The Sun.
London, England, 1861-03-05 00:00:00

TO THE EDITOR OF THE SUN.

Sir,—About a month ago Count Apponyi, the
Austrian Ambassador, requested her Majesty's
Government to stop the manufacture and delivery
of certain notes which were being printed in the
establishment of Messrs. Day and Sons, and of
which a specimen, surreptitiously obtained, was
handed over as a proof.
The body of this note was in the Hungarian
language, and to the following effect :
" One florin.

" This monetary note will be received in every Hungarian
State and Money office as
" One florin in silver ;

" Three zwanziger being one florin; and its whole nominal
value is guaranteed by the State.
" In the name of the nation,
" KOSSUTH, LOUIS."
At the bottom were the Royal arms of Hungary.
As is customary in such cases the legal advisers
of the Crown were consulted. These notes were
not imitations of any notes in existence, and the
printing and publishing of notes purporting to
be bank-notes of the State of Hungary—a State
which de facto does not exist—would scarcely
be considered as an offence by any existing law.
Even the strictest interpretation of the law could
not bring them under the head of a warlike
preparation against a friendly State. The notes
were worthless waste paper, with which not a pistol
could be bought, and were only available in the con-
tingency that a Hungarian State was constituted,
and that these notes were recognised by the nation.
This would seem to be the natural view of the sub-
ject.

This seems to have been, likewise, the opinion of
the legal advisers of the Crown, for I see from your
law reports that the Austrian Government has
given up the hope of inducing her Majesty's Govern-
ment to meddle in the matter, and that Francis
Joseph, Emperor of Austria, has addressed himself
to the legal authorities of England.
He comes before a tribunal of free and constitu-

tional England, and states that he is King of Hun-
gary, and as such, in right of his Crown, has the
sole and exclusive privilege of authorising the issue
in Hungary of notes for payment of money, to be
circulated in that country as money.
It is a bold step this on the part of Francis
Joseph, Emperor of Austria, to appeal thus to an
.English Judge to recognise his pretensions as King
of Hungary, and to call down upon himself and his
past rule the verdict of the public opinion of
England.

The right of succession in Hungary of Francis
Joseph rests on the so-called pragmatic sanction
which was published by Charles 111. (as Emperor
of Germany Charles VII.) on the 13th of April,
1713, but which was only accepted by Hungary ten
years later, in the Diet of 1723. This pragmatic
sanction extends the right of succession to the
female line of the House of Hapsburg ; but when
Hungary accepted the succession it was as a
bilateral contract and in the 1,2, and 3 Articles
of the Statute of 1723.
" His most sacred Majesty graciously confirms
and will maintain all diplomatic and other rights,
liberties, and privileges, laws and approved customs
of the faithful estates of the kingdom and the parts
annexed to ic."

~ Similarly his successors, who must be legiti-
mately crowned asKings of Hungary and the parts
annexed to it, will inviolably maintain the above
said prerogatives, immunities, and laws of the
estates of the kingdom."

The 3d Article of the Statute of 1790 orders
that " the coronation and inauguration of the King
shall inevitably take place within six menths after
the day of the death of the last King.
The 10th Article of the Statute of 1791 decrees
that " Hungary, with all the parts annexed to it,
shall be a free kingdom, and independent in all
matters relating to its government—that is, that it
should be subject to no other people or State, but
have its own Constitution and Customs, ard that
therefore it should be governed by its own legiti-
mately crowned King, according to its own laws
and customs, and not according to the manner of
the other provinces."

In the inaugural diploma of the last still Hying

Equally untenable is the pretension put forward
of " the sole and exclusive privilege of authorising
in Hungary the issue of notes. Were he legally
crowned king, and had ho complied with all the
laws, he would have no such privilege. The law
of 1543 gives him the right of " coining money,"
but the only authority of issuing bank notes given
by the Diet is that conferred on Louis Kossuth, as
Minister of Finance, in 1849; so that, as a ques-
tion of right—of which alone there can be a ques-
tion before an English tribunal—Kossuth has it
far more than Francis Joseph.

And what is the complaint of Francis Joseph ?
That the introduction of the said notes into Hun-
gary will create a spurious circulation there.
To fix the currency is in every country the pri-
vilege of the authorities. They determine what is
to be a legal tender, and what is not. It is for
Francis Joseph to declare that the notes in ques-
tion shall not be received in any Hungarian State
and pay-office, and he is quite at liberty to impede
their circulation if he can, but surely he cannot
expect a British court of justice to do police duty
for him ? His only claim to be Ring of Hungary
is based on the 200,000 Russians who placed him
there, and on the large force which keeps him there.
He must appeal to them, and not to a constitutional
judge of England, who will surely not degrade him-
self and his position by recognising the presump-
tions of one who rules by the violation of all that
is most sacred in the eyes of every Englishman.
Here is an opportunity to exercise that moral
power which is the legitimate boast of England.
Let the world see that there is, at any rate, one
country where might is not right, and England
will have done more to strengthen a nation strug-
gling for its rights than if she had sent a powerful
fleet to their support.

I am, your obedient servant,
MAGYAR.

RUSSIA AND POLAND.

The following is the petition to the Emperor of
Russia from his Polish subjects, of which a portion
appeared in The Sun of yesterday :
" Sire,—The lamentable events which have just
occurred at Warsaw, the exasperation which pre-
ceded them, and the deep feeling of sadness which
has:penetrated every mind, have induced us to place
at the feet of your Majesty the present petition, in
the name of the whole country, hoping that your
noble heart, Sire, will not remain deaf to the voice
of an unhappy people.

These events, the heartrending details of which
we abstain from describing, were by no means
called forth by the subversive passions of any par-
ticular class of the population ; on the contrary,
they are the unanimous and eloquent manifestation
of sentiments discarded and of wants ignored.
More than half a century of suffering imposed upon
the whole nation, upon a nation which for centuries
was governed by liberal institutions ; this nation
deprived even of a legal voice to bring before th•
throne of the Sovereign the complaints and ex-
pression of the general wants ; all this state of
things has forcibly reduced this people only to make
its voice heard by the cry of its victims, and thus it
never ceases to offer up a holocaust.

" Every inhabitant of this unfortunate country
entertains in his heart a deep-rooted sentiment of
nationality quite distinct from that of the other
people of Europe. This sentiment resists the effects
of time and of events ; misfortune, instead of weak-
ening it, has strengthened it. Whatever Rounds
it or insults it upsets the public mind.
" Thus, that fatal influence has undermined all
confidence between the governors and governed.
Confidence cannot be restored. Violent and repres-
sive measures will be resorted to without effect.
This country, formerly on the level of civilisation
of other European States, cannot receive any moral
or material development as long as its Church, its
Legislature, its public instruction, and its whole
social organisation are deprived of the stamp of its
national genius and historical traditions.
" The aspirations of the nation are the more fer-
vent as, in the great European family, it finds itself
almost alone deprived of those absolute conditions
of existence without which no society could achieve
that development intended for it by Providence,

" In placing at the foot of the Throne the expres-
sion of our sorrow and of our fervent desires, con-
fident in the sentiments of high equity and of jus-
tice of your Majesty, we have, sire, to appeal to
your magnanimity. We are the faithful subjects
of your Imperial Royal Majesty."

THE FATAL ACCIDENT ON THE SO UTH-
WESTERN _RAILWAY.

The adjourned inquest on the death of Dr. Baly
was resumed yesterday, at the White Hart, Merton.
Some further unimportant evidence having been
given,

Mr. Carter, the coroner, having carefully summed
up the more important points of the voluminous
evidence which had been given, the jury proceeded
to consider their decision, and, after a consultation
of upwards of two hours, found the following ver-
dict :—" The jury find a verdict of accidental death,
and they say this investigation has shown that one
of the wheels of the tender was in a very danger-
ousu
which the
d evidence disproves
improper
this to have been the cause of the accident. We,
st starew were e from
inserted, the
although
the jury, strongly recommend to the consideration
-of the directors that additional break-power should
be applied to all passenger trains. We also cannot
disperse without expressing our approval of the
conduct of the pal d, en gme-driver, and pointsman
for the promptitude and presence of mind displayed
on this occasion."

A letter from Milan states that a subscription
has ibeen opened throughout Italy in aid of the popu-
lation of Gaeta, which suffered so much during the bom-
bardment. His Royal Highness Prince Carignanx
lieutenant of the kingdom, has put his name at the head
of the list for a subscription of 10,000 fr,

- -
King Ferdinand (1830), Art. 1,2, 3, the latter pro-
mises

" 1. To maintain all laws which were made by the con-
sent of the preceding kings and the estates of the realm.
" 2. To maintain the integrity of the kingdom, with all
the parts and provinces annexed to it, and that he will re-
store all those which have been separated.

"3. That at every change on the throne the heir pre-
sumptive should be crowned in the legally convoked diet,
aocording to the third article of the Statute of 1790, and
should confirm by oath the present inaugural diploma."
Now, Sir, these are some of the laws which
regulate the right of succession in Hungary, and
how has Francis Joseph complied with them ?
The Hungarian Diet, legally convoked by the
still living King Ferdinand V., was sitting at
Pesth when the official Vienna Gazette announced
to the world that Ferdinand V. and his brother
Francis, the heir presumptive, had abdicated in
favour of Francis Joseph. The right of succession
by abdication is unknown to the Hungarian law,
so, before it can be recognized, it must be estab-
lished by the legally convoked Diet. The only
two cases in Hungarian history--Maria in 1385
and Rudolph in 1608—were in consequence, the
first of a resolution, the second of a pressure from
the Hungarian Diet.

Thus, not only was the right of succession of
Francis Joseph never recognized by the Diet,
but it was never even officially announced to the
nation. The first intimation was the attack under
Prince Windisehgratz in December, 1848, with
75,000 men, combined with other attacks from
north, east, south, and west, and when this attack
ended in defeat and the Austrians were expelled in
the spring campaign of 1849, 200,000 Russians
were called in, and Prince Paskiewitsch "placed
Hungary at the feet of his Imperial master."
That foreign Governments, from political grounds,
should recognise a de facto dominion, however
unlawful, is natural enough ; but surely the tri-
bunal of a free people so jealous of its constitutional
rights may be expected to consider the question of
right and wrong, and not of political expediency.
Francis Joseph may be Emperor of 'Austria by the
grace of God, and rule Hungary by the grace of
th 4 Emperor of all the Russias, but an English
court of law can only recognise him as King of
Hungary when .he has fulfilled those conditions
which alone can make him King of Hungary.
Neither is he recognised as such in Hungary—for
in all the numerous representations made by the
counties he is never addressed as King of Hun-
gary, but merely as Emperor of Austria.

-

Au? y MARKET AND CITY NEWS.

CITY, Two O'CLOCK.
11u3iness in the Foreign and Colonial Produce
Alai kets during the last few days has been rather
More active. The finer descriptions of sugar have
been taken rather freely by the trade for home con-
sumption ; inferior qualities, however, have been
neglected. Coffee has continued in good demand,
at full prices. In tea the transactions has been

important, and rice, spices, and saltpetre have re-
Mained at previous rates. Tallow has been in
better demand, and P.Y.C. has advanced about ls.
per cwt.

An extensive demand prevailed in the Liverpool
Cotton Market yesterday, and prices tended up-
Wards. The sales amounted to fully 20,000 bales.
About £50,000 in bar gold was sent into the
Bank of England yesterday.
To-day a call of £2 per share, amounting to
X 6,000, became due on the Tenbury Railway.
The completion of the payments due on the 4th
of the month has been succeeded by a diminished
inquiry for money, and accommodation can be ob-
tained on slightly easier terms.
The efflux of gold to the United States continues
to engage attention in monetary and commercial
circles, owing to the influence it may yet exercise
Upon the tendency of the discount market. During
the last few days increased remittances have been
effected, and a further considerable supply is
eZpected to leave in the course of the week.
There has been very little animation in the
market for Public Securities to-day, the dealers
and brokers being occupied with the preparations
for the settlement of accounts. Consols are 91 a 4
far money and for the 7th inst., and 921 Z for April.
The New Threes and the Reduced are steady at
9it i; Long Annuities at 161 ; and Exchequer
Bills at 7s. to 2s. dis. Bank Stock is at 2321 ;
Indian ditto is firm at 2211 and 2221 ; aid the
Debentures are at 951.
Foreign Securities have been dealt in to a fair
extent, and prices generally are well supported.
Turkish 6 per Cents. are 70 701 ; ditto 1858, 52.t0
; Portuguese have improved to 464 47 ; Prus-
sian 6 per Cents., to 1011 ex. div. ; ditto 3 per
Cents.,.,,, to 61 ; and Spanish Passive, to 17i ; but
~'exiean are flat at 23f-, ; Dutch 21 per Cents., at
'3l ; and ditto 4 per Cents., at 1001.
There was rather more activity in the Rail way
Share Market to-day, and a slight advance took
place in prices. Lancashire and Yorkshire, North-
Westerns, and South-Easterns, have improved ss. ;
Great Westerns, Brighton, Manchester, Sheffield,
and Lincoln, and Midlands, 10s. ; Great Northerns
declined ss.
Iu the Foreign and Colonial Markets the transac-
tions have been limited, and prices have not varied
to
any important extent. South Austrian and
Lombardo Venetian realise 12,1 ; East Indian, 99;
and Great Indian Peninsula, 95.
Joint Stock Bank and Miscellaneous Shares
Continue at steady quotations.

BRITISH FUNDS—ONE O'CLOCK.
?Mk Stock
Per Cent. Reduced Annuities 9l# a 1
L' Per Cent. Consols Annuities
"A
..." C ' 3 per Cent. Annuities 9ll
-Lanuities, 30 yrs, expire 6th Jan., 1880 —
bitto for 30 yrs expire sth April, 1885 l6l
India Stock ' .. ~. , 222 11 11
.. ea
Ditto 6 per •
Cent
_oliitto Debentures, 1858 95
t.: osols for Account, March 7 .. 911 I
41tchequer Bills, £l,OOO, 11d
D tto £5OO 2 dis
Ditto Small .... 2 die
Ditto Advertised
FOREIGN FUNDS—ONE O'CLOC
1001 K
Brazilian 6 per Cent
o.lpitto, 1839 & 1859 lOO4
-de 3 per Cent
p °llllDitto
bguese 3 per dent... 1853 • •
-v,ussian 6 per Cent. 1822, £ St
• •
Ditto 3 per Cent, 1859
'P,4l:iish 3 er
uitto Passive Cent
•• • •
,Panish Cert. of Coup. not funded.......
lirkigh 6 per Cent ..
Ditto Account
Ditto New Loan
Ditto Account
Ditto £lOO Bonds
Dividends on the above payable in London.
Dutch Exchange, 12 Guil. 21 per Cent 631
...Ditto Certificates, 4 per Cent.
'lednaontese 6 per Cent., Ex. 25f. ' 76 /
Consols TWO O'CLOCK.
, Money 91# #
Ditto Account
Ditto April

23f
47 6t
1011
61

171
61 6

THE IVEATREE.

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