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

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.