Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-08-21

the day DIV communicating the pdpe'' 'S""'. "
the proceedings in the case, and then recaPitu-
lated the ground upon which, he conceived the
Court would allow the appeal by quashlns the
sentence pronounced upon Geohroy Inc HTS.
question, he said, that would occupy the Court
was to know whether it could discuss the lesali-
ty Of the ordinance Of the sixth oil June, winch
was an act of the administration: the next would
be to examine the laws relative to the DECLARATION
of martial law upon which that ordinance was
founded. The Court would then have TO exam
inc whether the SD anu 54th articles OF the
Charter had abrogated the laws upon martial law'
and lastly, the question OF retro active operation
NJ Odilion Barrot then rose to address the
Court. After abiding to his having p pleaded ID
the same court ten wears ago. to save the lie OF
the unfortunate Caron, when his arguments,
founded upon the provisions OF the charter, set
ting forth that no one can be tried by any but his
natural Judges, failed, because special law aP..
pcable to the case existed, the learned counsel
said, that the Court had since decided different
ly, grounding such decision upon principles OF
equity fortitieI by the positive provisions OF the
charter. Why then. after revolution to
avenge the laws and liberties Of the country,
should he 1.-THE learned c0unseO be called upon
again to dispute with the military jurisdiction.
not for the head OF single citizen. but tor mil
lion of souls-for great and civilized city, de-
llvered up TO the vile executions of cOurts.mar-
tials The learned gentleman then reminded the
Court that the dec araton of Paris being under
martial law, was one Of the crimes with which
the minister of King Charles Y. was charged,
and which was admitted to be a crime in the pro.
| ceedinss of the Chamber of Peers. Since that
celebrated trial, oaths had been taken to govern
BY the laws alone. How happened it then. that
in contempt Of these laws, which guaranteed to
all the citizens their natural judges, they were
deprived Of the safe guard of jury. and all the
other protecting forms for which France bad
struggled for forty years, and obtained in 1880?
The act which deprived the citizens OF their con-
stituton and guarantee had qualified itself, tor
in the report which preceded the ordinance it
was stated to be a measure without the bounds
| of the laws.
The learned gentleman then argued the illega.
! litv of the measure, upon the ground that Paris
was not in "A situation that warranted the estab-
lishment Of martial law. The city Of Paris was
not beseiged; it was surrounded by an armed
| force; communications we're not interrupted; nor
were there any rebels or foreigners fighting
against her. He next maintained that the laws
respecting special tribunals, which. blythe. bye,
had all been done away, concerned only indiv'-
duals arrested in tie midst of sediticus assem-
Ulascs. whereas Geottroy, was apprehended when
walking in the street with his sister Coming to
the question of retrospective operation, NJ 0d'l-
lon Barrot argued against it at great length
grounding his arguments upon tn" highest autho-
rites and preceden's. After referring to the ex-
allied integrity of the Court, and quoting The ce
LIBERATED phrase " La Cour vend DIES arrets, ct
non pas des services" the learned Counsei CON
ciu,led--.'I am mistaken, gentlemen; you will
\ . nj
all, in causing to miscarry, by patriotic and no
Bile resistance. every attempt upon the invlolabi-
l,,y of the law This would BIZ an immense ser.
vice rendered to all governments, and with great
or reason TO that which sprung out OF combat
for the defence of the laws. Is the population Of
Paris to be rewarded for its courage only BY be.
Ing placed under military jurisdiction! Gentle
men, if it were true that it was out of your pow.
err to protect a citizen who has been condemned
nv an illegal tribunal. citizen who asks ct you
TO watch over his life, placed under the safeguard
of the laws of which you Yourselves are the guar
dams; If you could not break the monstrous, and
| will say, abomlnable act. we must forever des.
pair of legality in France" This pleading call
ed forth frequent applause from the auditors.
Nj. Voisin de Gartempe, Advocate General.
rose to reply. He argued that the laws OF 1871
and S, and the decree OF 1911, which had ne
YER been abroga,ed BY any other law. confer on
the executive power the right of Judging OF the
circumstances which render martial law necessa-
ry. and hence the ordinance of June 6. was legal:
Upon second question. whether, when martial
law has been proclaimed, the trial OF crimes and
misdemeanours can be attributed to courts'mar'
tial, the Learned advocate maintained that such
course was constitutional. This opinion he
founded upon the laws he had already cited, from
which resulted the competency OF the courts-mar-
tial These laws had not been abrosated by the
charter. which had provided onl y tor time of
order and tranquility. But when the country
was threatened, such state of things required
concentration Of powers. Besides. what was to
be understood BY natural judges! Were they
not those assigned to citizen by the 'a"s Now
the law constituting martial law assigned to milf
tary tribunals the cognizance OF crimes and mis-,
! demeanours; therefore, such tribunals became
the natural judges of citizens arrested under
martial law. As to retroactive operations the
ordinance was not constructive, but merely de-
clarative of martial law Martial law was Who'll
" dependent upon the will of the Government;
it existed when the Government proclaimed II;
and therefore ought to reach those who gave rise