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102

791 Tribunals of Ist Instance, 1678 Commerce,

909 2745

6274

cision. Appeals exist in civil and with the duty of interrogating the pricriminal cases. In the former, the soner, and, to fulfil this task, he makes parties are allowed three months to himself perfectly acquainted with all take their appeal, and in the latter, the facts, and comes to the trial fully three days. Every person sentenced prepared to draw them out. These to a capital or infamous punishment peculiar attributes of the French has the right to carry his case before judges are of inestimable importance the Court of Cassation. These cases in the prosecution of criminal affairs, are promptly determined, so that there and they are performed with great is little delay, and that little is far labor and study. more than overbalanced by the secu The following is the number of the rity to the most precious rights which judicial officers of France, which I the existence of this process ensures to have taken the trouble to extract from the community and the party. I have the “ Almanach Royal et National" for often wondered, that we, who are so 1840, the Blue Book of the kingdom, jealous upon all other subjects of per- and also from the budget of the sonal liberty, and who have provided Garde des Scéaux" submitted to the such ample means for the re-examina- Chambers : tion, by a supreme tribunal, of questions-indeed almost the smallest ques. Judges of the Court of Cassation,

Accounts, tions--affecting the value of property,

Cours Royales, should have left persons accused of crimes without any resource against Justices of the Peace, the errors of judges, engaged in the

Judicial officers in France, pressing business of a session, and liable, from the very circumstances of Salaries in France are generally low. their position, to decide hastily and, In a comparatively few exceptional of course, erroneously. I say without cases, where the naiure of the station, resource, because the provisions which either at home or abroad, leads to ineva exist upon this subject, where they itable expense, the allowances are exist at all, are so hedged round with large. But otherwise they are quite difficulties, as greatly to diminish if moderate, when the wealth and habits not to destroy their value.

of the country are taken into view. In the Cours Royales there is a I extract from ihe budget of the chamber called the “Chambre d'Accu

“Garde des Scéaux," or Minister of sation,” whose functions bear some Justice, the following exhibit of the analogy to those of our own grand salaries of judicial officers. I put the juries. It examines the charges, and sums in francs, but I add also the if these are deemed insufficient or in- amount in dollars, not precisely, but sufficiently supported, the accused is with sufficient exactness for all usereleased from the prosecution-other- ful purposes of comparison : wise, the act of accusation or indict. ment is drawn up from the statements of the witnesses, and then the cause is referred for trial to the chamber 10 which it appropriately belongs. The Each other Judge, investigations in criminal cases in the French courts are far more searching First President, than in ours.

Three other Presidents, each The necessary facts are collected and arranged with great lighteen other Judges, each care, and the parquet, as the law. Sixty-two other Julges, each officers of the crown are technically called, places itself in possession of all 37 First Presidents, average each the incidents which can serve to de. The other Judges, average each

93 Presidents de Chambre, average each 4,390 velop the affair. The antecedents of the accused are carefully sought, and the proof, moral and material, or, as

3,000 we should say, circumstantial and direct, are brought to bear with great fewer than the Presidents, and thereforce upon the accusation. The presi- fore the increased allowance in sonue dent of the tribunal is always charged average greater. The great majority

COURT OF CASSATION,

Francs. Dolls. The First President has

80,000 6,000 Three other Presidents, each

13,000 3,600 15,000 3,000

COURT OF ACCOUNTS.

25,000 5,000

15,000 3,000 Eighteen Judges, each

12.000 2,400 5,500 1,100 2,400 480

COURS ROYALES.

13,500 2,700

876 3,590 718

TRIBUNALS OF FIRST INSTANCE.
The Presidents, average

2.600
The Vice Presidents,

The reason of this apparent anomaly is, that the Vice-Presidents are much

520 600

2,250
2 000

450
400

ceive

480
320

1,600

800

France, Dolls.

Second
Thirit
Fourth

(or in our administrative nomencla.

of the Presidents and Vice Presidents

ity do not defray the expenses they are receive the same sum, to wit: Judges,

intended to meet,-a colonel receiving generally merchants, who perform their duties but 360 francs ($72), per annum for

The Judges of the Tribunals of Commerce are but 960 francs ($192), and a captain gratuitously. JUSTICES OF THE PEACE.

rent; and the former 320 fr. ($64), and At Paris the Justices of the Peace re

the latter 180 fr. ($38), for furniture.

2,400 At Bordeaux, Lyons, and Marseilles,

I believe the officers in all the cities of At Lille, and four other cities,

1,200 240 France, except the officers of the staff, At Amiens, and thirteen other cities, 1,000 And in all other parts of the kingdom,

160 lodge in hired quarters; rarely, if ever, I subjoin a few other salaries of civil in the public casernes. They receive officers, that a general notion may be no rations, nor any allowance for them formed of the system of remuneration except during war. A colonel and adopted by the French government.

lieutenant-colonel are allowed forage The Ministers, or as we should say for two horses; and all other regimenthe Secretaries of the Departments, are

tal officers required to be mounted are provided with houses, and these are allowed for one. The horses must be heated and lighted at the public ex- actually kept in the service. No propense, and their salaries (with one ex

vision exists for servants, nor any comception) are 80,000 fr., $16,000.

pensation for them. But their expenses are great, as cus

In all the above calculations, for the tom imposes upon them the duty of sake of round numbers and facility, the giving expensive dinner parties, and of dollar has been assumed as worth five keeping their houses open one evening

francs. In exact truth it is worth about in the week, more than half the year.

six cents more, so that all the sums Paying officers in the Departments here stated in dollars may be reduced receive the following salaries :

about one-fifteenth lower.

I had intended to place in juxtaposiFirst class,

10,000 2,000 tion with this scale of compensation, 8,000 1,600 the rate which is paid in England for

6,000 1,200 similar services, but I have not time to The Directors of the Custom Houses

make the necessary researches, and ture, Collectors,) in twenty-six of the

must therefore forego my object. The 99 Inspectors, each

salaries allowed, however, to some of 99 Sub-inspectors, each

600 the principal functionaries in the Bri165 Principal Clerkr, each

tish metropolis are well known to be

enormous, and may be referred to not 711 Clerks,

300 unprofitably, as showing the tendency In further illustration of the remark to profuse expenditure which is the neI have made upon the low scale of offi- cessary consequence of large revenues cial salaries in France, I subjoin also and little responsibility. They will be the following statement of the rates of found to contrast significantly with the pay in the army, the general accuracy policy of the French government. of which may be relied on, being de- When is the day to arrive, when the rived from official sources :

weary and heavy-laden masses of Eng.

land, of whose oppressive burthens of footing. footing. of absenre. taxation these great aristocratic salaField Marshal,

ries constituie one of the chief items, Marechal de Camp,

will arouse themselves to a full consci(Major General)

ousness of their own mighty wrongs, and to that energy of will and deter

mination alone necessary, to cast off Colonel of Engineers,

those burthens and redress those Lt. Colonel, Chef de Bataillon,(Major) 720

wrongs? Surgeon,

In the Court of Cassation, and in Captain of 1st Class,

many cases in the Cours Royales, the

questions in litigation are referred to Lleut. of 1st Class,

one of the judges, who is there styled Sous-Lieutenant,

the reférendaire, and who is required In addition to the above stated pay, to make an elaborate written report, there are also in some cases allowances embracing all the points in discussion, for rent and furniture; but they are and his views upon them; and this revery moderate, and, I suppose, in real- port is then discussed by the court, and VOL. IX.-NO. XLIX,

3

principal cities, average

265 Accountable Receivers, each

93 Comptrollers, 815 Verificators,

10,000 2,000
4,800 960
3.000
1,600 320
1,450 290
3,000 600
2,200 440
1,500

Peace

War

On leave

Lieutenant General,

$6.000

3,000
2,000

$14,000

3,750
2,500

$1,520

1,014

66

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INFANTRY CF THE LINE AND LIGHT INFANTRY. Colonel in the Staff, 1,250 same,

623 Colonel of Artillery, 1,250

1,250 Colonel,

1,000

500 660

430

360 480

240 Assistant Surgeon,

290

145
480

210
21
400

200
290

145 260

130 240

120

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adopted, modified, or rejected. And in mark of satisfaction for the exertions the execution of this duty, the referen- of his lawyer. daire, or where there is no referendaire, At present, bribery, whatever form the president of the tribunal, is exposed it can assume, is utterly unknown in to a custom, formerly universal and the French tribunals. The robes of yet very prevalent; but which is so ir- their members are spotless. But the reconcilable with our notions of judi- practice of intercession, or rather, of cial reserve, that we are involuntarily complimenting the judge, still exists. induced to look with suspicion upon It is a mark of respect which is looked the administration of justice where for, and whose omission is considered magistrates are liable to such importu- as violating the established rules of nities. The parties are expected to professional etiquette. This want of wait upon the judge, and to tender him conventional propriety has, assuredly, their compliments, and this visit is no other operation upon the issue of the called in technical language, “visite process, than any other mark of illde supplique," or visit of supplication. breeding, though from the constitution Justice has always been venal in the of human nature it may occasionally East, and this plague-spot yet adheres excite feelings not reconcilable with to its ermine wherever the Moslem has an impartial decision. The inconveplanted his institutions. It assumes niences of this custom ar felt and dethe softened appearance of a free gift, plored by many members of the bar and vain are the hopes of the Giaour, and the bench; and at least two of the however just his cause, if the itching Cours Royales, those of Orléans and palm of the Cadi does not feel this ju- Rouen, have abolished it within their dicial stimulant or corrective. Among jurisdiction. It yet maintains, however, the western nations of Europe the its sway at Paris and in many other bribe became much earlier a present, parts of the kingdom; and as the probut both had so far disappeared before fession is everywhere somewhat tenathe advancing opinions of the age, that cious of established usages, it may be in England Bacon furnishes the last difficult to effect its entire suppression. example of an eminent judge who dis. And in proof of this difficulty I am honored himself and his profession by able to refer to a letter from an able this practice. In France, however, and estimable judge of the Court of Caspresents to the magistrates made part sation, to whom I had applied for inof the duty of suitors, and constituted, formation upon this subject. Among I am told, the greater portion, if not other things, he says: "The visits of nearly all the compensation of these the parties have no longer the obligaofficers.

These contributions were tory character they possessed under the familiarly called, their épice, their spice, parliament. We receive those who and were universally paid by the suitors think they have any useful information down to the revolution of 1789; and to communicate upon their process. a very able French advocate, who was This appears to us free from impropridriven to our country by the storms of ety. But there are some tribunals who that period, and who afterwards re- have thought proper to interdict these turned to enjoy a high reputation for visits by special regulations. This is learning and probity in his own-M. an example which we (the Court of De La G.-has assured me, that the Cassation) have neither wished to give traditions upon this subject had not nor to follow.” altogether lost their force, even a few But I repeat, that this ancient cusyears since. An instance passed with. tom thus modified leaves untouched in his own observation, and the judge the purity of the French judicial charextricated the maladroit suitor from a acter; and that it is obnoxious to censerious embarrassment, with equal sure, only as it exposes the judges to good sense and good feeling. Without unseasonable, and, as we should say, the knowledge of his Avocat, the indelicate visits. client had sent to the judge a basket of To show the practical nature of this game, with a note requesting his ac- application, I annex a letter, which ceptance of it. The magistrate direct- was written by an American functioned the note and the basket to the ary here to the president of a tribunal, Avocat, informing him it had been sent to which one of his countrymen had by mistake to the wrong place, and been compelled to appeal, in a case of that it was intended by the donor as a signal injustice, involving a question of

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the laws of nations. The letter was genarian Jew, if expiated upon the prepared in the usual form by the avo- scaffold, with the usual accompanicat of the party, and was sent with the ments of prolonged torture, which beofficial card of the writer. It will be longed to the code of that day, would perceived that it is altogether a harm- have entailed disgrace upon a crowd less epistle, and is in fact but a com- of his noble relations; and they would pliment of usage, like the formal ter- have found the entrance to the rich mination of a letter, or any other mark and princely chapters, abbeys, and of respect, which the forms of society bishoprics, both of France and Germarequire :

ny, and many commanderies and orders,

even that of Malta, closed to them. “ To M. de B-President of the All these comfortable places of refuge Tribunal of the First Instance. for the cadets of noble families requir“ M. le President,

ed, as indispensable preliminaries to “ Certain articles and papers, their participation, that the applicant belonging to M. have been de- should exhibit his proofs for four gentained at a certain house in Paris, and erations. “Sir," said the Prince de he has commenced suit before you on Ligne to ihe Regent, “I have in my the subject.

genealogical tree four escutcheons of “ Permit me to ask of you, that this Horn, and consequently I have four affair may experience as little delay as ancestors of that house! I must then possible, and accept the assurances of erase them; the result will be blanks, my high consideration.

and as it were blots in our family." (Signed)

The lively and garrulous old lady

then recounts the supplication of the In the memoirs of the Marquise de relatives of Horn, by which they hoped Créquy, that extraordinary woman, to relax the severity of justice. who had the good fortune to be pre- was decided that they should begin by sented to Louis XIV. and to Napoleon, soliciting the magistrates, to whom there is an interesting recital of an in- they stated the high rank, the illness, cident which in its day made much the disposition, and the unfortunate noise in Europe, and where this pro- derangement of the Comte de Horn. cess of supplication is prominently in. On the eve of his trial we went in a troduced. It was the trial of the body of relations, consisting of fiftyComte de Horn for an atrocious mur seven persons, into a long corridor of der. This man was related to many the palace, which led to the room of the most noble families of Germany where the trial was to take place, that and France, and among others to that we might solicit the judges upon their of the Regent Duke of Orleans. The passage. It was a melancholy ceremiserable trash of that day-for it de- mony, though every one entertained serves no milder epithet--which pre- great hopes, except Madame de Beauscribed the privileges of the feudal fremont, who was gifted with second aristocracy, pronounced also what sight, as it is called in Scotland. We should dishonor it. So far as disgrace both felt painful misgivings, with a was the consequence of crime, and was dreadful heaviness of heart. I must limited to the criminal himself, the mention this custom of saluting the everlasting principles of true justice judges as a strange ceremony. They and policy were faithfully observed. had waited in St. Louis’ Cabinet, that But this was not enough for an age of they might all be assembled to receive barbarous pride. The thirty-two quar- salutations, which they returned by terings of the escutcheon, in the lan- making each a low curtesy.' guage of the heralds, must not be Here, with a versatility significative soiled. The dishonor of a criminal of the deep impression which quesattached to all his kinsmen within tions of costume and etiquette had many degrees of propinquity: and to graven upon her mind, Madame de render the prejudice ridiculous as well Créquy suddenly forgets the melanas unjust, it was not the crime but the choly narrative which had absorbed punishment, which provoked the dis- her attention, and, with equal solemgrace. An assassination like that of nity and naiveté, quits the professional which Horn was guilty, instigated not duties on which depended life and by sudden passion, nor even by ven- death, to occupy herself with profesgeance, but by rapacity, upon an octo sional robes and curtesies. I must

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add, that custom has long decided on the family council, urged this circum-
lawyers saluting thus in their long stance upon his consideration, and
robes. It is the same with the Che- warned him of the heraldic dishonor
valiers de St. Esprit, when in their which awaited him. “I will share
long mantles, which always deter- the shame with you, gentlemen,” an.
mined parents of rank in my time to swered the Duke of Orleans, and bowed
make curtesying a part of the educa- the supplicators out of his cabinet.
tion of their sons, in hopes of their The institution of the jury has been
attaining that distinction. Boys were transplanted into the French law, but
kept in petticoats as long as possible it has somewhat of the sickliness of an
-often until the age of thirteen or exotic. It is, however, making its
fourteen. It subjected them to annoy- way, and even now there is no fear of
ance and persecution, but, until they its failure. Unanimity is not required
were dressed as men, they always sa- in its decisions. A simple majority of
luted by curtesying.” Oh! for the one is sufficient for a verdict; but in
dignity of human nature! If it is hu- that case the court has a discretionary
miliating it is also instructive, and may power to accept or modify. Over that
be profitable, to survey its absurdities. number, the verdict is absolute.
Not a century has passed away since The French judgments are all drawn
vile stuff like this was an important up by the judges themselves. There
study in life, and since its slavish vota- is no established form, as in our courts,
ries were par excellence the great ones which, while its observance is essential
of the earth, and ruled by the divine right to the validity of the proceedings, in
of hereditary wisdom. We have follies reality is utterly insignificant as to any
enough in our day, no doubt, which practical utility; which teaches nothing
our successors will be sufficiently acute and guards nothing, and yet if not fol-
to discover and ready enough to ex- lowed “ in literis," all the preceding
pose; but I trust, whatever else we do, investigations, both by the court and
we shall eschew the contemptible non- jury, founded upon the statements and
sense which, till after the middle of the proofs of the parties, are rejected; and
eighteenth century, made much of the ihe final decision, instead of turning
wisdom of some of the European na- upon the question of right, turns upon
ticns, and was a powerful and proxi- some idle dispute about words or forms,
mate cause of the mighty revolution the relies of a monkish age, but still
which swallowed up the Sybarite and preserved and worshipped with fatui-
his traditions.

And this is gravely
The effort, however, of the relations called justice!
of De Horn to save his life, and what A brief abstract of the judgment
was called their honor, having failed rendered yesterday by the Chamber of
with the magistrates, they repaired in Peers, in the prosecutions pending
another family procession to the Re- there for treason, referred to in the
gent, to ask, first, that the criminal earlier part of this paper, will exhibit
should not be executed, and second, the good sense of the French tribunals
if this favor could not be obtained, upon this subject. And, by-the-bye, I
that he should be nobly decapitated, lament to see that the journalist Du-
instead of being ignobly racked ; and poty has been condemned to imprison-
that thus the genealogical tree might ment for five years.
flourish unscathed. The Regent, to I am disposed to speak with all the
his immortal honor, refused this appli- deference which becomes a foreigner
cation. And this act of vigorous just- upon the internal questions of a coun-
ice is a redeeming trait in the sad try that he can never fully compre-
history of that able but dissolute hend; but it appears to me that this
prince, whose public and private life act of judicial rigor is almost a folly,
presents so much to condemn. Keep- and certainly a great error. Many will
ing in view the notions of the ancient consider it a great crime. Certainly,
régime, one can scarcely conceive a agreeably to any general principles
greater proof of magnanimity than he recognised among us, this editor could
furnished upon this occasion. He was not be convicted of treason, which em-
himself a relative of De Horn, through braces that class of acts that in France
his mother, a German Princess; and is submitted to the Chamber of Peers
the Prince de Ligne, the speaker of meer the denomination of complots

tous reverence.

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