The New York herald., 1867-03-25
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SPECIAL CORRESPONDENCE OF TINE uEaaLp.


NapsIeon's Prosecption Of the Liberte News-
paper-M. dc Girardin's Onencc--Thc EHa-
peror,s Perjury Mt the Coup d'Etat-(sir-
ardin's Defence and Sentence-Illness Of the
Princo Imperial-The Eastern Question and
it's Iunuence-C COntr adictioas Of tho Omcial
Organ, &c. 900,
happen to be able to give ysu particulars which
you will mot find elsewhere Of the trial Of n. -
Girardin. which Is the principal political topic ef
this week Tho only oaence charged against him In
the indctmsns that OF sxcing U hatred aud con-
tempt Of the government " and it very fact
that the law under which no Is prosecuted is not q
the Empssor's making. bus passed. BY Che repabo
Of 1s1s, when Cavaignac was President
That law, however, expressly reserved the right a
Journalistic discuss and blame both the acts Of the
ecuve power and ministers and long trial BY jury
lasted 1t could only BE- In soune very exceptional casss
indeed that the could be acted up0n because
IL hard 70 how whom the right Of discussion and
allowed TO tho fuest extent the provso would
cover the worst that could be made Of
citing 70 hatred and contempt Az matter Of fact there
any prosecution upon the statute under the
government Of the republic. And in ls49 Grardin then
member OF tho Legislative Assembly, proposed bi
which not passed recommending the repeal OF The
statute the ground that nothing tended bring all
law into contempt ~ retaining on the statute book
menacing laws which were imperative
The article for which Girardin was prosecuted ,ws
days ago took issue with NJ Rouhsr the Minister Of
State who asserted the other day in the Corps esIsa
that the Emperor gradually conducting the nation
70 sbetter destniesn Grardin said that, the
trary France is less influential and respected abroad
and less free and prosperous homo than she was be-
fore the Emperor was enabled thanks, be boldly
says hts, NJ de Girardins support in 1s4s take
her affairs in hand
believe all this would have been forgiven GirarA
had he referred the Emperors breach Of his oath
That is subject, which, by . necessary
consent Of the French press has hitherto been
touched upon No journal published in France since
December 2 1861, has before venured to mention
the undenabesfact that the Emperors coup detaf
breach Of his oath No Official writer has ever offered
the semblance Of a defence apology for that
perjury. But Emile de Girsrdn, the intimate friend Of
the Emperors cousins Prince Napoleon and the
Princess Mathtide, the frequent guest Of the Emperor
himself at the Tuerics Compiegne, Biarriz and
where thought the time for printing Paris that tho
Emperor had storm up the constitution which he had
TO defend" II is the uiterance OF this truth
which brought him the bar Of tine correctional ri-
bunal on Wednesday last.
The prosecution was ordered by the Emperor person.
ally in ct Of rage The Emperor takes in every
ing two evening papers, one q governmental and the
other opposition one, for his personal reading.
He has much to read, what with Official papers and
journals foreign and domestic, that he cannot polwh
standing his great curiosity to know all that said Of
him. read everything that appears He therefore orders
his secretary give him alternately Paris evening
papers happened the day when Girardn's article
appeared to be the turn Of the atre and the LLe,fs
The Emperor was furious when he read Grardin's at
tack, and when the Ministers, Rouher, Baroche aud
Lavalette came 10 tell him Of IL aud 70 take bis nsruc-
tions, he ordered prosecution Immediately. They a.
tempted to represent that perhaps the present
mont, whom large promises Of greater ibcr
made and new press law Is the Stocks II may be
better policy to wink at this offence The Emperor pc.
remptoriy told them to go Girardin summoned
before NJ Gouet, judge Of distinction the next day
Then all that took place this The Judge said, s.H
de Girardn accused Of printing article the
Liberte, headed Les Aeures Desnees Do you wish
read s "0h dear, no admit myself 10 be the authoE
"Do you desire to offer any observatonss "None what
ever" Thereupon Girardn took up his hat and wished
the Judge very good morning The Emperor for
the judges notes hoping that Grardn might have made
some sort OF apology which would have given him
excuse to stay what he felt with his ministers,
imprudent prosecution. But finding none, he ordered
the law officers 10 60 on and the pushed for
ward with such unexampled haste that the trial
place within week Of the appearance Of the article
The French law enacted BY Louis Napoleon cloak his
msdeeds forbds any report Of libel cases. ana the
French paper prints anything but the judgment Of tho
court. ! with great difficulty obtained admission and
heard the whole proceeding, but had stand jammed
up tight in q crowd and could take notes am en-
abled, however, to give you word for word translation
which have made myself from copy in Girsrdin's
handwriting OF the first Of the two speeches he made
his defence. This curious production is thus wordea
Article four OF the decree Of August IL, 1s4s Is pre-
else. says:-"This present provision Ia not to affect
the right Of discussion and OF the acts OF tho
executive power and OF the ministers" This right, nv
right have exceeded tS Even II had OK ceeded IL,
which dony. that excess would not suce TO constue
the offence with which am charged; for without n
criminal intention there s no crime. There Is not
there cannot be any such thing an involuntary misde-
meanor. Now / am here this same bench where
have sat beore two members Of the Academic Fran
caise, the Count de Monalembert and M Prevos, Para
dol member Of the Corps Legislat NJ Eugene Pelle-
tan; great thinker M. Proudhon, and learned phiio-
sopher. NJ vschsrot. TO declare distinctly upon NV
honor because honor aud loyalty command me 10 make
the declaration. that Ia not True that intended To