The Express.
London, England, 1867-10-19 00:00:00

THE EXPRESS, SATURDAY EVENING, OCTOBER 19, 1867.

gion for its basis. But is the British constitution
less secure, or is the power of Parliament to place
the elementary education of the people on a purely
secular 'oasis less indisputable on this account ?
We must take into consideration the circumstances
and conditions which surround this question of the
Concordat in Austria, in order to do justice to the
EMPEROR'S good faith. Indeed, his frank and
friendly reception of the Municipal Council, con-
trary to the disquieting rumours that prevailed, is
in itself an earnest of the sincerity of his inten-
tions. On the other hand we cannot but applaud
the firmness of the Municipal Council and of
the Reichsrath in asserting the principle that the
Concordat must go the way of the Government
that signed it, and share the fate of the institu-
tions that sanctioned it. It is no new thing that
the Church of Rome should demand paramount
authority, ecclesiastical and civil, wherever it
can ; history teaches us that it is only where this
paramount authority is impossible that it is con-
tent to take its share of liberty. No doubt these
twenty-five Austrian Bishops are conscientiously
persuaded that modern civilization, wider the
guidance of liberal ideas, is travelling along the
broad road that leads to destruction. " Take
" this," said a shrewd observer of these conflicts,
"as the key to all the policy of the Coui t of
" Rome, and then consider how many doors it
" will unlock." Well then, the Reichsrath is
entitled to reply, let the door of the Concordat be
broken open in the name of the law.

OUR CONTEMPORARIES.
(THIS DAY.)

The Times continues vigorously to attack the pro-
jected intervention of France in the Papal States. If the
two armies meet within the walls of Rome • collision is
almost inevitable. Of course the contest would be a short
one. But France should consider what the result would be.
The world will not be satisfied that what she wants in Italy
is anything else but revenge fur the check she has met
with in Germany. If the September convention has been
violated it has been by the French government or its agents.
Then there is • third party nearer the goal than the
others whose name is Legion, whose war-cry is the re-
public, and who, rallying under the blood•red standard
if baulked of their own prize, would seize on Naples and
Sicily. After all, when Napoleon has again the Pope
all to himself in Rome, what will he do with him ?
In other articles the Times discusses Lord Derby's speech
at Manchester, and the inconsistency of the Bishop of
Capetown in retaining endowments which were created for
a totally different purpose.
The sight of Lord Derby in • Free-trade Hall vindicat-
ing household suffrage and talking of free trade, is •
spectacle, the Daily Nrc-a says, such uis not presented
once in • century, and the less frequently it is offered the
better for the political morality of the country. There
needed only the presence of Mr. Bright as • spectator in
one of the side galleries of the great building to complete
the irony of the situation ; for he has really pulled the
string of the puppets who were performing their strange
gambols. Lord Derby is the captive of his spear and bow.
Perhaps the moat humiliating feature of the Manchester
banquet was the absence of any sense of humiliation
on the part of the chief guest ►nd his entertainers.
His complaint that Mr. Gladstone early manifested a dis-
position to throw out the government, is answered by the
fact that Mr. Gladstone did Lord Derby and his colleagues
the honour of believing that they were acting on convic-
tion, and that they would adhere firmly to the measure
which they bad proposed, a measure which no liberal
could accept as • settlement of the question. Mr. Glad-
stone judged too much by the ordinary practice and rules
of statesmanship. Lord Derby has unexpectedly sunk
below these rules and that practice, and aimed a serious
if not deadly, blow at the morality of English parlia-
mentary life.

The Manchester banquet is also dwelt upan by the Past,
Standard, Star, and Telegraph.

THE WEEKLY PRESS.

The Spectator believes Mr. Disraeli's supporters
have been over-persuaded that it was wise to give up
physical control in order to secure a greater moral in-
fluence. But they have not even had the *ease to face
the great truth, that with a totally new machinery must
come a new and, to them, startling class of innovations—
many of them, we sincerely believe, valuable---which they
will have little power to resist. The general inference we
draw, adds our contemporary, from this quaint simplicity of
Mr. Disraeli's political instruments is, that they are not
useful for any purposeexcept to be managed by Mr. Disraeli.
We admit that they have acted in good faith in what they
believed to be the interests of the good old conservatism,
but when we admit this, we only say in another fowl that
Mr. Disraeli has the power over them of those eleotra-
biologists who tell their patients that a taste or a smell is
nauseous when it is sweet, and that it is sweet when it is
nauseous, and who persuade them thereby even to enjoy
the imaginary sweetness or shrink from the imaginary
nausea. Mr. Disraeli, having once rid himself of those
three statesmen who were not, as mesmerists say, subject
to his mesmeric influence, has told all the rest of the
cabinet that democracy is conservatism, and has been, and
is, believed. No electro-biologist ever yet performed so
great ► feat as that !
The Examiner commends to the attention of all whom
it may concern, the denunciation of Lord Derby and his
principal cabinet colleagues in the new number of the
yeartedg Rtri, tr. It is not instability of purpose or ob-
scurity of vision with which Lord Derby, Lord Stanley,
and Mr. Disraeli are upbraided by their own chief spokes-
man in the periodical press ; but with perfidy aforethenght.
treachery indelible, and the use of every artifice of political
knavery known amongst men. These are the articles of
impeachment set forth by a familiar friend—by one, if
rumour is to be believed, whose sources of information are
the best, and whose rare ability shows itself in every
page. In both houses ere the session closed, words of re
probation equally scathing fell from several of the noblest
and most honourable men in the conservative ranks with
respect to different parts of the ministerial design and de-
meanour. But all that was uttered in this sense by Lords
Shaftesbury, Carnarron, Ellenborough, and Cranbortte, by
General Peel, Sir Rainald Knightley, Mr. Beresford Hope,
or Mr. Earle, is combined and intensified in the pitiless
bill of indictment in the Quarterly Iterie
The Saturday lirriere, referring to the rumour that the
French intend again to occupy Rome, asks what in so
gloomy and critical hour, will be the decision of the Italian
cabinet' The whole liberal press of Europe, with scarcely
a single exception, has been during the LUIS week cheering
the Italians on, as a gallant, clever, cunning people, capa-
ble of making noble sacrifices, and deserving of all our
sympathy. The golden hour-glass of opportunity is, how-
ever, running fast against them. The delay of the Roman
revolutionary party inside the walls is most serious.
A week Ago the French Emperor was still surprised
and undecided; to-day his policy is perhaps formed
and his mind made up. One thing is certain—
that the Italian government cannot afford to he
at variance, on the subject of Rome, with the whole
of the Italian nation, and that whatever risks are to be run
must be shared by King and people. M. Mazzini cannot
be left to lead Victor Emmanuel on the path to Rome.

FOREIGN-OFFICE, Ot-t. 17. —The Queen ham been
pleased to approve of Mr. John Johnston, as Consul in
New Zealand. to reside at Wellington, for his Majesty the
King of the Netherlands.—Gazette.
. .

TIE QUEEN'S SC SIMONS. —The Lancet announces
the appointment of Mr. Hilton, F.R.S., President of the
College of Surgeons, and Mr. Prescott Hewett, of St.
George's Martel, as the new snrgeons-extraordinary to
her Majesty, in the place of Sir William Ferguson, who
has been appointed sergeant-surgeon, sod Mr. Paget, who
has been sergeant-surgeon extraordinary to her Majesty.
MICHAELMAS Tsem.—Tenn begins this day fort-
night (November 2), when the Lord Chancellor will
receive the Judges at his residence. His lordship will
previously express the approbation of her Majesty to the
choice of the city of London in the Lo•d Mayor-elect.
Before the Judges of she Common Law Courts assemble
at the Lord Chancellor's mansion they will meet at the
Central Criminal Court to appoint the sittings for the
ensuing year. Two acts were passed in the late session
for the despatch of business in Chancery and in Common
Law, and when the New County Court Act has been some
time in force. and before the anniversary of the term, the
soperior courts will be relieved of much business and the
labours of the Judges lessened.

the Court.

BALMORAL. Oor. 17.
The Queen drove out, accompanied by Princess
Louise and Prince Leopold, and attended by Lady lay.
Mr. Theodore Martin bad the honour of dieing with the
Queen and the royal family.
The Duke of Buckingham has arrived at Balmoral, and
is the minister in attendance upon her Majesty.
Mr. G. D. Engleheart baa also arrived at the Castle.

The Prince and Princess of Wales, with Prince Albert
Victor, Prince George, and the Princess Louise, arrived at
Marlborough-house from the continent at one o'clock yes-
terday.
In attendance upon their royal highnesses were Vis-
countess Walden, General Sir Wm. Knollys, Lieutenant-
Colonel Keppel, and Mr. Holzmann.
Despatches were sent yesterday from the Colonial-office
to the Governor of Malta

The Earl and Countess Amherst and Lady Con-
stance Amherst have arrived at Montreal, near Sevenoaka,
from visiting the Marquis and Marchioness of Downshim
at Hillsborough Castle, county Down.

Lord Stanley, M.P., returned to town yesterday
from Knowsley.

By the death of Lord Fitzhardinge, Captain Hand
becomes an admiral, and the lucrative post of superinten-
dent of mail packets at Southampton, now held by Captain
Hand, will be vacant.

We understand that Lord Lytton will tako tho
chair at the public dinner to be given to Mr. Charles
Dickens on the 2nd of November, at Freemasons' HaIL

Mr. Forster, M.P. for Bradford, and Mr. J. S.
Powell, M.P. for Cambridge, who have been staying at
Constantinople for some time, have left for Mousse, from
whence they intend proceeding by the land route to
Smyrna—" rather a courageous proceeding," observes
Gotiosinni, " in the face of the daring brigands who have
so long invested that locality with impunity." The Hon.
Mr. Lindsay (the Master of Lindsay), son of Lord Lindsay,
and party, who had been visiting the Turkish capital and
neighbourhood for some time, have left for Smyrna, on a
trip to Asia Minor.

On Thursday evening Mr. Coleridge delivered
an address at the Royal Public Rooms, Exeter. The hall
was crowded to excess, and the meeting received the hon.
gentleman with the greatest enthusiasm. Mr. J. C.
Bon RING, J.P., took the chair, and was accompanied on
the platform by, amongst others, Mr. T. D. Acland, M.P.,
and Sir John Dowring.

Mr. George Wilson, who has so long officiated as
depatychairman of the Lancashire and Yorkshire Rail-
way, has been unanimously elected to the office of chair-
man, rendered vacant by the death of Mr. Wickham, M.P.

It is stated that Mr. Anthony Trollop°,
ambitions of a seat in parliament, will stand for Birming-
ham at the next election.

A story by Mr. Arthur Helps will begin in the
next number of Mrtestieltan's Mart:inc. Kiss Yonge is
also to eminuence a tale in the same magazine.

It appears that nest August there will be visible
over a large area of Central India a total solar eclipse, the
duration of which will be double that of '6O. Mr.
Pritchard states in Good Words that skilful and properly.
instructed persons will proceed to India from England to
take some important scientific observations.

A musical magazine, containing original contri-
butions by living composers, is to be started on the first of
of next month, under the editorship of Mr. Lindsay
Sloper. It will bear the name of Hanover Square. Each
part will contain font compositions—two for the pianoforte
and two for the voice. Among the regular contributors
will be M. W. Balfe, John Barnett, Jules Benedict,
Rene Favarger, Virginia Gabriel, J. L. Hatton, W. Kuhe,
G. A. Macfarren, Walter Macfarren, Brinley Richards,
E. Silas, Henry Smart, Boyton Smith, Sydney Smith,
Arthur S. Sullivan.

DEATH OF LORD COLCHESTER.—We have to an-
nounce the death of this nobleman, which took place yes-
terday afternoon, at his residence in Berkeley-square, after
• painful illness of eight months, arising from paralyes.
The deceased, Charles Abbot, was son of the first baron,
by the eldest daughter of Sir Philip Gibber!, Bart. Born
in the parish of St. James's, Westminster, 1798 ; married,
1836, the third daughter of the first Lord Ellenlorough
(she was born 1799) ; succeeded hie father is 1829 ; edu-
cated at the Royal Naval College ; entered the navy in
1811 ; became an admir►l on the reserved list in 1864 ; was
Vice-President of the Board of Trade and Paymaster-
General from February to December, 1852; Po•tmuter
General from February, 1858, to June, 1839. The first
peer was Speaker of the House of Commons for fifteen
years. His father was the Rev. John Abbot, rector of ALL
Saints, Colchester, whose widow married, secondly, Jeremy
Bentham. The deceased peer is succeeded in the family
honours by his only son, the Hon. Reginald Charles Ed-
ward, born in 1842, educated at Christ Church, Oxford,
where he was second class in classics 1861.

DEATH Or LORD FITZHARDINOE. —Admiral Lord
Fitzhardinge, G.C.8., died on Thursday at Berkeley
Castle, Gloucestershire. His lordship was born in 1788,
and married, first, in December, 1823, Lady Charlotte
Lennox, sixth daughter of Charles, fourth Duke of Rich-
mond, which lady died in August, 1833 ; and, secondly, in
September, 1834, Lady Charlotte, third daughter of the
first Earl of Duets. The deceased peer entered the navy
in June, 1802, and distinguised himself in 1803 at the cap-
ture of a schooner by boats, commanded the gunboats in
the Tagus. co-operated with the troops in the lines of
Torres Vedras, and was thanked in public orders by
the Duke of Wellington. Ho commanded the Thunderer,
84, at the capture of St. Jean d'Acre, for which be was
mane a Companion of the Order of the Bath, and received
the gold medal. The gallant lord was one of the Lords
Commissioners of the Admiralty from April, 1833, to
December, 1834; from July, 1837, to March, 1831); and
again from July, 1846, until March, 1852, and subeequently
from December of the same year to 1857. From December,
183.3, and for a long series of years he represented Glou-
cester in the House of Commons. On the death of his
elder brother, the late Earl Fitzhardinge, in 1857, he be-
came a claimant for the barony of Berkeley, by tenure of
Berkeley Castle, in which he was unsuccessful, and was
Immediately afterward' erected Baron Fitzhardinge, of
the city anal county of Bristol, in the peerage of the
United Kingdom. The late admiral was made a Privy
Councillor in 1855, and a Grand Cross of the Order of
the Bath in 1861. He is succeeded in the family ho-
nours by his eldest son, the Hon. Francis W. Fitzhardinge,
born in 1826.

A " RIDING OPINION.—Sir Thomas Maitland,
while he was Governor of Malta, and Sir John Sewell,
the Chief Justice were in habit of taking an afternoon
ride together. The Governor had a dispute with some of
his subjects, over whose property he considered that go-
vernment possessed certain rights. 'While riding with the
Chief Justice he stated his case and obtained an opinion
which coincided with his own view of the matter in every
point. A suit was commenced, which in due time came
before Sir John Sewell for his decision. The sentence was
given in clearand strong terms—government was nommited
and condemned to pay the whole expenses of the lawsuit.
On the first occasion he could find, or make, the governor
expressed his surprise to the Chief Justice, adding, "Why,
Sir John, you gave me an opinion directly contrary to your
decision !" The Chief Justice replied, "Sir Thomas,
that is impossible ; I gave an opinion on env vise
that was likely to come before me as a judge." Sir Thomas
Maitland then reminded Sir John that it was when they
were out riding. The information raised a smile on the
Judge's countenance, and he said, " Ah, I see it, Sir
Thomas ; that was a riding opinion ; I never pay any at-
tention to anything that looks like law when I am out
riding, and I always adopt the opinions of my companions;
it tends to make the ride healthier es well as more agree-
able."

THE RECORDER OF WARWICK ON THE LIMEHoUSE
TRAGEDV.—Yesterday, in charging the grand jury at War-
wick, Sir John Eardley Wilmot, Bart., the recorder of the
borough, spoke of the administration of criminal justice,
and in doing so spoke in strong terms of the execution of
Wiggins, the Limehouse munlerer, when, he observed,
such a fearful scene of honor was enacted on the scaffold.
He felt strongly upon the honor of the case, because the
jury, after deliberating for three bourn, recommended the
prisoner to mercy. Their reason for doing so was the
most extraonlinary he had ever heard in the whole course
of his experience—because they did not believe the act
was premeditated. If that were so, if there was no pre-
meditation, no malice prepense, the crime was not mur-
der. He had always advocated the establishment of a
solemn court of appeal, to review the circumstances
and facts in such cases, instead of the present
unsatisfactory mode of appealing to the Secretary of State.
In the case of Wiggins, where life had been taken away
that could not be restored, the jury, conscious of human
fallibility, would have been glad to have bad their verdict
reviewed by • competent tribunal, and he was confident
the public mind would have been better satisfied than it
is now. For years be had defended capital punishment
for murder as a dire necessity, but if capital sentences
were to continue to be dealt with in the present unsatis-
factcry way, with the possibility of such an awful mis-
carriage of justice as a man being executed unjustly, be
should devote the remainder of his life to advocating the
abolition of capital punishment. Where there was a pos-
sibility of human life being taken away unjustlyr every
precaution ought to be taken to prevent the possibility of
such a fearful result, and the only way in which that could
be effectually accomplished would he by a court of criminal
appeal, constituted of ten or of all the judges of the land,
to consider whether there were any circumstances which
required that the court should step in between the
criminal and the sentence of death.

LATIZT INTELLIGENCE.

ever, is considered to be improbable. Should a
direct understanding between Italy and the Pope
prove impracticable, it is thought that France
would negotiate a settlement of the Roman question
with the other great powers, either at a conference
or by some other means."

FLORENCE, Oct 18, Ert.soro.
The postal and telegraphic communication with
Rome is interrupted.
Further advicee from Orte announce that part
of Major Ghirelli's Roman band was fortified at
Orte, and that the other portion had gone to rejoin
Menotti Garibaldi. The junction between the
bands of Nicotera and Menotti Garibaldi was already
affected.

A report was current that the pontifical troops
were preparing to attack Orte in considerable
force.

The Italie states that Count Banal, at present
Italian minister in Vienna, will be transferred to
the same post in London.

The Diritto of this evening states that the
island of Caprera is now regularly guarded by six
men-of-war and occupied by MO marines.