The Express.
London, England, 1847-08-19 00:00:00

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position is an untenable one,—and that he cuts a very
absurd figure in it.
Mr. MOBERLY is not to suppose that by laying
down a series of positions which command the assent
of the readers of the limes, he can persuade those
readers on the strength of that reasonable anent
suddenly to make a jump at his farther conclusions.
" The system of fagging," he says, " is a system (and
the only one that I knew that is capable of doing its
work) of government and protection. It gives to a
definite number of the most select boys in the wheal
a responsible authority. It intrusta them with a
limited controul, and places in their hands the
duty of resisting the tyranny of mere strength."
Now, why should Mr. MOBERLY—who sees so
clearly what is wanted—waste his time in thus beat-
ing about the real question at issue ? Can no other
system be devised which should " give to a definite
number of the most select boys a responsible autho-
rity " than that of ft:o3g ? Is the best way of
placing in the hands of his scholars " the duty
.of re-
sisting the tyranny of mere strength "to give an
authorised tyranny to the strongest ? If the world be
of opinion that the system of fagging is a bad one,
then it is incumbent upon Mr. MOBERLY to show that
no other is possible by which the objects can be ob-
tained that we and the world have agreed with him
are desirable,—ere he can consider himself as having
strengthened the Winchester case by his volunteer de-
fence. For ourselves, if he could establish the theorem
in question, the success of his argument would go far
toward' convincing us that great public whool are,
for that reason alone, unfit places of public education.
Instead, however, of doing anything of the
kind, Mr. MOBERLY complicates the confusion
of his argument as we have stated it, by the
gratuitous introduction, as he Foes along, of a
number of minor fallacies—thrown in with a liberality
of self-contradiction wonderful in a scholastic head-
master. A system of fagging is greatly. needed among
his paragraphs to reduce them to 'order, and " resat
the tyranny of mere strength" with which he would
thrust discordant propositions upon us. He in-
sinuates, for instance, that the little boys
Lice being fagged better than the big ones
like fagging them:—and that, "in the greatest
number of instances in which boys have suffered ill-
treatment," the cruelty has proceeded from boys in
the lower parts of the school—the prefects being " too
timid or feeble to prevent it !" In the latter case, we
do not see the use of the prefects; and the system of
checks in the fagging world is deficient even on
Mr. Moenatv's own partial showing.—Finally, as
if driven to desperation by the unmanageableneas
of his cause, and the contradictions into which it
is leading him, the Head Master rushes into one
of those extreme assertions which are the expression
of a forlorn hope, but a settled purpose. In proof
that he really does mean something by his defence of
the stem as existing at Winchester though he can-
not justify it in words, he gallantly
.declares that in
his opinion the fault is, that the fagging power, "so
far from being excessive," is not great enough !—Here
we leave Mr. MOBERLY ! We will not " march with
him through Coventry"—at which we presume he is
now arrived. We can only add, that, after such a
declaration, and the case which has led to it, we are
not sanguine as to the prospects of Winchester school
under the head mastership of the Rev. GEORGE
MOBERLY.

EVERYBODY feels that the trial of Lieut. Menseo
was a mere piece of form. He surrendered himself
to take his trial, perfectly convinced that he ran no
risk of a severe sentence, in order that the slight re-
straint to which be might temporarily be subjected,
once over, he might feel perfectly free. The judge and
the counsel for the prosecution struggled hard which
should pronounce the most ardent eulogy of the pri-
soner. His own counsel felt so strongly the want of
reality in the proceedings, that he could not get up a
decent show of warmth. The verdict was " guilty,
with a recommendation to mercy ;" and sentence was
"recorded"—the indirect manner in which our courts
give prisoners to know that they are in no danger.
The whole affair presents a striking analogy to the
process facetiously called " whitewashing," by which
insolvents, under the old bankrupt law, by subjecting
themselves to a temporary inconvenience, escaped
from awkward responsibilities.
We do not complain of this. Lieutenant MUNRO
has already been punished for his offence. He has
lost his commission—the main, if not the sole, source
of his income—and is understood to have been brought
in consequence to e state of poverty, with a large family,
chiefly daughters, dependent upon him. The preca-
rious and painful position to which he has subjected
himself—still more the condition into which he has
brought those who are dearest to him—cannot fail
to awaken feelings and reflections in the mind
of a max such ea Lieutenant MUNRO is said to
be that are of themselves a severe punishment. But
the main end of punishment being to deter others
from like crimes, this sort of " Jeddart .justice," as
the Scotch phrase it, by which a man is punished
first and tried afterwards, is likely to divert public
attention from what he suffers in consequence of his
offence rendering the infliction, in a great measure,
unavailing. It may serve to check the ardour of in-
tending duellists if his example can convince them
that the operation of the laws against single combat
can indirectly entail a large amount of misery on
offenders even when their formal sentence may seem
comparatively light.
If it were possible to combine with a lively sense
of the grave inconveniencies the duellist runs the
risk of, a clear perception of the blended absurdity
and criminality of his conduct, a great point would be
gained. Towards this end. some simple facts which
have transpired respecting the proceedings on the
field where Colonel Fawcerr fell are valuable con-
tributions.
Lieutenant MUNRO, asboon as he had shelo
his opponent, turned to the spectators (seconds) and
seed apologetically—" Did yon see him cover me es
close as possible, intending to shoot me ?" And his
next step was to advance to the man he had killed
and graciously address him,—" Cod bless you FAw.
CET? ; I forgive you." To the uninitiated in the
mysteries of duelling there appears summing
exquisitely absurd in the idea of complaining
that the man von have challenged tries to hit you.
Are we to understand that gentlemen who look to be
thought courageous for meeting in single combat
expect that their adversaries are not to aim at them?
Are duels only fatal by accident? If so it will be
advisable in future, for the prevention of accidents,
that seconds not only take care to prevent the parties
from taking aim, but leave out the balls in loading, to
avoid the danger of accidental hits. Since duelling has
been refined into the mere formality of two gentlemen
firing pistols in order to miss each other, it mast be
very provoking for one of them to lose his life by
chance medley—pointing the old moral of the danger
of " allowing fools and children to meddle with edge-
tools." This is sheer folly ; but the blessing and for-
giveness bestowed by the killer on the killed blends
the ludicrous with the horrible. Were not the image
of the dying man too painfully and vividly present, it
might rival some of those butleigne siMaUom infirm
where the mischief-maker pardons his victim and ex-
horts him to think no more of it. It is as if old LOYAL
had asked pardon of the executioner.
When will grown men have sense enough to aban-
don the perpetration of such horrible follies? The
apology for the practice of duelling is, that it has re-
fined manners—that it keeps the ribald and indeco-
rously passionate in check. The truth of the assump-
tion on which this plea rests may fairly be doubted.
Instances are known of men who, possessed of skill
in arms and constitutional insensibility to danger,
have availed themselves of these advantages to trample
alike on justice and decorum. But admitting
the view to be correct, death does seem rather an
exorbitant penalty for rudeness and Incivility.
Duellists affect to be generous. Surely they will not
continuo more implacable than the meaner spirits
who condescend to seek reparation at the hands of the
law. Ono by one this vulgar class are coming to the
conviction that death punishment is too severe for any
crime :—will not the men of honour erase it from their
code also? Let them but reflect on the character they
assume in the eyes of the world, when they take upon
them to inflict death for any wrong (real or
imaginary) that has been offered to them. They are
then neither more nor less than hangmen on their own
behalf. The most vindictive clamourers for the up-
holding of death punishment by order of law have the
good taste to desire that this office should be performed
for them by deputy.
If in these remarks we have dwelt more emphati-
cally on the folly of duelling, it is not for want of a
strong sense of its criminality. There is a difference
between a duel like that between Lieutenant Mosso
and Colonel Fewcrrr, and • duel like that between
• -^,Atunt and Dmireinsaa. The Weer le a sew

111billw Cl lathier doom* but the forum, free

though it be from these revolting accessories, infers
deep culpability aomewhere. Either the combatants
urged on the meeting from vindictive feelings, or
having in a moment of heat got into a relative posi-
tion which they feared might compromise them in
the eyes c their associates, they had not the moral
courage to extricate themselves, but looked to friends
to do them that service. Ou the former supposition,
each of the combatants tried to kill or wound the
other from angry feelings arising out of a squabble
about money matters. No point of honour, but the
desire to appropriate the larger share of the price of
a house, roused their passions. On the alternative
supposition, the guilt is transferred in a great mea-
sure from the principals to the seconds. The ostensible
cause of the meeting was a slight offence which might
have honourably been explained away or apologised
for. The decision of the two seconds to that effect
would have compelled Colonel FAwcerr to do so, and
have left not the slightest shadow of imputation against
his honour or courage. It was the duty of the
seconds to prevent a meeting for such a trifling
cause. It is not easy to conjecture what apology
they caa offer for not having done so. On such occa-
sions the principal is understood to pat himself impli-
citly under the direction of his second. The second,
who, for slight cause, carries his principal to the field,
incurs the suspicion of having either callously per-
mitted a meeting to take place which he could have
hindered, or of having consented to be the stalking-
horse from behind which his principal tried to get a
deadly shot at his adversary. They may apportion
the criminality as they please, but there is a murderer
among them.

A summary of the following appeared in the
Express of last evening :
Our Paris correspondence of Tuesday has been re-
ceived. In the absence of the court and the principal
members of the government, and the suspension of
the Chambers, there is little intelligence which can
interest foreign readers. The Prince do Joinville
having surrendered the command of the Mediterra-
nean squadron to Admiral Trehouart, arrived on Sun-
day night. With the exception of the Jupiter and
the Jena, and the steam-frigate Magellan, which
have been sent to Tunis, the remainder of the squa-
dron lately commanded by the prince is in the Bay
of Naples. The prince is reduced to a state of ex-
treme debility by severe attacks of dysentery. He
is now at the Tuileries with the princess and the
Duke and Duchess d'Aumale.

We have received the Madrid journals and corre-
spondence of the 12th. The letter of our own corre-
spondent, as well as other advices, indicates the
probability of an immediate modification of the
cabinet by an infusion of more liberal elements. The
arrival of the Queen was expected at Madrid on the
night of the 12th from La Granja. It was reported
that a council of ministers was to be held at the
palace on the 13th or 14th, at which the Prince Con-
sort was invited to be present. It was said, however,
that the Prince would not accede to this request. All
reports agreed in naming M. Salamanca as the head
of the new cabinet, in which some of the leading pro-
gresistas would take a part. General O'Donnell is
recalled from Cube, of which he has for several years
been the governor. It is not true that he is to be
exiled, as was reported. Measures for the further
suppression of the droits crentrjes were in progress.

It seems probable that the discussion of the mea-
sures necessary to be adopted to enforce tho decisions
of the Swim diet against the recusant cantons, will
be postponed until October, in order to give the can-
tons of the league time to comply voluntarily, if they
will, with the requisitions of the federal government.
The debates which took place in the diet, on the pro-
position to adopt the recommendations of the com-
mittee of seven, indicate plainly enough that the
cantons of the Sonderbund have no very determined
purpose of opposing the central government, if mea-
sures of force be resorted to. Instead of avowing
such a purpose, the speeches of their deputies are
generally evasive, some asserting that the convoys of
arms coming to the cantons were mere commercial
enterprises, and others denying that any extraor-
dinary armaments had been attempted, and saying
that the reporta received by the vorort were exagge-
rated and false. Letters from Berne of the 13th fully
confirm what we gave yesterday respecting the note of
Lord Palmerston. It is certain that a copy of the
note has been delivered to President Ocheenboin by
Mr. Peel, and that it is to the effect, first, that Eng-
land will not interfere with the internal affairs of
the Swiss confederation; secondly, it recognises the
right to re-constitute and re-organise the federal rela-
tions of its component cantons as it may see fit ; sad
thirdly, it says that England relies upon the limning
of the president of the general government to make
the decisions of the diet respected by the cantons.
The ordinary business of the diet will be concluded
about the end of the present month, after which an
adjournment will take place, and an extraordinary
session will be held in October, for the special purpose
of deciding on the means of enforcing the decisions
of the diet, if they should not be meanwhile respected
by the cantons of the league. It is said that at pre-
sent the military department of the vorort has it in
its power to call out, at two days' notice, an army of
thirty thousand men, fully armed, eqaipped, and
exercised.

The Augsburg Gazette states that the frosty be-
tween the Sardinian government and the Pajial %ibis
has been ratified at Rome. On the occasion of the
anniversary of the executions of Cosenza, services
were celebrated in the churches at Pim, Bologna, and
other places. The differences between the Austrian
and Sardinian governments on the subject of the tariff
were not yet settled. The same journal says that the
questions of the Italian railways have been definitively
settled. The line from Rome to Cabrano by Albans,
is adjudged to the company presided over by Prince
Alfieri and M. Roeetti ; that from Bologna to Ancona
`will be given to the Bolognese company.

MADRID, Aro. 12.
There has been much talk of late of the cabinet
getting purged of the stiffer moderados, and a coalition sue-
reeding between the Salamanquists and the moderate sec-4
tiara of the propellants. Pacheco has been starching his pu-
ritanism more sad more with moderado tendencies, write
Salamanca has been making hopeful strides in a liberal di-
rection. It is clear that the head of the ministry and the
heart of the ministry (for so the chief and the financial mi-
nister may be justly mlled) are pales different ways, and
the upshot will be a speedy &Indmica of the Pacheco-Sala-
manca partnership. The above indicated coalition succeed-
ing, the tint step will be the &solution of the Cores, for not
above one-sixth of the pneent votes belong to the
peograe-
istae. It would be union.* wimp feather open tW mow
peel at present. Ideanwidle, lbe madman an In a elate of
indescribable agitatiss et the here idea of rmy suedes et the
liberals coming into power. They axe Made( weary awn
to avert this drawled ouneammatien; while** organs mail
the progredstoe with envy available shin dreproach, ridi-
cule, or calumny.
There is no news from La Gra* et the Wet interest. It
seems that by way of giving beat Sow Primo his whistle,
the Queen ordered nee ibenadee to piny ea the Ott. She is
expected in the capital loon after daybreak to-morrow.
There are no farther rumours as to how the negotiations
with the Pardo are marching. The Faro says that Serrano
intends to easemgra his late secretary Ramirez Arras to
Jaen, where the Mar is appointed commander-general of
the troops. By tat coq, the Conde de Thomar was at La
Granja on the 9th to Me leave before his return to Portugal.
Senn Leal is Po chargé d'affaires ad interim.
A latter from Mob., in the Expedador, gives notice of
the mane of the
ajgaapeart of the prisoners from the
presidia, ma the Otis Ith. They are supposed to have
maimainen eesopt with the Serrano de Ronda,
end to lave totes rakes la that wild district, so noted for
its breed of belmodsonsookes, rebels, and maurais sujets
of all deseriptimn Wletbm then mope was the conse-
quence of *ogled or emainam an the part of the
is net known. Bat it is feared that their
gauss
will be succeeded by an outbreak against the
is the region which ill threatened by
premise. The mansercial reforms of Sabarese
to end the senoggler's occupation, of which dam
e eistitin amigo the number at 300,000, no
them rainy will es long strive to out-do the Carlisle
in giving tremble II tie government. This consideration
renders the ewes and glisotion taken by the fugitive felon
a matter of nem
The two maths piargiulei=. by the protocol of May 21 for
the stay of the Spanish beeps in Portugal having expired,
Senor Ayllon bee sent orders to Brigadier Beloit& to evacuate
Oporto, and withdraw the remainder of the Spanish army
of intervention into Spain.
The Emeroasa mys that Seam Salamanca has desired all
the doereannie 'aloft( to the Mean cordon to be laid be-
fore him TM iridoreler we mailing the poor Minister of
Manes with Ike Nita Must as wind.
. ..

IT endless polemical ii;;taToiTi7ioing on between the
Faro and Corm about the balance which remained due by
the government to the Bank of San Fernando when Mon
went out of OEM. This the Correo states at 217 millions of
mak, and the Faro at 76 ! The sort of thimble-rig of which
one or the other party must be guilty in the concoction of
their scoottots must be an edifying spectaclefor the country.
General Pena issued, on the 6th, the following important
cireular to the political alas of Catalonia :
1. as loan ea nodes to obtained that say ayaataatiatto or dim of
Mince has &limed sums deossmied by the rebeM, soder the tide of