France in eighteen hundred and two : $b Described in a series of contemporary lettersYorke, Henry Redhead
History
France in eighteen hundred and two : $b Described in a series of contemporary letters
Yorke, Henry Redhead
France -- Description and travel
There were three judges, who wore the same gowns as our Masters of
Arts. The prisoners were seated on their left, attended by two _gens
d’armes_ and their counsel on a seat below them; to the right the
jury and public prosecutor were stationed. This latter official was
habited like the judges.
One of the prisoners completely established an _alibi_, the others
succeeded so far as to render the evidence against them all ambiguous,
so in consequence they were acquitted.
The Revolution caused such havoc among the corps of lawyers that the
profession is scarcely deemed reputable. Every advocate of the old
Monarchy, who entered into the spirit of the times, is now either a
member of the Tribunate or the Conservative Senate.
The most lamentable circumstance in the interests of justice is the
mean salaries granted to the judges, the principal of whom do not
receive more than £400 sterling a year; and when the importance of
their functions and their relative rank in society are contrasted
with their pay, one cannot avoid thinking that there is a deliberate
intention to degrade the name of Justice in this country, by rendering
it infinitely below the scale of military authority.
This opinion is corroborated by what took place a short time ago at the
Tuileries, when the Civil Code was under discussion. Cambacères, the
Second Consul, had actually persuaded Bonaparte that in England there
were _no juries_ in _civil causes_. Upon further inquiry St. Jean d’
Angely assured him of the contrary. “How is this, Cambacères,” said
the First Consul, “I am now told that the English always have juries
in civil as well as criminal causes?” The latter still persisting,
Blackstone was appealed to, but as no one present understood enough
English to read this law book, Bonaparte extricated himself from the
dilemma by saying: “Oh! as to these matters, one says one thing and
another another; there appears to be no certainty at all about what is
the practice in England, nor is it of any consequence whatever, but
I decide there shall be no juries in France in civil causes!” _Ainsi
soit-il!_
With this stupendous effort of human judgment I finish my account of
the mode in which justice is administered in this enlightened Republic.
XXXIX
NEWSPAPERS. CHARACTERS OF THOSE CONCERNED IN THEM
[Sidenote: FRENCH NEWSPAPERS]
In the inaugural address pronounced by the celebrated Montesquieu
on his admission to the French Academy, January 24, 1728, he said:
“Talents without virtues are fatal presents, only proper to add
strength to our vices and to render them more conspicuous.”
Had Montesquieu lived to this day he would have thought in the same
spirit.
But he would not have survived the Revolutionary storm unless he had
taken refuge in exile.
I well remember a rebuke I once received from Robespierre when I
extolled “The Spirit of Laws.”
Public-domain text, read in full here on John Shaqi.
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