The Sun.
London, England, 1850-08-23 00:00:00

eltenblit 2511,11;

LONDON, FRIDAY, AUGUST 23, 1850.

Thankfulness that the cholera has not revisited the
metropolis this summer should not be the only con-
sequence of our exemption from its devastating influ-
ences. A more sedulous attention to the necessities
of sanitary improvement should be the testimony of
our satisfaction. To act otherwise under the cir-
cumstances would be worse than culpable, it would
be folly and shortsightedness. Every year, immediately,
after the prorogation of Parliament, taking advan-
tage of that lull which invariably succeeds the cessa-
tion of the toils of the Legislature, we endea-
vour to revive this•most important subject to the re-
collection of the community. Our pertinacity
in so doing arises from a profound sense of
the chief responsibility devolving upon journalists, the
responsibility of perpetually directing public attention
to those topics out of the discussion of which may
come assurances of the popular advancement. Prac..
tically, of all such subjects there never has been one
more immediately calculated to secure benefit to the
population than that which is comprised under the
title of the Sanitary Movement. In that movement
may be recognised even by the least discerning the
initial of a great change in the condition of the human
race. Heretofore so much regard had been had to the
spiritual and intellectual health of mankind as
almost entirely to exclude from consideration
the necessity of preserving in some systematic
manner the health of the physical part of humanity.
At least, whatever education was adventured upon in
respect to the multitude was restricted to the soul or
the intellect of our species, no regard being had to
that education of the body which is essential to the en-
joyment of existence, that education of the body which
is required moreover for the perfect development of
mind and morality. A glimering notion of this truth
is conveyed in the old classic axiom about the nzens
sanain corpore sano, but its clear and accurate recog-
nition was reserved, -it would appear, fur the present
generation. It is now felt that the sound
mind and the sound body are so mutually dependent
on each other that their separate development is in a
great measure impracticable. True that many men
of gittitis, like ALEXANDER Pore, have preserved
their intellect in uncommon splendour through a life
Mass better, to use the expressive phrase of Dr.
hiuumtg, thin "one long &sew" UP; WWI

many lunatics survive through a protracted series of
years in the rudest health, and with the most robust
vigour of fracie. But in the generality of instances
the mind and body are each so affected by their
respective derangement, that the health of one may
be said to be wholly incompatible with the disease of
the other. This subtle affinity between the spiritual
and corporeal elements of our nature is so remarkable
that scarcely a day passes without each receiving
some evidence of its reality. The fact may be re-
cognized around us perpetually in a thousand in-
stances ; when, for example, we see strong men re-
duced by mental anxiety and wasted away by sor-
rowful emotions, or when, on the other hand, we see
the finest intellects at times rendered morbid by the
continual pressure of physical suffering. These
things, indeed, are so wholly undeniable, that
arguments in illustration of their existence
were little less than an impertinence. They
have been acknowledged by this period alike by the
man of science and the moral philosopher. To gainsay
them would be to set at nought both the deductions
of physics and metaphysics.
Such being the results of observation and inquiry,
it becomes the bounden duty of all persons capable of
aiding in its development to forward in every possible
way the spread of the Sanitary Movement. The phy-
sicians and surgeons, as a body, have from the
very first taken a noble part in the be-
neficent work of agitation. We would see
their example emulated to the uttermost by the
clergy of all denominations. Let it not, in the name
of GOD, be said by the scoffers at religion, that its
ministers refrain from advocating the development of
sanitary improvements through any fear that those
improvements may be detrimental to their interests—
clearing the minds at the same time that it purifies
the physical condition of the people, and rendering
them consequently less liable to the influences of
fanaticism and superstition. Let them feel that fanati-
cism is to true religion what disease is when contrasted
with health, or idiotcy with genius. Let them
show by their ardour in forwarding the views of the
sanitary reformers that they regard superstition as
inimical to the principles of real morality, just as
they would regard darkness to be the opposite of
light, and ignorance of wisdom. Much remains to be
done is this way by the ministers of Christianity,
and eagerly shall we watch for the time when they
shall enter into the advocacy of the sanitary princi-
ples with an enthusiasm like that displayed by the
medical profession.
Without the walls of the Parliament a vast deal
has already been accomplished towards the diffusion
of those opinions which are only now beginning to
exercise any authority over the deliberations of the
Legislature. Without the walls of G wydyr House
much has been down towards the advancement of that
cause which appears to have only now awakened the
ingenuity of the Sanitary Commissioners. So tri-
vial, indeed, has been the progress made, either in
Whitehall-gardens or in the legislative palace at
Westminster, towards the adoption of a grand system
of sanitary improvement, that we should have reason
to question at once the humanity and the com-
petence of the Government, but that we
bad learnt long ago to look upon such
procrastination as inevitable. A bitter experience
bas taught the multitude the fully of counting upon
the realisation of such dreams of reform without
previously passing through an ordeal of the most
wearisome delays and hesitations. Insomuch is this
felt to be the case, that the people are disposed to be
thankful, as for an actul boon, to the mere delibera-
tions of a Parliamentary Committee. Hap-
pily, by this time, we have gained some-
thing more than this in the way of sanitary
change—the first step having been taken towards its
perfect development by the Metropolitan Interments
Bill passed during the late session of Parliament.
With a proper continuance of agitation yet more may
be accomplished, until by a gradual series of instal-
ments a complete and effectual system is inaugurated.
For this we shall strive unceasingly; but while the
people look to the Press for perseverance in their
wholesome demands of innovation, they look also for
the satisfaction of those demands to the wisdom and
benefizenee of the Government.

If the salutary labours of the Criminal Law Com-
missioners, and the heavy expenditure, nearly
100,0001. sterling, incurred therein, are not to be
altogether thrown away; if the admirable digests of
" crimes and punishments," and of "the law of pro-
cedure in criminal cases," prepared with so much
care and industry by those experienced and eminent
persons, are to receive the legislative sanction, we
trust that full provision will be made fur the prose-
cution in every instance, by competent and well-qua-
lified public prosecutors, of all such offences as may

be deemed worthy of notice, and, as a necessary con-
sequence, that the right of private prosecution be
abolished, unless with the express permission of the
public functionary. Experience has shown that
the duty or privilege of private prosecution, which-
ever it may be considered, has but too often led
either to the escape of parties really guilty, or to the
persecution and oppression of innocent persons. In
every such case there is the public and private injury—
the former to society in general by the infringement
of the laws enacted for the protection of the commu-
nity, the latter for the damage sustained by the in-
dividual, for which he may claim pecuniary compen-
sation. This right could not, of course, be interfered
with in any manner. Every person must be the sole
judge of his own concerns in which he is exclusively in-
terested. If he think proper he may remit the punish-

ment and pardon the offender, or he may institute such
proceedings as he may deem best calculated to pro-
cure him redress. But no such option is allowed in
matters affecting the general safety. There the party
,will be bound over to appear under heavy pecuniary
penalties in case of default, and, even if any doubt be
entertained of his appearance at the appointed time,
he may be compelled not only to enter into his own
recognizances, but to find sufficient sureties that he
will be forthcoming, in such sum or sums as the
presiding magistrate may fix, and, in the event
of refusing or being unable to do so,
may himself be committed to prison, and
severely punished, because he has had the misfortune
to be robbed, assaulted, or otherwise injured. The

breach of the public peace is the only subject that can

be taken into consideration, and as a member of so-
ciety he must relinquish a certain portion of his own
liberty, and submit to considerable inconvenience for

the general welfare. This is a just and necessary re-
gulation, although it may appear to press severely on
individuals. Were it otherwise, the law might be
violated with impunity. Wealthy offenders would
al ways escape, if enabled to compromise with
the prosecutors, and the law itself would
be slighted, despised, and brought into dis•
repute, if it could be asserted with truth that
" there was one law for the poor and another for the
rich." It is on the same principle that it has been
determined that " no indictment will lie for a mere
private injury against an individual ;" the machinery
of the criminal judicature could not be brought into
operation for the purpose of enforcing a private right,
or redressing a private wrong, for all such questions
properly come within the civil jurisdiction of the
va-
rious tribunals.

But if a party be bound to come forward to promote
the administration of justice whenever called
, upon, that is all that can fairly be demanded
at his hands. He must be a witness, because no
other person can be a substitute. But why should
the onus be cast upon him of conducting the prosecu-
tion, and making himself responsible for all the costa
and expenses thereof ? According to the constitu-
tional theory he is to receive ample protection in
person and property in return for the surrender of
a portion of his natural liberty, and his contribution
towards the maintenance of the national establish-
ments and the liquidation of the national liabilities.
But, under the present unwise and impolitic system,
he is expected to become a species of public
champion, defending the interests of the community
whi. h lave been L V ded in his person. There are
many evil consequences resulting from this course,
not the lest of which is that what is really an act of
public justice is too frequeney looked upon as a matter
of private vengeance, and malevolent and vindictive
feelings are excited in the minds of the offenders and
their families against persons who had no alternative,
and could not have acted differently.
There is another evil also resulting from the sys-
tem. Prosecutions are frequently instituted for the
purpose a atQftiOnt of mitkiog the ;mood party

bribe the parties preferring the charge, rather than
submit to the annoyance and exposure of a trial in
open court. The power permitted to any person of
sending bills before a grand jury, and having them
found too often on the most ridiculously inadequate
evidence, is resorted to as a formidable instrument of
oppression to intimidate and terrify weak-minded
persons into compromises. Such matters are of daily
occurrence, and have already gained an infamous no-

toriety.
There is another matter connected with this sub-
ject, which was painfully illustrated at the Central
Criminal Court on Wednesday last. Some pro-
tection is due to persons awaiting their trials;
they should not be exposed to the plunder
that is carried on by sham attorneys, and sometimes,
it appears, even by duly qualified practitioners. The
friends and relatives of the accused make the greatest
exertions to procure the sum necessary for the de-
fence, and, too late, find that the party in whose
behalf they have made these efforts are left without
legal assistance. On Wednesday last, a man was
charged with a serious offence, for which he was
justly subjected to transportation for life. His un-
fortunate and heart-broken wife had employed an at-
torney, and given him 2/. to fee counsel. A
portion of this money, 11. 3s. 61, had been paid to
one barrister, but the attorney advised that " a
leading counsel should be employed," which he
said would cost 2/. 4i. 6d. The wretched woman
gave him 2/., and promised to bring the remaining
4s. 6d., but no second barrister was employed, and
it was with great difficulty that the money could be
got back from the " professional gentleman" who
had acted thus strangely, not, indeed, until the pre-
siding Judge (Baron PLATT) declared that if it were
not given up he would direct an indictment to be pre-
pared against him. The Learned Judge commented
in strong terms upon the circumstances of the case,
which we trust will not be forgotten when framing
the new criminal code.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The account of the emeute at Besancon is con-
firmed ; and from those very Ministerial journals,
which, so long as the fact could be kept a secret from
the inhabitants of Paris, recorded that the PRESIDENT
was received every where at Besancon with the
" utmost enthusiasm" we extract the following de-
scription of the " scene" at the ball to which we al-
luded yesterday. The Moniteur du Soir says—
" The great mass cf the population of Basarcon is ex-
cellent; it is animated by the best sentiments. But with
that population are mixed np about 5,000 Swiss, em-
ployed in watchmaking. These men are so many re-
cruits to the Socialist army. It appears that they had
concerted together to make a violent manifestation in
honour of Socialism, when the President passed through
the place. According to the information which we have
been able to collect, these wretches were even disposed
to pass all limits, and proceed to the greatest excesses.
In a word, they proposed to attempt, if not the life, at
least the liberty of the President. This sort of plot was
to be executed at the ball at the Halle. Our reathrs have
learned by the telegraphic dispatch that before proceeding
to the ball at the theatre, the President went to the ball
at the Halle. It was at the express request of the su-
perior authorities of the town that this visit was deter-
mined on. Just at the mement of leaving the Prefecture
one of the commissaries of police of Besacc-m asked to
see the President, and said, 'My duty and my honour
oblige me to beseech you not to go to the ball, as there
is a plot against your person.' Louis Napoleon calmly
replied—' I place confidence in the sympathy of the in-
habitants, and I shall go.' But scarcely had he arrived
there when the plot revealed itself. The President was
at once enveloped by a compact crowd, who hemmed him
in on all sides, and a dozen of individuals were above all
remarkable for the ardour with which they urged the
others •to disorder. It was only after an obstinate
struggle that Louis Napoleon was freed from the circle
with which he was surrounded. The gendarmes on duty
at the ball, to maintain order, were obliged to employ
the greatest efforts to keep off the crowd, and General
de Ca.tellane was even forced to draw his sword. After
getting out of the ball at the Halle, the President pro-
ceeded to the ball at the theatre, where he received the
most cordial and enthusiastic reception. An Unimportant
incident took place there, but without producing any
effect An individual, wearing a red cravat, cried out
Vivo la Republic Rouge!' and was immediately ar-
rested. Without wishing to exaggerate the importance
of the little plot at Besancon, the ramifications of which
we are not yet sufficiently acquainted with, we cannot,
however, help reflecting on the consequences of this au-
dacious attempt, had it succeeded."
We find the following account in the Patrie:—

" I concluded my last latter at the moment when the
President went to the ball at the theatre. The most
brilliant company was there assembled to receive him;
among them were a great number of the Legitimatist
families of the neighbournood- who bad never made their
appearance at any of the sob, ies given by the house of
Orl. ans, or at the public balls given in its honour. The
President remained there about half an hour, and re-
ceived the most enthusiastic welcome. Oa entering and
leaving he was hailed with cries of Vire Napoleon!'
Vise le President!' The President then visited the
ball at the Hall. The demagogical agitators and the
population of one of the faubourgs of Besancon, com-
posed mostly of Swiss, who were occupied exclusively,
as at Jamaica, in watchmaking, and who profess the
most violent opinions, assembled there. Rumours of a
conspiracy and of an intended attempt against the life
of the President were in circulation; a commissary of
police, in alarm, went to meet the Prince, telling him
that he was the general subject of conversation. The
Preside nt,with that calmness and resignation whichyou are
aware strongly mark his character, merely smiled at the
remark, and said he could not believe that any one could
wish to assassinate him; that, moreover, Providence
might dispose of him as it thought fit, and he imme-
diately crossed the threshold of the ball-room door. He
there found himself, as did all his suite, so pressed upon
by the crowd that one of his aides. de-camp, Colonel de
BeviLe, received some bruises', and General Vesco had
his trousers torn. On leaving the room a similar scene
was renewed, and the President and his suite had lite-
rally much difficulty in clearing themselves a passage.
I must add that cries of Vive la Republique;' and even
of ' Vivo la Republique Democratique et Sociale!' were
uttered in the most hostile manner by a group of ill-
looking individuals, almost all of them strangers to
the place. Nine amongst tbem were arrested by
the gendarmes and by the commissary of police, Des-
cors, who alone seized six of them, one after the
other. This tact, and the prevailing cry of Viva la
Republique!' which were uttered at Besanc -)n, are far
from having the importance which our scarlet adver-
saries will endeavour to give them. It is to be remarked
that the general character of the true population of Be-
sancon has at all times been that of political indifference.
The foreign and transitory population, and the quarter
inhabited by the Swiss, are the only ones which make
themselves heard at a given moment, and it is well known
what is to be thought if people who have no real domi-
cile. The men of order, more here than elsewhere, con-
fine themselves, as Chateaubriand says, to closing the
windows when the storm rages in the streets. Au un-
answerable proof of the truth of what I advance is the
nomination by a large majority of the inhabitants of
Besancon of General Baraguay d'Hilliers to the Consti-
tuent and Legislative Assemblies, and the certainty of his
future re-election. This morning the President received
the authorities at the Prefecture. Mter those receptions,
which lasted a considerable length of time, several old
soldiers of the empire were presented to him, and re-
ceived proofs of generosity. A grand dejeunsr succeeded
to which the principal authorities were invited. At ele-
ven o'clock the President mounted on horseback, and
proceeded to the Polygon to pass the troops and National
Guard in review. The National Guard was composed
of the three battalions of the town, cont.sining a large
number of men, of the battalion of the banlieue, of the
legion of artillery, and of the battalion of pompiers. As
to the troops of the garrison, they were only 3,000 in
number, being all that are quartered here at present.
The President, as he rode through the ranks, bad near
him General d'flautpool, General de Castellane, General
Baraguay d'Hilliers, General Vesco, General Rebillot,
M. Dumas, M. Bineau, Colonels de Vaudrey, de
B4ville, and Edgard Ney, and the staff of the 13th
Artillery corps. The cry of Vive la Republique!'
was frequently heard during the President's
passage from the Prefecture to the Polygon; but
cries of Vive Napoleon!' Vive le President!'
were also very general. Three men who oried Vivo la
Republique Democratique et Sociale 1' were arrested.
During the time that the troops were filing off, it was
also the cry which was most energetically raised by the
moo, and particularly by the legion of artillery. How-
ever, the cries of 6 Vivo le President!' and Vivo Na-
poleon!' were also heard, but not so frequently. In
general the attitude of the population was calm and re•
spectful, but without any entLusiasm. The President
gave the cross to several officers, non-commissioned offi-
cers, and soldiers. Colonel Hubert, of the 13th Artillery,
and the colonel of the gendarmerie Abre promoted to
the rank of commanders. The President took his de-
parture for Belfort at half-past one, the authorities ac-
companying him to the gates of the town. A salvo of
artillery from the forts announced his departure. A
vast crowd was assembled to witness his passage through
the town. The President, it is expected, will reach
Belfort this evening at hall-past eight."
assailants bwyereevesrywiss. one,
The story of the plot for the assassination is dis-
beli
as
st
isi admittedsthe
e assertion
thatthe
whole
th a tth e
of the National Guards raised the cry of Vive la
Republique, when the entourage shouted Vive le Pre-
sident on the departure of the PRESIDENT for
Besancon. The National Guard of Besancon are, we
Presume exclusively French citizens and French
householders, and may be considered as firm ex-
ponents of the feelings of the industrious classes.
The PRESIDENT arrived at Strasbourg on the 21st,
as appears from the following telegraphic dispatch,
which is published in the Moniteur of yesterday :
" THE LIELITENANT•GENERAL COMMANDING THE 4TH
MILITARY DIVISION TO THE MINISTER-op-WAR.
" The President of the Republic arrived at three
quarters past two o'clock. The authorities were waiting
at the railroad station to receive him. An immense
crowd were assembled to mees him, ge ,was received
With 11osi githiliisurun

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