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Da < re 215 ; '• I was for my part / page 252 ; « In a . word Sf force' page 260 ; < During that these reflections , SleSW : ' I have already indicated , ' page 266 j . " With respect to the fourth misdemeanour imputed t 0 ^ Whereas , if in the incriminated passages are to be met with passages which ought never to fell from the pen oT a writer who respects himself , and if these expressions are of a character to sow disunion and excitement among citizens , they do not manifest sufficiently Tthe part of the author the intention to disturb the public peace ; tbat this last misdemeanour is not therefore found to be completely characterised ; " That the Comte de Montalembert and Douniol remain convicted of having committed the three misdemeanours above charged against them ; ' . , - " Misdemeanours provided against and punished by the Articles 1 and 4 of the decree of the lltli August , 1848 1 and 3 of the law of the 27 th July , 1849 ;
" " Whereas , in case of conviction of several misdemeanours , the greatest punishment ought alono to be applied ; that the severest punishment is imposed by the first article of the law of the 29 th July , 1849 ; that this article , which has for object to protect from culpable attacks the chief of the State , sprung from universal suffrage , has not been abrogated ; "• Making of the said articles application to the accused : " Whereas there exists in respect to Douniol extenuating circumstances , and the dispositions of Article 463 of the Penal Code are , by terms of the decree of the 11 th August , 1818 , applicable in matter of misdemeanour of the press ; " Seeing the article 463 ; " Condemns the Comte de Montalembert to six months' imprisonment and 3000 francs fine ;
" Douniol to one month ' s imprisonment and 1000 francs fine ; " Declares that they will be severally and collectively held responsible for the said fines ; " Discharges them from the remaining heads of accusation ; " Condemns them jointly and severally to pay the expenses , and fixes for one year the duration of constraint by body . " [ Term of imprisonment if the expenses be not paid . ] I have given you above as literal a translation as possible of the judgment , for it is a melancholy curiosity . I know not where you are to look for its parallel , unless it . be in the annals of the Terror or in the records
of the Bloody Assize . The punishment inflicted at those epochs may have been more cruel and more sanguinary , but that they were more unjust is impossible . Never in the most dismal periods of history was justice so flagrantly and scandalously violated as yesterday in what it will be henceforth a mockery to call the Palais de Justice . Never was the law so despotically and infamously perverted to the elevation of ignorance above intelligence , and to screen men of ignoble character from that which all honest men award . Who are the " men oF the Government "' that M . de Montalembert is punished for having excited public contempt for ? Does not that contempt envelop them and cling to them , despite their
writhings and their contortions ? No verdict of judge , nor abject flattery of mercenary advocate , can make the world forget that many of these men are the fruits of adultery , and that at former periods of their lives they were maintained by women , and too often by the wages of hideous vice ; that they were , in short , what is called in police reports " fancy men . " It is to gratify the bilious spite of such things as these that a man of irreproachable private life , ail eloquent orator , nn able writer , a member of the first literary body in Europe—the Institute of France—a groat statesman , a peer of the realm , is to bo cast for six months in a felon ' s gaol ! But let M . Montalembert take
heart"Stone wnlls do not a prison make , Nor iron bars a cage . " All honourable men in France , all admirers of political honesty , and tlie votaries of freedom throughout the world , will respect his nobility and integrity of purpose . They would infinitely prefer his prison fate to tho gilded palaces and eensual enjoyments of a Do Mortiy or a Walowski ; and the most ennobling document that ho qnn bequeath to his posterity will be tho record of hia condemnation yesterday , when ho stood up well-nigh alone , in tho presence of the greatest despotism that ever weighed down a nation , to acpept and boar the responsibility of his sympathy with froo Englishmen , for that , and thnt only , was his offence . ~ ^^ ^ ^ J ¦ • ~ ^ m T ^ i * T ^^ —^^ ^ Iw Wt H ^ f ^ V V
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PRUSSIA . A letter dated Berlin , Nov . 24 , says : —" The definitive election of the Deputies to the Chamber came off yesterday . The contest lay , not between Conservative and Liberal , " but turned upon a number of secondary considerations . No Conservative ( Manteuflfelite ) candidate was so much as thought of for Berlin . That Berlin has selected the nine most distinguished , or most able men , out of the fifty or sixty candidates with which they commenced their deliberations , cannot be affirmed-But they have chosen nine men , every one of whom is very well fitted for their purpose , and for the present juncture . What was required was , independence of character , . witTuntt extreme political tenets . They have endeavoured to get men who would support , without being subservient to , the present Ministry ; men who had political knowledge without theories of politics . And what the electors sought it must be admitted that they have found . "
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AUSTRIA . The discontent in the Lombardo-Venetian provinces is very great , and disturbances are expected . Count Gyulai , the Commander of the Austrian forces in Italy , is still here , and it is now generally known that he and the Archduke Ferdinand Maximilian are at variance . Some of the foreign papers have spoken of serious misunderstandings between the Governor-General of the Lombardo-Venetian kingdom and the Imperial Government , but thero is a great deal of exaggeration in . the reports . There is a rumour of the death of Prince Metternich , but the truth of it is doubted . He is eightyfive years of ago , and waa indisposed a few days ago .
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THE IONIAN ISLANDS . News has been received from Athens , dated November 18 . The news of Mr . Gladstone's mission to the Ionian Islands had created much excitement in diplomatic circles . The King had sent for the Russian Ambassador , nnd a Cabinet Council was held , to take into consideration tho relations of the Ionian Greeks with their countrymen of the continent , in conjunction with tho published despatches of Sir J , Young , suggesting thnt the British Government should retain only
the islands of Corfu nnd Paxq . It seems to bp understood by the King and Court , that if England -withdraws from tho other islands they will of necessity be annexed to Greece . It was proposed to modify the existing Ministry , and to take in some Liberals known to be favourable to England nnd constitutional rule in Greece . Tho Russian Ambassador is said to favour this move on the part of tho Court , as in point of fact tho islands from -which wo should retire would , annexed to Greece , fall under Russian influence .
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SWITZERLAND . Tho affair of Mgr . Marilloy , Bishop of Friburg , is , ifc is said , about to be brought formally boforo the Swiss Chambers . Tho Govorninont of Borno objected to that prolate exercising Ins , pastoral functions in tho capital or tho Confederation , and t | io Papal nuncio remonstrated . The executive council , in reply , pointed to tho provisions of tho Concordat of October , 1818 , which interdicts , tuo residence of the Bishop on tho territories of /« " »«» Friburg , Noufchatol , nnd Gonovn , on tho ground that nlfl presence w < w incompatible with tho mnlntenanoo of nubllo tranquillity .
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this state and that state are flying about , but which are , to my mind , utterly devoid of any interest or tendency . In spite of its monotony , Prussia is the only theme that affords a correspondent matter to write about . We must console ourselves that acts of the Prince and his Minister will become matters of history , and may lead to consequences which no one can be certain of , but many may and do anticipate . I noticed in my last that the Swiss journal the Bund had been seized by the Prussian police ; since then we hear that the police authorities have refused to allow the German Catholics , the disciples of Dr . Ronge , the free exercise of their religious worship . This sect had been forbidden by the late Ministry to hold prayer meetings in company
with their wives and children , but imagining , like all the rest of their countrymen , that a new era had been inaugurated in Prussia by the accession of the liberal-minded Prince of Prussia to power , they met on Sunday , the 7 th instant , for the purpose of public worship , having first craved permission from the police . At the hour appointed for prayer , however , a police official appeared with a notification that prayer meetings could not be tolerated , and that therefore they must disperse and return home , winch they did instantly and quietly—evidence of a remarkably meek and Christian spirit or great respect for the law , or that coercive means which passes under that term in Prussia , and all German } -, excepting perhaps the Hanse Towns , Hamburg , Bremen ,
and Lubeck , where freedom still glimmers in spite of the despots around . It must be admitted that the Prince—he must not be permitted with hereditary kingcraft to shuffle off his responsibility- —has seized the earliest opportunity to throw cold -water upon the enthusiasm of the people , who believed that his advent to power would be the signal for freedom of the press and legitimate freedom of action . Those who relied upon his oft-repeated declarations , Or at least the declarations attributed to him , are now in a state of collapsel No other expression that I can think of will impart a conception of tlie utter astonishment and dismay of the lately so jubilant constitutional Liberals . I fanev thev expected from the Prince more than he
could perform . If , however , he had the wish to encourage a liberal system of government , which most probably , judging by his antecedents , he has not , yet it would be a difficult thing to overthrow by a dash of his pen that system of police-rule , called by custom Government , which has always existed in Prussia , and is thoroughly interwoven with its social life . The measures taken against the German Catholics may be regarded as a sign that the old element of the Prussian monarchy is to-day just what it has ever been . The Prussians under the present Government will not be one whit less in bondage than they were under the late Ministry . Tlie Prince is loth to octroyer , and the people loth to " move ; any change must come from
abroadthey will have it so ' . On the 10 th inst ., M . Flottwell , who seems to have a weakness for writing edicts or ordinances , published one in which he called upon the country magistrates and other officials to check , as much as lay in their power , " extreme or exclusive political tendencies , " alluding to the exertions of the Kreuz Zeitungs party . But to show himself quite impartial , on the 17 th another edict was issued , in which the steps recommended against the Democratic candidates were equal to a prohibition to vote for them .
A good deal of surprise has been excited by certain " instructions" addressed by a Landrath von Brandt , at Lyck , to the superintendent of police nnd the gendarmes , in which he declares — "It must be your task by all legal means—and these are manifold—rto bring your -whole influence to bear upon the electors in such a manner that none but Conservatives ( not in the English sense ) bo returned . " This affords an idea how M \ Flottwell ' a edicts are obeyed , and how ready the officials are to obey . Yesterday was the election day for the representatives . Tho largo towns , as usual , have returned mostly Liberals ; Berlin all Liberals , as it ever does .
Thoso'callcd Democratic—tl » at is , very liberal—party have declined offering any candidates . They have boon induced to take this resolution by tho cry which has boon raised in reactionary cirelos to alarm tho shopkeepera nn <\ doalors . They have thus closed tho mouth of tho Feudalists— -there will be no democrats at all in the Diet , and tho shopkeepers , and tho aristocrats need not foar a recurrence of tho scenes of 1848 . Thoro aro bad reports as to tho stato of trndp in ilifforont parts of Austria . A great number of factories aro closed , more especially in Gurinthia , and tho workmeif emigrating by thousands .
¦ I ¦¦¦ — l-l | ,, u I || n , II I , , , i GERMANY . ( From our own Correspondent . ' ) November 24 . I D . vniB say your readers aro beginning to think that Germany means Prussia , for this country Una been , tho subject of all discussion those months past , and inweed , for tho time , Prussia is Germany , and Germany Prussia . Ejcoopt Austria , tho other countries of tho Uerjnanlq Confederation offer rarely anything of farreaching interest , and just now they appear all ftgape , Jilting for tho results of tho elections in Prussia and tho nwoting of the Landtag . Official documents issued by
Tho following announcement is making tho round of tho Gorman journals : — " Director L'Arronge has enterod into an arrangement with tho troupe of Sadler's Wolls Thoatro in London , according to which tho said company ¦ will appear among ua next March , and give representations in all the chief towns . The manager of tho company ia Mr , Samuel PUclps , who is considered to be at present tho best actor of Shnkspearoan characters in England , and who has continually striven to maintain the genius of Suakspoaro . Ilia greatest rival in tho same Hold Is Mr , Charles Koun . As to tho merits of those two artists , pub Ho opinion in England la divided . ' '
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No . 4 B 3 , November 27 . 1858 . 1 THEJ ^ AMB . 1298
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Lkadkr Office , Friday Night , November 26 th . FRANCE . A letter from Paris says : — " At the conclusion of th Montalembert trial , it was a moot point at the Palai de Justice whether it would be more advisable to appea against the sentence , to the Court of Appeal , or to carr the case at once before the Court of Cassation to havi it quaslied for irregularity , apparent upon the face o judgment . The present intention of M . de Montalem bert ' s advisers is to resort to the Court of Appeal . " It is rumoured to-day in the " ante-chambers" o which Mi de Montalembert speaks , that a ll the foreigi journals , English , Belgian , German , Italian , &c , whicl give any report of the proceedings of his trial will b < seized and confiscated in the French Post-office . M . C . Brainne , a writer in the JPresse , who has beer distinguished for his enthusiastic loyalty to the Emperor was lately sentenced by a court of justice to thre < months' imprisonment and a fine of 300 fr . for a libe ] upon a receiver-general in the . Maine-et-Loire . He has just received a free pardon from the Emperor . The Paris correspondent of the Globe says ; that a fresh number of Le Correspondant is about to issue , with another article from the pen . of Montalembert . The topic selected by the eloquent writer is apparently nonpolitical , being " about " the monks of the Western Church , " but inuendo is a powerful weapon . The ex-Minister , Comte deFalloux , is about adding to this issue another article , which from its freedom in speaking of absolute governments will probably bring down a prosecution on him also .
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Leader (1850-1860), Nov. 27, 1858, page 1293, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2270/page/21/
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