Reminiscences of Prince Talleyrand, Volume 2 (of 2)Colmache, M., active 19th century
History
Reminiscences of Prince Talleyrand, Volume 2 (of 2)
Colmache, M., active 19th century
Talleyrand-Périgord, Charles Maurice de, prince de Bénévent, 1754-1838
The first question I put to myself was, What is the Court of Peers?
The answer is, An extraordinary tribunal, instituted by the Charter,
for judging certain affairs which that Charter has withdrawn from the
ordinary tribunals, either on account of the serious nature of the
crimes, or by reason of the rank of the individuals accused. Such, it
appears to me, are the meaning and the spirit of Articles 33 and 34 of
our fundamental law.
Is this a wise institution? Is it beneficial to the country? I
would answer in the affirmative. But these points are not for me to
determine. The Charter has decreed, and that is sufficient.
Now, in what does this extraordinary tribunal resemble the ordinary
tribunals? Can it be tied down to the same forms of procedure? I find
that the law—the faithful guardian of the interests of society, whilst
it declares that crime must not escape punishment, is, nevertheless,
more watchful in protecting the innocent than in punishing the guilty.
It has therefore wisely established hierarchical degrees in the
judiciary organization. It separates the accusation from the judgment,
and even after judgment the condemned is empowered to appeal for its
annulment, if, in the long course of proceedings, a single one of the
prescribed tutelary forms shall have been violated or disavowed.
But in the Court of Peers there are no hierarchic degrees; there is
not, and cannot be, a chamber of accusation distinct from the court of
judgment, where the accusers are themselves the judges. When the Court
of Peers has pronounced, the condemned party has no appeal, either on
the score of form or fact. The mercy of the king alone can save him.
The justice of the Court of Peers is one and indivisible; its action is
prompt and irreformable, and against its decisions there is no appeal.
It must not be supposed that public feeling rises in alarm against a
tribunal which, by its inflexible rapidity, promptly terminates the
most important affairs. On the contrary, innocence will always appeal
for its protection, and guilt itself will seek refuge in the august
sanctuary. The reason is, that the guarantee afforded by the tardy
forms of the ordinary courts, is abundantly atoned for by the vast
number of the judges in the Court of Peers—by the importance attached
to their elevated position—and by the sort of religious awe which takes
possession of them, when, at distant intervals, the law calls them from
the peaceful habits of their lives, and arms them with the sword of
justice.
Thus it is shown that ordinary justice is hierarchical and successive,
whilst, that of the Peers is indivisible and instantaneous. Ordinary
justice, by reason of its hierarchical character, is susceptible of
change both in its nature and in its forms; the justice of the Peers,
inasmuch as it is indivisible, is incapable of change.
Public-domain text, read in full here on John Shaqi.
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