The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-11
TRANCE.
The Baudin Excitement md French
FTOsecutiODs-Judgme Against tho
Government

j At lbduttlH EAtGAeblthA hfl AEtbtHh
FrOsecutiODs-Judgme Against tho
Government.
The Paris (Nov. 26) correspondence OF the
London Herald states:-
] mentioned in my Sundays letter that the
government had sustained severe defeat by
the acquttal of the IadeDendaRl du Centre a
provincial print published AT CermOnt Ferrand,
which had been aTraigned on the charge OF
'manGuyres," for publishing a list OF subsri-
bers TO the Baudm monument fund. Tue judg'
ment OF the court mas now been published, and
has made powerful impression. 1t deals lar
heavier blow TO the policy the Govern ment has
chosen to pursue than even VI, Gambetta'5 elo-
quent invective, for it Is clear, passi )nless,
argumenLatlve and without any strong Ian
guage, explicitly condemns the Government tor
ITS foolish prosecution.
"Whereas (says this sensible judgment) the
Iadtpenddnt dU Genre opened asubscrlpton for
the erection OF monument to the memory of
the Representative Baudin, killed on a barricade
in th1 FaubouTg ST. Antoine, at Paris, on the Sd
December 1851, i'll its number OF November IA;
whereas, in its nun DER OF The 18th it published
a letter OF adhesion, and second sub .cr ption
list; whereas, this second number alone is seized
and prosecuted; whereas, neither the author of
the letter OF adhesion nor the subscribers are
included in the prosecutions; whereas, moreover,
a tribute, public or private, to the memory of
the dead is a Traditional custom, sanctioned by
universal habit and by the manners of the
country, and, as a rule, Is perfectly legti-
mate; and whereas, in this particular case, the
prosecution lot impuEnlng the subscription
IN itself, yet dcduces from it the ofeuse of
man ueuvres within the realm Whereas, it
appears from the declaration of the President
OF the Council OF State, during the debate on
the law of February 27, 1858, under which the
prosecution is instituted, that 'maneuvres are
characterized by systematic habit and a guilty
end; whereas, one of the term of this detnl.
ton (the guilty endD is purely matter of
conjecture, aud the o,her is InapphCabie in this
case, the subscriptio being an isolated act, and
not an accumulation OF facts and intentions,
such as the construction of the law by the
Supreme Court specifies, as not the slightest
connection is established between the manifes-
tation in the Montmartre Cemetery in Paris
and a newspaper published such long
way of as CleTmont FerTnnd. Whereas,
the Otense of man9uvres within the
realm Is a complicated ofense, implying pre-
yious concert and understanding with other
persons, whilst the journal Of this locality
appears 10 have acted on sudden imp ulse,
taking counsel from no one, as is proved by
the solitary subscription in the number which
was seized. And whereas, in addition to all
these considerations OF strict matter-Of fact, as
! well as Law, penal justice derives its sanction
| from moral law, which is universal, essential,
/ and absolute, and that dignity aud conscience
alike repudlate, in conformity with the dictates
/ OF common sense, the application of a narrow "
! and exceptional legal provision, through its
immoderate expansion, or by means of captous
| analogy. On these grounds the court discharges
| the defendant without costs"
Great irritation has been caused by this judg
! ment in official circles, and it has been deter
mined to appeal against 1t. On d1, however,
! that Nj. Rouher Is delighted at the rap on the
/ kDuckles thus administered to his colleagues
! and, as he is man of sense, l should not be
surprised if tie report were true.
Beaten in AuverPne, the government, in addi.
tion to the prosecutions instituted in Paris, has
determined to try its luck in the north and in
the south. TIE PrOgres of Lille and the Peuptt
| OF Msrseles are 10 be tried tomorrow, at the
very time that the Journal de Pdrls, the Temps
the ReUep, and the Tribune are 10 be Irled IN
Paris. Tue oflense charged against all these
! papers is the same-'maneuvres," consisting
| in The publication of Baudin subscription lists
! This "GBGire Bdudtn" would seem to refute the
saying OF the infamous Barrere, 'Ita'y a que ie!
| morris qui ne reUiennent pas" and the non. com
missioned officer who Received the Legion o
Honor for shooting Baudin must be heli TO have
done the government very bad service.