Courts -- United States; Revolutions; United States -- Politics and government
True judicial courts, whether in times of peace or of revolution, seldom
fail to be a substantial protection to the weak, because they enforce an
established _corpus juris_ and conduct trials by recognized forms. It is
startling to compare the percentage of convictions to prosecutions, for
the same class of offences, in the regular criminal courts during the
French Revolution, with the percentage in the Revolutionary Tribunal.
And once a stable social equilibrium is reached, all men tend to support
judicial courts, if judicial courts exist, from an instinct of
self-preservation. This has been amply shown by French experience, and
it is here that French history is so illuminating to the American mind.
Before the Revolution France had semi-political courts which conduced to
the overthrow of Turgot, and, therefore, wrought for violence; but more
than this, France, under the old régime, had evolved a legal profession
of a cast of mind incompatible with an equal administration of the law.
The French courts were, therefore, when trouble came, supported only by
a faction, and were cast aside. With that the old régime fell.
The young Duke of Chartres, the son of Égalité Orleans, and the future
Louis Philippe, has related in his journal an anecdote which illustrates
that subtle poison of distrust which undermines all legal authority, the
moment that suspicion of political partiality in the judiciary enters
the popular mind. In June, 1791, the Duke went down from Paris to
Vendôme to join the regiment of dragoons of which he had been
commissioned colonel. One day, soon after he joined, a messenger came to
him in haste to tell him that a mob had gathered near by who were about
to hang two priests. "I ran thither at once," wrote the Duke; "I spoke
to those who seemed most excited and impressed upon them how horrible it
was to hang men without trial; besides, to act as hangmen was to enter a
trade which they all thought infamous; that they had judges, and that
this was their affair. They answered that their judges were aristocrats,
and that they did not punish the guilty." That is to say, although the
priests were non-jurors, and, therefore, criminals in the eye of the
law, the courts would not enforce the law because of political bias.[43]
"It is your fault," I said to them, "since you elected them [the
judges], but that is no reason why you should do justice yourselves."
Public-domain text, read in full here on John Shaqi.
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