Weekly national intelligencer., 1851-01-25

have been warm but owing resolution of secresy none
Of It's incidents have tansped M. RouHER, Minister of
Justice present for hour sustain the views of the
Executive.
The day before Saturday. NJ Rouher personally, and
through him the Ministry, sustained another sad defeat In
this affair is only incidentally, and not all necessarily, that
the Executive and the Legislature have into collision
It affair between the Judiciary and legislative authority
and constitutes think, grave violation by the former
of constitutional privilege ofhs latter The Executive is
only obeyng instinct by siding upon this
against the Assembly. The circumstances these:
On Friday last, M MAUeUIs, egitimist member Of the
Assembly, whose must be familiar to you Of the
most bsn orators Of the opposition in the Chamber of De-
pues during the last reign, arrested for debt He decar
ed to the bas who called to arrest him. that he
preventative Of the people, and in that character cons
tutonaly exempt from arrest and they would proceed at
their peril In fact the existing constitution says in express
terms, The representatives Of the people invioable"
And the succeeding article further declares, They be
arrested in criminal unless taken in agrane de
prosecuted till after permission obtained from the Assembly"
The arresng officer persisted II ought be mentioned
that the issued upon old judgment obtained in
ls45 Il trifng debt Of only about $500 NJ Mau-
gun requested be taken before the President of the Civil
ces Of constitutional law just quoted staring him in the ace
decided that the constitution Of ls4s not having reproduced
the article foyhree Of the charter Of $780, which exempted
deputies from arrest civil cases. the rules and proceedings Of
the law might be enforced against representatives
the people present that the proceedings in the M
Maugun regular, and the must be maintained.
There immediate help for him, and M. Mauguin
hurried prison. Thenext day Saturday as Laroche
acquen brought the OF his colleague the notice Of
the house by interpretations addressed M Rouhe Minister
of Justice. He warmly vndcated the sovereignty Of the
Assembly, violated BY this arrest Of of its members in
despite Of the constitution M. Vatmesni able lawyer
the French bar show followed on the sde and
he supported by M. Labouie. They had no difficulty
in establishing the plain intent Of the trainers of the consu
ton to have been to protect members Of the Assembly ron
arrest in like the present. but the Minister Of Justice had
the bodness sustain in the Tribune the decision Of the
Court arguing that the privilege Of exemption from arrest
tended to criminal aone and, that il the Assembly
desired prevent such for the FUTURE must by
special statute extend the exemption of its members civil
but that the law, just pronounced by the judicial m
buna must have its way in relation to M Mauguin The
Minister forgot in bis special pleaing, that the intention
Of the constitution, which preserve Independent and
uninterrupted legislation for the benefit Of society, and
establish personal privilege for the benefit Of individuals,
could only be attained by extending the nvoabily proclaim
ed in general terms by the constitution civil less than to
criminal Of arrest The Assembly by large majority
passed the following resouton which the Minister conended
would infic outrage upon the constitution itself, by vo
ang that clause which procams the separation Of powers
be the first condition Of free Government" The Legis-
ure by the passage Of the resolution would uurp the place
and rample upon the rights Of the judiciary The resolution
is in these words:
"The Legislative Assembly orders that M Maugun,
ed by decree Of the Assembly alone, be Immediately dis
charged from confinement and passes to the order of the
day."
Immediately upon the adjournment Saturday evening, be-
and o'clock Of the quesors Of the Assembly,
accompanied by several Of his colleague MEMBERS and by
Of the Assembly, took carriage and proceeded to the
prison of Clchy and soemny in the Of the sovereign
Legislature, required M Maugun to be surrendered to them
This promptly done, and M Mauguin conducted in
triumph the lodgings from which be had been taken
The French Academy to-day to fix upon the time for
electng member to fill the chair of M. Droz. The
candidates already inscribed for the much coveted honor
MN. Montaembert, Phlante Chasles, Alfred de Musset,
and Ponsard The first you well acquainted with the
distinguished orator. expeer of France and author of the
famous report the observance Of the Sabbath The second
popular and able professor Of Paris and the two last
found their pretensions upon their celebrity poets
The Steele utters in advance cry of alarm upon the sub
ject of which it is rumoed is contemplated by
Government and which would evince the progress of
the Catholic party and the erogade tendencies in France 80
opposite the spirit Of the constitution, and to the funda
mental principles Of every really free Government That
journal that has taken trouble to be correctly in
formed and that the instance Of bishop Of Vvies
and several eminent clerical unconaies is intended to
exclude from the colleges and public schools existing the
children Of Protestant parents. There will be other schools
opened designed particularly for Protestant children can
believe that the Government of NJ Bonaparte will permit
fragrant outrage upon republican principles would be
such 1t would be odious than in England
is the exclusion of dssenters from the universities for there
there established church, and ut least plausible arguments
may be adduced in defence Of the measure.
The Moneur of the 9th instant contains the promuga-
ton of the law passed the 18th December against usuy
aggavates the penalties of previous legislation spon this
subject Article declares the habit of usuy offence
punishable by fine and imprisonment The fine may amount
half the Of the principal loaned on usury mprson
ment from six days to six months. Article prescrbes that
the offence Of usury repeated after conviction shall subject
the offender to the maximum Of the penalty contained in the
foregoing arice and this maximum may be doubled in very
aggravated After first conviction for the habit Of