Star.
London, England, 1830-10-28 00:00:00

TO THE EDITOR OF THE STAR.

PARIS, OCT. $4.

Star—When the long-expected Code Napoleon broke upon our men-
tal vision, every philosopher and philanthropist, hailed its appearance
with rapture. To their exalted minds It seemed as a mighty blow struck
at the root of vice and crime. They agreed that the vicious and the
ahninal, seeing the: certainty of panishment; for: their misdeeds,
would no longer depend on escaping by the weakness and legal quibbles
which had hitherto befriended so many. That defined acme having de-
fined punishment, and eery crime having its classification, none could',
elude the insulted majesty of justice. But they did not consider that
the perpetrators of crime are seldom governed, by previous rellesliey
that the most ignorant of our fellow-creatures form the majority of those
who live upon society, and that is seldom happens that they coolly set
down and adaalated the chances, ere they plunged Into guilt. Holism*
S: the interests of the hymen race, i<bas boa fatal that this far.fanted
code, as a preventive, has not bate of sage:vice wbutemr. There was'
another class who hailed the publication of the code as tending to pew;
cure to every man chap and substandal justice, by the clear defialdoen,
as ft was supposed by its compilers, of every source of disagreement
among mankind in civil society. it was imagined by this class of phi.
losophas, that lawsuits would be wonderfully diminished, and the the
numbers who are supported by the evil pal:lona of mankind, would be
reduced one-half. But alas ! for the ingenuity of our species la wasp
doing, it was soon discovered that these ideas were Utopias, and the
Courts of Law had as many suitors, and maintained as Many retainers as
ever. Notwithstanding this failure of the more sanguine ideas of per.
Action on this subject, it cannot be denied that this code has
greatly benefited the jurisprudence of France. The powerful mind of
him, who consecrated this compilation by his name, delighted
to contemplate the good effect it would have upon future go.
Iterations, and he has been beard to say, " When my victories me for-
gotten, I shall go down to posterity with my Code in hand." Previ.
ously to itipublication, France,which was originally as Germany is now,
a confederation of petty States and Provinces, holding ender one se.
knowledged Monarch, was governed by different laws in her different
States. This caused an endless confusion. Appeals could be made to
other Courts, when a judgment was given, at some hundreds of miles
distance, and such were the means of harrassing an opponent, that riches,
and interest, were frequently triumphant over poverty and right. The
Code had at least the merit of placing every French citizen upon
an equal footing, and of dividing matters of debt and contract,
from those of crime and guilt. It is in Ragland found necessary, in
eases of mercantile convention, to decide frequently the custom of mer-
chants, and oftentimes complicated questions are tried, to which the
habits and mental qualifications of a common Jury are not supposed to
be adequate. Our law has therefeer provided a special Jury of mer.
chants for such occasions.—lt is probable, that the Jab-consults, who
framed the commercial Code, adopted from our practice the idea of tak-
ing the Judges of the Tribunal de Commerce ftom the most respectable
merchants of the city, where it is situated. This is invariably the case
in France, and seems to be attended with the happiest remits. Every
sedan (sr debt, breach of contract, or invasion of the rights of another is
Mid beftwe them, and the only qualification requisite for their election to
the Bench, where they preside for a limited tam of years is howled/Peg
ammercial affairs, and respectability of chaser:ter. They have alt
power of granting time to a debtor, and in many Instances the daisies
rests with them whether &claim can be :Area by confinement of die
debtor's person, as well as a seizure of his goods. They are not haul
so much by precedents as by the equity of the case in point. The Paw
Aunt of the Courts of Assize, which are only held foe the trial of these
mimes, whose magnitude are beyond the powers of the Tribunal of Orr.
tectional Police, holds an ofilat somewhat similar to our Judges. Our
Judges repeatedly warn a prisoner not to criminate himself; they wadi
the evidence, and will not suffer anything prejudicial to the priseastr,
contrary to what are termed its rules, nothing of hearsay is allowed, and
ht cases of law, the Judge is held to be of conned for the seamed. Beret
en the contrary, after the Procureur du Roi, or Attorney General has
opened the indictment. the President does all in his power to convict
the prisoner. He examines him most strictly, and comments upon the
replies as he goes on to the Jury. He tries to get every admission from
him, although it is but fair to add, that his endeavour appears to be the
elicitation of truth, however artfully concealed. If he suspects the tea-'
timony of a witness, he takes the same pains with him, and I have peen
criminals convicted entirely, by the efibrts made by the Freakiest, who
from defective evidence would otherwise have escaped. It should be
remarked that every one, who has net means to employ legal aeilelansai
has it assigned to bin at the expense of Government, in • the persons
of Attorneys, and Advocates of the first respectability and talent. To an
Englishman accustomed to the proceedinp of our Courts of JUsticemany
things occur which strike hint with surprise, as bearing so little analogy
to our own customs, which we have long believed to be the model oldie
world. The Trial by Jury they have borrowed from us in criminal meek'
by the law passed the Bth of the present month, all delinquencies of the
press will henceforward be subjected to the mane mode of trial Cir.
eumstances occasionally take place, which we should think unfair to
the accused. Our nation seem to entertain the mane feeling in juris-
prudence which distinguishes them in•their sporting pursuits.. A wish
to give the pursued a fair start, or a law, as it is termed. Query, has
not the term arisen from our legal practice ? Many a culprit has es.
aped in England from the doubts entertained d bid identity by the
conscientious witnese, front a change of dress. In Fames every reef.
Lion is made to procure and produce the clothes worn at the time of the
offence. I was witness to a scene which bordered epeer the ludicrous,
and ended by throwing the C:nrt into i asshole ((laughter. A female,
and two associates in a carriage visited the linen.despers and millisers
shops for II: purple of depredating. The lady was dressed in thafiret
style of fashion, and the gentlemen were exquisites, elegantly equipped,
and mustachioed in the most dashing manner. Laces were their prin-
cipal object, and for some days they were very successfult but at last
were detected and thrown into prison. At the trial the wheelies
expressed some doubt as to the identity of the Gendenses,. for
when they appeased in Court, " As smooth as Hebe's, were their erns.
awed lips." This difficulty had been foreseen, and the crier
called out in a stentorian voice for Monsieur Richard.--
A very grave elderly gentleman in black appeared, and ele-
vated his right band, while the President in a solemn tone ad.
ministered the oath, that he should execute the commands of the Court
upon the prisoners without favorer or affection, /x. ?ti which' he
impended "Si le jure" (that a swear.) The order was than given
aloud, " TAW the prisonas out of Court, and pat whiskers upon them."
Under the escort of some gendarmerie they were taken out, and shortly
reversed wkh their tips meet luxuriantly futerhhed in Imitation of nee.
tore. The witnesses then positively swore us • their regent, and they
was convicted. An appeal lies from every co:Haien to the CAM of
Caseation, which has the power of breaking, as its name denotes, meg
sententesEed, and remitting the mum to be trial afresh In case of
harem . It also has hey of not entklotidgteing pubhhettenr,
but of .11 to the sew. of a sentencit. The de:leg of the
Monarch is the only reseal aten this Court has &sided the fa el the
ealprit. It may be supposed from what has been said, that legal pro.
emseeare bat *Deft eforptitied, but experience still chews that they see
tatertbettal *whim: In the piresent slate of titlett, Minenpletaled
meths wasisacelesii of mashie& with emir awe, ilme it to MIL
colt to determine in what Cows to as astfisai and is vemileo.
quendy happens that a Court* after hostage ease for several hems,
roses to a &termini:et; that they we nor tailptitoe so deal, the
question, and that it belongs to some other department d jemlee. tit
the Cour Royale, I shall only state that it resembles our Coast of
King's Bench, and the Cour d'Acccoptes our Court of Radler.
L.

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