The Express.
London, England, 1859-11-19 00:00:00

LONDON. seruzzur. NOV. N.

Til letter of Prince Eetthith Dl CARIGNAN to
the CRSIMIIier BUONCONPAGNI wr ribiishen in 1
the Pietkiwagsse Gazette of Tuesday bat. Since than i
the telegrsph has done nothing bat report the
strong disapproval with which it hes been viewed I
by the French Government. This opposition is
incomprehensible, considering the sentiments which
the EMPIROR is always professing for Italy. If •
that curtailment of the programme of the war to •
which the preliminaries of Villa/ranee bore witness,
and which the EMPEROR publicly lamented imam- i
diately on his return from Italy, was regarded by I
him as a misfortune, should he not be glad of the
independent action of the free states which were not
represented at Villarnmcs, and whose rights he did
not, because he could not, give away ? That ac-
tion, limited to the indubitable rights of the 'gents,
cannot compromise him with his new ally.
Surely the agreements of Sovereigns who were '
strangers to the Central Italian States are not to he
put on a level with the solemnly expremed will of
those states themselves. If so, than is an end of all
independence, save for those which have overwhelm-
ing armies to protect them from the caprice of their
neighbours. The King of SAnotritA acknowledges
the rights of the small states to independence. No
doubt it is difficult to reconcile some obligations
which he has entered into with this recognition;
hence the embarrassment of his situation. The
Austrian way of keeping the engagement is disregard
to the rights of the Tuscans and other free Italians
altogether ; and this fairly simplifies the matter. It
remiss to be seen how the Sardinian Government
will set in the trying position in which the French
Government kne placed it. The Paris journals,
lAA this time teat week announced that the
Reims, bed been unconditionally refused by the
Priam Di Cann:team, now state that the Chevalier
2IIONCONPAGNI is about to extricate the Sardinian
Oeveranient hem an uneasy Mutation by declining
the Rageary. For the sake both of the Sardinian
and French deveranient• we should be sorry to see
each a coarse taken; but we apprehend tbat the
prime object, the anion of Central Italy, would not
be frustrated seen by such a measure. Perhaps even
it might be well if the United Provinces were placed
in • position to show the world that while preserving
the undoubted right to form alliances they can carry
OS their political and military administration
without extraneous aid. It is only common
prudence thee to provide for their own security.
They prejudge nothing in so doing: they only fulfil
the first duty of every state. There is se power in
the world, individual or collective, which is either
bound to perform it for them, or has a right to take
it oat of their hands. They, not a Congress, are the
judger of what is good for them. If the European
Powers assembled can allege that the Italian
States are injuring them, or any one of them, by
what they are now doing, they will have a right to ob-
ject, bat not otherwise. The pretension of a Congress
to be a special providence in Europe would be pre-
posterous. It would renew the follies and injustice
of 1813, and °meld never be admitted by this
country.

Tut General Order of the Horse Guards touching
corporal punishment in the army, is a singular
document. It is impossible to withhold praise from
the COMIAND6I.IIf-CHIEP for excellence of inten-
tion. So far as the offences to be punished by flog-
ging are defined—so far as the imprudent harsh-
ness of some commanding officers is restrained, the
order has its advantages. But at the earns time
it is impossible to read the terms employed by the
COMMANDIR-IN-CHIET without being utterly posited
to make out the real opinion of his ROYAL HlOll-
- IS to the character of the punishment with
which he is dealing. Is flogging good or had in its
effects? Does its infliction promote or relax
diati-
pline? Have the Hone Guards merely yielded
to popular clamour, or is this new order
the spontaneous result of acquired convictions?
Ho the Horse Guards believe that the order is
question is a final settlement of the flogging disc-na-
tion ? And lastly, is the order intended to be carried
into effect in good faith, or to be evaded and trifled
with, like so many orders emanating from the aims
source? To issue a command and to see it obeyed U.
two vastly different things, and nowhere is this
more commonly illustrated than in the British army,
The British officer is the creature of tradition and
prejudice, and any order which violates either is
practically a dead letter. Let us hope for a better
remelt in this case.

But, above all, let it not be imagined that this
General Order eta be a final settlement of the
Hogging difficulty. Hitherto, ma the very terms of
the General Order admit, the estimate of military
crime and the allotment of punialiniant by nouns
martial have been very unequal; and, in fact, it
is to remedy this serious evil that the maw
order has been issued. The new plan is
Betting aside time of war as exceptional, all
men on entering the army are to be taken as belong-
ing to the first close, and excepting in cue of

aggravated autism 000 duct are not to be liable to
esepsral punishment. Again, military arisen are
divided into two stems. Any soldier is the int
elm committing an Alum of the first clam, such as
drunkenness, riotous conduct in the streets, striking
a comrade, or escaping from confinement, is
not to be subject to corporal punishment.
But a soldier in the first class who commits any
ounce under the second head, such as desertion,
mutinous conduct, aggravated insubordination and
violence, drunkenness on duty, embeuling public
money, theft, or other disgraceful sots showing
vicious or unnatural propensities, may be degraded
to the second clams and if the like offence be re-
petted, may be Bogged. Moreover, a soldier in the
second claim committing a crime under the mond
head may, although he need not, at once be flogged.
And it must also be remembered, that after a
whole year's good conduct, the soldier degraded to
the second clue may be restored to the first.
To which it mast be added that the mew order is
completely suspended with respect to the army in
the field. The order concludes with a hope that this
elmification will deter the evil•disposed from com-
mitting offences justly subjecting them to severe
punishment, which, though necessary to maintain
discipline, should be restricted as much as possible.

It is not difficult to see the real feeling et the
Horse Guard,. in this matter. It is obvious that
they regard flogging as the necessary, if not the only
means of maintaining discipline. It is, therefore,
difficult to understand upon what ground they have
tied the hands of commanding officers, and have
prevented their enforcing discipline by what they
consider the moat efficacious means.

Physical oourage does not always imply moral
courage, and it almost seems as if the Hone Guards
had surrendered their own judgment at the call of
what they still believe to be a popular fallacy. But
in truth the surrender is much more apparent than
rest sol if any proof were wanting, hen it is. The
essonsem at Woolwich, which have in fact given
rise to this order, arose out of the excessive number
of desertions. The deserters were punished by
dogging, and according to Colonel NORTH and others
this punishment wee absolutely essential to stop the
imesides evil. The men of coons who deserted

re Wien of the best character. But consider the

aim regulations and what difference they will make.
A slight offence will degrade a man to the wooed class,
and then if he deserts be is liable to corporal punish-
ment. Desertion, in fact, is the very first crime
ander the second head. Our contemporary, the
limes, has discovered that flogging is now practi-
cally abolished. Indeed, this General Order is de-
clared to be the melt of its warnings and remon-
strances. During the Woolwich scandals no journal
was louder in denouncing the flogging system. But
in truth what change has been introduced—what
existing rule would prevent a repetition of the same
thing? As before, a soldier of questionable cha-
racter. if he deserted, would be subject to corporal
punishment. And, indeed, it seem that under this
General Order the very sane soldiers who suffered
flogging at Woolwich for desertion would be liable
to the same punishment ander the reformed system.
The truth is, that the change is a change more in
maw than in subetanoe.

But let it sot be supposed that these remarks are
made with the view of undermining the discipline
of the army. The crime of desertion is perhaps the
most serious crime a soldier cas commit, and in war
should be punished by death without scruple. In
peace, if not punished capitally, it ought not to be
trifled with. According to the Horse Guards, backed
by General Part and Colonel NORTH, the discipline
of the army cannot be maintained without flogging.
if deserters are not flogged the whole army will
become deserters. These short-minded pedants
know that thirty or forty years ago flogging
was considered an essential principle of discipline.
It is quite true that in those days flogging was a
real punishment, and the man who suffered it was
considered disgraced. Then public opinion sanc-
tioned the punishment; but now the whole thing is
changed ; every soldier who is flogged is a martyr.
However infamous may be his character, he is
elevated em the victim of a great principle. Thus
the men who are degraded are the officers who order
the punishment and the doctors who preside at its
execution. Flogging, instead of being a degra-
dation, is in fact a canonization. The consequences
are obvious and deplorable. Discipline is relaxed.
Officers are coerced. Bad soldiers ate made more
insolent and more insubordinate. It is impossible
to maintain a punishment unless the public voice
will continue to call it a punishment, and the history
of flogging is no exception to this axiom.
Why then persist? It is idle to say that no other
punishment exists or can be invented. It is childish
to pretend that if desertion and drunkenness are not
to be punished by logging, they cannot be punished
at all. Surely, the Horse Guards are not so igno-
rant as to suppose that flogging is essential to the
discipline of an army. Neither amongst the French
nor the Piedmontese, nor the best armies is Europe,
is anything of the sort permitted. And even in the
British army the very same argument adduced to
prove the necessity of fifty lashes used to be adduced
to prove the necessity of five hundred. We set aside
for the present the fact that digging fails in accom-
plishing its purpose, though it would not be difficult
to prove the proposition. We restrict ourselves to
the ground that a punishment, in order to be a
punishment, must be supported by public opinion,
and it u abundantly clear that flogging bar long
ceased to enjoy this privilege.

ALLEGED CORRUPTION AT NozwICH. —lt has
been inentimeal abet • committee of the Norwich Town
Conned had instituted proceediege against Mr. Collies and
Mr. Croxford for aitemptieg the sommtbn ef Mr. Joel
Pea, who received so instalment a 15001., apes the under-
stemang that he would vote for the deed+ of emeervative
alderms. At the further examinathm whit* has takes
dxtttaitbefore dee city nagletrates, Mr. Creaked woe not
and no one baa trim able le dimmer
the phew of bb retreat, although his pheagraph bee bees
mot all mow the kingdom. Mr. Belkiselme appeared es the
side of MT. Cale', Sad SaoCalded in pementing evi-
dence from being given. Mr. iformy, the Maker,
woe called se • WitatlN and speestimell as to an
interview which took place at his adios between Un-
tied, Sir Samuel Bigsold, end Mr. Collins, and also as to the
transfer of 600 L at the widow bed no seam taken oath
to declare the troth thea he refusal te asewer_esyseestlee,
upon the ground that he might candelas klmee L The
beach leaded that be &honld meow. and, as he asthma
to refuse, btu easseleal was proposed. This point, berme
wee delayed. Than came a clerk and the maker of Mr.
Harvey's beak. TM clerk told the little be know;
but the costlier refused to make any statement
respecting the entry of a sin of 6001. as the
day Sir Samuel Birthed met Mr. Collins end Mr.
Harvey. Comequently the questios aim arms whether the
welder should sot be committed tee sentempl et amt.
Ile magistrates adjearerd the laveeti, Murder to tabs
the advice of counsel. Mr. &Ijssel llalteeMere mid be met
apply to the beach to bear a owe Is white a onmerms bad
bees greased against William Wilde, William Wilde the
7, William George Wilde, Jam.. Skeen and air
11Prass Feeler, Dart., (liberals), for • oosepiratiy b bribe
at the lees elsetkm for the city of Norwich. Mr. Power—
MAM flar the day le the evil thereoL Mr. Sagest Cal-
lantime-1 meet Most to my own tendon'. I pre& It to
My lammed biome's. The Mayor Intimated that the maple-
, bates maid go Into tb• case. The inquiry wee them ad-
-14.1.1A, do bail of Mr. Collins, the present dellindant,
bring -adept be WA reeprereace.
A PALMY Cute.—The Cheltenham Board of
awakes me se leggerbeede with Mr. Walters, one of their
maid eisms. Hi hoe Merged the w amputation lee" for
matte' off a portion of a men's thumb, and the board con-
tend that this la sot ea aroputatios." It was determined
the clerk should write to the poor-law board to sok " whether
the amptdetion of the first phalanx of the thumb was each
Si amputation as ems contemplated by the act of pediment,
the board oossidering the ewe to be only • removal of • por-
Oen of the thaab,"