France -- Description and travel; France -- Social life and customs
I asked General La Fayette not long since, what he thought of the actual
condition of France as respects the administration of justice. In most
political cases he accused the government of the grossest injustice,
illegality, and oppression. In the ordinary criminal cases he believed
the intentions of the courts and juries perfectly fair, as, indeed, it
is difficult to believe they should not be. In the civil suits he
thought a great improvement had taken place; nor did he believe that
there now exists much of the ancient corruption. The civil code of
Napoleon had worked well, and all he complained of was a want of fitness
between the subordinate provisions of a system invented by a military
despot for his own support, and the system of _quasi_ liberty that had
been adopted at the restoration; for the Bourbons had gladly availed
themselves of all the machinery of power that Napoleon bequeathed to
France.
A gentleman who heard the conversation afterwards told me the following
anecdote. A friend of his had long been an unsuccessful suitor in one of
the higher courts of the kingdom. They met one day in the street, when
the other told him that an unsealed letter, which he held in his hand,
contained an offer of a pair of carriage-horses to the wife of the judge
who had the control of his affair. On being told he dare not take so
strong a step, M. de ----, my informant, was requested to read the
letter, to seal it and to put it in the _boite aux lettres_ with his own
hands, in order to satisfy himself of the actual state of justice in
France. All this was done, and "I can only add," continued M. de ----,
"that I afterwards saw the horses in the carriage of Madame ----, and
that my friend gained his cause." To this anecdote I can only say, I
tell it exactly as I heard it, and that M. de ---- is a deputy, and one
of the honestest and simplest-minded men of my acquaintance. It is but
proper to add, that the judge in question has a bad name, and is little
esteemed by the bar; but the above-mentioned fact would go to show that
too much of the old system remains.
In Germany justice bears a better name, though the absence of juries
generally must subject the suitor to the assaults of personal influence.
Farther south, report speaks still less favourably of the manner in
which the laws are interpreted; and, indeed, it would seem to be an
inevitable consequence of despotism that justice should be abused. One
hears occasionally of some signal act of moderation and equity on the
part of monarchies, but the merits of systems are to be proved, not by
these brilliant _coups de justice_, but by the steady, quiet and regular
working of the machine, on which men know how to calculate, in which
they have faith, and which as seldom deceives them as comports with
human fallibility, rather than by _scenes_ in which the blind goddess is
made to play a part in a _melodrama_.
Public-domain text, read in full here on John Shaqi.
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