The Express.
London, England, 1860-04-10 00:00:00

SWITZERLAND AND SARDINIA,

The Opinion
_gives the text of the despatch held,
under date of March 21, by Count Cavour to Con.
mendatore Jocteau, the Sardinian winister at Berne,
in answer to the Swiss note :
Turin, March_ 21, MO.
Monsieur le ConunertlerV--lit Tell, nee !us?ded me ~

copy of the note you will Mid enclosed, by which the Federal
Council directs the attention of the King's government to
the juridical position of the neutralised provinces of Savo% .
He altos to this end the treaty of 1564 between Savoy and
Berne, and the European stipulations of 1815.
On leaving with rue a copy of this note M. Tourte addressel
to me another, in which, referring to the proclamation.
of the governors of Chanthery and Annecy, announcing an
approaching general vote concerning the annexation of Savoy
to France, he protests, in the name of the Federal Council,
against any vote or any other act whatever, the result .4
which might produce a change in the present state of things
in Savoy. You will also hnd enclosed a copy of the now
from the Swiss envoy ext•rsonlinary.
I answered M. Tourte verbally, that I did not under.
stand how the conduct observed by the King's cabinet in
this affair could have been a cause of recrimination on tbe
part of the Federal CounciL
In fact, it would have been sufficient to read the answer,
which through the medium of his Majesty's charge.
d'affaires at Paris I had given to the communication wherein
M. Thouvenel demanded guarantees for the security of
France, to convince one's-self that the King's cabinet,
unable to refuse to acknowledge the validity of a vote to be
legally given by the inhabitant+ of Snyny, had ueverthelLws
only made this declaration upon the assurances expressed in
the notes of the French cabinet, that it would take into
serious consideration the interests of Switzerland. I
further observed to M. Towle that I still less
understood by what right Switzerland protested against
all voting tending to show legally the wishes of the
inhabitant.. There is therein a singular forgetfulness of
his Majesty's rights of sovereignty, which it is rather iliffts
cult to explain, even when taking into account the inter.
lestional stipulations invoked by the Federal Council.
I do not, then, think it expedient to dwell on this part of
the communication made by the Helvetic Confederation,
and I shall confine myself to a few remarks on the value
attached by the Federal Council to the treaty of 1564 and
to the traasections of 1815.

The treaty of Lausanne of October 30,11564, between
Emmanuel Filibert and the hints of Berne, in stipulating
the restoration to the house of Savoy of "the entire lord-
ship of Gee, alafLthet tl.ifeyth(ethectrels
.of
situated district
beyond Lake amnd tte Rhone, also all they had occupied
of the GOINVOiII, &c.," declares iu the 14th article that
neither party shall alienate these countries to another

This limitation of the right of sovereignty was from it*
very nature transitory, and would naturally disappear with
the causes that had procured its admission. It would cease
by the tacit or expressed agreement of the contracting por-
tico, or else through the effect of the general stipulation
that have subsequently regulated the public law of
Europe.
We see in fact that the clause above-mentioned was in
1601 oonaidered to be abrogated, when by the treaty of
Lyons Charles Emmanuel I. ceded to France the lordship
of Gex with all its appurtenances, and when neither Berne
nor the other confederated cantons offered any remon-
strance or protest against the use which the house of Savoy
made of its right of sovereignty. Moreover, two years
later, the stipulations in the 14th article of that treaty of
1564 no longer appear in the convention concluded at St.
Julien between Cherie* Emmanuel I. end Geneva "with
the knowledge and consent" of all the Swine mutant.
Finally, in the treaty of June 3, 175.4, stipulated between
the King Charles Emmanuel 111. and Geneva, under the
kindly mediation of Zurich and even Berne, it is expre-sly
said: "By means of the arrangements effected by this
treaty and the explanations accompanying it, all other
claims of whatsoever nature they may be are herewith can-
celled and annulled on both aides for ever."

The preceding consideratiumi demonstrate moat clearly
that the present claims of Switzerland have no foundation.
The treaties of 1815 still less furnish any ground for the
pretensions of the Federal CounciL By these treaties the
provinces of Chablais and Fauciguy were restored to Sar-
dinia, who had lost them in 1792. Is there in the private
treaties, or in the final act, or in the protocols of N remit,
any arrangement or word restoring to validity the 14th
article of the treaty of 15614? Absolutely nut one.
But the Federal Council invokes the 23rd article of the
treaty of 1816 between Sardinia and Switzerland. Thin
article is thus worded : " The stipulations of the ancient
treaties, and especially of that of June 3, 1754, such as are
not expressly cancelled by the present treaty, are con-
firmed." Can any one in good faith believe and maintain
that by a vague phrase, having no precise import, Sardinia
could have consented to revive a stipulation dating three
centuries back ? It is enough to put the question to obtain
its answer. The stipulationn alluded to in 1816 referred to
the trade and the facilitating of communications between
the two adjacent countries, and bad no reference at all to
the essential rights of sovereignty, which were in the ,ime
act defined expressly as far as the neutralised provinces
were concerned. For the rest, by this same phrase in the
23rd article, one might have been able, perhaps, to resusci-
tate the stipulations existing in 1792, but not those which,
by the nature of events, by the subsequent facts and coo*
centime, had been cancelled for 200 year..
. .

It is, -flowerer, fair to acknowledge that the transaction"
of 1815 created for the provinces of (labials and Faucigny
• special juridical state relatively to Switzerland. The
neutralisation of these countries was chiefly established for
the sake of Sardinia, who demanded and obtained it as a
compensation for a territorial cession to Geneva, and, con-
sequently, to the confederation, as we have already had
occasion to observe in the communications that were ex-
claimed last year between the two governments. But if
ze Switrland believes that this neutralisation is useful to
her, we do not oppose the hiking of her interests into
serious consideration. France herself had formally de-
clared it, and we have registered that declaration which
has become public. This point ought to be examined
sod settled in concert with the powers that awned
the treaties of Vienna, for it cannon's the general interest"
of Europe quite as much as the private convenience of Su,
dinia or Switzerland. The King's government is persuaded
that the Helvetic Confederation will be heard at the dia.
cussion, and for our part we are disposed to support every
proposition calculated to preserve intact the permanent in-
terests of the Swiss nation. %Ve have given too many proofs
of our sympathy with and friendship for Switzerland, for
the Federal Council not to be conviumd beforehand that
it will find in Sardinia, should the case require it, the sea.
timents that have hitherto inspired her conduct.
I beg you, IL le Comnuindeur, to mad this despatch to,
and leave a copy of it with, the Yresident of the Confedera-
tion, and to accept, dm, Cavues.

THE UNITED STATES.

LATEST BY THE ETNA.

LIVERPOOL, MONDAY.

The Cunard screw steamer Btu*. Capta:n Anderson,
which left New York on the 29th alt., arrived in the
Merry about noon to-day, but brings neither passengers nor
specie.
In the Senate the Navy Pay Bill wan no amended that
captains at sea should receive a salary of 4,000 dole. ; those
who were waiting orders and are eu leave, 3,000 dole. ; and
those discharging other duties, 3,000 dole. After some
other unimportant amendments the bill was read a third
time and . An interesting debut,' occurred in the
house on passed
recently reported from the committee on
the judiciary to suppress polygamy in the territories of the
United States. Mr. Brencliangegented that if polygamy wee
declared criminal, there would lie no reason why the same
action might not be taken regonling slavery. He could
not vote for this provison of the bill, which'. made penal
laws applicable to all the tenitorias of the United States.
Mr. Clarke stated that the committee em tern'
tories had it in contemplation to report a bill
paroellipg out Utah among the neighbouring territories,
so that the people themselves might remove the evil of
polygamy. A duliosition decidedly favourable to the mess
sure under discussion wan shown by the vote on a motive
to ley the subject on the table, 19 members recording their
names in the affirmative 111111 14$ in the negative.
The brig Virginian, of Now York, an alltgeil darer. raw
timed on the 10th February, in the Congo River, by the
United States sloop-of-war Portsmouth, hail arrived at
Charleston. There wee a mutiny among the crew of the
brig on the peerage, but the mutineers were secured before
they could effect their object.
On the 20th ult. a fire broke out iu West Forty-fifth-
street, New York, by which ten hu 1111 l n beings two
mothers and eight chiblret —were burned to death. The
building was miserably constructed of wood and four
stories in height., with narrow stain**. end no means of
egress by way of the roof. The ere was believed to be the
work of an incendiary.
Dates from Havannalt are to the 25th ultimo. The .tigst
market was firm. Freight,' slightly declined. Exchange
on London, 12j to 14 prem.
Considerable excitement existed rowing the sholitionida
in Philadelphia by the snivel in that city of a negro are
rested in Harrisburg as a run-away slave. After the CM*
elusion of the argument, the fugitive slave was ren",d.ed
to his owner. Great excitement prevailed in the viemit7
of the Court-house on the announcement of the judge s
decision. A large crowd, chiefly witnisoied of nettp.e.
sembled and on the fugitive being taken to a carriage. they
am-rounded it, and made a desperate attempt at resew,. The
carriage was broken
of
, et!.
arrested fugrtice wee. then
escorted to prison. A writ of halwan corpus had been
Nerved on the Marshal ; in the meautione the fugitive awaits
the action of the state court.
The number of bunks and ',noodles on the Ist disnuarl
throughout the United States, avoonling to the returns at
the Treasury department, wits ; the capital pant in.
421880,
.000 doh., and the amount of 'genie on leend
83,994,000 doh. The reweave,' of these bunks, including
leans, notes, securities, and real estate, is 14.114411 at nearly
1,000,000,000 dols., and their liabilities 531,100k000 doh,.

General Elio, who has been arrented in Spain
with his secretary and three other !aglow., was formerly an
offleer of the Ovant of Ferdinand VII., a.sdhe long re""
in Paris as a political refugee. He. Cabrera, and Ortcp, al e
the only peen& of real ability now attached to the cope
of Count de Mootemulin.

THE POLICE COURTS.
(TIIIB DAY.)

/I ANSION•HOI*SE.

..........
r;rereirer and J 0.4 fa B. r 4 were charged with b•iagg
t• fri•ni the nth liattale.ii .4 the Military Train, at
ta ie .1 ern h.

--
tt that were first brought up Monday it was
poo.l that they malearoured to es...nista@ a aerisant
Foot. 1., ealotiug, Saturday, with the view, no
..lotrieing ami her I.ntntr, on there was MOW% to
.amts. they h. 4 4,l4Alllt.ierfolll. The sergertat'a
ip rowed e,•,• however, q..•edtly detected the fact of
their ....tueintAnce with .Inll. awl, on their answers were
altmether unenuL•i..ry, he g.tve them into custody.
When at the )or irdenlay, Grunting admitted that he
was u defterier. but Hint (whose teal IMMO is Reynolds)
poetorely .kuor•l that h.• had ever belonged to the arum.
A* there wen• n..w two witnesses from Woolwich wit°
bleritdied hint an a ,kserter, be admitted such to lie the
; noel was with his fellow prisoner, resuaaded for corn-
muun..ition with the War-uBce.

G V ILDHALL.
BEGINWIUL.

Magri Paley, a lad about 12 yews of age, the inn of
vet* r.speetalde parents, wee brought ep on remand before
%Herman Hale, ..lisr,ted with stealing a gold watch and
. ham, value 10f., front kis employer, 11r. eating's, wateh•
maker.. 4 St. Anne...lane, in the
lin the former eve iiiii tattoo Hr. lle demey appeared for
the prosecution, when the evidence went to show that
property to a osroderalde amount was mewing,
is.rtion of which, coruasting of a gold watch, the
under • peonnse of mercy and h•rgiveneen,
...nfessed having taken. After the prisoner wan
no en into cushely, the person who purchased the pro-
te.rti returned the whole of it no icing applies' to, and that
CII,UIII.t Iliee. coupled with the appe•l nails, by the father
of this hoc, induced Mr. Cutmore to deeire that
the prisoner should be dealt with as leniently
as the law would allow. The magistrate, however,
experienerd etiosiderahlt diffirnitv le dealing with one so
soup)/ ho so serious an offence and therefore remolded the
.wt until tiln day, when in answer to questiom from Alder-
man Hale, the primmer %Mil he sold the watch for rti., the
whol.• .4 which be hot spent in cakes, sweets, and other
rides of that ole•wripti...
.11.1ernein Hale mid he thought the 'my must be a very
luil 1. v, and he had .I..tildless fallen into hMI company.
The father wil he had taken every care .4 hi. son, and
notwithstanding he had .pent all this money he hail not
abeented himself front his situation during the week or from
the Sunda. alos.l.

Altermin Hale haring selmonished the rwiioner very
rererel)• u 4 esutiooill him that if he offended again this
Asigr wouhl Ir renteintwevil against him, then discharged
lout. st the genie tone stating that he did so in cones.
.1 the uneis.• lorontwe of forgiveness made by the
i•essecutid.

MARLBOROLTSH STREET.
eit, El IT TI. THI

Moho./ t ermisdboy, w charged before Mr.
Beadoi with illtreoting the .h.ep in Kensiwtoreganienk
Edward., pork eonstikle, said that at half.past five the
pr. viou. cfterees.n, while on duty in Kensingtoregarens, a
gesricioon came to him Anil told him that some boys
were troclly illtrcisting some sheep, and on his
sok: to the spot he found the prhionor &nil
thrce othei. heating the sheep over their heads and
legs with phi k .ti. k. in • very brutal manner. The
pork-keeper lire prooduced a thick rail which he took from
the He I...Lyre.' to secure the priw.oet, but the
isthers ee cissl It wo. a practice daily occurrence, and
many complaints were mule ..f the conduct of the Loy..
Mr. It. .elon ..1.1 it was a monstrous and akoniinable
practice, and he would .ko hi. utmost to stop at. lie should
tbriefore commit him fir *even days' with hand

AeetL LT OX INC P 01.1 CI DT A WOODCI-LfAGED WAX.
J.Aa • wooarn.leggegl ton, was charged with
avtiulting Sergeant Appleton and a constable of the C acti-
on, to .trikargg them about the heed with hi fists, and
o ‘crvl kieltosi them with hi. s,sslen leg, while on the
•ay to the- .tattoo, slog at the same time very feel tau-
_

Berko rid the .rimer hia made u.e ~f Oust whip h
ovp. as Ajert di pit) (th.• tying ••,,per)
wggprqi i 1 .4fri.oe lM police. He •houhl&mit
him 1.4 sewn dip.

TH AYES.

INS Dbill lIIANCEA DI ?HZ CHI CH OF hT.

TIM-KANT. —NoAZ LITIGATION.

This amoraing Mr. Cherie. Warren Adams, a very tall
i.vuag gentlemen and a well-known pirtnan el the Rev.
Reyna KM& applied to Mr. :Wife for a common. against
Mr. William John llsiespeus, tliesesier churchwarden .4 the
pooh .4 Mt. Gawp is the &A. for amanhing him on
uNht. The applicant is the son .4 the late Mr.
rierwarit Adonis, far asay yearn Awistant-Judige
the Malliewe and Westminster ltenion*, awl is an ardent
a.lvoc.de .4 high chetah doetrine, better known as Pueeynne.
He WA. Wr..tolimaied by the Re.. Dove Dove, ose of the
canoe. .4 AI. who, it will he recollecteil, had to
n.miwnsitioft to Mr. Herbert, the parish comtable,
lov awauk,ict lino and Ulmer., hi. leg in Dui vestry of St.
remerie rhureh a few week. since.

Adams, is applying for the summons, said he had
Mee grievously mostilted by the churchwarden. On Sun-
nir evening he was stasoliou at the alter rails of the church
melesvounn4 to prevent a illsoolerl mob from entering the
slur. sawn Yr. Churchwarden Thorupeon, at the head of
...seed person., came Inwards him, collared him, pulled
kini "if the .tops, shoved him along sod Inched him, and
ihra him 101.. the of Hutton, the parish beadle,
istio escorted him some distance front the altar, and then
nbm.'l him.
Mr. Selfe --Von are cutitleil to a summons.

The oatmeal* wee imply ..ut The churchwarden, who
wo. iieenmsatoly re-ek.tiol by the oeetry on Good Friday,
NV I wk.. ha. t.e. a romplusienteol by the magistmtes d this
neat be hi. impart edit, snol thocrinaination in the course
I •Iv. snha;•pr dntnrbar r., will lir ilefenokolo at the st•
the ;iamb, 11 311 r. /loosen, the vcotry

LATER SPORTINGINTIIII3GENCE.

n sucriuc
NZVoILARKET ILICETING.—(THIS DAY.)

NEWMAKKET HANDICAP.
'..lifeetiontr
Man.at•Arnin
Remunerator ..
21 rm.

BALE STAKES._ A.F.

(Uvriana, Rattlebone, Ebert. and Rowena e are here.
PAID Fonerre.—()aides Dream, Tortures c, and Duchess
el Kingston.
FOLTR•YEAR-OLD BIENNIAL STAKES. D.I.

• Nourarieff, Yar Morning, Newlight, Ticket of Laws,
Scent, Aneurin, Conjuror, Cynthia, Weeder, Volatile,
Agin. c, Craton, l'yoncos, awl Wanda ere here.
PAID roararr. --Sunken Bork, Ascot, Occurrence, Rand&
Canter, Guy Fawkes, Chanoine, Themes, Trumpeter,
Christmas Pie, Zaretan, Broont r, Richmond, Magie, Lark,
Merryman, Coxcomb, Kate Coventry, Avvignee, Conjuror,
Crofton, Orlando, The Mite, Bourn, Master Slender,
Pik, Caucasian, Northern Light, Rinlbolt, Wart Stanley,
Umlian, Pears Proclaimed, and Sir Pierce Marton.

THREE-YEAR-OLD BIENNIAL STAKES. R.N.
Water Sprite, Neoptelem us, Leprechaun, Loiterer, Viatka,
Baron Musclemen, Cavriatta, Plum Pudding, Merryman,
Br to Rainbow, Rattiebone, Avalanche, Umpsre, Sir Hugh,
King of Dianninds, Keens, Mixture, Petruchio, Skelton,
St. James, and Vanquisher are here.
PAID FORFEIT. —Fatima Ingest'', Refugee, Gang For-
ward, Gilgit!, Danis, Kingfisher, Digby Grand, Arlington,
Tirailleur, Professer,Largftes, Catawba, Buccaneer, Fusilier,
Donner cod Baits, Aliptes, Richberta, Retreat Barabbsa,
Jason, Thewalian, Nam Sahib, Whirlwind, Nightingale,
Duchess of Kingstoo, and Montenegro.

OTHER Ararvats.—Queen of May, Barbara o, Ebony,
Ledr.l, Antosis, Fingal Sir Hercules, Fusee, Menke, St.
Clarence, Bribery c, Faints e, sad Lord Berkeley.

LATEST sErrniu.
NEWMARKET HANDICAP.
H to 2 apt Matmst.Area (t)
7 to 1 Confecti.mer (1)
8 to 1 Simple Simon (t)
9to 1 Gamester (t)
10 to 1 Newcastle (t)
13 to 1 Remunerator (t)
14 to 1 Wallace (t)
16 to 1 Plash•ia-tb-Psa (t)
TWO THOUSAND GUUTRAB.
3 to 1 Berespeer (oif)
100 to 6 Bt. lateen. (t frvely)

CHESTER CUP.
100 Gaspard (off
50 to 1 Nan-at-Arms (t)

DERBY.

10 to 1 /leocoih-sor (t to 100/.)
1000 to 100 If Inflame (t)
4000 to 80 St. Janus (t)

CATTERICK.—Tvenuy.

Afterven—Sbidin, Annan, )(naytonaveal, Qui Viva, Ho.
Scott, Sir Walter t, Camphor, Louden, Rambo,
Maltby colt, Royal Princess, Whitebonee, e by Barnina,
Bivouac, Miss Grant, Ary;yls, Tkidlywink, ad Spriagwall.

THE MURDER IN CUMBIALAND.