The delegate of Justice, a lawyer, had only to make a summary of the
reforms long since demanded by all Socialists. It was the part of a
proletarian revolution to show the aristocracy of our judicial system
the despotic and antiquated doctrines of the Code Napoleon; the
sovereign people hardly ever judging themselves, but judged by a caste
issued from another authority than their own, the absurd hierarchy of
judges and tribunals, the _tabellionat_, the procureurs, 400,000
notaries, solicitors, sheriffs' officers, registrars, bailiffs,
advocates and lawyers, draining national wealth to the amount of many
hundreds of millions. It was, above all, for a revolution made in the
name of the Commune to endow the Commune with a tribunal at which the
people, restored to their rights, should judge by jury all cases, civil
and commercial, misdemeanours as well as crimes; a final tribunal,
without any appeal but for informalities, to state how solicitors,
registrars, sheriffs, may be rendered useless, and the notaries replaced
by simple registration officers. The delegate mostly limited himself to
appointing notaries, sheriffs' officers, and bailiffs, provided with a
fixed salary,--very useless appointments in a time of war, and which,
besides, had the fault of consecrating the principle of the necessity
for such officers. Scarcely anything progressive came of it. It was
decreed that, in case of arrests, the minutes were to state the motives
and the names of the witnesses to be called, while the papers, valuables
and effects of the prisoners were to be deposited at the Suitors' Fund.
Another decree ordered the directors of lunatic asylums to send the
nominal and explanatory statement concerning their patients within four
days. If the Council had thrown some light on these institutions, which
veil so many crimes, humanity would have been its debtor. However, these
decrees were never executed.
Public-domain text, read in full here on John Shaqi.
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