The Sun.
London, England, 1861-03-02 00:00:00

PRUSSIA A 'VD ITALY.

Herr von Vincke, the mover of the resolution in
the Prussian Chambers in favour of Italian unity,
writes as follows to the Perseveranza

" The journals report that an appeal is being
made in Italy for offering me a testimonial for a
motion in the Prussian Parliament, viz., that "it is
for the interest of Prussia, and of Germany gene.
rally, not to oppose in any way the consolidation of
the unity of Italy." Animated by the liveliest
desire of witnessing the constitutional unity of
Italy under the sceptre of her brave king, Victor
Emmanuel, I think it my duty to call to mind that
my motion—considering the occasion and motive
of it—was not intended to express sympathy—a
thing barren enough in politics—but to indicate in
the interest of Prussia and Germany the line of
conduct which the Prussian Government ought to
follow in the opinion of the Chamber of Deputies,
that is, to abstain from all interference—even diplo- ,
matic interference—in the affairs of a nation as '
great as it is full of good intentions towards Prussia
(as I have a right to presume); of a nation w:lich
fights for its unity, the fulfilment of which by
pacific means is for the interest of Europe, and OR
which Germany hopes that she may count in case
of opposition being made in the name of Europe to
the abuse of force by any power whatsoever.
" For these reasons the undersigned feels it, how-
ever reluctantly, to be his duty to refuse a mark of
recognition, on the part of Italy, of a proposition
which he made as a Prussian, and in the interest
of Prussia. Consequently, while warmly thanking
so many Italian patriots, I ask them to -devote the
product of their subscriptions to the aid of the
families of the brave soldiers who have recently
taken the fortress of Gaeta under the royal flag of
his Majesty Victor Emmanuel. _

G. YON VINCKE.

EXTENSIVE FIRE.--Yesterday morning a fire
broke out on the premises of Mr. P. Foster, beershop keeper,
China-place, Back Church-road, St. George's-in-the-East.
A policeman discovered the fire, and aroused the inmates,
but so fiercely was it progressing that they were unable to
escape by the staircase. Fortunately they effected a safe
retreat from the top windows, over the roof of the house.
The royal fire escape and several engines arrived in rapid
succession, when the firemen, with a good supply of water,
succeeded in conquering the flames, not, however, until the
house was destroyed and those adjoining much damaged.
The cause is unknown. The loss will fall on the State and ,
other offices.

MIDDLESEX SESSIONS.-APPEAL AGAINST A
MAGISTERIAL CONVICTION. The court sat yesterday,
specially at Clerkenwell, to hear an appeal by Wm. Harrod
and James Hall, against a conviction by Mr. Arnold, the
police magistrate, for being in possession of a quantity of
meat reasonably suspected of having been unlawfully ob-
tained. The court affirmed the conviction, and the appel-
lants were removed in custody to undergo the sentence of
two mouths' hard labour.

FRANCIS JOSBPH OF AU,s2RIA V. PAY
41171) KOSSUTH.

---- ----- ,1,,,

M. Kossuth, who has always paid scrupulous
deference to English law in England, took legal
advice as to the lawfulness of his printing certain
banknotes. On being assured that they were lawful
he gave his sanction. They are in the Hungarian
language(whichdiscriminates them from all Austrian
paper), and promise that the note shall be accepted
in Hungarian Government Offices for such or
such a sum. They are signed Kossuth, without
any title annexed, On the face of the matter there
is no imaginable fraud : the holder can never fancy
that they are something else than they are. It is
not even clear that they are intended to be used at
all, except after Kossuth shall have been recalled
to Hungary and reinstated as its Governor. We all
remember that in the war of 1848.9 he found ex-
treme difficulty in getting Kossuth-notes stamped
fast enough. For any thing that an English Court can
know, he is now preparing for a future exigency in
Hungary, for which he has a legal right to prepare.
On the other hand, if it were in evidence before the
Court that he had sold these notes by public auc-
tion, and that A. 8., an Englishman, had bought
a 10-florin note for 9 florins, what else would this
be but a' speculation of A. B. as to a future revo-
lution in Hungary? What else could an English
court have to say to it but caveat emptor ? In no
commercial sense is Francis Joseph injured, when
A. B. gives money to Kossuth for a piece of paper.
Even if the notes were drawn upon his name, he
would have no power to claim an injunction
against them. Any Englishman, C. D., is free
to draw a bill on any banker or merchant,
on his own paper, and to sign his own
name ; and the banker's redress is to dis-
honour the paper when presented ; but he
has no right to interfere between the issuer of the
paper and his customer, even when the customer is
the victim of a fraud, except when the banker's own
paper is being imitated. What if M. Kossuth's
notes ran as follows, " I hereby avow that I have
at present no credit in the Austrian treasury ; but
I expect that within twelve months I shall have a
credit there of thirty millions sterling. On the
faith of that expected credit, I promise that this
note shall be accepted there for a hundred florins :
Kossuth." If thereupon an Englishman were to
pay down eighty florins for the note, no Court of
England would listen to the complaint of Francis
Joseph that he was wronged by the transaction.
How then the more at present ? Francis Joseph
is not called on to pay. He has the common
banker's remedy, of dishonouring the bills when
presented.
But his complaint to Chancery is said to have
run thus :—" I am king of liangary ; and as such,
by the laws of Hungary I have an exclusive
privilege of making bank-notes : therefore I claim
that the Court will put an injunction on M. Kos-
suth's notes, lest these notes be smuggled
into Hungary." Accepting his facts, we
have to ask: When he enters Court as an
individual Hungarian who has certain exclusive
privileges in his own country, how is his case dif-
ferent from that of any other Hungarian, who has
similarly some exclusive privilege, as that of a
copyright or patent ? Unless there were some
international treaty to forbid it, the copyright or
patent might lawfully be imitated in England;
and if the patentee applied for an injunction, lest
the articles be smuggled into Hungary, the court
would reply—" Your Hungarian officers must
look after that contingency themselves." It does
not appear that the Austrian Ambassador in
the Emperor's name ventured to complain of
Kossuth circulating these notes in England. He
knew that this would be a question, not for Chan-
cery, but for the Ministry ; a purely political ques-
tion, whether such conduct threatened the peace of
England. He knew that the Ministry, after con-
sulting the law officers of the Crown, though anxious
to aid the Austrian policy, found no ground to
stand on. He, therefore, expressly based his claim
for an injunction on the argument that such notes
were intended to circulate in Hungary. How the
Vice-Chancellor should yield to it has puzzled some
Englishmen learned in the law.
If the case comes on for further hearing, the fact
alleged by Francis Joseph will require to be sub-
stantiated. He professes to be the legitimate King
of Hurgary. This is positively denied by all
Hungarian legists ; and the evidence to the con-
trary is on the face of Hungarian law and of
European history. Even the heir to the throne is
not King of Hungary until he is legitimately
crowned ; and he is under legal duty to
take the coronation oath within six months.
If six months elapse and he remain un-
crowned, the position is so illegal in Hun-
gary, that no man can say what he is. And before
he is crowned, he has not aiministered to the estate,
(as a lawyer would say of an executor to a will;)
he can perform no properly royal functions: he can-
not convene the Diet, (the Palatine must do that,)
and much less can he issue Hungarian notes. Even
the crowned King has no such privilege: it is only
the Diet which from time to time permits such an
act.—Nor is this all: but the whole House of Austria
has been legally deposed in Hungary, by a formal
act of the Diet, legally summoned, not according to
any new extemporised processes, but according to the
hereditary and ancient precedents of Hungary;
when her King, an imbecile and half idiot, was used
as a tool of treason by the Austrian Cabinet, and was
next deposed by them on his refusal to go all the
lengths of his treason. The Diet deposed the dynasty
for four reasons: 1. that it had secretly allied itself
to insurgent traitors and robbers whom it publicly
denounced. 2. That it had attacked with armed
force an unarmed and loyal people. 3. That it had
violated the integrity of the monarchy by tearing
away its constituent members. 4. That it had
called in foreign armies to crush liberty. This
solemn act of deposition was passed, after
the Austrian armies had been victoriously
driven out in 1849. An unjust Russian
invasion followed, and Francis Joseph be-
came Emperor, not by Hungarian law, but by the
Russian arms. He has never pretended to be King
of Hungary till since last October. In 1849 he
published an edict, which began with, "Hungary
exists no longer." And he now claims that an
English Court will adopt as fact all his versions of
history and of law.
Moreover, if the Hungarian Declaration of In-
dependence be not valid in law, much less is the
abdication of Ferdinand V., and of his brother,
the father of Francis Joseph. These abdications
have never been even presented to the Diet : some
doubt whether such documents exist, or ever were
executed. Be that as it may, if there be any legal
King of Hungary, it is Ferdinand, the crowned
king, and not his nephew, who has been put on
the throne by Russian arms, and has never yet
performed a single legal deed.
When the Austrian Ambassador has so weak a
case,—when the laws officers of the Crown had de-
cided against him,—why does he rush into Chan-
cery ? Apparently, because he hopes to crush
Kossuth by the expense of a Chancery suit.

TILE BOBOUG'H FRANCHISE BILL.

MEETING AT LEEDS.

Yesterday evening there was a largely attended
meeting held in the Victoria Hall, Leeds, for the
purpose of expressing an opinion on the bill brought
in by Mr. Baines, M.P., with the object of extend-
ing the borough franchise. The major (James
Kitson, Esq ) presided, and he was supported by a
number of old and tried Reformers. The first re-
solution, which was moved by Mr. T. B. Baines
and seconded by Mr. John GENOS, was as follows :
" That this meeting of the inhabitants of the borough
of Leeds believes that the time has now arrived when the
education, independence, and patriotism of the working
classes fully justify, and loudly demand, such an extension
of the 11 rough franchise as shall give to those classes a fair
share in the election of representatives to Parliament."
The resolution was unanimously carried, as was
also the following, which was moved by Alderman
Middleton, and seconded by Mr. A. Scarr—
" That this meeting regards with high satisfaction the
consistent adherence to principle shown by the Liberal
member for this borough, in introducing a bill to extend
the Parliamentary franchise in cities and boroughs in
England and Wales, believing that such bill,
if carried, will improve the representation of the
country, and tend to satisfy the just demands of the work-
ing classes • and it urges Mr. Baines to steadfast perse •
verance willh this bill, in regard to which this meeting feels
bound to aid him by all constitutional means."

It was also resolved to petition Parliament in
favour of the bill, and an appeal was made to the
electors and non-electors of the various towns in
Yorkshire and Lancashire, to organise a vigorous
support of the measure, which comes on for second
reading on April 10th. Three cheers for Mr.
Baines, M.P., terminated the proceedings, which
lasted two hours and a half.

The Giornale di Verona of the 25th ult. states
that Mazzini is now at Caprera "to arrange the next expe-
dition with his Lieutenant Garibaldi." -

FUNERAL OF CAPTAIN BOYD.—DUBLIN, March 1.
—The funeral of Captain Boyd took place today. It was
an imposing ceremony. The body was landed at Kingstown
amid the firing of minute guns ; and a procession, includ-
ing 300 officers, seamen and military, followed. After
parading Kingstown the procession came by train to Dublin,
where it was joined by a firing party, a large detachment of
military, and 200 students. The coffin was carried on a
gun-carriage followed by the deceased's dog, and a seaman
carrying his hat and sword. On the procession arriving at
St. Patrick's Cathedral it was met by his Excellency th•
Earl of Carlisle, the Lord Mayor, and others. The usual
ceremony was then performed and the remains of the gal-
lant deceased committed to the grave.