18 NOVEMBER 1848, Page 1

As military occupant of Vienna under martial law, Prince Windischgriitz

has been executing " justice " on leaders of the late revolt, in a manner more accordant with established usages in such cases than conducive to the restoration of peace and con- fidence. The shooting of Messenhauser, the brave commander of the National Guard, was a questionable step ; but the shooting of Blum is unequivocally impolitic. To inflict a military sentence On a member of the Imperial Legislature at Frankfort, a man not fairly within Viennese jurisdiction, however justified by technicalities, raises inopportune questions of privilege. It also cairls to defeat the very object of severe measures. In deal- ing summarily with rebels, it is conformable to policy as well as justice to preserve a distinction between offenders of

the military and of the civil order. The soldier's trade is death, and to enforce discipline by the penalty of death 15 therefore less objectionable in his case than it is in that of the civilian. The revolt of the soldier, too, is in many respects yorse for constituted authority than that of the civilian : the army 18 the instrument of the last resort by which constituted authority supports itself ; in the soldier, the crime of revolt is aggravated by the military crime of mutiny ; his adhesion to revolt supplies the most formidable kind of aid for the rebels : it is therefore desirable to make the soldier feel that in revolt he is committing a more flagrant crime than the civilian, incurring a graver responsibility, braving a more certain fate. But such distinctions are voided if military punishment is inflicted on civilians. Blum ought to have been kept in custody and handed over to the proper tribunal at Frankfort. The error in policy speaks ill for the wisdom of the Imperial councils at Ohniitz. The German Princes seem resolved not to regain their power without an European war., Austria in particular seems resolved not to let those who used to tremble at the name of Spielberg suppose that the nature of Aus- trian domination is altered. "The Republican Government of France showed mercy to the political prisoners in its hands—has spared from death even its unyielding antagonists in battle. The Monarchical Government of Austria no sooner regains, for a time' a little of its power, than it again resorts to the cruel con- duct which has made it not only feared but hated.