The Express. — London, England, 1861-11-05 00:00:00

putis FIRST CLASS and LONDON PRIZE MLIOAL.4. WATIIMISTON siol BROOM. ouumernt4 sod JIWILIJUUL tbaraßAlN7. Berwue-aregt. wvestasa. Umiak x.B ataurkomst door sr la Ms ovals& sal es Ilallereips at I iciest. EA -D I-V I E.— Th is Pure PALS BRAND?, lee pet m ike. I desseeeteeee4 always* to be p•- tigllarlp for trews teidlty, aad wen eNtt to recent impale- Yuba t. 4 C.w.0... Is !Verb bottire. Stift p• r 41.1. . la a cars Jir tbe c.eintry. se. bailees cooks, paid. So A g eolb sad to latt obtaleed ..al t .4 11[X al' MOT sad t'u.. Old Yurelvars Mikity, Nabors. rt. MrARMONII:I3IB.-NEW MODIL. tAAMICA. BEALL sad WWI). al, Itegasiatrissl the •xpreUU. /kg/piIFON DLNTS. lONIIMMIn lea r dledl be "TM - 1171WW" Leedom Swag boa =MN all Or lig dpalilsallsa. Ma% 111. liesvesto-fisseli. tog Ti. staileefils itaymmzvx. Tine MTIMMIS. IICIIUVV . M7s . ses. t lOQ4. Dolman, awl W. nem : Ws. C. Toms and Maw !karmic —LLN It ME VIiI SHILLIXOS. Yr. linelstwar. And TUL HAITILaT DAY US NY LlllL—eumairso WT. MURCIR , M. Tun Evanso,JVANNIRTIrd 3 . 455D1 YO.—PLATING WITH FULL Main J. togas. Itpler. U. Wid•goomb. 0. Juntas Illben bal.. Aimee. t. Lealerty. mil Mn. WdsioiL—Aw.l RM. A.IIIuN •TA.I. LYClat Ttti Warwia. Lnve hralnet the W..rid. ‘l,v. W. Leo. *Whoa. H. Yen. 1 4 / 1 .14.13 Mrs. U. I'. Bowen. t MIAs hate ease*. MY AC NTS LIUSLIAN D.— t ...them at T. MRITAIf Y(A_ Trigs Errinori, TIIL LXOPAII.D.-The Tmnpe and LOW?. Prrlaniumbe•.- TH LIE% 11. IN al3. %In atIJ Mi.s. L Ibilieft.--61 V YAM 100.—/Lod Dt.pl.k) o 1 t ir.N..rks. —Comm@ al baltpast _llloll_WAyilt AT 01D01 WOOL ....._ .______ ____ ______ Till DAT —Manila& 31k. Ski-- Affaivash. 36 43m. To4tessow —Mambo, 46 Tia.... Afteress6 Ilk. POra. --- LONDON, TUNBDAY, NOV. b. TO OUR READER& SPORTING INTILLIGIINCR. A late edition of the Express is published *very evening during the racing sessou, containing the results of the day's races. THE correspondence between Lord LYoNa and 31r. New %M., respecting the arrest of two British subjects—Mr. PATRII'K and Mr. RAHMlNO— deserves a careful perusal. The position which the Federal Government occupies is so novel, and the cireumatances of that position are so irri tating, that, it must be admitted, they are rather disposed to adopt a somewhat bitter tone in their official correspondence. On the other hand, it is only fair to observe that very many of our own subjects trading with America are closely connected with the Confederates in the South, and feel considerable impatience under the loss and in convenience which the civil war has brought upon them. It is, therefore, by no means likely that their remonstrances to the British Minister should be wanting in vigour. Some asperity and hasty judgments are pardonable between those im mediately concerned in a discussion, but it is surely not too much to expect that public writers in this country should carefully inform themselves of the law and the facts before condemning either the tone or the substance of the American stale papers. It is to be regretted, therefore, that at least one of our weekly contemporaries, who makes some claim to infallibility, should have dis played a want of temper and of legal knowledge on the subject-matter of the correspondence in question. It is admitted by Mr. SWARD that both Mr. PATRICK and Mr. Ranmuta were arrested and trans ferred to a military prison, and that in the present crisis the military authorities refuse to pay any attention to the writ of habeas corpus. Under ordinary circumstances, of course, the lega lity of the imprisonment might have been dis cussed on the return made to the writ in question. Both gentlemen have been released, but it seems that the English law officers upon being con sulted declared the arrests to be illegal ; and the British Government therefore directed Lord Lyons to remonstrate against irregular proceedings, and . . "to say that, in their opiluon, ° the authority of "Congress is necessary in order to justify the arhi " trary arrest and imprisonment of British sub " jecta." To this remonstrance Mr. BZWARD replies by stating that Mr. PATRICK was a member of a firm in which one of the partners was disloyal, and that treasonable correspon dence pared through the mercantile hones in question. Upon this Mr. PATRICK was arrested ; but as soon as it was ascertained that he was per• eonally loyal he was released. As to Mr. Raining, the Government at Washington was informed that whilst at Nommen he had attempted to induce the owners of a vessel there to take cannon to the coast of South Carolina, in order to aid the rebels. Mr. Kamm() was therefore arrested ; but in about a fortnight he also was released, upon giving a bond that he would bear true allegiance to the United States, and do no hostile act whilst nadir their protection. No despatch in reply to this representation of Mr. SEW A 1$ has been published. Auuraing, therefore, for the present, that Mr. Szw•au has correctly stated the facts, it is clear that in both cues grave suspicions naturally attached both to Mr. PATRICK and to Mr. RA /MIND, and if the writ of habeas corpus was legally suspended it is act to be doubted that the Secretary of State exercised a proper discretion by directing this arrest. But it is said that, according to the opinion of the English law officers, the PREAIDENT has DO right to suspend the writ of habeas corpus, and therefore the arrests were not justifiable. On the other hand, the American Secretary of State declares that "the PaZaIDILDT of the United States "is by the Constitution and laws invested with " the whole executive power of the government, " and charged with the supreme direction of all " municipal or ministerial civil agents, as " well as of the whole land and civil " forces of the Union ; and that, in " vested with their ample powers, he is charged " by the Constitution and the laws with the &boo " lute duty of suppressing insurrection, as well as " preventing and repelling invasion ; and that for " these purposes be constitutionally exercises the " right of suspending the writ of habeas corpus " whenever and wheresoever and in whatever " extent the public safety, endangered by treason " or invasion in arms, in his judgment requires." Such, according to Mr. 81rIt•HD--11111d, as he asys, the highest authorities in America—is the extent of power vested in the Parolees; and that opinion the American Clovernment is prepared to act upon ; nor is it surprising that the PIiIIIDIXT and his Cabinet should decline to accept any English explanation of the American Constitution, especially when such explanation would deprive him of one of the most powerful means of sup pressing the insurrection. But even if the interpretation thus put by Mr. Bswaan upon the American Constitution were clearly wrong—which is far from being the case— it is e.alent that, before the British Government can 1%3 called upon to interfere, persons in the position of Mr. l'arairs and Mr. RAHXLNU ought THE EXPRESS, TUESDAY EVENING, NOVEMBER 6, 1861. to pursue such remedies as they already possess. It is a cardinal principle in international law, that the action of the Government ought nut to be in voked until all other remedies have failed. Now it is clear that if the PeLstunter has illegally sus pended the writ of habeas corpus, an action might be maintained against all those who have acted in obedience to his illegal order. Nor is it necessary to (biota& whether this conclu sion would be different if the tribunals were all closed, and there were no means of trying such a question ; for this is certainly not the state of things in America. It is, no doubt, quite true that if a judgment manifestly unjust is given in the Prise Courts, there is good ground for making reprisals upon the nation within whose territory the judgment was delivered. No doubt, also, if a British subject, in violation of international law, were seized on the high seas, as occurred in the case of the Cagliari, the Government of the party wronged ought to interfere. But in both these cases the offending Government is dealing with persons who are beyond its jurisdic tion ; it is, in fact, attempting an usur pation. When prize courts deliver an unjust judgment, they affect the interests of foreigners and neutrals who have not submitted themselves to the jurisdiction, but whose vessels have been forced into the court. When a British subject is unjustly seized on the high seas, the person who makes the seizure is committing the same offence as if he seized a British subject within British territory. But those British citizens who for their pleasure or convenience enter the territory of the United States thereby submit themselves to the government and laws of the United States. Such British subjects are entitled to all the protection which the laws and the tribunals of America afford. Nor at the present moment is it alleged that the British subjects are treated in a way different from any other citizen. The PRESIDENT, by sus pending the Habeas Corpus Act, may or may not have exceeded the powers conferred upon hint by the Constitution. So long as the tribunals are open by which the question can be tried there is no ground of complaint ; but even if the tribunals were closed, it is not to be supposed that the Par- SIDENT and his Cabinet should alter their opinion as to the meaning of the American Constitution, even to the extent of relieving certain foreigners, because some foreign lawyers differ from those who have advised him as Chief of the Republic. It is of course extremely convenient and desirable that the British Minister should use his good offices with the American Secretary of State in favour of British subjects placed in such a situa tion as that in which Mr. PATRICK and Mr. RAHMINO found themselves; but it is neither discreet nor considerate to bring forward the opinion of an English lawyer upon the American Constitution against the opinion of the PRESIDLKT himself, in order to induce him to restore a British subject to liberty. NEARLY two years ago the scientific world was startled with the announcement that the Trustees of the British Museum had decided on severing in two the magnificent collections under their care, and on sending the whole of the Natural History departments to find a new home for themselves at South Kensington. Yesterday a contemporary, speaking as one who has authority, informed us that Government had finally decided on carrying out the Trustees' recommendation. The delay, however, has been, for once, not attributable to mere red•tapeism at the Treasury. The general public, as well as the republic of science, had in the meantime taken alarm at the proposition. Par liament had interposed, and in 1860 it ap pointed a committee to consider of the propriety of the scheme. Before this committee the fullest evidence on both sides was adduced. The Trustees were represented on it ; the heads of the Museum were examined before it. After a most patient investigation it reported that the demand for more space in the Museum was indeed overwhelming, but that no sufficient case bad been made out for the acquisition of that space at South Kensington rather than in Bloomsbury. It showed that suffi cient land for the most ample demands of the keepers of the several collections could be had in immediate proximity to the Museum. Of the comparative advantages of adding to the existing building, or of erecting a new one at four miles' distance, it declared there could be no doubt. Obviously the convenience of all who had hitherto used the Museum would be best consulted by its being retained on its accustomed site, and the only argument brought in support of removal was the somewhat prepos terous suggestion that it would prevent the jea lousy between the heads of department', respect ing the amount of space allotted to each. Leaving out of view this element, the question then be- came one of comparative cost. Land in Blooms bury was estimated at 50,0001. per acre ; it was offered at Kensington, by the Royal Com missioners, for 10,0001. per acre. But the cost 'of the land was but a small fraction of the cost of the buildings to be erected on it, and this would be equal on either site. Moreover, the removal would involve certain compensatory out lays. There would be required a wholly dis tinct body of officers, from the head of the Museum down to the night watchmen. There would be wanted a distinct scientific library to be appended to the scientific collection, over and above the scientific wor'zs remaining in the Museum library. The purchase of this was set down at 30,0001., and there would be needed a further annual outlay for its maintenance, for a staff of librarians, and for provisions for its in crease. On the whole, the committee decided that the saving to be effected by removal would not be so great as to balance the inconveniences and loss accruing from it. But this decision the Government proposes to set aside. It has re solved, we hear, to adopt the scheme of the Trustees, although that scheme was carried °Toy by a majority of 9to Bof the Trustees ; and in defe rence to this authority we are to have two British Museums instead of one. Fortunately, on this question even the Ministry is not paramount. It is still needful that the House of Commons shall vote the money, and we may hope that in this instance grievances shall, according to the constitutional maxim, precede supply. The grievance here, indeed, is of a some what anomalous nature. The partisans of removal acknowledge that they have not an argument to urge except that of economy. The Natural His tory collections, the stuffed beasts and birds, the fossils, the minerals, the dried plants, are entirely unaffected by the theory that the smoke and dust of London are injurious to works of art. Whatever the worth of this dubious theory may be, it applies only to the collec tions which it is proposed to leave in London—the books, the prints, the sculptures, the paintings. But in abandoning theories of art and of science, and in resting their case on points of comparative economy, the South Kensington party of necessity submit themselves to the confessed jurisdiction of the House of Commons. It rests ' with that body alone to say whether what is asked of it is too costly to be granted. And when a committee of that body has reported that what is required for the ample enlargement of the exist ing structure is not only not too expensive, but is, on a view of the comparative advantages of the result, absolutely better worth the money than the rival scheme, we must say that Government adopts a somewhat peculiar coarse when it gives its adhesion to the least satisfactory proposal, solely, or at least avowedly, on the ground that it is the cheapest. In truth, in such a matter as this Government is no more than • tax collector for the House of Commons ; and human nature is naturally sus picious when a tax collector offers to let you off for less than you know is due. We shall await, with a curiosity which surely is pardonable, the further development of the little game in which our con temporary has just played the first card. There is, as all the world knows, an enormous building rising up on the land at South Kensington which a year ago was offered to the British Museum. This building is in part iron and temporary, in part brick and permanent, but its professed purpose is only of six months' duration. Is this brick building, of which the construction is so solid and the design so hideous that most people have believed that it was the inevitable destiny of our National Gallery, going to be offered to us at a merely nominal price, for the reception of a moiety of our National Museum? If such be the generous intention we shall of course reserve our opinion till the precise terms on which the benefaction is to be bestowed are an nounced. But if it is expected that the nation shall in this indirect way become an actual con tributor to the expense of an exhibition which has been set a-going under sufficiently exalted patron age, but without any sanction of the House of Commons, we must only insist that our representatives shall judge of the case, with which they are alone concerned, without import ing into it considerations of sympathy for the pecuniary position of Royal Commissions. We must beg them, in dealing with the wants of the British Museum, to have regard. to the interests of the public, and of the men of science by whom that Museum is used, rather than to those of an illustrious association which has land and brick work to sell. We know what is the cost of erect ing buildings equal to the fullest requirements of science for thirty years to come, for on such data are the estimates of Professor Owsx and his coadjutors framed, in the immediate neighbourhood of the localities which have hitherto been found most convenient for the purpose ; and the Com mittee of the House of Commons has decided, with full assent of the public, that, since in any case we must spend more than half a million in building, it is not worth our while to seek a worse site for • possible saving of • fifth part of that amount. Much better terms must be offered us ero we shall think them worthy of a fresh consideration. Nor shall we be easily led away by any difficulties as to what we may have to do when the thirty years are come and gone, and we again want room. Who shall say that then South Kensington may not have sunk to the level of Bloomsbury? Who shall assure us that the great art-patron of that day may not fix upon Hornsey, or Clapham, or Deptford as the place where, upon true and immutable principles, our collections ought to be lodged ? At least, if we must then move our objects of natural history, we shall have the satisfaction of knowing that they are going to the right place, and we may be sure that the buildings which they vacate will not be more than will be required to meet the growth of our library, of our antiquities, and of our galleries of art. But for the present generation, which, after all, is that whose wants most concern us, it is very clear that Bloomsbury is preferable to Keating. ton, and it will need more potent arguments than have yet been offered to persuade the House of Commons to abandon that conviction, and to sacrifice efficiency to a temporary and doubtful economy. Cbe Court. WINDSOR CASTLE, Nov. 4. • The Queen drove out this morning in a carriage and four, attended by the Lady In Waiting and Lieutenant• Colonel Kingscote. The Prince Consort went to the Wellington Collage, attended by Colonel the Hon. A. Harding*. Prince Leopold, attended by General Sir Edward Bowater sad Dr. Gunther, left Windsor Castle early in the morning for Folkestone, to embark for the Continent. Prince Arthur. attended by Major Elphinstone, R.E., accompanied Prince Leopold to Folkestone, and *returned in the anteing to Oastle. Prisons Alice, Princess Helena, and Princess Louise rode in the riding•Eoaae. The Prince of Hobanlobe rode out on horseback attended by Major General 863 mour. Sari and Countess Unroll left Pembroke•lodge, Rich. nsoad•pirk, yesterday, for }headlands, Hants, on a visit to Viscount and Vierounkas Palmerston. Her Majarty's Commissioners for the International Ex. hilition of 1862 have received an intimation that the Pre sident of the United States of America has appointed the following gentlemen commissioners to arrange the proper re presentation of that nation at the forthcoming Exhibition : Hoe. William H. Seward, Secretary of State ; Has. Caleb B. Smith, Secretary of the Interior; Hon. Edward Everett, of Ilamachusetts ; Professor Joseph Henry, Sacra buy of the Smithsosiaa Mutilation ; Robert Bellinturn Esq., of New York ; John H. Klippart, Eq., of Ohio; G• Dawson Coleman, Eq., of Pennsylvania ; denies R. Par tridge, Esq., of Maryland ; B. P. Johnson, Eq., of New York ; Richard Wallach, Eq., Mayor of WashingMe ; Joseph C. G. Kennedy, req., Superintendent of the Ceres ; William W. Seaton, Faq., of Washington ; and Vi Whitney, Esq., of Conneetiont. A deputation from the Radford Board of Guardian, con aiding of Mr. W. Page (chairman), Mr. Thackeray, and Mr. Wilson (clerk), had an interview yesterday with the Right Hon. C. P. Villiers, at the *lke of the Poor-law Board, Whitehall. Deopokibm wore mot yesterday from the Colonial-office to the Gomm& d Malta. DMUS/VAS Of PRINCI LIOPOLD 101 7111 CON -11111317.—8001.0011, YONDA7.—The Royal and Imperial mail packet John Penn arrived here to-day with his Royal Highness Prince Leopold, en resale to Canna. The youthful prince arrived at Folkston by special train at 11.36. His Royal If %ham was accompanied to Folkston by his brother, Prince Arthur, attended by Major Elphinstene, who landed after embarkation. Sir Edward and Lady Bo water, and Miss Bowater and Dr. Gunther, were in the suite of Prince Leopold. The Prince will sleep at Bon. logo to-night, and will leave to-morrow morning for Caen's. The John Pena started 29 minutes after the Booth-Eastern tiJal boat, and arrived at Boulogne three minutes after her. Captain Boxer, the harbour-master at Folkston*, received the royal party. and superintended the embarkation. Captain Smithett attended his Royal Fligh tier ou the passage to this place. Lady Macdonald has left Farrows's Hotel on a Aft to Lord and Lady A. Paget, at their seat in Suffolk. Lord and lady Worley have arrived in Port man-square from the Cootioent. Lady Molesworth has arrived in Paris from a tour in the south of Fresco. The Lord Chief Baron, as President of the Photographic Society, will preside at the dirt meeting after the recces to be held at King's College this evening. On inquiry at the town resi.lenco of Lord Lana dowse yesterday it was ascertained that his lordship impre gnating favourably. Lord Monck, the newly-appointed Governor- Geweral of Canada, arrived at Quebec on the 220 d ult., in the North Briton. LATEST INTELLIGENCE. ITALY. Garibaldi has been elected Gs and Master of the Italian Freemasons. BOLOGNA. We read in the Corriere del ['Emilia, of the lat, : " Yesterday were celebrated the solemn funeral obsequies of the two employ4s, MM. Graseelli and Fumagalli, the victims of an infamous assassin. All the authorities were present at this mournful ceremony, and the procession that accompanied the remains to the church about 5 o'clock p.m. was truly imposing. It consisted of our deputies, the intendant, the provincial and commercial council, the magistrates, the police employ gs, and an immense crowd of people, including several persons of dis tinction." EXPRESS FROM PARIS. (nox OUR OWN CO, PARIS, MONDAY Evuiio. The Moniteur is silent upon the important sub ject of the French occupation of the Valley of Dappes. The Opinion Nationale says, as latest news, that "the military occupation of the Valley of Dappes still continues. The French govern ment justifies itself by the claim made in 1815." If that be the title upon which France relies, it is quite plain that she has not a leg to stand upon, and that her present iutaaion of Switzerland is a highly reprehensible act of brute force committed by a strong power at the expense of a weak one. It is quite true that in a note, dated November 1.9, 1815, the plenipotentiaries who signed the Treaty of Vienna did express a strong opinion that the French claims to the possession of the Valley of Dappes were reasonable, and regretted that the Swiss plenipotentiary, not being authorised to consent, the recognition of those claims could not be embodied in the treaty. On the strength of this note France has from time to time urged her claims to this small slip of land, which she requires to complete her communication between the French fortress of Rommel' and the Pays de Gex. Negotiations on the subject, by the Restoration in 1828, by Louis Philippe's government in 1835, and by the present Emperor in 1858, resulted in uo arrangement. Switzerland has, in fact, main tained an adverse possession for forty-six years, and it is therefore too ridiculous to say that France is justified in 1801 in taking forcible possession of the country on the strength of the abortive expression of opinion of 1815. There is, however, an allegation that the territory was " neutralised" in 1848, and that as a matter of fact it was agreed that neither France nor Switzer land should exercise any jurisdiction in it. This is a matter for investigation. It would be a most extraordinary state of things if the Valley of Dappes, containing from 100 to 200 inhabitants, should be, in point of international law, a sot.; of no-man's-land to which criminals might resort for refuge with impunity. That seems now to be the contention of France, and she has taken the law into her own hands. The Bourse presents no striking feature. The market was dull. Route left off at Satur'day's price, 68fr. 20c. for account, and at 68fr. 15c., with a rise of 5c., for cash. Mobilier rose lir. 25c. The Italian Loan fell 30c. The Orleans Railway fell 51r., Eastern, 6fr. 25c., and most of the other lines from lfr. 25c. to 2fr. 50e. ; but Lyons rose Of r. 25c. AUSTRIA AND HUNGARY. The Oat Deutsche Poste publishes the following, relative to the resolutions taken with regard to Hungary in the Council of Ministers, held on the let, under the presidency of the Emperor : The practical enactment of the diploma of the 20th of October will remain invariably the bead and the object of all the efforts of the government. First of all, care will be taken to arrest anarchy, and create • good 1 , administration. The convocation of • new Diet will not be forgotten. The Tavernicus (Minister of Finance) will not be replaced. It is proposed to appoint as archduke to the dignity of Palatinate ; and it is supposed that the Archduke Rapier, who has paid so much attention to the Hungarian language and literature, will be selected for this post. The Prince Primate, who was to have left yesterday for Gran, has postponed his journey till to-morrow, in order to await the result of the grand conference of the ministers. This is the case also with Count Apponyi. The Cardinal Primate was received yesterday by the Emperor, in order that he might justify his letter to the Chancellor. As Count Forpch wee not present it is con cluded that the Primate met with • less severe reception than was at first thought probable. It is said that the Cardinal positively declared that the letter was published without his sanction. He will return to-morrow to Gran, sad continue to exercise his eocleciutical functions. He will be rieveil of his functions as supreme count, for which an administrator will be given to him. (mum% TIJ,EGRAMB.) BRESLAU, Nov. 6. The Bra/atter Zeituny of to-day announces that the Emperor of Austria will arrive here during the visit of the King of Prussia, which, it states, will take place on the 12th or 13th instant. VIENNA, Nov. 5. The Vienna papers of this morning contain the following announcement :—" The administration of Hungary will be delegated to a governor, in the person of Field-Marshal Lieutenant Count Palffy, whose authority will be subordinate to that of the Aulic Chancery. All the present Obergespauns will be superseded. The assemblies of the comitats are to be dissolved, and military tribunals estab lished throughout the country." SPAIN. MADRID, Nov. 4, EVECNO. An unimportant attempt at insurrection on the part of the republican party has been made at Medinacceli. The instigators of this attempt have been arrested. It was not necessary to nee military force. POLAND. THORN, Nov. 4. According to news from Warsaw, the governor has expressed a hope that a reconciliation may be brought about between the government and the people. It is expected that M. Dembowaki will be ap pointed Minister for Public Worship, M. Krusen stern Minister of the Interior, and M. Hub° Minister of Justice. BRESLAU, Nov. 4. The Brea lauer Zedung of to-day has news from Warsaw, according to which a despatch had arrived there from the Emperor summoning the Marquis Wielopolaki to St. Petersburg. It was generally expected that M. Wielopolski would return to Warsaw as Governor of Poland. BERLIN', Nov. 4. A despatch from St. Petersburg announces the return of the Emperor from the Crimes, and states that his Majesty had taken up his residence at Zarskoje Selo. ITALY. TURIN, Nov. 4. An expedition, composed of 400 Bourbonists, which was being organised at Malta, has been pre vented from proceeding by the arrest of the chief accomplices at Naples . At Salerno, some French engineers have fallen victims to the brigands. TURKEY. OONSTANTINOFLE, OCT. 30. (Via Messina). There is no truth in the reports which have been current here of • massacre of Christians in Pa lestine. The Governor of Jerusalem has ordered certain towns in Palestine to be militarily occupied, on account of the inhabitants not having paid the tares. GERMANY. DRESDEN, Nov. 4. The official Dresden journal of to-day declares the statement of the Neue Preuseische Zeilung, con cerning the project of Saxony for the reorganisation of the Federal Constitution, to be substantially incorrect. A despatch from Madrid aunounces that the King of Portugal, and some of the younger members of the royal family, ere suffering from tertian eve. " It is at Elm/mein," asye the Munite - ur Vinicole, " that the greatest quantity of beer is consumed ; at Stock holm the most brandy ; at Madrid the most chocolate ; at Paris the most abeinthe; at Constantinople the moat coffee; and at London the pretest quentity of strains wines." It has been lately in contemplation at Augsburg to remove the hospital sisters from the communal establish meet of that city. After three days' deliberation, the number of votes in the council pro and con. were equal, when the casting voice of the burgomaster decided the ques tion in favour of the sisters remaining. The Manintento of Turin says :—" The govern ment has placed the Washington, of the royal navy, at the disposal of General Tun, to imam him to °apron." " Venice," says the 3iecle r " appears likely to become the centre d reaction this winter. The Count de Cluandued, the Duchess de Berg, the ex-Dukee of Tuscany, Modem, and Parma, ■od the mother of Francis 11., have decided on Wing up their abode in that city. The ex- King and Queeo of Naples, with their little circle of mal commits, are also expected. Venice will become a branch establishment of Rome. but the conspiracies simultaneously hatched in those cities can only turn to the shame and in jury of their authors. They plainly prove the necessity of solving the great Italian question, and of fusing in the national unity the towns which owe still separated from it.• The sculptor Giovanni Paudiani, of Milan, has been commisaioned by M. Emesto Zuccari, of Loud, , to execute a white marble statue of Garibaldi. It le to be of the natural size, and will be sect to Ensiled. One of the fineet pearls in the world has re cently been found in the Bey of Panama. It is of a perfect pear shape sad of the finest water. PROCLAMATION BY THE KING OF PRUSSIA. The Prussian Stunts Anzeiger of Saturday oon ta;18 the folloaiug proclamation by the King : Berlin, Noy. 1, 1861. The solemnity which I accomplished on the 18th inst. has given • sacred consecration to my earthly calling. This celebration has been • truly native one, whilst it has invested the old indissoluble bands of the royal house and the nation with a pledge of youthful strength. The warm and joyful sentiments which have been so unmistakably manifested in all parts of the country, and by all classes of the people, have most deeply moved me and the Queen, my count, and have filled us with thankfulness. Such events are most gratifying. The confidence of my people, on whose proved senti ments and devotion I at all times rely, I return by the moat devoted love to our country, for whose welfare and power I always strive. True to my vocation, I recognise in the uninterrupted advancement of the lawful development of the ople the guarantee of future success under the guice of Providence. At the close of the coronation, my ministry of state are commissioned to give universal circulation to these my sen timents of deeply felt thanks and those of the Queen, my consort. WILLIAM. To the Ministry of State. VIOLENT STORM AT SEA. -TWENTY LIVES LOST. GREAT YARMOUTH, Mommy. During the latter part of the put week the weather has been very stormy here, with heavy rains. On Saturday it came on to blow with great violence from the W.N.W., and at noon it increased to a perfect hurricane, such as has not been equalled on this west since the disastrous gale of May 28, 1860, when nine vessels went down in sight of land, and fourteen fishing loggers, with all hands, were lost outside. Great apprehensions were entertained for the boatel now at sea, a large fleet of which were prosecuting the herring voyage, and some of those which came in ou Sun day gave sad confirmation to forebodings on the beach by reporting the loss of two lugger. and their crews. One boat reports that on Saturday afternoon, while scudding before the pie, about forty miles out side, she saw within a quarter of a mile ahead of her a logger marked "Y. H." (Yarmouth) go down with all hands, and on passing over the spot one of the crew of the unfortunate vessel was seen clinging to the wreck, but owing to the tremendous sea running, which was ex pected momentarily to overwhelm the lugger, no assistance could be rendered to the poor fel low. Another boat reports the loss of a Sherringham lugger, which was seen to disappear with all bands in a terrific sea. As these vessels are manned by nine men and a boy, twenty souls must have perished. The storm esgedon Sunday, but with partially abated violence, and the wind h►ving shifted to the north, a large fleet of vessels were driven back into these roads for shelter ; on Sun day night there must have been some thousands, extending from Ceistor to Lowestoft, • distance of 13 miles. Many have been obliged to put into harbour with masts gone, sails split, rigging carried away, or damage of some sort. During the night the smack Adventurer, of Harwich, parted from her anchor., and carried on to the North Sand, where they were rescued by the lifeboat from a position of the utmost peril, and were taken to the Sailors' Home. It it feared that the shipping reports on this east will contain • long list of casusitisa. The Lord Chancellor has been pleased to appoint It R. &obey's, Fiat., Q. 0., to be the County Court Judge teethe circuit No. 31 as the successor of John Johns', Las q., wbo has resigned the office on account of ill health. The Circuit Courts are held at 12 places in the counties of Car digan, Pembroke, Carmarthen, and Glameepn. Last evening the Rev. Newman Hall delivered a lecture at the Surrey Chapel upon bis experiences in the Swiss Alps during the autumn of the preseut year. The large building was filled to overflowing by an audience principally composed of the working classes. On Thursday the King of Prussia gave a fare- well dinner to the ambassadors sent to the coronation by foreign powers. Lady Clarendon, the Duchess of Magenta, and the whole of the members of the embassies were pre sent. The King proposed a toast to the distinguished sovereigns who were represented by embassies, and at the same time expressed his thanks that personages so distin• guished had been chosen on the occasion. A letter in the Brussels Imth'pendanee states that Lined Pada, the well-known Hungarian General Hmety, ie about to retire from the military service of Turkey and to reside in London. A letter in the Salut Public of Lyons has the fol lowing :—" The moat popular person,e of the Raicberath at Vienna at the present moment is Mlle. Clain, who keep, the room at the entrance in which umbrellas and canes are deposited ; her amiability and good looks occupy the public, and even the members of the Reichasth infi nitely more than the deliberations of that body. Her por trait, which bean the designation of ' Mlle. Claire, of the Reid:rails,' is sold all about Vienna." Two beds of anthracite coal have been discovered near Acapulco, on the west coast of America. This dis covery is likely to be of great importance as affecting the steam packet communication between Panama and Cali. tones. LAW INTELLIGENCE. (TRW DAY.) COURT OF COMMON PLEAS, Sittinp in Reno.—(Before Lord Chief Justice Erie, Sail Justice, Williams, Bylas, and Keating.) BRADLAUGH ,r. &MARINA—THE LECTURER AND THE POLICE. The plaintiff, a lecturer and writer, had been prevented from delivering a lecture in a field which he had hired by the defendant, who is the superintendent of police at Devooport, and subsequently locked up upon a charge of assault. This charge was investigated and dismissed, and the plaintiff thereupon brought the action to recover damages for false imprisonment, and recovered a verdict for oue farthing. On the that day of term he applied for a new trial, and the court now gave judgment upon this motion. The Lord Chief Justice said that the plaintiff complained that the judge had not done his duty by controlling the defendant's counsel, who, the plaintiff contended, went beyond his authority in reading passages from a publica. tion, and asking the plaintiff whether he had written them, after he had declined to answer whether he was the author of the pampblet,because if he said " Yes" he would reader h . mself liable to a criminal prosecution. They had consulted Mr. Baron Cheapen, who tried the came, and he re. ported that the plaintiff was under misapprehension as to the come taken at the trial • for after the plaintiff h a d refused to answer wh e th er belted written the pamphlet the questions that followed were, did you write such and such • latter. These documents might have formed part of the pamphlet, but there was nothing in the form of the question to show this. The objection, therefore, failed in point of fact; but he (the Lord Chief Justi c e) mi g ht sa y th a t i n his opinion a judge had the duty contended for by the plaintiff of controlling a counsel who continued to put in. proper questions, though it was not at all clear that if a judge made a mistake in the exercise of his discretion it would be grounds for a new trial. The second point was that the learned judge began his address by de ' ploriog that the plaintiff entertained oortain opinions,and so prejudicing the jury, though the plaintiff contended that there was no evidence that he entertained as y particular opinions. The learned judge reported that what be said was that however much he and the jury might deplore the opinions to which allusion has been made, he prayed them to be guarded against being prejudiced by any such conside rations, but to decide acccording to the evidence only. This being so, it was no ground for a new trial, but the judge also reported that the counsel for the defendant himself deplored the opinions referred to, and the judge's observations were made in reference to this. The thin! point was that some of the jury would probably have to contribute to the borough fund, out of which the costs would be paid, but upon that the plaintiff had no certain information. The fourth point was that the jury had given a farthing damages for several hours' imprison. ment, to swipe from which the plaintiff had been put to 14a. expenses. If the court law that there was an intentional violation of right on the part of the jury they would interfere, but otherwise they would be very scrupulous in interfering with the amount of the dsmagea. There was nothing to show that the proposition had been made out in this case. The damages were for the lury and • plaintiff had no right to demand ex debit° osetise the amount he had paid to get out of confinement, or be might have pursued a very expensive course to do r . He knew not in the least the kind of opinions which the plain. tiff was Trenton publishing,but of this he was certain, that there were opinions which were most pernicious, that in law were crimes, and that every man of sound sense would consider to be wrong. If the plaintiff wanted to disseminate such opinions, and the defendant prevented him from doing that which be would hereafter very deeply regret, the jury might be of opinion that there was no damage, and that the substantial result was really beneficial to the plaintiff. Mr. Justice Williams thought theta plaintiff in false impri. moment has no more right bargains the costa of getting out of imprisonment; than in so action of assault, a plaintiff could claim the expenses of employing • 'surgeon to cure his wounds. Mr. Justice Bytes conceived that by law • man bad a right to hold any opinions he pleamed,though the publication of them might lie a crime and he quite agreed that the dissemination of certain opinions, striking at the root of society was more pernicious than almost anything else. He agreed ihat the judge should stop improperquestions being put to • witness, for otherwise every man who entered a witness box would be liable to be exposed as in a pillory to public odium, ridicule, and contempt ; but it was oo ground for • new trial if the judge omitted to exercise this discretion. Mr. Justice Keating considered that it was important that the jury should be informed as to the opinions of a witness, so as to judge what amount of credit ho was entitled to. Rule refused. COURT OF EXCHEQUER: Sitticp in Banco.—(Before the Lord Chief Baron and Baran Mastic, Channel, and Wilds.) Till NORM BTAITORDSHIII LOAN AND DISCOUNT COMPANY r. WITHEY.-BILLS OF EXCHANGE. Mr. Edward James moved, pursuant to leave reserved, to enter the verdict found for the plaintiff at the trial which took place before Mr. Baron Wilde, for the defen dant. It was an action on a bill of exchange for 361. 19a., drums by the plaintiff, and accepted by Messrs. Plant and Co. The principal issue was whether there had been a dispensation of notice by the defendant as the (hewer. It appeared th%t prior to the bill falling due the defendant and the acceptors called se parately on the plaintiffs with a proposition for renewal. The bill arrived at maturity, and was dishonoured, and the contention was, first, that the defendant had not dispensed with notice and that no evidence of his having done so was given to the jury; and secondly, that notice was not given within a reason able time after the dishonour of the bill by the acceptors. Their lordships were unanimously of opinion there was evidence of dispensation, and refused the rule. Judgment accordingly. COURT OP BANKRUPTCY. (Before Mr. Blaine, Registrar.) IA 1.11 DICET.-CABR OP AP /LX-011111CTOR OF THE PERCAP. OCIANANTIN AND ASIIURANCZ COKPANT. This was the first sitting under the bankruptcy of James Edward Stephens Dioey, late of Boulogne, formerly of Golden-square, and now of 373, Strand. He came to the court on his own petition. It appeared that the bankrupt had acted as a director of the Mercantile Guarantee and Amuranos Company, now in course of winding-up. His statement of liabilities contains some large figures, and shows a total of 7,855&, besides liabilities on account of the company which are as yet unascertained. Mr. Sidney !lied" gentleman, of Storey's-gate, was chosen trade moves ; Mr. Graham is the official assignee ; Messrs. Lowrance, Plows, and Boyer are the solicitors under the petition ; and Mr. Smart is the accountant en gaged on the case. (Before Mr. Commissioner Evans.) The bankrupt was This was the adjourned examination meeting. The ease has been repeatedly before the court. The unsecured debts and liabilities amount to 6,8661. ; meets stated at 1,4861. Mr. Stopher, for the assignees, and Mr. Norton, for the bankrupt, agreed on another adjournment fora month. _ IN Er runitaloor. The bankrupt, a draper at Ware, applied for his certifi• eats. Debts, SON.; meets, about 250 f. Mr. Bagley opposed. The principal charge against the bankrupt was that be had assigned the property in his shop to a sister at a time when he must have known he was in solvent • for two days after the transaction be came up to town an d mode an assignment. After hearing Mr. Lewis for the bankrupt, His Honour reasevad his judgment. (Before Mr. Miller, Registrar.) IN Er WILLIAM HENRY CLARKE. • The bankrupt describ;da;;;;eifieerand contractor for army Bel cooking apparatus an appurtenances, AC' eountant, &c., late of Vernon-place, Bloomsbury, but ince • prisoner for debt. The debts are stated at 2,0004, and the assets at an equal amount ; but they chiefly consist of the bankrupt's claims on volunteer rifle corps, to whom he had supplied his cooking apparatus. The detaining creditors were the London and Westminster Loan and Discount Company, who claimed LW. for debt and costs. Assignees were now chosen. Mr. C. E. Lewis is the solicitor under the proceedings. (Wore Mr. Cceni Holroyd.)_ IN RI BARili AND ADZ/NIL—APPLICATION FOR mitcasna. The bankrupts were iron bedstead-makers, of Robert. street, Hampstead-road, and of fitannanl-street. Mr. Low, for the detaining creditor, took the objection that the bankrupts bad not been properly described in the Ortzetre, only one of their places of business, in Robert street, being mentioned ; also that the statement of affairs had not been filed within three days of the petition, a, re• quired by the rules and orders. His Honour granted an adjournment for a few days, in order that the bankrupts might amend their description. IN RE DENNT.APPLICATION FOR DISCRARtE. The bankrupt WMs. ;ivii;O g i;;;;;r:OF6ZO-7;;e: He recently made application for his discharge free custody, but the ap plication was refused on the ground that he had petitioned the Insolvent Debtors Court, and th" the proceeding wu still pending in that court. Yr. Denny, on behalf of the bankrupt, now asked his Honour to rehear the case. His Honour said that having eery fully considered the natter, and also taken the opinion of another cututoisiloora he must decline to reeopeo the case. SHERIFFS' COURT. (Before Mr. Berjeaat WlN.ler and a jury.) THE LATE ELECTION OF LORD MAYOR. !MOON V. 111104310111361'.. This adjourned cam cams on for hearing spin to-day. the same legal gentlemen—via., Mr. Pool for the plaintiff, sad Mr. Huddleston, Q. 0., with Mr. Garth, for defendant , Mr. Hnddleston, in opening defendant's Me to the may, add ha hoped he should be allowed to reply upon the dows. His Honour—lf I have the power I shall cortainil permit it, and then Mr. Pool will follow you. His Honour recalled the plaintiff, who said he en! :radby Mr. Acland in the street on the Saturday , cbarge until Tuesday. Croes.examined—Reosived instructions on Monday ni,;hh and began about 8 o'clock on Tuesday morning. I mut mitt Wu WI mitt bolo, even caw they The Mr. Wee four sake noth may I How post. I or nijhl work than soma Theo side with On tl with wits DESTI Th with wind. sides Mr vious squm throw No. 7 Mr: Hail be da 0041 fined infi hats other exert fends pay it broke urn street • abo be m; hard 1 It wa, class The fixed 8I10( teases Lewis'o ceased Being coneery sumoe in the watehn to beat his coal out of e There a trithhii 001111111 i Of RICCI British town D Mason I in Octo