The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-07

between the two countries. He believed that BY
maintaining peace England would do more for the
civilization Of mankind than by assuming hostile
course towards foreign states. The late government
had gone wrong in consequence OF not taking the al
vice the noble lord had given them TO give up pro
lection in ls49 and stand upon the other principles
which they have SO long held, and II they had taken
that advice they would have been in office at the
| present hour He would give them no more advice,
| as they had made such bad use of the last. With
respect to the auson of Mr. Disrael to the position
held the present time by the noble lord he wished
country, and, whatever he could do to carry that
wish into effect either in the House or out of it, he
would do SO to the best of his ability. (Cheers.)
Mr.. Golden said that the country was deeply con-
and France The tone of the press was one of uni
versal dstrust Of the'present Emperor Of France.
He considered that government acted as II they dis
trusted him; they Also professed to have the best
they were making alarmed the country far more than
all newspaper articles or any speeches made at din
ners or anywhere else. He would also suggest that
the English government should ask the government
| OF France whether some arrangements could not he
entered into to stop the warke and expensive pre-
partitions now going on in both countries. He was
sure II such question was asked the reply would be
Of such nature as entirely to alter the feelings with
which France is regarded by this country at the
present time. He would give his support to any
government that would adopt this proposal.
SirJ. GRAHAM thought the PROPOSAL Mr. Golden
would not be met in the spirit he anticipated. No
member Of the House was more earnest advocate
for peace than he (Sir J. Graham) was but when
he saw the large wsrke preparations made by other
nations that were now being made, he considered
that England ought not to be behind.
Mr.. GIBSON agreed with Mr.. Golden that II that
gentlemans suggestion was carried out, the great
expense this country Is being put to in increasing
the military armament would be found entirely I'M
necessary. We had no quarrel with France as yet;
| but whatever desences we commenced France made
similar ones; and France raised additional naval
force, England followed her example. 1t was most
Improbable rivalry; one could say where it might
| end.
Lord D. STUART said he was much obliged to
the member for Bucks bringing forward this ques.
ton, 1t had drawn from both sides of the Honse
such earnest assurances Of their desire to preserve
| intact peaceable relation with France.
The Delivery OF NapoIcon's VIII to the French
Government.
From the London Times, February 49,
An occurrence recorded in our impression Of yes
terday, though shaped in the unattractive form of
legal application and decree, Is of too interesting,
and indeed OF too important character to be passed
over without some further introduction of its pur-
port to the notice OF the public. On Thursday morn
| ing last the Queens Advocate appearing before Sir
j. Dodson in the Prerogative Court requested on be-
half Of the Secretary of State for Foreign Affairs,
that the original uM and codicils Of Napoleon Buo-
ndparte shoisd be Gclire'ed ont Of the Registry for
Su7yendertng to the Fench government. The appli-
cation was heard, argued as point Of law, and de-
cded like an ordinary case in favor Of the applicant
Napoeons will, therefore, will be transferred from
the keeping OF British Court to the cOustody OF his
own cOuntrymen, and this proceeding, following on
the translation OF his remains, may be said to ex-
tiDguish the last record of his detention.
The case itself, though simple, was not without
difficulty: Napoleon expired in the British posses
property to the amount Of some $500 within the
proper Jurisdiction of the court in question. In the
month Of August 1924, his will with seven cOdcils,
was duly proved by the Count de Monthoon, one OF
his executors, and deposited in the registry The
question now was whether, conformably to law and
usage, it could be taken from this registry and
surrendered to the keeping Of others. Lord John
| Russell, in whose name the application was pre-
fened, had communicated HIS intentions Of de-
lvering the will to the French government, and he
put In an affidavit to the effect that the whole
proceeding was based upon grounds OF public po'
served, that public policy" could not be allowed
to determine Of itself the decision Of an English
Court, but that the authority OF the Court to act in
the first place, and in the next the warrant for such
action, should be shown and established This
proved no easy matter. A search into precedents
disclosed only three in which assent had been
given TO similar applications, and these cases were
certainly wanting III precise analogy. we are In
clned indeed, to suspect that the parties to the
suit before us had been less remarkable the decree
might have been very difficult to obtain We az
not say that it was made contrary to law, ant
it was assuredy in all respects consistent will
proprety and wisdom but we very much doub
whether any case was established for the surrende
ON those grounds which were assumed exclusively u
be within the cOgnzance OF the Court. However,
doubt existed. and it turned as it should have
been, to the advantage OF the application and TIN
satisfaction of neighboring State. Substituting
merely the legal French authorities" in place O
"the French Government as the parties to whom
the will should be transferred, Sir John Dodsor
made the requisite order for its delivery from the
registry of the court. and the last testament
Of the first French Emperor will now find
its proper place in the archives of France
In the "publie policy" which Lord John Russell
put forward as the foundation of his proceeding,
the opinions of the country will entirely concur,
Beyond all doubt, it was advisable not only to
crafty the French government in an application
formally made and reasonably supported but to de.
monstrats on the part of this country prompt and
willing disposition to oblterate oil material records
Of transactions which there could be no utility IL
thus perpetuating. We gave an earnest Of our feel
ngs in this respect by giving up the remains OF Ma
poleon himself for translation to Paris and the cere
mony OF surrender and oblivion should now be com
plete by the delivery Of his will. Certainly the con
ceseion on our parts may seem of no great sgnid
cance but it is at least all that asked for and al
that it was in our power to make; nor are we with
authority of British court was strained tG
its utmost in complying with the request
Occurrences Of this character, slight as they may
SEEM. are in reality more important indications
Of national feeling than those noisy demonstrations
for which the expression of popular opinion some
times exclusively claimed In fact, if the history OF
the last thirty years is attentivey studied it must
needs convince every man that the course not only
Of opinion but Of policy in this country has been
uniformly in favour Of amity with France. In the
discussions and negotiations which supervened on
the treaty Of Vienna the voice of England was al
most invariably given on the side OF French inte-
rests the constitutional monarchy of 1880 VIGOROUSLY
relied on the friendship Of England the reliance
remained unbroken by the commissions Of 1913; and
the worst that be said even of 1862 is that Eng
shmen allowed their honest sympathies for French
to provoke them to freedom ofspesch unpleasant
to French rulers Those who have recently expatated
on the animosties Of the two countries, should re-
collect that nothing but an interest in French poll
tics, sincerely entertained, could possibly have ere.
ated the feelings referred to- and that it would have
been infinitely less complimentary to our neighbors
transactions 30 closely involving their social well
fare had been paseed over with the silence or ne