The Sun.
London, England, 1850-12-26 00:00:00

GENERAL HA YNAU

The Vienna Gazette of the 19th instant publishes
the correspondence between Baron Koller, the
Austrian Charge d'Affaires at London, and Lord
Palmerston, respecting the outrage committed on the
person of General Elaynau, as well as the notes that
were exchanged on the subject between the two Go-
vernments.

1.-NOTE FROM BARON ROLLER TO LORD PALMERSTON.
London, ti'ept. 5, 1850.
The morning journals of to-day publish accounts of
the outrageous attack made upon his Excellency General
llaynau yesterday, when, accompanied by his two ad-
jutants, he paid a visit to the brewery of Messrs. Barclay
and Perkins.

Before his departure for Dover, from which port he
purposes embarking for Ostend, he declared that he
should not bring a complaiat before the judicial courts.
As, however, the insult was offered to an Austrian
general, the undersigned Charg6 d'Affaires regards it
his duty to address a request to his Excellency Lord
Palmerston that (even in default of an accusation in the
usual form) an investigation shall take place in the es-
tablishment of Messrs. Barclay, Perkins, and Co., whose
clerks appear to have been the instigators of acts of
savage brutality, which, without the timely intervention
of the police, might have been attended with lamentable
results.

The undersigned is already convinced of the sincere
regret with which your Excellency will have beard of
this infamous act; it is a slur upon the proverbial free-
dom of this country and upon its noted hospitality; it
found its origin in the calumnious exaggerations which
some journals and the hatred of a faction propagated re-
specting a celebrated man, and they nearly cost the life
of him against whom they were directed.
The undersigned Eas the honour to remain, &c.,
KOLLER.
IL—NOTE OF LORD PALMERSTON TO BARON KOLLER.
Foreign-office, Sept. 14, 1850.
The undersigned principal Secretary of State of her
Majesty for Foreign Affairs has the honour to acknow-
ledge the receipt of the official note addressed to him
under date of the sth September, calling his attention to
the attack made upon General Haynau, on the occasion
of his visit to the brewery of Messrs. Barclay and Per-
kins, with a request that an investigation be made re-
spectingthecircumstances of the attack.

- In reply, the undersigned has the honour to declare to
Baron Koller, that the Government of her Majesty
deeply regrets that an officer holding a military position
in the service of the Emperor of Austria should have
been exposed to such infamous mistreatment in this
country as that suffered by General Haynau, and the
undersigned, in compliance with the wish of Baron Kol-
ler, will bring his note under the notice of the Secretary
of State for the Home-office.
The undersigned takes advantage of this occasion to
renew the assurances of his high esteem.

PALMERSTON.
M.-INSTRUCTIONS OF THE IMPERIAL MINISTER OF
FOREIGN AFFAIRS, PRINCE SCHWABZENBERG, TO THE
IMPERIAL CHARGE D'AFFAIRES AT LONDON, BARON
ROLLER.

Vienna, Sept. 12, 1850.
I have the honour to acknowledge the receipt of your
dispatches of the sth and 6th, informing me of the steps
you found it necessary to take with the British Govern-
ment in consequence of an infamous attack upon General
llaynau.

We will not point out here the scandalous and revolt-
ing nature of the snare laid for the celebrated General;
the public opinion of England, and of the whole civilized
world, has pronounced its judgment upon this unex-
ampled breach of hospitality. But that is not the suffi-
cient satisfaction which we expect from the sense of jus-
tice and loyalty of the British Government. We can
but insist that the investigation which you demanded in
your note of the sth to Lord Palmerston be carried on
strictly, in such guise that not only the actors in the
attack shall meet with the punishment they deserve, but
that the unrelenting arm of justice may reach also the
chief instigators of the crime, who, in all probability,
keep themselves in the background, and from a distance
only moved the wires that set their puppets in motion.
The British Government must attach, on the one
hand, too much importance to see the blow which the
fame of English hospitality has received, amply re-
venged ; and, on the other hand, she watches too zeal-
ously over the safety of her subjects abroad, to make us
doubt for a moment that your request will be imme-
diately and energetically complied with.
You are authorised to read this dispatch to her Ma-
jesty's Secretary of Stste for Foreign Affairs.

SCIIWARZENBERG.
IT.—NOTE OF LORD PALMERSTON TO BARON KOLLER.
Foreign-office, Sept. 30, 1850.
The undersigned, her Majesty's principal Secretary
for Foreign Affairs, having brought under the notice of
her Majesty's Secretary of the Home-office the commu-
nication of the Austrian Chargi d'Affaires, Baron
Koller, of the sth instant, the object of which was to
instigate an investigation into the circumstances of
the attack upon General Haynau, on the occasion of
his visit to the brewery of Messrs. Barclay and Per-
kins, he has now the honour to transmit to Baron
Koller the copy annexed of a communication ad-
dressed to this department by Sir George Grey on the
above subject.
The undersigned has the honour to renew to Baron
Roller the assurance of his high esteem.

PALMERSTON.

(Copy annexed to the above note.)

V.-COMMUNICATION OF THE UNDER SECRATARY QF
STATE IN THE HOME-OFFICE, H. WADDINGTON, ESQ.,
TO THE UNDER SECRETARY OF STATE, H. ADDING..
TON, ESQ.

Whitehall, Sept. 24, 1850.
I have presented to the Secretary of State, Sir G.
Grey, your communication of the 17th inst., accompanied
by the copy of a note from the Austrian Chargé d'Af-
faires at this court, dated the sth inst., and am charged
to express the deep regret and sympathy felt by her
Majesty's Government relative to the scandalous attack
upon General Haynau which forms the substance of the
communication of Baron Koller. Although the prompt
interference of the police happily protected the General
from danger, Sir G. Grey has, nevertheless, lost no time
in taking the necessary steps for protecting him against
further annoyance or acxiety, and he has reason to
believe that the General has declared himself perfectly
satisfied by the measures adopted by the police, as also
with their conduct at the time of the attack. The in-
tention alluded to by Baron Koller, as having been
taken by General Haynau, not to take any judicial steps
in the affair, was communicated to Sir George Grey imme-
diately after the occurrence, with the fact that the Ge-
neral and his friends, when requested by the police which
came to his assistance to point out the aggressors, refused
to do so, or to give any information that might lead to
their arrest.

Sir George Grey regrets that this consideration, how-
evfr honourable to the General, has thrown insurmoun-
tab'e difficulties in the way of a summary judicial pro-
ceeding, which, according to law, can only be instituted
on the accusation of the party injured.• As the police
were not present in the establishment of Messrs. Bar-
clay and Perkins, they had no direct knowledge of an
act of personal aggression, and hitherto it has been im-
possible to prove the identity of any single one of the
individuals concerned, without which knowledge it would
be impossible to bring the carne before the grand jury.
Even if this difficulty was obviated, a judicial investiga-
tion grounded upon such an accusation could scarcely
bo attended with any result if the injured parties, whose
evidence would be required by the jury and the court,
remained voluntarily absent. Under these circumstances,
Sir George Grey is cf opinion that a judicial investiga-
tion of this lamentable occurrence would not be attended
with any satisfactory result.
With regard to the observation of the Austrian
Chargé d'Affaires, that Messrs. Barclay and Perkins
should be called upon to institute an investigation in
their own establishment, I am requested to inform you
that the assistance of the police was offered to Messrs.
Barclay and Perkins for that purpose, but that Sir George,
Grey has learnt with regret from a letter from Mr. Bar-
clay, that the investigation set on foot by Messrs. Bar-
clay and Perkins has not led to the discovery of the ori-
ginators of the attack, nor even to that of the principal
actors in the same.

H. WADDINCTON.

TL---NOTE OF BARON KOLLER TO LORD PALMERSTON,
DATED OCT. 3, 1850.

The undersigned Austrian Charg6 d'Affaires had the
honour to receive the day before yesterday the note of
the 30th September, in which his Excellency Viscount
Palmerston, Secretary of State for Foreign Affairs of
her Majesty the Queen of Great Britain and Ireland,
communicated to him the copy of a dispatch which, in
the absence and by authority of Sir George Grey, was
addressed by the Under-Secretary of State in the Home-
office, Mr. Waddington, under date of the 4th Septem-
ber, to the Under-Secretary of State in the Foreign-
office, Mr. Addington, relative to the serious and la-
mentable occurrence of the 4th of the same month.

The undersigned has observed with regret in that dis-
patch—first, an endeavour to attach a secondary im-
portance to that occurrence—and, secondly, a deficiency
of ready and earnest zeal which the occasion seemed to
demand. _ ___

The attack upon General Haynau was accompanied
by considerable riot, and directed against an officer
holding a high rank ,in the service of his Majesty the
Emperor of Austria.
It cannot surely be maintained that in such a case the
British Government cannot assert its authority. On the
contrary. it seems that the disturbance of the public
tranquillity, as also the existing friendly relations with
the Austrian Cabinet, should be sufficient reasons to in-
duce it to make good its rights in all cases where its
own interests demand it, by instituting a judicial inquiry.
The Attorney-General can take proceedings in such
cues against the guilty, or present an act of accusation
to the grand jury.
In the dispatch, written by authority of Sir George
Grey, it is said that the refusal of General Haynau to
appear as accuser had rendered a judicial inquiry im-
possible; that his voluntary absence was contrary to an
act of indictment, and that as the police were not present
at the attack committed in the interior of Messrs. Bar-
clay and Perkins's establishment, it was impossible to
identify the culprits.
The undersigned beg leave to observe that the riot of
4th Sept,mbt r, which touched so nearly the interests of
fureign state, cannot be placed in the category of what
is commonly termed " summary jurisdiction of a ma-
gistrate."

When General Ilaynau declined bringing an accusa-
tion ho acted upon the presumption that the British
Government would know how to make itself respected.
Disgusted with the infamous proceeding, he thought he
might be spared the annoyance of a personal application.
Under ordinary circumstances it may be necessary to
insist upon the presence of such persons who demand
satisfaction for a wrong, that they may be heard upon a
suit, proceeding directly from. themselves... But it cannot
I3J presumed for one moment that any such proceeding,
however small, took place on the part of General Hay-
nau, whence his testimonial is totally unnecessary when