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Papers relating to the Arrest and Extradition of

Count Téleki.

No. 1.

Mr. Murray to Lord J. Russell.-(Received December 31.)

(Extract.)

Dresden, December 28, 1860. I LEARNT two days ago that, at Count Téleki's request, the Baron de Beust had paid him a visit after his arrest. His Excellency, on that occasion, explained to the Count that, under an extradition clause in the Treaty existing between the two countries, the Saxon Government had no choice but to surrender him on the demand of Austria, and that he, the Count, knowing the relation in which he stood towards his own Government, had certainly been guilty of great imprudence in coming here under an English passport, and remaining here several weeks in constant intercourse with Hungarian refugees, thereby giving the Austrian Government ample time to identify him and make their demand for his surrender.

The Count appearing apprehensive that his life would be in danger in the hands of the Austrians, M. de Beust told him that, although he himself could not give him any official assurance, or in any manner influence the conduct of the Austrian Government towards him, still he had no hesitation in giving his private opinion that the Count's life was in no danger whatever, but that he must probably make up his mind to the loss of his liberty during the continuance of those disturbances in Hungary which Kossuth and others, with whom the Count had been intimately connected, were fostering, with so much activity.

M. de Beust informed me that he had written, unofficially, to Vienna (I presume to Count Rechberg), expressing a hope that the Austrian Government would act as leniently towards Count Téleki as might be consistent with its own security

No. 2.

Lord J. Russell to Mr. Murray.

Sir,

Foreign Office, January 2, 1861. I HAVE received your despatch of the 28th ultimo upon the subject of the surrender of Count Ladislaus Téleki, by the Saxon Government, to the Austrian authorities; and I have to instruct you to ask Baron Beust if he has any objection to communicate to Her Majesty's Government a copy of the Extradition Treaty between Saxony and Austria under the provisions of which his Excellency states that the Count has been delivered up.

I am, &c. (Signed) J. RUSSELL,

[97]

B 2

No. 3.

Mr. Murray to Lord J. Russell.—(Received January 7.)

My Lord,

Dresden, January 4, 1861. I HAVE the honour to inclose, for your Lordship’s information, translation of an article that appeared in this day's “ Dresden Journal,” on the subject of the arrest and extradition of Count Ladislaus Téleki. The subject has lost its interest now, as the Count has since been pardoned and set free by the Emperor of Austria ; but if this article is to be considered as offering even a semi-official exposé of the views and conduct of the Saxon Government respeciing the matter, it certainly is calculated to damage rather than to raise them in public opinion.

For although the Saxon Government might, under an extradition clause in a Treaty, have been compelled to give up an Austrian subject amenable to the laws of that country, so soon as the Austrian Government should have ascertained the identity of the person accused, there could be no clause in the Treaty, nor any obligation, moral or political, requiring the Saxon Government to act through its police agents as spies on, and detectors of, the Hungarian refugee, and yet such is the part which the accompanying article represents it to have played.

The affair of Count Ladislaus Téleki having terminated so satisfactorily, it seems exceedingly unwise on the part of the organs or advocates of this Government to recall attention to that portion of the drama which placed Saxony before the world in a position most disagreeable, if not humiliating.

I have, &c. (Signed) CH. A. MURRAY.

Inclosure in No. 3.

Extract from the Dresdener Journalof January 3, 1861.

(Translation.)

WE yesterday received from Vienna intelligence of the pardon of Count Téleki. Since we communicate below an article from the “Wiener Zeitung" relating to this affair, we shall make a few preliminary remarks on the course which this matter has taken, seeing that certain foreign journals are continually exerting themselves to represent the conduct of the Saxon Government, in the delivering up of Count Téleki, and in his arrest, as odious, or at least hasty; or even to make it appear that it was done in order to place Austria, without necessity, in an embarrassing situation.

A communication had been made on the 27th November to the Saxon Government by the Austrian police, that, according to reliable information, , Count Ladislaus Téleki was about to repair to Dresden, and there meet a Hungarian lady, who was described as belonging to the Extreme party in that country. To this communication instructions were added to watch Count Téleki, and as far as possible to keep him under surveillance during his residence in Dresden ; above all things, however, instantly to transmit to the Austrian Government intelligence of his arrival. The necessary investigations were accordingly made by the Saxon police, and as soon as it appeared clear that a stranger, who had been residing here for some weeks under the name of John Harold, and had held frequent intercourse with the above-mentioned lady, was Count Téleki, the information was transmitted through a diplomatic channel to the Austrian Government. The latter immediately considered the proof of this fact to be of great importance; and as, on the 17th December, the identity of the pseudo John Harold with Count Ladislaus Téleki was satisfactorily established, the Count was provisionally arrested, and intelligence of the same was at once given to the Austrian Mission here ; upon which the latter, on the same day, the 17th December, appealing to the Extradition Treaty of the year 1854, existing between the two States, and observing that the Imperial Court of Justice in Vienna was the authority requiring the same, demanded the delivery of Count Téleki, who was judicially under prosecution by Austria.

3

The Saxon Government, however, was of opinion that it ought not at once to comply with these instructions which had been transmitted through a diplomatic channel, but demanded rather that a formal requisition should, first of all, be made by the Austrian Government to the Saxon Police, in whose custody Téleki was, before the extradition could be agreed to. This requisition of the Austrian Government was made, and the extradition of the Count was not until then complied with, which took place on the 21st December.

No. 4.

Mr. Murray to Lord J. Russell.-(Received January 7.)

My Lord,

Dresden, January 5, 1861. I HAVE the honour to inclose, for your Lordship’s information, translation oí a despatch addressed by Count Rechberg to Baron Werner, Austrian Minister at this Court, on the subject of the arrestation and subsequent liberation of Count Ladislaus Téleki, published in the “Dresden Journal” of yesterday.

I have, &c. (Signed) CH, A. MURRAY.

Inclosure in No. 4.

Count Rechberg to Baron Werner.
(Translation.)
Most Noble Baron,

Ticana, January 1, 1861.
I HAVE already informed your Excellency, by means of the telegraph,
that Count Ladislaus Téleki, who had been arrested at Dresden, and given up
to the Imperial tribunal, at the instance of the Viennese Court of Justice, has,
by command of His Majesty the Emperor, been released from custody.

His Majesty caused the Count to be examined in his presence, and the Count promised before the Monarch against whom he had been offending for upwards of ten years, to renounce all hostile intrigues with foreigners, to take up his abode within the Empire, and in the meantime to avoid taking any part in politics. His Majesty was then pleased, according to his supreme power, to put a stop to all further judicial proceedings against him.

The Imperial Government, when informed that Count Téleki was residing in Dresden with an English passport made out under the name of John Harold, would have considered itself open to the reproach of reprehensible weakness had it not remembered that a Treaty exists between Austria and the Confederated States of Germany respecting the extradition of political offenders. It was also too conscious of the firm and unalterable sense of justice of His Majesty the King of Saxony and of the Royal Government not to be convinced that the Government of Saxony would never, from dread of the attacks of excited party Zeal, fail to fulfil an obligation confirmed by a Treaty. On the other hand, however, it was well aware that the Saxon Government would consider its duty to be rendered the easier by the conviction that the fate of the fugitive detained at Dresden would but furnish fresh testimony of the clemency and magnanimity of our noble Monarch.

Our high opinion of the conscientiousness of the Saxon Government has not been belied. On my side, however, I experience the most supreme satisfaction in requesting your Excellency to communicate this despatch to Baron de Beust, who has known how to combine with his duty as a Statesman such a noble and humane interest in the fate of the individual in question.

Accept, &c. (Signed) RECHBERG.

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No. 5.

Mr. Murray to Lord J. Russell.—(Received January 21.)

My Lord,

Dresden, January 18, 1861. I HAVE the honour to inclose herewith, for your Lordship’s information, a translation of the Extradition Treaties on which the Saxon Government acted in delivering up Count Téleki to Austria.

I have, &c. (Signed) CH. A. MURRAY.

Inclosure in No. 5.

Decrees of the Saxon Government respecting the Extradition of Political

Criminals. (Translation.) With a view to make knowń the Resolution of the Confederation with respect

to the Punishment of Transgressions against the German Confederation, and the Extradition of Political Criminals within the territory of the German Confederation, of October 15, 1836.

We, Frederic Augustus, by the grace of God, King of Saxony, &c., &c., &c., hereby make known that a Resolution to the following effect, with respect to the punishment of transgressions against the German Confederation and the extradition of political criminals within their territory, was passed in the full assembly of the Confederation, August 18, 1836:

Article 1. Every attempt against the existence, the integrity, the safety, or the constitution of the German Confederation, is to be tried and punished in the several Confederated States according to the laws at present existing in them, or according to the laws by which a similar crime committed against a separate Confederate State would be condemned as high treason, treason against the country, &c.

Article 2. The Confederated States mutually engage to deliver up to the injured or threatened State any individuals convicted of any attempt hostile to the Sovereign, or to the existence, integrity, constitution, or safety of another Confederated State, or of a conspiracy with a view to such attempt, or of participation in such a conspiracy, or of favouring such; with this proviso, that such individual is neither a subject of the State applied to for his extradition, nor already liable to trial or punishment for other crimes with which he may be charged.

Should the attempt of which the individual is convicted be directed against several Confederated States, the extradition must be made to that State which first makes the application for it.

In ordering, according to the 89th Article of the archives of the Constitution, the publication of the above Resolution of the Confederation, we ordain, at the same time, that in the instances mentioned in Article 2, the provisions of the law concerning the higher Courts of Judicature, and the course of proceedings in matters of justice, dated January 28, 1835, section 10, shall in future be followed.

According to custom we have executed this Decree with our own hands, and caused the Royal Seal to be affixed to it. Dresden, October 15, 1836.

(Signed) FREDERIC AUGUSTUS. (Signed) JULIUS T. J. von KÆNNERITZ.

Decree respecting the publication of the Resolution of the Confederation relating

to the Extradition of Criminals in the territory of the German Confederation, dated February 27, 1854.

We, Frederic Augustus, by the grace of God King of Saxony, &c., &c., &c., hereby make known that a Resolution to the following cffect respecting the

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