The Sun.
London, England, 1858-05-28 00:00:00

F-RIDAY h V FETING,

THE LATE DUEL IN PARIS.

(From the Times )
The French Emperor is likely to pay a high price
for military fidelity. The French people have not
obtained without a sacrifice the order and tranquil-
li►y of which Imperialism boasts. Napoleon 111.
has delivered his country from the Parliamentary,
system ; he has expelled the virus of liberal institu-
tions, suppressed the orgies of democracy, restrained
the turbulence of petty ambitions, and so on. He
has established a throne, guarded by half a million
of bayonets, which we are told can be directed by
a gesture from him against either foreign enemies
or the subverters of order at home. But the army,
which has been the instrument of these great changes
and is the basis of this overwhelming power, is
learning its own strength, and seems fully inclined
to use it. We should not return to the subject of
the late duel were it a mere isolated act, or were it
likely that a fitting punishment would fall on the
chief wrong-doer. But we only express that pub-
lic opinion which trembles and shrinks from an
utterance in Paris when we say that the circum-
stances of this unhappy affair, the animosity indi-
cated by the numerous challenges, the steady pur-
pose of Hyenne, and, more than all, the applause
with which the deed has been received throughout
the French army, are signs of an evil day which
is at hand for French society, and for all that is
independent and intellectual in the country. The
slaughter of a young writer by a professional swords-
man for a harmless joke is in itself a cruel and
cowardly act ; but we wish we could think that
there was nothing deeper in the affair than the
vengeance of a set of underbred men for a rather
petulant satire. People in Paris feel, and no doubt
correctly, that the outrage is but an indication of
the passions which are bubbling up in a vast, tri-
umphant, ambitious, and idle army—an army sun-
dered in interest and feeliug from the rest of the
nation, which knows little of society beyond its
barracks, cares for no authority but that of the
chief it has raised to the throne, and is animated
with a growing jealousy and contempt of the non-
military classes which formerly wielded political
power.

The conduct of M. Hyenne has received the
approval of the army in general. So strongly has
this feeling been shown that probably no attempt
will be made to visit the action with punishment,
or even to mark it with disgrace. It is possible
that M. Hyenne may retire from the service, or
the Moniteur say a few words against the practice
of duelling, but that will be all. , In short, the
army have triumphed, and every one knows it,
nor can we believe that the Ministerial autho-
rities are sorry that it should be so. Henceforth
there will be another check on the press, which
may save the necessity of warnings, and deliver the
Government from any unpopularity which frequent
interferences might bring upon it. The army as a
body is the support of the empire, and it would be
a brilliant idea to make its officers, as individuals,
a terror to opposition journalists, who may be
called on to account for a chance expression, and
fought by a regiment volunteering for the purpose.
The army seems quite disposed to enter into such
an arrangement, and an event which has happened
within the last few days is a proof of their good-
will in the cause. On Saturday last the town of
St. Germain was surprised by the sight of a large
body of officers in full uniform marching to the office
of the Industriel, a paper of the locality. Forty-
two of these gentlemen, in fact, thought fit to de-
liver in periem a summons to the Director and Re-
daoteur en Chef demanding the insertion of a letter
received by them from "their comrade, M. Roge,
officer of the 9th Cilksseurs." The officers of the
garrison of St. Germain " request, and in case of
need require," the Industriel to insert an account
of the duel of M. de Pene which they think is
favour& la to the character of M. Hyenne. Thus,
it would seem that in France a journalist is not
only liable to be called to account for what he in-
serts, but for what he refuses to insert. M. de Pane
received 31 challenges for his unfortunate plea-
santry, but the Director of the Industriel might
have expected 42 had he hesitated to print what
the garrison of St. Germain had determined he
should make public.
The document which was the object of this war-
like demonstration certainly disappoints curiosity.
The writer quotes the passage which gave the
deepest offence to the military world. It is as fol-
lows :—"Remarkable Improvement; theinevitable
Sub-Lieutenant was not there." For this M. de
Pene received challenges from Courtiel at Amiens,
and from Hyenne at Abbeville. The duel followed,
and the facts are almost exactly what have been
published before. "M. Hyenne," writes M.
Roge, " approaching M. de Pene, addressed him
with the most perfect coolness, and the following
dialogue occurred." Then comes the conversation,
which is substantiAlly what has been already de-
scribed. It ended by M. Hyenne grossly insulting
M. de Peue in cold blood to make him fight. The,
only correction which is made in the former narra-
-1 tive of the trial consists in the statement that M.
de Pene had a choice of weapons, and chose swords.
But whet the writer thinks of great importance in
M. Hyenne's just;fication will be, in the eyes of
ordinary men, his chid* crime. "It is stated,"
writes M. Roge, " that after M. Courtiel was
wounded M. Hyenne thought fit to take up the
affair. This way of telling the story is insulting
and incorrect, for M. Hyenne did not avenge M.
Courtiel, but the entire army." In other words,
M. Hyenne went to the spot with the intention of
fighting, and did not insult his adversary on the
spur of the moment. Such conduct was, in the
writer's opinion, highly praiseworthy. "This is
the place," he says, " to assert in the most unequi-
vocal manner that M. de Pene was responsible for
his article, not only to an individual, but a class."
"The officers of the Cavalry and Artillery of the
Guard, as well as those of the 84th Regiment, have
spontaneously assured me of their entire sympathy.
Gentlemen, my desire is that the army, to whom
the original insult was addressed, should know pre-
cisely in what way it was avenged." This is what
the 42 went in full uniform to publish to the world,
and the world will reflect on the doctrines avowed.
It is well to know what the chivalry of the French
army allows. A young man may, by this new code
of honour, be challenged by 30 men ; one of the
challengers, a professional fencing master, 45 years
old, may come on the field in the guise of second to
another, take advantage of this function to observe
the skill of the victim, and then, "with the most
perfect coolness," force him into a second duel, and
stab him even as he is failing. Such are the morals
of the force to which every man and every institu-
tion are now subjected in France.

RETIREMENT OF JUSTICE COLERIDGE.

(Fron the Daily News.)

The proximate retirement of Mr. Justice Cule-
ridge from that seat on the Judicial Bench which,
with so much credit to himself and so much benefit
to the country, be has occupied for the long period
of three-and-twenty years, has thrown upon Lord
Chelmsford the responsibility of appointing a new
Judge. The gentleman upon whom his choice has
fallen is Mr. Hugh Hill, Q.C., an eminent practi-
tioner at the Common-law Bar, and for some time
one of the leaders of the Northern Circuit. The
unanimous voice of the profession will pronounce
this selection to ba in all senses unexceptionable.
The truth of the old maxim, that it is office only
which proves the man, has rarely been better illus-
trated than in the difficulty of conjecturing before-
hand whether any given lawyer of distinction will
maintain on the Bench the reputation be has
achieved at the Bar. Many learned jurists and
many brilliant advocates have proved comparative
failures as Judges, while others from whom lit.le
was expected have made very valuable and excel-
lent magistrates. In the exercise of his very re-
sponsible office, however, the Chancellor cannot go
far wrong if he takes the general opinion of West-
minster-hall as his guide in the selection he has to
make. The habits of a gregarious profession, where
each matt works under the vigilant inspection of
acute and thoroughly informed fellow-practitioners,
are eminently favourable to the formation of as cor-
rect a judgment as can be obtained beforehand with
regard to the probable fitness of any given barrister
for promotion to the Bench. It is not only the
intellect, but the moral character—it is not only
the moral character, but the temper and the man-
ner that are daily put upon their trial before the
most competent and not the most lenient of asses-
sors, in the curse of an extensive practice at the
Bar.

Tried by the tests, the new appointment is a
thoroughly s itisfactory one. Quite irrespective of
politics, and apart from all reference to any other
consideration than eminent fitness for the post, Mr.

—--
Eingh Bill is, on the— wh.d
P, the best man that
cAild have been .9.elected for the vacant Judgeship.
His range of common law learning is extensve And
profound ; reidy and retentive memory gives him
facile command over its accuunfated stores ;

---
judgment is sound, his acuteness ccnsiderable, and
although by no means eloquent, he possesses a co-
pious flow of I.reese and accurate language, well
adapted to juridical argument er lucid exposition.
Mr. Hugh Hill, like S.r Hugh Cairns, is a native

.4 the sister countiy, which, in the persons of Si,
Samuel Martin and Sir James Willes, has already
given two judges to Westminster Hall. The thret
out of our 15 chief magistrates should be from the
other side of Sr. George's Channel can hardly be
cited as 2n instaree oririjmtio-3 to Ireland. It is
probably as striking a proof as could well be given
that the 17.0n0ur3 and emoluments of the pulpier-
are impartially open to all the citizens of the United
Kingdom.

Si John Taylor Coleridge, who vacates Lis seat
on the bench at the close-of the present term, will