Life of Napoleon Bonaparte, Volume I.Scott, Walter
History
Life of Napoleon Bonaparte, Volume I.
Scott, Walter
France -- History -- 1789-1815; Napoleon I, Emperor of the French, 1769-1821
set the sense or feelings of the nation in opposition to those of the
capital! Republican or royalist was equally sure to perish in the rash
attempt.
[Sidenote: TRIAL BY JURY.]
The Parliaments of France, long the strongholds of liberty, now perished
unnoticed, as men pull down old houses to clear the ground for modern
edifices. The sale of offices of justice was formally abolished; the
power of nominating the judges was taken from the crown; the trial by
jury, with inquests of accusation and conviction, corresponding to the
grand and petty juries of England, were sanctioned and established. In
thus clearing the channels of public justice, dreadfully clogged as they
had become during the decay of the monarchy, the National Assembly
rendered the greatest possible services to France, the good effects of
which will long be felt. Other alterations were of a more doubtful
character. There might be immediate policy, but there was certainly much
harshness, in wresting from the crown the power of granting pardons. If
this was for fear lest grace should be extended to those condemned for
the new crime of leeze-nation, or treason against the Constitution, the
legislators might have remembered how seldom the King dares to exercise
this right of mercy in favour of an unpopular criminal. It requires no
small courage to come betwixt the dragon and his wrath, the people and
their victim. Charles I. dared not save Strafford.
The National Assembly also recognised the freedom of the press; and, in
doing so, conferred on the nation a gift fraught with much good and some
evil, capable of stimulating the worst passions, and circulating the
most atrocious calumnies, and occasioning frequently the most enormous
deeds of cruelty and injustice; but ever bearing along with it the means
of curing the very evils caused by its abuses, and of transmitting to
futurity the sentiments of the good and the wise, so invaluable when the
passions are silenced, and the calm slow voice of reason and reflection
comes to obtain a hearing. The press stimulated massacres and
proscriptions during the frightful period which we are approaching; but
the press has also held up to horror the memory of the perpetrators, and
exposed the artifices by which the actors were instigated. It is a rock
on which a vessel may be indeed, and is often wrecked; but that same
rock affords the foundation of the brightest and noblest beacon.
We might add to the weight of benefits which France unquestionably owes
to the Constituent Assembly, that they restored liberty of conscience by
establishing universal toleration. But against this benefit must be set
the violent imposition of the constitutional oath upon the Catholic
clergy, which led afterwards to such horrible massacres of innocent and
reverend victims, murdered in defiance of those rules of toleration,
which, rather in scorn of religion of any kind than regard to men's
consciences, the Assembly had previously adopted.
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