The Sun.
London, England, 1861-07-29 00:00:00

AUS7RIA AND 11UNGARI

VIENNA, JULY 23.
This day at twelve o'clock the official Vienna
Gazette had distributed to an immensecrowd copies
of the Imperial answer. Many of the congregated
people could not conceal a deep anxiety produced in
their mind by its perusal. Several of them remarked
that his Majesty the Emperor had to choose be-
tween two evils, and consequently had selected the
lesser. It had been reported to-day that the Com-
mons of Pesth had received the same with loud
hisses ; on this, however, your Pesth correspondent
will give you exact information. Therescript is now
in everybody's hand, and the first question which
each reader puts to himself is, " How will all this
end ?" I have, however, enough to do till posting
time with the translation of the six columns I have
before me, and its score of lines without a full stop,
which places me in the unenviable situation to for-
get the half of its contents before I reach the con-
clusion of the rhrase. I will send the details by
next post.

The following is as nearly as possible the literal
translation of this important document :
WE, FRANCIS JOSEPH 1., SEND TO THE CONGRE-
GATED MAGNATES AND FAITHFUL REPRESENTA-
TIVES OF OUR KINGDOM OF HUNGARY OUR
GREETING AND OUR FAVOURS.
" Beloved and Faithful,—Having conformed
yourselves to the wishes which we expressed in our
rescript of 30th of last March in placing your ad-
dress before us in a manner corresponding to the
dignity of our crown and our hereditary sovereign
rights—for whichdutiful readiness we have already
expressed our approbation—we feel rejoiced, in ac•
cordance with our prothise and whole desire to be
the...important subject, soable to open our mind on
that by a clear and sincere explanation we may at-
tain an ultimate solution of the pending question.
" By our calling in of the present Diet we wished
to open a path by means of which all impediment to
a constitutional administration of our kingdom of
Hungary might be removed, and its relations
with our other kingdoms and provinces adjusted
in a manner that in conformity with the
interests of the whole empire a decision might be
taken which would answer the sentiments of the
nation and exclude any but a legal solution.
" When it is stated that our diploma of Oct. 20
is in opposition with the independence of Hungary
guaranteed by the Pragmatic Sanction, we acknow-
ledge that by the above diploma the Hungarian
Diet would not be entitled to discuss an affair con-
cerning the finances and the recruitment of the
country, as it was empowered to do by previous
laws, having now to decide conjointly with the re-
presentatives of the whole empire; still we cannot
draw from this any curtailment of the constitutional
guarantees of Hungary, but on the contrary see in
the common discussion of freely chosen members on
all their mutual interests an increased strength.
We also remind the magnates and deputies that
their former influence was limited to a small por-
tion of the taxation, whereas in future, by our di-
ploma, their power will extend over all the financial
resources of the empire. We also call to their me-
mory the contents of the Articles 1,2, 1723, of the
Pragmatic Sanction, which had been founded
fdefence against
not
attackson l only
coming
iinngc increase the
withint emeans
or
o
without, and to pro-
tect the country against the dangerous and excit-
able interregnum, but to establish a safe foundation
for the union and mutual understanding between
Hungary and the other portions of the empire.
" Our Royal invitation of the present Diet is in
itself an evidence that we mean to uphold intact
our coronation diploma, and we continue to state
openly in order to calm all existing excitement, and
to remove unfounded fears, that Hungary, both as
regards men and systems, will be governed in a
manner adapted to her old constitution, and that
the amalgamation of the countries belonging to
the Crown of St. Stephen with the other parts of
the monarchy is distant from our mind and our
heart
" But we can apply this only to the autonomic
administration of its internal affairs, as it was de-
eigned by the 10th Art. 1790. It is erroneous to
deduct from this that the inseparable bond which
unites Hungary to the other countries should only
consist in the union of the Sovereign, represent.
ing a mere personal tie. This statement is clearly
refuted by the laws and the history of the previous
legal position of Hungary.
" The unity of the throne, the management of the
army and finances, are the natural effects of the
Pragmatic Sanction, which guarantees the indivisi-
bility of the monarchy, whereas Hungary, during
the whole reign of our house, had never been repre-
sented otherwise ; but under the name of Austria
she had always contributed to the common wants
of the empire, and had her share in all the sacrifices
which ware incurred by the rest of the empire
whenever the misfortune of war befel our country.
This may be seen from the Articles 60, 1741 ; 2,
1796 ; 1, 1805 ; 2, 1807 ; 6, 1808 ; and others of a
similary nature.

_
" Through three centuries of common destiny of
an empire placed under the same government, our
kingdom of Hungary had become too closely unite,i
with the rest of the monarchy to allow her to be
identified with a mere personal union.

" This close union is distinctly marked in the
articles 1 and 2, 1723, as much by their contents as
by their consequences. The articles 21 and 98 of
the same year, in their third paragraph, as well as
the articles 104 and 114, point to a central govern-
ment. But the Hungarian legislation has given a
glorious proof of the protection of all common inte-
rests in the 4th paragraph of article 4 of the year
1741, by which the same, in order to avoid separate
government of Hungarnn
eel
or
mal ln
pt
al y 1 y, and in contradiction to
tt
ihnea pi rrojpgobsti t ilo.
reposed
oosfe tdh ei
nD
articleiet in
2, referencelB4st, to
notth e poanl
lay-
immortalelected
memory,
toe the husbandco.
co-regency,
ofge Marianey,
but
even Theresa
had
aoaf
named him as guardian in case of the minority of
his heir to the crown, so. as to be enabled to govern
Hungary con-c-
-w.eiththearpesetrsoofntahleuenmiopnire.
The
ofisaadritnicinleisitrit:til:4lo,f. milit.ary. and
financial affpaihrs evinced
ainb ai withntie tb, y
would
ao
Hul numberd otherwise . of
a c.
bt se
1848 the personal ds the nomination 4wtg etahrh‘r‘ si ycTpihnhda reeatarmhgege:in4almperialobn3Cl
ted in utter contradiction with its
on of Hungarian mints-
ewrshoincahl unionl Iu li
-
teitlehm thep laws of
ihnne'd'xarrpbmrleuibecelneb,awlwhich assails the unity of the Crown, and
sound duties towards the monarchy as inviolable.
nalolftthheesdeanlagwersshwadheicxh-
pßoustetdh
theien short-livedfl rstg sairxryematlhoi:natthios
preamble,
maintenance of common
had threatened Hungary and the whole empire,
be confined within the narrow
because in utter disregard of public rights and the
union.
" This decision had caused a dangerous commo-
tion, and rendered a fresh system and the removal
historylimit interests
o fo
afw
personalalis
of the existing one indispensable.
" But having by the diploma of October the 20th,
with our Royal seal, sanctioned the restitution of
the Hungarian Constitution, under certain condi-
tions and restricti•ns, which the interests of tb•
utno
Crown and the now constitutionally-governed king-
dom and provinces equally demand, we have, in
order to fulfil this promise, reinstated not only the
Comitats administration, but also all the Hungarian
tribunals and highest jurisdictions, and at the same
time called on the Diet, which, by means of legis-
lation founded on Royal or Diet propositions, was
to satisfy the wishes of the country in.pringing
them into harmony with the requiremeras of the
other inseparably united possessions of our Crown,
arriving thereby at a solution of the important task
laid out in diploma of the 20th October, 1860.
"To attain this aim the congregated magnates
and commons desire to revise at once the laws of
1848, making of them an unquestionable condition.
Thus in wishing to base this constitutional exist-
ence on these laws alone, they seek the solution on a
bssis which must needs place the interests of the
common empire in jeopardy, and render an equi-
table arrangement utterly impossible.
"We have acknowledged and corroborated, in
our diploma of the 20th October, those principles
contained in the laws of 1848, which imply the
assertion of the exceptional position of the nobility
—the competency of all classes and conditions to
public appointments—the abolition of serfdom—the
introduction cf a general taxation—and the expan-
sion of clerical rights. As regards the remaining
portion of the said laws of 1847-48, it must be
known to the magnates and commons that several
of them are is gross contradiction with the Prag-
matic Sanction, and,consequently, must be regarded
as inadmissible. Not less must it be known to
them that these laws are not only injurious to the
interests of tne whole empire, but also to portions
of the kingdom of Hungary, which suffer thereby
in their national rights. We have been taught by
bitter experience how little several of these articles
do respond :o the municipal and national interests
of Hungary, and how small a security they offer for
the attainment of their own purpose, And thus the

rath.

various political and national elements, as well as
the relation of Hungary to the whole empire, de-
mand a different basis for their conciliation. We
then inform, with all kindness, the magnates and
deputies that we never had, and never will acknow-
ledge these articles, which. clash so forcibly with
the interests of the whole monarchy, and parti-
cularly with our decision of the 20th of October,
1860, and that of the 26th of February.
" But, since the initiative for these necessary
changes belongs, not only to our Royal proposition
but also to the nation, and since it is not only the
latter's privilege, but its solemn duty, to find a safe
substratum on which the constitution may firmly
repose, and the historical rights may find a just
solution, it is our wish that the laws of 1848 should
be submitted to a revision, and brought into har-
mony with the Pragmatic Sanction, and the re-
quirements of all common interests, as has been
already indited in the diploma of the 20th of
October, 1860, before we can enter into any pro-
ceedings of our coronation diploma, which we intend
to issue. _ _ _

" Relying in safety that the magnates and depu-
ties will follow the example of their forefathers,
who, led by a feeling of patriotism, knew how to
appreciate the pressing requirements of occasional
circumstances, and were ready to combine by the
Articles 4, 1687, 8, 1715, 1-2, 1723, the legal posi-
tion of Hungary with the interests of the whole
empire, we request herewith that they will place
before us the bills concerning the revision and can-
celling of those laws in conformity with our ex-
pressed wishes, and submit them speedily to our

Royal sanction.
" By Articles 1 and 2 of our recent diploma and
the fundamental laws of the 26th of February, 1861,
all those matters which refer to common rights,
obligations, and interests of the monarchy have to
be decided by the general Reichsrath. }laving by
an Imperial letterof the 26th of February directed
to our Chancellor, decided on the constitutional
form by which the elections in Hungary for the
common Parliament should be effected, in order to
avoid force and confusion, the magnates and depu-
tise will also on their part take the necesssary steps.
The final arrangement of the above requiring a
longer time and a prolonged discussion, having for
this reason at the time of the calling in of such
Reichsrath on the 26th Feb.' in a letter addressed
to our Chancellor, sanctioned a provisorium for the
above contingency, and as the magnates and depu-
ties have expressed their readiness to eater into an
arrangement from point to paint with the other
portion of the empire, Wgl admonish earnestly the,
magnates and commons., although they have de-
clined in their address participation in the same
Reichsrath that by sending their oueta to this as-
sembly they may uphold the influence of their
country in all matters cr.,eoerning their own inte-
rest, which, by our aiploma of the 20th October,
we are deter
reined to direct only with the well-
regulated participation of our people.
ss We then enjoined the magnates and deputies
to respond to this call, inasmuch as all questions
alluded to will be discussed and settled without

delay, at the furthest in the course of the month of
August,
" After the regulation of the relationship of Hun-
gary to our other dominions, and after the revision
of that portion of the laws of 1848, the re-institu-
tion of which is utterly impossible, at least in their
present form, the demanded reintegration of the
kingdom of Hungary may be contrived in the fol-
lowing way : . . _

" As regards the union with the Grand Duchy of
Transylvania, which had been effected without the
consent of the Roumans and Saxons, it must

be remarked that this union had never been

legally accomplished,

and _ that immediately

after the one-sided decision it had fallen to pieces.
It is not realisable as long as the non-Magyar
Transylvanians look upon the same as injurious to
their interests, and as long as the safety of the

whole empire is not guaranteed by the same. For
this purpose we left this point untouched in our
diploma, and have ordained the reorganisation of
the Transylvanian Diet.
" It is different with the kingdoms of Croatia and
Sclavonia as regards their relations to Hungary, on
the solution of which we have addressed a letter to
the Bans, reserving our intention for further consi-
deration.

"The historical relationship of these kingdoms to
the Hungarian Crown, in reference to the Hungarian
Parliament and their own administration and juris-
diction, was essentially modified by the laws of
1848. They had produced such an ill-feeling that
these kingdoms had preferred to withdraw from
Hungary rather than submit to a Hungarian
ministry. . _

" In harmony with our letter above alluded to,
we declare, however, that this question can be placed
before us with effect only when an understanding
between the two Diets has been established, and
that it is one of the most important tasks for the
magnates and deputies to take the solution of the
question into consideration how by the upholding of
the autonomic administration those conditions
might be settled by which these kingdoms, without
injuring their relations to the empire, may be dis-
posed to decide upon a loyal union with Hungary.
" By this definitive arrangement of tha interior
administration of the two countries our disposition
remains unaffected, by which the kingdoms of
Croata and Sclavonia have to participate in the
common Reichsratb, to discuss those topics which
are contained in our diploma, the discussion of which
is to be effected by the co-operation of all our
people. Thus we have issued our letter, directed
to the President of our Croat-Sclavonic dicasterium,

on the 26th of February, enjoining the order for
the election of the representatives to our Reichs-

"At the seme time we request the magnates and
deputies to bring in a bill which should either
form part of the Royal proposition, or issue from
the legislative body itself, which ought to regulate
the rights of the non-Magyar inhabitants of Hun-
gary in reference to their national development,
language, and the mutual relations of their public
administration.

" As regards the Serbs, we reserve to ourselves to
guarantee their time-honoured privileges and their
national interests on the basis of the last decision
of the National Congress of the Voyvodina, and also
for other arrangements and propositions to be for-
warded to the magnates and commons for ulterior
discussion.

"Lastly, we hope that the magnates and com-
mons will be alive to the great bearing of
their present task; and will dedicate all their '
energy to a successful solution, and keep
in sight the requirements of the whole empire ;
only under these conditions will the hereditary
King of Hungary enter into any proceedings in re-
ference to our inaugural diploma. In reference to
the abdication of the Emperor Ferdinand, we have
to remark to the magnates and deputies that we
'seriously deprecate the pretext of a want of for-
mality, for when our revered uncle, in his abdication
of the 2d Dec., 1848, renounced the crown ci
Austria,—to which Hungary undoubtedly belongs
—and when his Imperial Highness the Archduke
Francis Joseph declined its acceptance, and we
consequently ascended our hereditary throne, an
nouncing to our people the abdication, cession, and
our accession to the throne, the issuing of an ulterior
document or law ceases of itself.
" We announce, in conclusion, even now our dis-
position that we are willing, on the occasion of the
coronation, to take into consideration the petitions
referring to those condemnations which were the
effects of exceptional jurisdiction.
" This is, then, what we wish to answer to the
magnates and commons, justly expecting that,
having directed our intense care to reassure the
kingdom of Hungary as regards her independence
and her interior administration and legislation, that
the magnates and commons will not in their turn
withhold their constitutional co-operation with a
becoming consideration for the equitable relation of
other peoples indissolubly united by means of the
Pragmatic Sanction, and for the realisation of their
common welfare. Knowing, however, that such
sudden steps might not be undertaken without a
serious disturbance of existing relations, the destruc-
tion of property, and the great risk of common in.
terests, we have already decided in our diploma of
Oct. 20, that all the actual laws and arrangements
which may be important for Hungary and the rest
of the empire, especially those providing means for
the wants of the monarcy, should remain in full
force until their alteration might be carried out in
a constitutional arm. We, then, remind and ear-
nestly admonish the magnates and deputies that
they have to act with precision upon all the above
arrangements.
" We, notwithstanding, are well inclined towards
you in assuring you of our Imperial and Royal
favour.
" FRANCIS JOSEPH. (m. p.)"

It is stated that 5,000 breach-loading rifles, on
the principle of Mr. Westley Richards, have been ordered
by the Government. It is not yet known to what troops
they will be issued, but it is probable they will soon be
brought to a severe experimental service test. The weapon
is in high favour with many officers who have had the
opportunity of firing with it during the late public matches.
•Irtn:/ a7:4 Navy Gazette.