New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-26
LETTERS ON HUNGARY-~N0. XVI.
THE HUNGARIAN CONSTITUTION.
ENGLAND, Nov. 20.

In considering the old Hungarian Constl-
tuition. If should always be borne in mind that-sAis
body of law is the fruit of the Middle Ages Itcame
to it's development in the heigh, of Feudalism, and
it is to be tested and Judged of not at all as mod
ern instrument but according to the times from
which it sprung. In nearly all the European King
doms there has been a time in which the King has
won complete sway over his sub ects by destroying
the power of those nearest the throne-the nobility
Feudalism and serfdom have been swept away, that
the Prince or Emperor might become the sole
power So it had happened, that there were many
countries of Europe where there were no serfs and
TO feudal lords, but where no one was free There
was one absolute master over all-out there were
no petty masters. The case was different in Hun
gary From the peculiarly of its union with Aus
uia its Constitution preserved safe from the at
tacks of oppressive princes. The instrument con-
tanned within itself provisions which were strange
ly liberal for that age, and which IN all ages form
the best basis for growth of real freedom 1t cher
ished the freedom and municipality of towns and
especially trained the people by the lnnumeraoe
Representative Assemblies it formed, through eve
ry part of the land-bOdies which bear wonderful
resemblance 10 the town-meetlngs," district and
State assemblies, and the whole system OF represen-
tation in our country-undoubtedy our best school
for political life. The whole administration OF gov
eminent too was entirely in the hands ofthe people
or rather should say-of the freenen-and as CON-
piete system of selfgoveTnment existed for this
class as even exists in England itself. All the
district and county elections were held en- masse,
by cow entons OF reemen, all the county leglsla-
lures were composed IN the most democratic man
ner Of those who entitled to be freemen III the
county Tor Comitaf } and the highest Legislature,
or Parliament, was mace up OF members elected
by ballot from the fIeemen, though combining an
aristocratic element IN sluggish House OF Lords
Tor Masnoten) entitled 10 seat from their birth, or
position. These provisions for selfgovernment
we're the more remarkable, as originating III an age
when little known or cared in Europe gene
rally for the great principle OF Government through
rppre sentation. Combined with them, embraced
within the same Constitution was that grand night
OF Hungary, which Austria was ever attacking, and
which was the only pledge of the existence OF the
netion-the right to her own independent admins
tretion Is it to be wondered at that Constitution
such as this containing such elements of hbeTy, and
so identhed with the independence OF the nation,
should be most religlously preserved Every new
assault the Aus,rians only endesred IT. Every de-
uand even for reform, was feared, lest 1t might bea
loop hole for other changes All classes-the aris-
a. the pledge of the very nationality OF Hungary, as
The only safeguard against the tyranny OF Austria
So IT resulted that this old instrument or Garter
the frui, of the feudal tinos-though wonderfully
LIBERAL if any other Constitution of that day De coa
sidered-- survived with all Its inequalities to. times IL
which feudasm had all passed away And a, last,
when, i'll the rest OF Europe the ieudM relations
were at an enc when there were only aOsuiuie
Kings or Republics, Hungary Stlii appeared VIA
all he
| Miodle Ages.
A singular anomaly there WAS too IN her appear
| ance, There sas Constitution the nberality OF
some of whose provisions even the constitutional
| England or our model Republic has not yet sur
| passed-accCmpanied with a str'dcm ana ia aflsto
! cracy, as unjust as has ever cursed any land
propose IN this lCtler 10 give oiet account OF
thete two elements oithe hungarian society, AS they
have been the subject Of much discussion IN Ameu-
| ca, and my opportunities OF investigation have been
unusually favorable.
! Some writer lately in The Times. signing himself
! an Engineer" SAYS that he had under his en-
ploy while building the suspenslon.bridge at Peslh,
| about 500 Hungarian N0btcnen," breaking stone
/ ana LAYING piers have no doubt he might have
| cone 30 Nothing coull show better the Incorrect
ress OF the term Noble" as applied 10 the prly-
/ lectd class OF Hungary. lretmtn' would be
much more appropriate name-or IN other words,
ne Mobility were ali those who had come to be
! allowed by law certain privileges OF voting ana
holoing property. winch tue other classes did not
! have. Th,y mIeht De bootbiacks or holsters, or
stoue-cuueIs, bot as long as they belonged ny de
| scent to tins class, they enjoyed It's PRIVILEGES, and
| wee MOBILES" US the German winters callthem.-
/ There would be equal proprety, however, IN
calling all those. III our own country, having the
rrlyieg es OF voting and holding Office, " MOBILES,
sDd those ooprlvtd oil meni-loitIgheIs' HeStoes'
/ women &c --"Serfs.'
The FIST great privilege ofthe freeman OF Hungary
was III be cOu.d never be lmpTlsoAed on suspl-
clon In every trial, TIL the sentence was pioh9uh
cpiy eXceptlon were cases OF highway ROBBERY, per-
/ NY of office hold rs, and high-iTeason
No freeman could ever be imprisoned 700 loi
/ cebi, or punished Win coTpOrcdl punishment auu
/ apueal was always allowed hlm to the hghesi
4 QUIT.
Til the great victory, gained by kossuth's party,
IN ls36 no person our OF this class vas allowed per.
| souain 70 BRING any accusation against freeman
tut must II citizen. DO IL through me cry cofpo-
ration o. # a tenant, through ms ianlioru.
Resides toe person of the freeman being maze 10"
,loiab.e his land was almost equally protected. NO
one bus member OF his class cou!d purchase III
snded estates or have the power OF exercising ecu
/ cad rights over ms tenants All MS property Nas
secured nom the usual taHcs-iOm all tunes 70 ue
sIereN or govern ment anC rom pay nsntS OF !ateS
or contributions No tolls Jeslies could ever Dc &c
! rranded OF ham Oh bridges or highways his mouse
and MS estates. too, could never DC ouiuseG "a
the quarter o. soldiers upon them la f,saIu 70 NJ
yable uroptrty he hac the rgnt 10 ulsposeo II -
he chose but II ms inherited estates ne VS. utsIl,
checktc and cor tSolled bV the II" OF eiltaIisls
/ .4,frucrl which secured them t. Ills family, anu
/ ave his descendants ile privilege Oi retaining
rawnec estate, 800 years after the time o. 'he CON
! tract. -. .,,h,.o,n.
men OF TIE lowestpositon, belonged alsosl ECU ~
sn,y all UuitIcai nights. Only they coili woe ioi
,ienb,rs Of the National Legislature, lReichsiagJ
or for any county OF district officers In all assem-
hhts -or seTing the taxation OF the people iol reso
o,,ro the matters Of internal government iol cnolce
~ magistrates and judges, this class sloRe hAd a
/ vciIe No one TOO but " freeman" could oe emo
ser \ representative 10 the Reiehstag or appointed
/ Coverner tObergfSydn) Of 4 C0nftdf, or eVeA &c
~ = a = ilagr n dee or iuryman. In former times,
TOO, eve, the hisb6ss places il the Catholic Church
were only open 10 this class ,... -.
Amore unjust and annoying distinction OF easls'
: than this as |, appears on paper, scarce ever eA
4 isi,d THAT one class not necessarily Ii any ~
IN educaton or wealth, orreanemeHt, should
utterly control the administration OF the Country III
,bo.e 10 never naid the taxes should appropriate
,Icm and that those who made mos; use OF the pen
.6ts Of the Government should be obliged 70 give
nothiug Tor lis support, was system 80 unteasona