The Express.
London, England, 1864-04-12 00:00:00

TIT EX;PitE4Bi givEl3,,aky EYENNG, APRIL 12,-

temporary co-operation and acts of friendship, may
no doubt require at times a certain amount of re-
serve in order that our negotiations may be con-
ducted to a successful termination, and this is the
only excuse for the exceptional secrecy of diplo-
macy. We have a light to have our
affairs administered by men to whom we may
extend as much confidence as is implied in this
confidential exercise of power. But with respect to
permanent engagements which are to serve as the
source and record of our duties to our neighbours,
there is no reason why the country should not be—
there is every reason why it should be—fully con-
sulted before they are assumed in its name. In
dealing with Mr. Hoasmis's question, Lord PAL-
trxiihroN limited himself to a statement of the ex-
isting practice. He observed that ours is a mixed
constitution, in which different functions are
assigned to the various bodies of the
State. The making of treaties with foreign
Powers is a function of the Crown, performed
under the advice of responsible Ministers, and it is
not the practice of the Crown to consult Parlia-
ment as to the advice on which it may think pro-
per to act. Such is the practice, and Lord Par.-
:enterers" says that the course suggested by Mr.
Humr el! would be contrary to the principle of
the constitution. In reality, however, this is a
much simpler matter than would appear from Lord
PiLuratsrox's statement. The acts of the Crown
are the acts of the Ministers of the day, who alone
are responsible for them to the country,
and Lord PALMERSTON, in standing up for
the present system, is merely defending the
custom of exempting a large and most important
sphere of the acts of a Government from the con-
trol of Parliament. So far from its being contrary
to the principle of the constitution to consult Par-
liament before committing the country to engage-
mental with foreign Powers, the spirit of the con-
stitution requires that that course should be
followed, and the present practice is grossly anoma-
lous. If the Government makes mistakes in
its home legislation and administration it may
repair them with comparative ease. But if it
commits the country to an engagement with foreign
Powers it parts with its liberty. The ill conse-
quences of its acts may not be immediately apparent.
Those who discern them and point them out, can
obtain no heed to their warnings : everybody is so
glad that any settlement at all has been achieved.
Perhaps years roll ou, and the case arises for the
fulfilment of the pledges given, and thus the aye-
tem is brought to a trial. The people with
their rude common sense judge that they
are not bound to make enormous sacrifices, per-
haps the greatest of all sacrifices, that of peace, in
order to carry out a treaty on which they were
never consulted. The nation will not be moved by
strong appeals to its pride. And then—unless
the Government itself has for some reason ceased
to take an interest in the fulfilment of its foreign
engagements—is seen in national schism the fruit
of that irresponsible action of Ministers which our
statesmen are desirous of keeping up by hacknied
theories of the separate functions of the Crown
and Parliament. Under cover of the Royal name
Ministers make treaties which at the critical
moment the country, formerly neglected but now
mighty in its passive obstructiveness, calmly de-
clines to endorse. It would seem that of all
parties in the State the Crown has the chief inte-
rest in putting an end to such a system.

THIS evening will, we doubt not, witness the
performance of an act of justice. How far a
large and distant dependency can be considered
as au addition to the strength of the mother
country, or how far it is an advantage to an em-
pire to embrace a territory upon which the sun
can never set, may be, perhaps, an open
question. But one thing at least is
plain. The greater the empire, the more
essential is it that its government should be con-
ducted upon fair and liberal principles. The more
numerous and important its dependencies, the
more needful it is that to none of them should be
given just cause of discontent. The case that is
to come before the House of Commons to-night is
just one of those to which a wise and liberal
statesman will give his fullest attention. The sic
Colo sic jubeo of a despotic power reeks little of the
individual hardships that may follow the execu-
' Con of its commands. It looks simply to the
immediate end in view, and is in so far more
powerful, as its total disregard of all incidental
suffering enables it to advance to that end by a
more direct and simple road. With a constitu-
tional government it is otherwise. Existing
only by consent of the governed, and
for the express purpose of promoting
to the utmost their well-being, it is part of its very
principle to be careful, not only of the end, but of
the means. It is not enough that in any measure
the maximum of general advantage should be ob-
tained; they must see, also, that the minimum of
inconvenience is incurred in its execution. A case
is now before us in which a great public benefit has
been obtained at some ooet of individual hardship.
We have no doubt but th►t once fairly under-
stood, that hardship will be promptly remedied.
The case is to come on for adjudication this even-
ing, and as we, in common with all friends of pro-
gress, are interested in the issue, we have no
hesitation in once more laying before our readers
a brief statement of the question.

The Acta of Parliament which transferred the
administration of Indian affairs from the Com-
pany to the Government at home, and provided for
the amalgamation of the army of India with that
of England, expressly stipulated against any in-
fringement of the rights and privileges of those
whose allegiance was thus transferred. Among the
most cherished privileges of the officers of the
Company's army was that which secured their pro-
motion in regular sequence of seniority. On this
understanding their entire system was founded,
and one of its most important results was the
establishment of a fund which facilitated the re-
tirement of the higher ranks, and thus secured the
more rapid promotion of those below them. In
amalgamating the forces it was found expedient
to create a special corps, called the Staff Corps,
consisting of officers from all branches of
the service. Into the intrinsic merits of this
arrangement we are not now concerned to enter.
But granting to the full the advantages claimed
for it by its supporters, we still maintain that in
carrying oat the new plan it is incumbent on the
country to take care that no injustice is done to
the service at large. Unwittingly, no doubt, the
arrangements at first proposed with this object did
unquestionably involve no inconsiderable hardship
on a very large proportion of Indian officers. The
privileges granted to members of the Staff Corps
placed those whom accident or circumstance had
excluded from it in a position of disadvantage in
respect of promotion and its contingent benefits
altogether at variance with the provisions of the Acta
by which their ancient privileges were secured
to them. A complaint of this led to the institu-
tion of a Royal Commission of Inquiry, and the
report of this Commission bears out in all essential
points the position of the complainants. The report
of the Commission is to oonte this evening before

the House of Commons, and it will be foe it to
decide what remedy shall be granted. To our own
mind it appears sufficiently simple. All the peti-
tioners ask is to be placed again, as they have
always hitherto been, upon a footing of equality
with their brother officers. We have no hesitation
in avowing our conviction that the request is just
and moderate.

We would even go further than this. We would
remind the House of Commons, and with it the
country at large, that these petitioners are the
men to whose gallantry and devotion they owe in
no small degree the very existence of the mighty
empire with whose interests they are now to deal.
If India be really of value to England, if Indian
cotton has preserved us from the consequences of
the terrible struggle now raging on the other aide
of the Atlantic, and placed it in our power to aid,
at least by abstinence, the noble fight against des-
potism and slavery ; if Indian fertility is to pro-
vide our future wealth, and Indian commerce be
our future safeguard against the insolent encroach-
ments of the Slave Power of the South ; let us at
least not forget that all this would have been lost
but for the cool valour and steady endurance of
those who now ask from us in return only the
recognition of their own just and lawful rights.
We cannot doubt but that that prayer will be fully
granted, and we confidently look to the debate of
this evening to render to the Indian army that
measure of justice which it is, in truth, no has our
interest than our duty to accord.

GENERAL GARIBALDeII VISIT TO THE OPERA.—
According to the official announcement, General
Garibaldi will visit the Royal Italian Opera, Covent
Garden, on Thursday evening next. The opera
selected for the occasion is Norma, and, in addition,
the second and third acts of Masaniello, the latter,
of course, in compliment to the illustrious visitor.
The entrance and reception are to be by the Floral
Hall, which is to be htted up for the purpose, and
the box to be occupied by the General is near the
stage on the left hand. There will be a moat brilliant
assemblage of she aristocracy, and the occasion
cannot fail to be most flattering and gratifying to
the Italian patriot.