The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-11-21
TRANSLATED ron THE REPUBLIC.
Deposition OF NJ. Emile de Girardin,


AFFAIR OF 18TH JUNE.
M. Emile de Girardta, forty fee 10 forty years
of age principal editor OF La Presse-ls not par
ticularly acquainted with any OF the accused who
present.
Before making my deposition ought to make
known TO the court serious fact which is in con
tradction TO the very noble sentiments pronounced
by the president at the opening of these pleadings
when he said that % the authority Of courts was
commensurate with the morality of the means they
employed" All, well these great precepts have
not been adhered to. At the time of my deposition
before the examining magistrate, / found In his
Office young member of the bar, who, with an
ability Ct consent to employ only this term) little
COMFORTING with the dignity of justice, addressed
questions and drew up insinuations which can
not qualify This fact appeared to serious, very
serious, and derogatory to justice. i did not know
at the time who the person that was assisting
the ma gistrate, and have only learned since then
that he was substitute for the prosecuting attorney
of the inferior jurisdiction.
| was profoundly indignant at the outrageous
perseverance with which was Intercepted. had
it seems to me, throughout my life given sufficient
guarantees to order not to see myself treated as
suspected person, no more understand the resist
ancc which would go as far as instruction, than
do the justice which would transform itself into
inquistion. protest with my whole energy against
these acts.
The Attorney GeneyaI.-Wc do not comprehend
the importance which is attached to this incident
declare that things have gone on regularly, not
withstanding the appearance OF substitute IN our
ing assistance to magistrate of the public ad-
ministraton and, moreover, we do not find in the
written deposition of M dc Girardin any trace of
this opposition nor any protest on his part and yet
he would not have failed to record it il he was
profoundly indignant he now declares himself to
have been. We do not accept, therefore, the re-
proach that he raises here, and which is sufficiently
contradcted by the very honorable character OF the
magistrate whom it concerns.
NJ. de Guardin, toih lapetuosity.-l can only re-
peat the energetic protest that have formally made
before the high court. The individual to whom !
alluded, Nj. Oscar de Vallec, did not limit himself
assisting in the examination; he intermedded in
it, appeared to direct the proceedings and Justice
Bertrand seemed to be under his surveillance.
did not then know that what took place under my
eyes was contrary to judicial usage to all the
propretics of justice. At present should consider
myself wanting in duty i'll did not point out an act
so irregular to the attention of the high court.
again protest.
The attorney General - We can only reject your
protest.
NJ. de Girardin-It none the less subssts An
other question, Mr.. President; make you the
Judge of it. Is it conformabe to usage, to duty, to
the rules of public justice to express ones self in the
terms which / am about to cite "You, who call
yourselves grave men," exclaimed the young sub
stitute of whom ! speak, how could you have
called M. de Girardin before your" This language
was held, and am prepared to prove it.
The Attorney GeneraI.-This fact in no wise re-
suits from the examination, and we cannot permit
an inquiry to arise on this point
The President to NJ. de Charlottesville discussion
which is arising is foreign to the matters on which
you are to depose.
M de Gnardin, Nth great animation. Yes,
but this is serious matter and one of the highest
import. repeat, that have been Intercepted in
an unworthy and unfair manner, and / am ready
to name the witness who will certify the fact ! add
The Attorneu General-Wc will not suffer any
longer these outrages against magistrate, whom
we shield, moreover with our responsibility.
NJ. de Gnardin, haughtily.-You will suffer
them
The attorney Genaai.-If you continue, will
take out requisition.
The President-We have before us the examna
ton which you underwent, in which there Is no
trace of these recriminations. You are IN the pre-
sence of magistrates whose honorable character Is
sheltered from all susplcion and you bring against
them only your single allegation.
VI. de Gnardn.-l cite you witness; hear him,
if you willing that the truth should be known
The matter Is worth the trouble.
The Attorney General-We will not let such
discussion be entered upon The witness knows
there other means of protestng-consecrated
means-to which it only depends upon himself to
have recourse.
NJ de Grqrdin. Meanwhile, ! protest, and
have the right to do
The Presdent.-Let us come TO the facts of the
trial. You the syndic of the journalists, and
you were one of the Committee of the Press.
NJ. de Girardin.-What do you understand, in
the first place, by this word Committee! There
was never any bat free meetings, and destitute of
the organization which constitutes what il called
a committee. As to my office of syndic, 1t consist
ed in experimenting the management of the tri-
bune of the principal editors in the assembly.
have held aloof from party until recently; but
in the month of June last, Judging the condition of
affairs to be serious, remembered that, in sltua
ton less important, perhaps, but more solemn,
Messrs. Theirs, Remusat, Chambolle, &c, had
placed themselves at the head OF manifestation OF
the press in $780, in order TO protest against the vo
lation of the charter. | asked myself if, in conse
quence of the energetic aid which had lent TO the
election Of the 10th of December, was not pledged
10 the country, and If II would not be a weakness
in to suffer institutions to be put 10 hazard.
In my soul and conscience, Judged that the con-
stitution had been violated in the most manifest
and scandalous manner. II any doubt could exist
on this point before the sth of May, such doubt
was no longer permitted 10 men of good faith after
the second vote by which the assembly declared
that the expedition of Italy not to be any longer
turned aside from its object
ask the court 10 put itsefo one instant in my place,
To do me this honor, and TO ask itself what il was
possible TO do in my place lhad TO ask myself where
was the precise point at which resistance ceases
and revolution commences | reflected deeply, and
] said TO myself that could not go 10 this sitting.
And what proves there no plot is that ], the
principal editor of La Presse-I, who had not
had any connexion with the men forming the
Committee of the Press, convolxed at their
meeting. ] went there; knew scarcely any one
except Messrs. Considerant, Duvcyrier, and Duras,
of the National. My sight, being very short. did
not permit me to recognise any one else.
was brought forward 10 take the floor; and, il
the court should desire, am ready 10 tell in very
succinct manner, in what sense j spoke. II was
question Of setting up legal, constitutional resist
ancc, in such manner that the government might
not be able TO go beyond; and for that purpose it
was necessary TO rely on tho liberty of the press
and universal suffrage. "With patience we tri-
umph over all obstacles. Do not endanger" said
TO them, "thcsc precious auxiliaries, which will
change things much. Now, if you not willing
20 wait for the elections of 1852, the opposition viii
have TO declare itself in permanence, and say that
il j. the sole expression of the national will"
insisted much, and, TO my great astonishment,
my opinion unanimously adopted by these
men whom did not know
The Pre,ident.-Was there any decision come to'
VI. de Girardin.-There was no cause for coming
to any.
The President.--On the day of the meeting at the
Rue Cog Heron, were you there?
NJ de Girardin.-Yos, but quite late. j could
only learn the result Of their deliberations. They
remained faithful To what had said, namely, that
the press was to be limited TO critcisng approx
ing.