The Sun.
London, England, 1863-12-22 00:00:00

L°ND°N, TUESDAY, DEC. 22, 1863.

The EtoPeror Napoi7"---,? .
from the French senate rs reply
01
ti.,:en every essential respect
to the address
Project of an European'
worthy of the author
y wilorttd:to. ugh.
Congress, a noble Project,
eo
rui should
' ~--Gveoroa,,,
he in thisitimsph
proveply to
sb e i at s d a
weight.y d r e a m
.3ole motive power of my actions,
bath at
saetrtbs " is the
abroad." A vague generality, it it,
true, but
and
with which his MAJESTY does not rest contented,
mut one
adding as he does, immediately, thereupon, ,i
lednt!d,
the appeasing of passions, with concord and union;'
And further "I direst all my wishes to the moment'
when the great questions vvhich divide governments
and peoples will be pacifically solved by European
Arbitrament." By the utterance of which volun-

teered assurances, not only to the Imperial Senate,
but through the Senate of France to the Govern-
ments of all Christendom, the EMPEROR has, of his
own free will, gone out of his way to endorse, to
underline, to emphasise in the most distinct and
positive way imaginable the pacific assurances
so very recently addressed by himself per-
sonally, under his own hand and seal, to
each and all of the European Sovereigns.
And, not satisfied with even this as an intimation of
his earnestly pacific intentions, the Emperor of the
FRENCH recalls to mind the memorable words
penned by NAPOLEON the Great, when in exile at
St. Helena, that to fight in Europe would be to
make Civil War ! " May not this great thought,"
asks NAPOLEON 111. directly of his Senate, indirectly
of all Europe, "May not this great thought [namely
that to fight in Europe is to make Civil War],
though an Utopia in the past, shortly become
reality ?" To that end, to the end if possible of
rendering it so, of rendering this Utopian notion or
the past, a sacred reality of the future, and that by
an earnest effort in the present—the Freavh
EMPEROR, only the
other day,propounde?:antdo
Christendom his Arcadian propoeitionoa
g as
European Congress : what our own Laureate,
a poetical political-day-dreamer sang Of nearly a
quarter of a century ago, in his famous poem of
Locksiey Hall, as " the parliament of nations, the
federation of the world!" Rebuffed though the
EMPEROR'S halcyon proposition has been in one or
two quarters, in one of them, especially, mean-
ing of course our own, with a. singular and a
wholly uncalled-for discourtesy, the Imperial au-
thor of this great scheme of a peaceful Congress now
contents himself with saying, in words evidencing
on his part an imperturbable equanimity—
"lt is always an honour to proclaim a
principle tending to remove the prejudices
of another age. Let us unite our efforts for
this noble end, and let us only study obstacles to
vanquish them, and incredulity to confound it."
The perturbation with which the coming Jour de an
was beginning to be looked forward to, will surely
be in a great measure dissipated, even among the
class of, the Alarmists, by the reiteration by NAPO-
LEON 111. of his pacific intentions thus pointedly
and emphatically through his Senate to all Chris-
tendom.

There are few public gifts more appreciated by
the population of a large and crowded city than
parks and open grounds. We all know how highly
our London parks are valued by our toilworn arti
sans and busy trading community, while the
popular affection for Hampstead-heath, Clapham
common, and many other such localities has often
been loudly proclaimed on occasion of the many
attempts made to encroach upon them. Such
places of resort are inestimable privileges to those
whose duty confines them to close and crowded
shops, offices, or workrooms. At least one day in
seven they can see something more than chimney
tops or bleak walls. At least there are some spots
within easy and uncostly reach in which, as one of
our popular writers says of the miners emerging
from their subterranean gloom, they can " breathe
the air of earth, and look upon the light of heaven."
The parks of London have been styled very aptly
" the lungs of the metropolis," and although a
great part of the vast city's inhabitants can only
breathe in this sense once a week, yet there is no
question that they conduce very much to the phy-
sical health as well as the social pleasures of the
people. In many of our great towns, sprung up
like volcanic islands from the fervid commotion of
manufacturing or trading life, similar advantages
are being provided for the people. A wise philan-
throphy looking forward as well as around, provid.
ing for the need of the coming years as well as for
the wants of the generation that is passing, has in
many instances' chosen this form of expending vast
wealth or embodying benevolent sentiments. If
he who plants a tree for the benefit of posterity
has a right to be called a benefactor of
his kind, most assuredly he who opens so
delightful end healthful a source of recreation
to those who are to come after us deserves our
admiration and approval. Many of our wealthy
men in the leading provincial towns have greatly
interested themselves in any effort made towards
opening parks and pleasure grounds for the people.
Many of our large centres of industry possess such
an advantage, and it is heartily to be wished that
fewer were without it. Among those thus favoured
is Birmingham, whose beautiful Aston Park has
been the subject of much gratification to all classes
of visitors. It is with considerable regret, therefore,
that the public have recently seen some transac-
tions brought to light which appear to render doubt-
ful the right of the people to retain their park. It
seems, according to the correspondence lately pub-
lished, that when the park was first opened to the
public its proprietors were the members of a joint
stock company, formed not indeed for purposes of
profit, but with a view of securing the hall and
park, which had long been coveted by the inhabi-
tants of the city. One of the earliest public intima-
tions of the scheme was a letter addressed to the
Earl of SHAFTESBURY by Mr. RATCLIFF, then
Mayor of Birmingham, in 1853. This letter was
written with the object of obtaining her MAJESTY'S
promise to open the park in person, end the advan-
tages which the park opened to the large body of
artisans who thronged that thickly peopled district.
This letter produced a subsequent communication
from the Home-office, in answer to which the
Mayor entered very fully into the matter. This
reply, which was read at the meeting of the Bir-
mingham Town Council held last week, enables us
to understand the original aspect of affairs. Mr.
RATCLIFF tells the Home Secretary that the main
capital of the company was raised by means of
,bates of 21s. value, issued to working men. Others
Were donation shares, the holders of which claimed
neither
capital
vPr mefit nor privilege. The remainder of the
1 to be raised by the issue of a third class
of shares, Which
man agoment et te
e
were chiefly taken by the middle
classes for the
sake of obtaining a voice in the
he park. It was also provided in the
deed of settlenaeet that if the company should prove
unable to proceed With the scheme, they might
tender the whole to the eouncil of the borough upon
payment of the liabilities
then existing. Such a
a creditable solution to the
appears to offer
clause app
never bees p
.5
that the purchase-
money present difficulty. It appeat_ .
fall3' obtained, her
"IP and eircume
open a place for
iAjzsTich
wavaisleir':sked, with all the
the genera'
stance of State, to
recreation which in a few years was ii, longer to be
public property.
inhabitants of the borough
very naturally, that the
em,
The present Mayer, unwilling,
should lose their treasured park, took the singularstep of addressing Sir C. B. riIIPPS on the subject,
in order that the matter might reach the QUEEN,The reply to this communication contained a well-
,
merited reproof. It expressed her MAJESTY S sur-
prise that she had not been correctly informed on
the matter, and expressed her expectation that the
citizens of Birmingham would not delay in securing
the park as a public possession. This very natural
and sensible advice does not appear to commend
themselves to the good people of Birmingham. The
royal hint has not been taken, and the members of
the Town Council seem to be decidedly unwilling
ito fulfil the pledge partly given on their behalf by
their former Mayor, whose acts and writings on
thin matter they never opposed or co tredicted. At

the late meeting, too, resolutions were pro-
posed—one tt theo
Bathseffectand
that the
Park Committee,
matter beit
te
re-
ferred,
with instructions to consider any proposal made for
the purchase; the other was that the Council should
take steps to purchase Aston Hall. The discus-
sion as to the relative merits of those proposals was
long and animated,
numerous ocspcueapkyeirnsg. severalone hours,gentle
engagingbo gentleman
ldlydeclared that the town was compromised,
and that after bringing the QUEEN to Birmingham
and representing to her MAJESTY that Aston Park
was for the people, it would be disgraced if the
Council did not purchase it, let the price be what it
would. His remonstrances failed in their effect,
and by a preponderance of 29 votes the resolution
for referring the question back to a committee
was passed. We cannot but share the hope
expressed by Sir CHARLES PHIPPS on. behalf of
her MAJESTY, that the wealthier citizens of the
town of Birmingham will not suffer such dis-
credit to fall upon their town, as the loss of this
park would infallibly occasion. The sum re-
quired, though perhaps large for the purpose, is
not large for a town like Birmingham, and it
would ill become one of England's great manu-
facturing centres to be accused of parsimony.
Their eloquent member, who is always ready to
proclaim the right of the poor, had better read
them a lesson. Indeed, if he sets them the ex-
ample by heading the subscription list it would
be only consistent. Let Birmingham look to its
laurels, or the general public will begin to believe
the professions made on behalf of the working
classes, especially as concerns the opening of this
Hall and Park, to be no more sterlidg than their
manufactures were wont to be regarded, and con-
sider them mere "Brummagem wares."

Every now and then the readers of the public
papers are horrified and disgusted by the account
of some shocking act of cruelty, and some wanton
case of malignity comes before them that seems
more suited to the doings of fiends than the delibe-
rate deeds of men. A most frightful instance of
barbarity has just been brought before us by the
energetic efforts of that praiseworthy Society for
the Prevention of Cruelty to Animals. It is moat
satisfactory to reflect upon the result of their la-
bours, and the amount of good that they do is
almost incalculable. Still their services effect more
benefit in so far as regards preventive measures,
and it is of importance that the subject be consi-
dered in the light of adopting remedial ones. The
knowledge that at any time a case of cruelty may be
detected and brought to justice doubtless deters the
commission of many crimes ; but when the danger
has been braved and the act perpetrated, in spite of
all warning and regardless of detection, it is neces-
sary to reflect a little on the nature of the penalties
inflicted. It is very much to be regretted that for
some reason or other the sentences on these mis-
creants and ruffians are never half severe enough,
and do not in the hundredth degree come up to a
fitting idea of retribution. The case here cited is
most revolting, and indeed it is almost to) horrid
to dwell upon. Two labourers were charged with
maltreating a dog in the most cruel fashion. They
were flaying it alive. Mr. PRATT; who prcsecuted,
very properly demanded the heaviest possible
punishment, truly adding that this case was one of
the worst ever brought into a court, It was proved
by witnesses that the " prisoners were actually en-
gaged in cutting off the skin from a dog while
alive." It was also shown that it was not till some
disturbance overtook them that they desisted, and
threw the animal into the sea. The Chairman of the
Bench said that he had never heard a " more gross
case of cruelty in all his experience." All this was
very true, but the conclusion drawn from such pre-
mises is most dissatisfying. The prisoners were
condemned to two months' hard labour. This is a
mere farce of punishment in comparison with what
such characters deserved. There should be some
imperative infliction to such cases as these that no
magistrate can alter, and from which there can be
no escape. This will be the only sure and certain
way to put down such a disgrace to humanity as
the occurrence, much less the repetition, of these
offences most assuredly is. In the first place there
should be some disgrace attached to the penalty in-
flicted, E 0 that the offender may not have the oppor-
tunity of treating the aflair as a joke when the term
of hie incarceration is over. In the instance of the
" garotters" the plan now in vogue of affixing to
the sentence the penalty of flogging, appears to have
been in some way successful, since far less is heard
of the exploits of these nocturnal assailants, who
had become at one time inseparably asso-
ciated with the perils and dangers of the night.
When the attention of Parliament was drawn to
the question, there was great opposition at men-
tion of the proposal for instituting flogging as an
addenda to the sentence on these offenders. Doubt-
less the same objections would be urged were the
energetic reformers of the law to propose a similar
infliction on the perpetrators of the cruel deeds re-
ferred to. Notwithstanding such demurrers abound-
ing, it is to be earnestly trusted that there will
be. found discerning legislators to take up
the cause when Parliament assembles. The
near approach of this period is a source of
satisfaction to many as well as Mr. COBDEN ; and
they confidently look forward to the opportunity
that will present itself to those desirous of amend-
ing errors, rectifying mistakes, and adjusting diffi-
culties in the working of the decrees of justice. It
is a solemn and sacred duty to society to put a stop
to such violation of all laws, both human and
divine, as are infringed by the doers of the
dark deeds alluded to. It is a grave responsibility
which rests on our Legislature that our laws should
be changed and altered until they are sufficiently
strong to deter those who are evil disposed from the
commission of such crimes. It would be a great ad-
vantage to the cause of civilisation, and a special
service to the interests of humanity, if prompt and
decided measures were adopted. It is a scandal
to an age, with its vaunted improvements and its
astounding discoveries, that there is no statesman
who can devise, and no legislators who can carry
out, laws.that are potent enough to militate against
barbarians and check the course of brutality. No
pains should be spared, no prejudices should be
allowed tostand in the way of the necessary change
and imperative remedy. As BOILEAU observes of
a faulty production— rove foie sur le metier
remettez l'ouvrage. Again and again should the
effort be made, until it is an established fact that a
strict and severe discipline is effected, and that a
system of terrorism prevails that must in time
create a salutary effect and produce a beneficial
change. To inflict a trifling penalty upon men so
destitute of the commonest feelings of humanity
and se dead to all sense of shame, and then
to enforce far heavier penalties upon those
whose offence is a trivial theft to which
they
jadszef. aisttwarivllinngotfdaomtiloy,
were al
above it in
most driven by the pressure of want
ything that is to be protected ; that may
and the deal"
excellence. It i ' rate seems
pr o property
a incongruous
the o n
eraenciisthme uspchreatdhaotf ratikshbut •
point of real worth
beforeb e v
se
te
standard
necessary,d
aanrdd iefix ch
e
and s idle to preach about
the diffusion of knowledge
educa-
tion becoming the great social regenerators, if it is
cognisance ofi
gn
once known that the law takes no co

cruelty as a crime. It cannot be a misdemeanour or a
folly; it is a grave and serious commission of wrong
which the offender should be taught to consider of
vital consequence to himself and his welfare,
rendering him amenable to the severest possible
penalties which his fellow countrymen can inflict,
and exposing him to the wrath of a still greater and
more terrible tribunal hereafter. When barbarities
are committed that the readers who study savage
life can hardly credit, it is time the country takes
the alarm, and that from the benevolent and philan-
thropic who abound among us, some should stand
forth to take up the case of cruelty in its worst
features with a zeal that will be worthy of the cause,
and with the spirit which will not shrink from any
ordeal to which its efforts may be subjected. All
improvements meet with opposition, but the pilot
who weathers the storm is not stopped by the
raging of the hurricane nor the roar of the waters,
and the reformer who stems the abuses of his age
must persevere through good and evil report until
success attends his efforts, and after the happy
issue of his labours he may behold the end that
crowns the work.