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in the prison attempted to convert The President to Boggio.-Do Quenisset to the republican party? you recollect that Quenisset in his A.-No, sir !
examination told you that you were Q.–Did you not speak of a projected a chief ? insurrection of the workmen ?
A.-Yes, sir. A.-No, sir.
Q:-You answered: “No, I am not Q.--Did you not lend Quenisset a a chief; it is rather you who went with pair of panialoons in case he should Colombier and the others; but was I fight?
seen anywhere ?" A.-—No, sir.
A.-I did not know what I said at Q.-When Quenisset left the prison, that moment. I was so sick that I did you not give him a letter to deliver could not stand up. to Leclerc, marchand de vins, Fau Q.-You had not, however, a sick bourg St. Antoine ?
appearance. A.- A letter was written; it may be A.-The next day I was obliged to it was me who delivered it.
The Chancellor to Mallet.—You A.-A political accused.
deny with a great assurance even Q.-What was his name?
what is established by the most posiA.--I don't know.
tive testimony; but that is not asQ.–And yet it was you who deliv- tonishing, for you said in your examiered the letter?
nation: “Yes, sir, that's true, I took an A.—That may be.
oath which hinders me from telling the Q.—Ten months after Quenisset left truth, but I have never done anything the prison, did you not meet him in the evil.” Rue St. Antoine, at the moment you A.-I have been in Paris since 1830; were with Boggio, called Martin ? there have been many meetings, and A.—Yes, sir.
many insurrections, during that time. Q:-Did you not propose to him to What offence have I been charged enter into the society of the Equal with? I was received in 1832. I Workmen ?
was not pleased and I retired. A.—No, sir.
Q.--You had no need of entrenching Q:-Did you not put him in relation, yourself in your oath. It is when you for that purpose, with Boggio, called see that the demonstration of the chargMartin ?
es is evident, that you allege your oath A.-No, sir.
in order to escape the necessity of anQ:-Did you say to Boggio, striking swering; you say you were not at CoQuenisset upon the shoulder, “Here is lombier's and yet'it is certain you were a good comrade ?"
there on the morning of the 13th. A.-No, sir.
When the question was discussed Q.-Did you not announce to him whether they should commence the that you
had not slept for some time, attack or not, Coturin having mainand ihat you were occupied in making tained that they ought not to do so, you cartridges ?
broke out in a violent passion against A.--No, sir.
him, and called him a stupid brute. Q.–Did you not assist at the meet Mallet (raising his voice)-I never ings with Mallet and others, although make use of such expressions. not making part of the society, but The Chancellor.--I advise you to only when there was something se- speak in a more modest tone. You are rious.
not in a position to take airs like those A.-No, sir.
you wish to take.
A.-I find myself insulted when they The President to Mallet.-Did say, I called a man a stupid brute. you receive a letter from one Le- None but vile persons make use of such clerc, which had been addressed to expressions. him by Prioul, and that he would not read?
Among the accused was a Mr. DuA.-A lie!
poty, the editor of a paper called the Journal of the People. Circumstances
connected with his prosecution reflect One of the principal moral proofs much light upon the course of state which were offered in support of the trials in France, and upon what the charge against him was a letter which French jurists call moral proofs. Du- Launois, one of the accused, had adpoly's journal, from the extreme libe- dressed to him from the prison, but rality and republican tendency of its which never reached Dupouy, having opinions, and himself, from his activity been seized by the agents of ihe police. and intrepidity, were obnoxious to the In this letter Launois requests Lupoiy authorities, as calculated to exert a to take up the defence of the accused powerful influence over that class of in his journal. This is its only object, society most easy to excite and most but in reading it paragraph by paragraph dangerous when excited. It is not un- the Chancellor stopped to make his charitable to suppose, that the law of- comments and to show its bearing upon ficers were willing to seize the first Dupoty ; and the latter gave his views plausible opportunity of arraigning him and explanations, proving that no just and of pressing his conviction. The induction by which he might be comattempt appears to me to have been promitted could be drawn from such extremely ill-judged; no fact was prov- circumstances. And he was right upon ed which showed the slightest connex- all just principles of jurisprudence ; for ion between Dupoty and the persons the consequences which would result obviously guilty of the attempt at as- from admitting such testimony, dependsassination. And this defect, so deci- ing solely on the action of one of the sive and fundamental by our laws, is parties and tending to convict the other, attempted to be supplied by these are too obvious to require examination. moral proofs-that is, by the political The letter contained the following opinions of Dupoty; by occasional re- expression: “ This monster maintained marks in his journal, violent indeed, before the examining judge that he had but far from recommending insurrec- been received in my chamber and in my tion; by his associations; and by some presence,—this is a thing which I don't of the previous circumstances of his recollect.” One would suppose that life. It seems to me that the facility this sentence was a very harmless one, with which prosecutions are instituted so far as regards its effect upon the in France against the conductors of the journalist. Not so, however, thought press is a great error in the internal the Chancellor. The manner in which policy of the country. Probably three he connects it with the accused is one times out of four the parties are acquit- of the most extraordinary instances of ted, and almost always the public sym- judicial ingenuity, or, I may rather say, pathy is enlisted in their favor, and the of judicial absurdity, which it has ever obnoxious article acquires a notoriety been my lot to meet.
That I may not and importance which its intrinsic be accused of perverting the meaning merit would have never given to it. of this high functionary, I will quote My settled conviction is, that under verbatim his remarks:
“ This phrase, any government there are very few more than any other, shows that he aberrations of the press which ought to who wrote the letter believed that you be visited by public prosecutions. If would easily understand him; and these consist of hard words, they may when he said simply received, it is evibe safely left for their correction to the dent that in his opinion ycu knew what good sense of the community; if they had passed in that chamber, and in state injurious facts, let these be ex- whai society Laupois had been replained, corrected or denied, by means ceived; otherwise how can you explain of the same great vehicle of communi- the motives that dictated this letier ?” cation, and the truth will finally pre To this shrewd suggestion, Dupoty yail, with as much certainty and far very justly replies, that this effort on better effect than if the law were in- the part of Launois was but an absurdvoked to find a judge or an avenger. ity ; that, ignorant of the condition of
Dupoty conducted himself before the the press and its duties, he supposed it Chamber of Peers with much sang- could take up his defence, and that froid and dignity, never losing his pre- this might be useful to him. sence of mind, and from time to time The Chancellor.—“I read at the bota evincing great shrewdness in his an tom of the letter that was addressed swers and remarks.
to you these words: We are always
au secret since our arrest. Adieu, dear tion of having participated in an assascitizen, I squeeze all your hands.'- sination.” Remark the choice and the bearing of To appreciate, however, the true these expressions,—don't you see that character of this examination, as well they suppose a great degree of intima- as the ordinary examinations before cy? I squeeze all your hands—that the French tribunals, it must be borne is to say apparently, not only yours, in mind that the accused party has the but those of your common friends." right to shut himself up in what the
I assure the reader that I obey the French jurists call a complete system poet's injunction, “ Nothing extenuate, of dénégation, or denial, or of absolute nor set down aught in malice." I silence, without thereby occasioning quote the expressions of the Chancellor the slightest injury to his case. If he of France, word for word, and as they says (and he ofien does so by the adare given in the Moniteur, the official vice of his counsel,) I do not choose to journal of the government. The criti- answer, there is an end to the interrocal acumen which they display is be- gatory, and the trial must proceed upyond my power of appreciation. on the proofs which the prosecution
Dupoty replies, that everyone may be able to furnish. In the trial who knows the relations of the press to which I have referred, in the Chamwith the uneducated portion of the ber of Peers, all the prisoners were people, knows that there is much defended by able counsel, and the most looseness of expression in their letters. unlimited intercourse was permitted And he appeals to the examining judge between them. The counsel was no to say if he has not often seen similar doubt satisfied, that the rejoinders of expressions which pre-suppose much their clients to the questions of the intimacy between the writers and those President would not make their cases to whom the letters are addressed, al- any worse than if they remained sithough they were strangers to one lent. As to Dupoty, he evidently reanother.
lied upon his own resources, and in The Chancellor,—continuing his the encounter between him and the reading, says: “ In fine the letter thus Chancellor, he proved himself more terminates : In awaiting a better for- than a match for that distinguished tune the time fails me'-although magistrate. His fate, as well as that these expressions are less formal than of his co-accused, is now in the hands those which precede, they seem yet to of the Peers, all the proceedings both indicate a community of situation and testimonial and argumentative having sympathy, which is the more remark- terminated. I may be able to announce able when they see the author of the to the readers of the Democratic Reletier invoke the same future for you view the result. It is looked to with and for him."
great anxiety by all rational lovers of Dupoty.—“I cannot enter into the good order and of popular liberty. motives of the writer, all I can affirm The present code of jurisprudence in is, that there was nothing in common France, both civil and criminal, was between Launois and me, and that the work of a commission of eminent before I had been confronted with him, jurists; and after its preparation it was I had never seen him."
discussed, paragraph by paragraph, in I terminate these quotations with the Council of State, presided over by the following remarks of Dupoty in Napoleon. answer to a series of questions having The Emperor encouraged the fullest reference to almost the whole course expression of opinion; and the record of his preceding life; it is impossible of the deliberations, which has been to expose more vividly the injustice of published, everywhere bears proof of this procedure: “I have not strength his sagacity and of the ability of the enough to protest against this manner men by whom he was surrounded. of proceeding. I have vainly sought, He himself judged and decided, and since you commenced this interroga- the result has been the construction of tory, and I cannot find, what relation a monument far more honorable and there can be between the circumstances durable than his fame as a conqueror, to which you allude, and which were acquired upon a hundred bloody fields. not called into question at the time This code is now the law of France, of they occurred nor since, and the accusa. Belgium, of Greece, and of the Rhen
ish provinces of Prussia. In Holland, verse the judgments of inferior triin Lombardy, and in Naples, though bunes. This obvious defect of jurisit has been modified, it is still the basis diction was the more remarkable from of their jurisprudence. Some of its the course which cases submitted to forms of procedure have been recently its decision might take, and in fact did adopted in Prussia, where a commission often take. If the Court of Cassation is now sitting charged with the duty judged that the decree of the Cour of preparing a uniform code for the Royale was erroneous, it annulled it, monarchy. The progress it has made and then ordered the cause to another is the best proof of its intrinsic merit, court for a rehearing. If on the second and of its adaptation to the existing trial a judgment similar to the first state of society in Europe. Its provie was rendered, the affair was ended, sions are expressed in simple and in- and the decisions of the two inferior telligible language, without that inter- tribunals outweighed the decision of minable multiplicity of words, that the appellate court. The question of never ending iteration of “said” and law thus in contest was then laid be“aforesaid," and of the kindred men- fore the Minister of Justice, and by him bers of that family, which disfigure carried to the knowledge of the Chamour statutes, and overlay their mean- bers. Sometimes an act was passed ing in a redundant phraseology. Its declaratory of the law, and sometimes divisions follow each other in their the uncertainty was suffered to remain natural order, and such was the perplexing the tribunals, the parties, original perfection of the work, and the bar. This state of things, joined also to a desire to avoid that however, so incompatible with the great evil under which we suffer, unity of the laws, was corrected by an too much legislation, that very few act of the legislature in 1837; and changes have been introduced. And now, if a judgment is reversed by the in the introduction of those which have Court of Cassation, it is still sent to taken place, an excellent practice has another Cour Royale for a rehearing; been adopted, not to amend the exist- but if this court agrees in opinion with ing law by a supplementary provision, its co-ordinate court, the case is then which often renders it extremely diffi- again carried before the appellate judicult to determine whether a statute is cature, where a solemn session of all repealed in whole or in part; but to the chambers is held, and the judgstrike out from the code the entire pa- ment rendered. If this judgment is ragraph, and to replace it by another, confirmatory of the first, the inferior bearing the same number, and con tribunals are then bound to conform taining the desired amendment, in- themselves to the decision. Why a corporated with what remains of the much more simple process is not adoptoriginal provision.
ed to arrive at the result, than this apFrance, for the purpose of justice parently complicated procedure, I proand police, is divided into eighty-six fess my inability to explain. I do not, departments, including the island of however, belong to that class of obCorsica. Each of these departments servers who dogmatically condemn all is divided into arrondissements; the they do not comprehend; and I am arrondissements into communes, and disposed to believe there must be some the communes into cantons. At the good reason for this seeming anomaly, head of each department is a high offi- or the able men who conduct the lecer, called a préfet, who administers gislative and judicial departments of the executive functions under the Min- the French government would interister of the Interior ; in each arrondisse- pose a prompt remedy. ment is a sous-préfet, in each canton a Next in dignity to the Court of Casjustice of the peace, and in each com- sation, but out of the circle of the ordimune a mayor. The justice of the nary jurisdiction, is the “ Court of Acpeace and the mayors are invested with counts.” It is an admirable institution, judicial and police authority,
and I find that public sentiment attriAt the head of the judicial organiza- butes to its constant surveillance much tion of the kingdom is the Court of of the economy, promptitude, and reCassation, so called from the French gularity, which prevail in the collecword casser, to break, because at its tion and disbursement of the public institution it had power only to re revenue of France. Those depreda
tions, resulting from the defaults of Next to these two sovereign tribufiscal agents, which are so lamentably nals, in the French judicial hierarchy, frequent in our country, are almost un are the “ Cours Royales." Of these known here. And I do not find in there are twenty-six, each of which the most vehement discussions of the embraces several departments within Chambers any intimations that ac. its jurisdiction. It is this class of counts have been unjustly allowed by courts upon which devolves the adjuthe treasury officers, or the public dication of far the greater portion of money diverted from the purposes the subjects of litigation arising in the designated by law. If such events community. Its members also hold were to happen, it would be the duty Courts of Assizes, where persons “put of the Court of Accounts—and they in accusation," or, as we should say, would no doubt rigorously fulfil it-to indicted, are tried. expose and punish the malversation. Next come the courts of “ Première
Its jurisdiction is divided into two Instance," of which there is one in great branches. The first relates to each arrondissement, resembling in the collecting and disbursing agents of their general duties our county courts. the government. The terms of this Besides these inferior tribunals, proposition sufficiently explain the na- there are courts of commerce, sitting ture of these functions. The second in the principal commercial places, embraces a branch of the public service with special jurisdiction over all comwhich unfortunately has no analogous mercial questions. The judges are institution in our country or in England. elected by the persons engaged in I say, in England, because if it had trade. The number of these courts existed, we should doubtless have is 219. copied it; as we have been pretty close Last in order are the justices of the imitators of the legal system of our peace. They have jurisdiction in civil father-land. That spirit of innovation affairs to the amount of fifty francs, and improvement, so prominent and without appeal; and, with the right of powerful in all the other great depart- appeal, to the amount of 100 francs. ments of life, mental and material, They have also summary power in wholly fails us when we touch the many cases of disputes, relating to charmed circle of jurisprudence. The fields, fruits, grain, etc., changes of French Court of Accounts supervises landmarks, reciprocal complaints of the operations of the treasury officers masters and servants, and other controin the allowance and payment of claims versies of a similar nature. against the government. It examines In criminal cases, they can inflict a their accuracy, and compares them fine not exceeding fifteen francs, and with the acts of appropriation. Every imprisonment not extending beyond year all the operations of the treasury five days. Each justice of the peace for the preceding year are submitted to has a greffier, or clerk. this court; and it prepares a detailed The personnel, if I may so speak, of report, stating the result of its examina- the French courts is entirely different tion of this great branch of service. in its composition from that of ours. This report is laid before the Chambers, It is vastly more numerous, and each at the commencement of their session. court is divided into various chambers; In France, two legislative acts are ne- which, in fact, become separate tribucessary in the progress and settlement nals, for all of them are simultaneously of accounts. The first makes the appro- engaged in the trial of causes assigned priations, and the second, which is to them, I believe, according to their passed upon the report of the Court of nature, whether civil or criminal. One Accounts, at the termination of the chamber of the Court of Cassation is operations of a given year, grants the called the Chambre des Requêtes, and sanction of the legislature to the trea- its exclusive duty is to examine quessury proceedings. I am certain that tions of appeal, and to judge if there is the institution of a similar tribunal in sufficient cause to send them to the the United States, with such modifica- proper chamber for decision. If its tions as might be demanded by the opinion is adverse to the appellant, nature of our institutions, would pro- there is an end of the matter. If it is duce incalculable advantages to the favorable, the cause is then carried to public treasury.
the appropriate chamber for final de