Blackwood's Edinburgh Magazine, Vol. 66, No 409, November 1849Various
History
Blackwood's Edinburgh Magazine, Vol. 66, No 409, November 1849
Various
England -- Periodicals; Scotland -- Periodicals
breach of the law, be mistaken, even by the most ignorant, for an act
of hurried vengeance. We may perhaps have no right to object to the
measure of the punishment. We cannot know what charges were brought,
or even substantiated against the unfortunate Hungarian leaders of
Arad. We are quite unaware what disclosures may have been laid before
the Austrian government as to the participation of Count Bathyany in
Kossuth's republican schemes. One and all of them may have been guilty
in the worst degree; one and all of them may have deserved to die;
and it is even possible that circumstances may have rendered such a
terrible example necessary, for the future preservation of order; but
the manner in which the punishment has been dealt, is, we think, wholly
indefensible. It is no answer to say, that the administration of the
laws of Austria is different from that of our own, and that we are
not entitled to apply the measure of a foreign standard. No point of
legal technicality, or even consuetude is involved; there is but one
law which, whatever be its extrinsic form, ought to regulate such a
proceeding as this--a law which, we trust, is acknowledged in Austria
as well as in Britain--the law of justice and humanity. The most
suspected criminal, when arraigned before secret and biassed judges,
loses, in the estimation of the public, half his imputed criminality.
He has not had a fair trial; and, if condemned, it is possible that
his execution may be considered rather as a case of martyrdom, than as
one of righteous punishment. A court-martial never is a satisfactory
tribunal; least of all can it be satisfactory when the object of its
inquiry arises from a civil war. The judges have seen too much of
the actual misery and ruin which has occurred to be impartial. That
propensity to vengeance, from which it can hardly be said that even the
noblest nature is altogether exempt, so nearly akin is it to righteous
indignation, is at such times unnaturally excited. The fiery zeal,
which shows so graceful in the soldier, is utterly unsuited to the
ermine; and when the ermine is thrown, as in this instance, above the
soldier's uniform, there can be very little doubt that ancient habit
and inflamed passion will supersede judicial deliberation. By acting
thus, we conscientiously believe that Austria has inflicted a serious
injury on herself. She has given to those who are her enemies a heavy
cause of argument and reproach against those who are her well-wishers;
and the immediate and not unnatural result will be an increased amount
of sympathy for the political fugitives, and a great disinclination to
canvass their true motives and their characters. Francis Joseph at the
outset of his reign will be stigmatised--most unjustly, indeed, for the
fault lies not with him--as a relentless tyrant, and all who escape
from tyranny are sure of popular though indiscriminate compassion.
Public-domain text, read in full here on John Shaqi.
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