The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-31
Correspondence Of tho Republ,o.
Pans, May is, 1853.


| restoration OF the ancient Legislation on iss ma
jeste You remember that the provisional govern.
me mt issued . decree, on the 10th OF February,
abolishing the pain of death for political offences
The constitution elaborated by the Constituent
Assembly ratified this decree. The 5th article
road thus: La peins dc mort est abolie matiers
politique. This article voted unanimously,
and Louis Napoleon, then representative OF the
people, now Emperor, of the asserting
voters. The bill now presented by the Council of
State or in other words by this same Louis Napo-
icon, revives the two articles in the penal code
which the Assembly suppressed-articles Sc and
S7-which punish any attempt upon the person
of the Emperor parricids, any attempt upon
member of the imperial family by death, and any
act calculated to destroy or change the imperial
government, to urge the citizens to take up
arms against the imperial authority, also by death
1t ia of the question to suppose that the Legisa-
ture show any effecua opposition to this bill;
they must pass it, be turned out of doors; and yet
the abolition Of death in politics one Of the most
| popular acts that the provisional government &C
complished, and was received with genuine graft
tude throu ghout the length and breadth Of France
The last clause of the article to be restored makes
| instruction capital offence; man that builds
barricade 10 liable to lose his head If he does not
happen 10 be shot | do not think that such legis-
4
ton. Evaporation leads to desperation; and from
that 20 revolt there is but one STEP In certain
frames of the mind of Frenchman the certainty
of being guillotined would serve positive slim
illus to mutiny, and would be quite irresistible
| seduction. You remember the words of nj. de
Lamartine to his colleagues: "Gentlemen, if |
were the sole dictator should not hesitate to make
| this decree the fret one of the repubc-the exam
| pie of death perverts more than it lntmidates
Any change in our criminal law must of course be
reserved for the National Assembly; but why should
not the provisional government at least, abolish the
| penalty of death in political" Two or three hours
afterwards the decree posted on all the walls
of Paris; and we'll remember the crowds that
formed to read it, and their loudly expressed salts
faction.
| Since writing the above I have read the expose
| des motifs by which the government make known
to the Legislative Body their reasons for desiring
| the passage of the bill. You will be amused to
learn that the question seriously asked, "Have
the articles in the penal code, which apply to a
constitutional moaarchcal order, ceased to have
force of law by the momentary establishment in
France of a republican form of government? Has
not the proclamation of the Empire, by logical
| consequence, placed our new in Institutions under
the tuelary protection of this penal legisation?''
1t would seem that the government is fearful lest
the articles in question haze ceased have force of
law for il calls upon the Legislature to re-enact
and restore them, which would be singulary
called for if they still executory. The report
goes on to say that 'the severity of the pun
ishment pronounced is justified by considerations
of too striking a nature to render any further de-
velopment necessary" And in this lame and
inefficient way is this most important subject die
posed of. The Legislature gave US the unexpected
spectacle the other day, he occasion of vote be-
ing taken on some indifferent BILL of the oppos-
ton amounting to fifteen votes; perhaps the minority
against this proposed sangunary bill will reach the
significant figure of thirty, which though numeri-
cally insignificant would be morally check for
the government, and ought to throw US at once into
ministerial crisis. The reporter concludes his
argument with the following Establishments:
"We do not hesitate to think, gentlemen, that
you will consider this law indispensable. All
laws which tend to strengthen and protect gov
eminent which is dear to you ALL will receive your
eager sanction. You wish US to prevent by salu
tary intimidations those odious perversites which
are repressed, but which may again revive in
the future, under the shelter of too indulgent
lows
NJ Fockcdey, the only of the deputies of the
Nord to the convention who voted against the
death of Louis XVI, has just died, near Lille, at
the age Of ninety five. He was President of the
General Assembly of the Electors of the Nord,
which met on the 4th September, 1892, at CUES
noy, to send twelve deputies to the National Con-
vention. The meeting was held in the old church,
and it had only been just opened when the Jaco
bins OF the place entered in body to destroy the
tomb Of the Count de Fandre, under pretext of
taking the lead to cast balls. Nj. Fockedey rose
and amidst the cries of the -depredators, appealed
to public feeling, ana eventually compelled them
to retire. The electors rewarded him for his cou-
rage by choosing him their representative to the
convention. When the trial of Louis XVI came
on, M. Fockedey delivered an energetic speech
from the tribune, one phrase Of which raised
tempest against him. "The convention" he said,
represents rather arena of gladiators than a
meeting of legislators, and if the assembled nation
could be present at deliberations, it would
drive out with whips" When the vote was
taken, M. Fockedey assembled the tribune, amidst
the imprecations and under the very poignards Of
the sans cu!otss, and voted against the death of
the king, after for appeal to the people,
and lastly for delaying the execution of the SEN
tence. This was like pronouncing his own death
warrant; and NJ Fockedey, with all the royalist
minority, amounting in number to more than two
hundred, about to be put to death in the very
plsce-they having been summoned TO hold an ex
traordinary sitting IN tho evenlng-when Beur-
nonville, the Minister of War succeeded IN saving
them from the trap which laid for them. At
the end of a year, exhausted with fatigue and
grief, NJ. Fockedey resigned his post, and returned
to Dunkirk, where fresh dangers assailed him.
"Tremble," said the electors of the Nord to their
deputies, 'it you have not labored for the saliva
ton of the people; trembe to return TO your coun
try, for we have sworn to punish all traitors" He
arrested by the revolutionary committee of
Dunkirk, and after being detained in prison for
month, he was about TO be removed to Arras to be
tried by the sanguinary Lebon, when, on the Of
his departure, the arrival of the representative
Isore, q mission in the Nord, saved him as if by
miracle. He has since taken part in politics,
and has been passive spectator of the successive
revolutions through which the country has passed.
Queen Christina, of Spain, has sent the Duke of
Rianzares to France to look after her property
and her pecunisry interests, which said to be
large. His arrival will let the public into the pos
session of fact Of which it is generally ignorant
that Mamsison, the favorite residence of Napoleon
aud Josephine, twelve miles out of Paris, belongs
to the Queen Dowager. She has strictly forbidden
all visits and access may be said to be impossible.
The Society of Dramatic Authors have just
adopted descendant Of Racine in the fifth gene
rafion-a vonno Girl WI aituatiOn was ouch that