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

GENERAL HA YNA.U.
The Vienna Gazette of the 19th instant publishes
the correspondence between Baron Koller, the
Austrian Charg6 d'Affaires at London, and Lord
Palmerston, respecting the outrage committed on the
person of General Havnau, as well as the notes that
were exchanged on the subject between the two Go-
vernments.

1.-NOTE FROM BARON KOLLER TO LORD PALMERSTON.
London, Sept. 5, 1850.
The morning journals of to-day publish accounts of
the outrageous attack made upon his Excellency General
Ha 3 nail esterday, when, accompanied by his two ad-
jutants, he paid a visit to the brewery of Messrs. Barclay
and Perkins.

Before his departure fur Dover, from which port ho
purposes embarking for Ostend, be declared that he
should not bring a complaint before the judicial courts.
As, however, the insult was offs_qed to an Austrian
general, the undersigned Char 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 than take place in the es-
tab'ishment cf Messrs. Barclay, Perkins, and Co,, whose
clerks appear to have been the instigators of acts of
swcage 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 heard of
this infamous act; it is a slur upon the proverbial free.
doin 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 coat the life
of him against whom they were directed.
The undersigned has 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 Replan, on the occasion
of his visit to the brewery of Messrs. Barclay and Per-
kins, with a request that an investigation be made re-
spcting the circumstances 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.
111.-INSTRUCTIONS OF THE IMPERIAL MINISTER OF

FOREIGN AFFAIRS, PRINCE SCHWARZENBERG, 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
fiaynau.
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 juJgment upon this unex-
ampled breach of hospitality. But that is not the suffi-
cient satisfaction which we expect from the sense of jus•
lice and loyalty of the British Government. We can
but inti,t 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, ou 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 tuo zeal-
ously over the safety of her subjects abroad, to make us
doubt for a moment that your request will bo 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.
IVO--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, be 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
Koller the assurance cf his high esteem.
PALMERSTON.
(Copy annexed to the above note.)

V.—COMMUNICATION OF THE UNDER SECRATARY (F
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 xpress 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 Baro❑ 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 anxiety, and he has reason to
believe that the General has declared himself perfectly
aatisfied 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-
ow 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 case before the grand jury.
Even if this difficulty was obviated, a judicial investiga-
tion grounded upon such an accusation could scarcely
be 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 c f opinion that a judicial investiga-
tion of this lamentable occurrence would not be attended
with any satisfactory result.
With rega, d to the observation of the Austrian
Chargé d'Affaires, that Messrs. Barclay and Perkins
elould 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 th,l investigation set on foot by Messrs. Bar-
clay and Perkins has not led to the discovery of the on
ginators of the attack, nor even to that of the principal
actors in the same.

11. WADDINGTON.

W.-NOTE OF BARON KOLLER TO LORD PALMERSTON.

DATED OCT. 3, 1850.

The undersigned Austrian Chargé 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 absecce and by authority of Sir George Grey, was
addressed by the Under-Secretary of Slate in the Home-
&Alice, 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 Ilaynau 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 AuArian Cabinet, should be sufficient reasons to in-
duce it to make good its rights in all cases where its
own interest:. demand it, by instituting a judicial inquiry.
The Attorney-General can take proceedings in such
cases against the guilty, or press nt an act of accusation
to the grand jury.
In the dispatch, written by authority of Sir George
Gc ey, it is said that the refusal of General Haynau to
appear as acct.'s! r had ten&red a judicial inquiry im-
possible; that his voluntary absence wrs 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 September, which touched so nearly the interests of
a foreign state, cannot be placed in the category of what
is commonly termed "summary jurisdiction of a ma-
gistrate."
When General Haynau 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 preccedieg, 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 fro:n themselves. But it cannot
b 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

the caie under consideration is that of a riot which oc-
casionE d a clisturbluce of the public peace, and touched
upon the considerations due to a friendly Government.

In the strictest legal point of view the appearance of
the person wronged is not indispensable.
When Sir Georg, Grey observes that the police were
not witnesses of what took place in the interior cf the
brewery, he forgets that they we re in the presence of
the mob in the street before the house in which the
General had sought refuge, and that it is almost impos-
sible to suppose that the inhabitants of that and other
houses in the neighbourhood of the brewery should not
have recognised one or other of the ringleaders.
These circumstances might have afforded sufficient
material to the Solicitor to the Treasury, or to any other
legal authority, to procure the necessary proofs for
bringing forward an kidictment, and with this view the
undersigned, in his cfhcial note of the sth of September,
pointed out the indubitable circumstances cf foreign
instigation, which had its seat in the establi,shment itself
of Barclay and Perkins.. _ .

It does not, appear that every means have been re-
sorted to or an earnest desire manifested to detect the
guilty, and therefore the assertion of George Grey
is correct that, under such circumstances, a judicial in-
vestigation would, in all probability, not lead to any
satislinnory result.
Ac regards the passage in Sir G. Grey's dispatch, in
which it is said that the Austrian Chargé d'Affaires pro
posed that Messrs. Barclay and Perkins should be callod
upon to institute an inquiry in their own establishment,
the undersigned has the honour to declare that he did
not make such a proposition, as he always entertained,
and still does entertain the hope, that her Majesty's Go-
vernment will itself take the necessary steps for a
strict investigation.
With regard to Messrs. Barclay, Perkins, and Co., the
undersigned thinks it right to call the attention of his
Excellency to the fact, that in their letter, alluded to by
Sir G. Grey, they do not maintain that they do not know
any of the guilty ones, but simply that they had not suc-
ceeded in discovering the instigators of the outrage, or
even the principal actors in it.

The only result of the steps taken in so serious an af-
fair, which does not concern public order alone, but the
daily intercourse of the subjects of both Governments in
the states of either, consists in the undoubted proof of
the disinclination of Messrs. Barclay and Perkins.
As the undersigned cannot regard this as the conclu-
sion of the affair, he has the honour to refer to his note
of the sth September, as also that of the 12th, commu-
nicated under date of the 24th to his Excellency, and to
request your Excellency to urge Sir George Grey, in the
sense of the present note, to see that steps be taken to
procure the desired end.

KOLLER.

VII.-LORD PALMERSTON TO BARON ROLLER.

Foreign-office, Oct. 8, 1850.
The undersigned, her Majesty's principal Secretary
of State for Forel4n Affairs, has the honour to acknow-
ledge the receipt of a further note on the subject of the
attack on General Haynau, which has been addressed to
him by his Imperial Majesty's Charg6 d'Affaires, Baron
Koller, on the 3d inst., and in reply has the honour to
transmit to Baron Koller the accompanying copy of a
communication on the subject in question addressed to
this department by the desire of Sir George Grey, pre-
viously to the receipt by the undersigned of the note ad-
dressed to him by Baron Koller on the 3d inst.
Under these circumstances the undersigned would re-
quast Baron Koller to be pleased to state whether he de-
sires any further interference with Sir George Grey in
this matter?

The. undersigned has the honour to renew to Baron
Koller the assurance of his most distinguished respec,.
13A.LMERSTON.
(Enclosure of foregoing Note.)

VIII.—LETTER OF THE UNDER SECRETARY OF STATE
FOR THE HOME DEPARTMENT TO THE UNDER-
SECRETARY OF STATE FOR FOREIGN AFFAIRS.
Whitehall, October 1, 1850.
Your letter of the 2Sth inst., enclosing a copy of a
dispatch of Prince Schwarzsuberg, in reference to the
assault on General Haynau, on the occasion of his visit
to the brewery of Messrs. Barclay, Perkins, and Co.,
has been laid by me before Sir George Grey. My let-
ter of the 24th ult. will have put Lord Palmerston in
poss.7ssion of the reasons which prevent the institution of
any legal proceedings against any of the persons impli-
cated in the disgraceful outrage. his Lordship is wel
aware that no course can be taken in such a case which
is not in harmony with the ordinary judicial procedure.
General Haynau's own refusal to prosecute or identify
any of the guilty parties was the only reason that mea
su: es were not forthwith taken to bring the perpetrators
to justice; and from the abortive efforts to bring the crime
hone to any individual in particular, Sir George Grey
regrets that it is not possible to institute a
criminal prosecution with the least prospect of
success. In addition, I have to remark that the result of
the researches of the Government is far from
justifying the idea, that the persons in the employment
of Messrs. Barclay, Perkins, and Company, were
promi,ted by others to the act, although there is little
room to doubt that they acted under the influence of
feelings excited by the publications circulated amongst
them.—l am, &e. H. WADDINGTON.

IX - NOTE OF BARON ROLLER TO LORD PALMERSTON.
October 9,b, 1850.

The undersigned Charge d'Affaires of his Majesty the
Emperor of Austria has the honour to acknowlealgo the
receipt of the note of yesterday, in which his Excellency
Viscount Palmerston, principal Secretary of State for
Foreign Affairs of her Mi.j. sty the Queen of Great Bri-
tain and Ireland, was pleased to communicate a copy of
a letter on the subject of the criminal act p rpetrated on
General Baron Flaynau, which had been addressed to the
Foreign-office by Sir George Grey, on the Ist of October,
and consequently bet4e the receipt by his Excellency of
the note of the 3d instant, addressed to him by the un-
dersign( d.
Inasmuch as the note above alluded to explained the
reasons why the undersigned could not declare himself
satisfied by the contents of the first communication, ad-
dressed, at the instance of Sir George Grey—after an
inexplicable delay—on the 24th of September, three
weeks subsequent to the event itself—and inasmuch as
the second letter is merely an extract from the first, to
which it refers, the undersigned has therefore the honour
to reply in the affirmative to the inquiry kindly con-
tained in it, as to its being his wish that Sir George
Grey should take further steps in this matter; and
would, therefore, renew the application contained in his
note of the 3d instant, to which he begs leave to refer.
The undersigned embraces the present opportunity,&c.
ROLLER.

X.—NOTE OF L".RD PALMERSTON TO BARON HOLLER.
Foreign office, October 28, 1850.
The undersigned, her Mjesty's First Secretary of
State for Foreign Affairs, having communicated to her
Majesty's Secretary of State for the Home Department
the notes addressed to him by the imperial Austrian
Cheri. F d'Affaires, Baron Koller, dated the 3d and 9th
inst., in reference to the attack made on General Haynau,
on the occasion of his visit to tee brewery of Messrs.
Barclay, Perkins, and Company, has now the honour to
transmit to Baron Kolkr the accompanying copy of a
communication addressed by order of Sir George Grey
to this dt.partmcnt.
The undersigned has the honour, &c.,
PALMERSTON.

XL-^-ENCLOSURE IN THE ABOVE NOTE. LETTER OF
THE UNDER SECRETARY OF STATE FOR THE HOME
DEPARTMENT, H. WADDINGTON, ESQ, TO THE UNDER
SECRETARY FOR FOREIGN AFFAIRS, HUGH ADDING•
TON, ESQ.

Whitehall, October 22, 1850.

I have laid your letter of the 17th inst., with the ac-
companying copies of a further correspondence with the
Austrian Charge d'Affaires, at this Court, on the sub-
ject of the attack oft General Haynau, before Sir Geerge
Grey, and I have to rfquest you will express to Lord
Palmerston the regret Sir George Grey feels that not-
withstanding the full explanation of the reasons which
preclude the possibility or instituting a prosecution of
any of the persons engaged in the outrage, Baron Koller
can still entertain the opinion that Sir George Grey is
disposed to regard this outrage as an unimportant matter,
or is disinclined to treat the case with all the gravity it
demands. I am desired by Sir George Grey to assure
you on the contrary that from the momi-nt th• act was
committed he has entertained the most anxious a ish that
the guilty parties should be discovered and brought to
punishment. _ . _

Baron Koller brought the case in his first note to
Lord Palrnersto❑ of the sth of September, a copy of
which accompanied ycur letter to we of the 17th Sep-
tember, under the notice of his Lordship in terms the
propriety of which is fidly recognised by Sir George
Grey, inasmuch us the violence (gored to Baron Ilaynsu
is c`►arac::•rissod as being at variance with the usages of
this country, and the hospitality which England has
always evinced towards all strangers, without distinc-
tion. Prince Seirwaraenhere., also in his dispatch of the
12th of September, on the same subject (a copy of which
accompanied your let ter to me of the 28th of Septem-
ber), gave expression to the same view of the subject, as
he treated the matters as a personal attack on General
Ilaynau, and referred to public opinion in this country
and elsewhere in condemnation of this breach of hos-
pitality.
In the opinion of Sir G. Grey the object of both these
communications was to came such inquiries and inves-
tiga ioes as to the authors and perpetrators of that at-
tack, to ho instituted, as would lead to their prosecution
and punishment.
It was in consequence cf the matter being viewed in
this light that both my former letters were addressed to
you by the desire of Sir George Grey, as lie bored that
the explanation of the circumstances which stood in the
way of the adoption of violent measures, and the criminal
pros( cution of the perpetrators, would have satisfied
Baron Koller and the Austrian Government.

In Baron Koller's communicstiou of the 3d inst., the
matter is placed in a different point of view, and the wish
is expressed that her Majesty's Government should re-
gard the case as one of " riot," and a violent breach of
the public peace, vi ithout special reference to the attsck
(,n General flaynau, and the violence offered to him. fa
reply, I have to remark, that it is the opinion of Sir
George Grey that the case, viewed in this light, is not
such as would warrant the Government o!. this country
in instituting a prosecution, as he is informed that
this case could not be brought before a legal tribunal
with that assurance of success necessary in the rare
case of a Government prosecution. Irrespective of
the difficulties stated in my former letters of sa•is-
fuctorily identifying any individual, it is much to be
doubted whether it would be possible to procure wit-
nesses to prove that the tumult bore the character
of a " riot" in the legal sense of the word, as it would
be necessary to eetablish the fact that the tumult and
di2)rder were; of so dangerous a character as to cause
public fear and terror. Much as Sir George Grey re-
grets that, from the causes assigned, the authors of tho
insults offered to General Haynan escape with impunity,
he is still of opinion that it would be very injurious for
the Grown to institute a criminal prosecution in a case
of this nature, without a strong assurance of success.--
I am, &e., 11. ADDiIiGTON.