The Sun.
London, England, 1850-12-02 00:00:00

tr 4
k

LONDON, MONDAY, DECEMBER 2, 1850.

A conference of such extraordinary importance as
to have been scarcely even paralleled in the history
of modern litirope, has just commenced at Olmutz,
between the Prussian representative Baron MAN..
Tisurran and the Austrian representative Prince
SCIIWAILZENERRO. Upon the result of that confer-
ence the question of peace or war among the States of
Germany is dependent. Let us hope that the awful
responsibilities of their position is by this time so fully
appreciated by the two great statesmen above men-
tioned that they may find themselves enabled, without
the smallest sentiments of irritation, to fulfil the enor-
mous duties devolving upon them as plenipotentiaries.
Without this serenity of temperament on their
part little advantage can be anticipated, and
the faintest ebullition of wrath on either
aide may plunge the world anew in the
horrors of a war, from which we may, during
many years, sigh in vain for an extrication. A more
terrible alternative never certainly hung over any ne-
gotiation than that presented to the diplomatists who
are now deliberating on the entangled affairs of the
Confederation. It is an alternative between a retro-
gression to barbarism by appealing to the hazards of
battle, or an advancement on the pathway of civiliza-
tion by securing with fresh bonds the benefits of con-
tinental tranquillity. It is an alternative between a
fresh alliance on the part of Austria and of Prussia,
on the part of the South and of the North, on the
part of legitimate government and lawless revolution
—or of a rupture such as must engender
enormities only capable of being strangled
in the grasp of victory. After thirty-five
years of quietude, as far as a general warfare is
concerned, it would in truth be lamentable to witness
the resumption of those arms which have been eaten
into not ingloriously by the rusts of a prolonged
pacification. More especially would such a result be
deplorable considering that the only incitements to a
proceeding of this desperate character are discoverable
in differences capable of being smoothed away by the
appealing hand of arbitration.

Prussia has blundered. Nevertheless, that is as-

suredly no reason why Europe should be committed
to the perils of a sanguinary and interminable move-
ment, or that the Berlin Monarchy should be like-
wise jeopardised by any such desperate ad-
venture. But the fortunes of the house of
Brandenburg—that house whose dynastic glories
were principally achieved by the sword of Great
FREDERICK, that the fortunes of this family, and with
them the fortunes also of the Prussian people, would
be staked at terrific hazard upon the results of a rup-
ture with the Austrian Government, must be manifest
to any one acquainted with the history of the two
principal divisions of the Germanic Confederacy.
When it is considered that the Cabinet of Berlin is
embarrassed by the necessity of supporting a gigantic
army with deteriorated finances, and with the legacy
of yet larger involvements left :of the late unsuc-
cessful revolution, it must be apparent that the
odds against Prussia would be proportioned
to the number of those very embarrassments.
Added to this, her military forces are almost entirely
composed of soldiers unpractised in the science of
campaigning, and supported alone by their own innate
bravery or by the traditionary excitation of past
achievements—whereas the armies of his antagonist
have been baptized in the blood of many terrible com-
bats, conducted at least by one general of incompa-
rable ability, the veteran and victorious Prince of
NovARA. Besides all which considerations, it must
be especially borne in recollection that against
Prussia in all her late misunderstandings' have been
ranged,• scarcely without one solitary exception,
all the principal Governments of Christen-
dom. And this, moreover, owing entirely
to the circumstance that in each of
the Prussian Administrations, one or other of the
venerated laws inscribed upon the international code
has been violated—the violation, too, being in many
instances of the most flagrant character imaginable.
Contrary to acknowledged principles of justice, the
Cabinet of Berlin has been seen acting in one direc-
tion against the imprescriptible rights of Denmark, by
affording military assistance to the Holstein rebellion.
Ia another quarter it has been marching its troops
into Hesse Cassel, a direct infringement of the condi-
tions of the very treaty to which it has referred as
the authorization of the movement, the treaty
signed in 1817, and known as the Etappen
Convention. According to the stipulations of that
agreement Prussia was secured simply the right of
passage through the electorate, not of that organized
occupation with which she has now virtually cast
down the gauntlet to the rest of the Germanic Confe-
deration. Altogether, any line of policy more irre-
gular or unjustifiable can scarcely he conceived than
that which has latterly dragged down the Prussian
Monarchy into an abyss of involvements.
Fortunately the settlement of existing difficulties
has at length been committed to men capable, we be-
lieve, of understanding the exigencic sof the present
position of Germany : and not, as heretofore, to
hair brained adventurers in diplomacy, or crochetty
experimentalists in negotiation. To Baron MAN-
eeurrEn we may look with some degree of confi-
dence fur an evidence of that more truthful patriotism
which displays its existence in a serene and impur-
turbable moderation, not in the braggadocios of a
frivolous and ostentatious audacity. From the
calmness of his conscientious, if not profound judg-
ment we may hope to see emerging some promises of
an ultimate reconciliation. As his colleague in ar-
bitrating matters respectively on the part
and in the name of the Prussian and
Austrian Governments, he has a diplomatist
in every way qualified to appreciate on his side the
urgency of the question at issue, and the imperative
necessity of concession both from Berlin and Vienna.
Satisfied at once as to the capacity and integrity cf
the negotiators who have now simultaneously repaired
to Olinutz, we look forward with sanguine anticipa-
tions to the result of this momentous interview.

Among other concessions, Austria will, of course,
adhere to the assent already expressed by her in the
proposal of separate alliances within the Confederation,
although in this she may find in the end a fruitful source
of additional and unexpected difficulties. Her ultimatum
conveyed to Berlin by Baron PROLESCII, must still for
the most part be maintained ; nor can we think from
the reasonableness of its several requirements that
Prussia will remain obdurate in refusing to yield to
demands of such undeniable justice. Opportunities
have now consequently presented themselves for the
revival of friendly feelings between the constituent
parts of Germany, of late so lamentably estranged, to
their own individual and collective detriment.
Whether these opportunities will be accepted or not
forthwith it would be idle of course to con-
jecture. What we are solicitous to learn, how-
ever, is the existence of any disposition to
abandon the causes of either on the side of
Prussia or on that of Austria. A little while longer
and we shall be enabled to judge as to the pro-
bability or improbability of this, from the intelli-
gence received from the town of Olmutz. For
the present the remote spectators of the events
transpiring in Central Europe can only exercise what
patience they may best command, yearning with the
utmost possible degree of solicitude for the accounts
of some satisfactory agreement.

Everything connected with the administration of
justice is, in this country, regarded with the greatest
reverence. The law invests with peculiar sanctity
every person in any degree concerned in carrying it
into effect. Judges, jurymen, counsel, attorneys, and
witnesses are taken under its especial protection. It
is the paramount obligation which every member of
the community owes to courts to lend his aid in
elucidating the truth, and bringing the legal machi-
nery into perfect operation. While engaged in that
sacred duty they are exonerated from every inferior
liability. The rights of creditors are for the
time suspended, no party engaged in a cause
in any of the capacities above alluded to can be
taken in execution while so occupied. He is
protected from civil process eundo, morando, et rede-
undo, while going to, remaining at, or returning from
the tribunal before which the case is at issue. If ar-
rested he will be forthwith discharged from custody,
and the officer required to show cause why he should
not be punished for his contempt. A libel on the ad-
ministration of justice is justly regarded as of the
most serious and aggravated character, and the
offender is subjected to the most stringent penalties.
The judge on the bench of justice knows no superior ;
even the Monarch on the throne cannot interfere with
the due discharge of his important functions. He
cannot in any manner be questioned or interfered
with. History makes honourable mention of the
Lord Chief Justice (GetscoecNE,) who committed the
heir-apparent to the Crown, for daring to insult the
tribunal over which he so worthily presided—of the
sagacious KING who not merely forgot the affront
offered to his eldest son and probable successor, but
even thanked the DEITY that he had a servant who
so worthily maintained the dignity of his exalted
station—and of the Prince who, on his accession to
the throne, honoured and respected the worthy vin-
dicator of the majesty of the law. Never was there
a period in British history, when a judge could be
called on to defend in the field his decisions on the
bench. The American judge (LYNCH) was a cha-
racter wholly unknown in England.
In like manner, and for the same purpose, the bar-
rister is permitted an unrestricted licence and freedom
of speech ; he knows, or regards, but one person—
his client. To advance his interests, to protect his
rights, he may comment upon every portion of the
case, and on every person in any degree concerned.
He may use galling and irritating language, without
the slightest fear of personal consequences ; his speech
is completely privileged, there is no boundary or
limit to his discretion. If be abuse that privilege he
will himself be the chief sufferer, but it will
be merely a moral censure that can be
He cannot be civilly sued or criminally
indicted for defamation. Even in bygone days,
when duelling was fashionable, the barrister, although
"a fighting man," was bound not to accept any chal-
lenge or to answer for anything which he might say
or do in the discharge of his professional avocations,
and any assault or insult offered to him in consequence
would be visited with heavy retribution.
The witness had likewise a single duty to perform.
He was bound to tell " the truth, the whole truth,
and nothing but the truth." He must do that inde-
pendently of every influence. If his nearest and dearest
nified nothing;
friend were concerned in the issue, it Sig
he could not be exonerated from his sacred obligation.
without considering whom it
His evidence must be given without fear or favour,
prejudice or affection;

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