The New York herald., 1870-01-25

standing can form part OF tue jury, any meMDer oi
which absent without valid cause may be condemned
to fine OF from lo0Of. TO lo,0cof and de-
privaton OF hts political rights for period OF from
10 hve years. The accused and the public prose
cutor may challenge members OF the jury. ver-
dict OF guilty or the admission OF extenuatlng en-
cumstances must be gwen by majority comprising
more than twenty votes. the punishment Is pro,
nounced in conformity with the provisions OF the
penal code such Is the Legislation Of the High Court
OF Justice.
The Case Before the Leaislatnre-M. M.
Rochcf0st, Olivier and Rnspaii ON the
Crisis.
The Legislative Body sat January II, NJ. Schneider
In ire char.
peate the government on The necessity OF subject
ing the members OF the Bonapalte family to the
ordinary courts or law.
NJ. RoCHEFORT--l wish to put question to the
Minister OF Justice.
the PREsIDENT-Yon have permission to speak.
M. ROCHEFoRT-A murder was committed yester-
day on young man engaged on u sacred mission,
that Of second sent to make q communication.
The criminal IS member OF the imperial family.
! ask Inc Minister II he intends to oppose to The
Judgment and prooable condemnation OF that per-
son the same denial OF justice that was made to
tain high dianitaries Of the empire. The situation
Is grave and the agitation immense. unterrup-
tlons.) The murdered man ID child OF the people.
tNoise)
The PREsIDENT-It was decided yesterday that
questions should be put summarlly and without de-
veIopment. Yours has been stated in precise terms.
The Minister has now to consider whether ne Will
reply to-day. (Hear, hear,
NJ. RocHEFoRT-i Say that the victim is child OF
the people. The population claims to Judge the
murderer themselves. They demand that the ordi-
nary lurytnterruption and nolse
The PRESlDENT-We are all children or the people.
All are equal before the law and you have no right
to make distinctions. tiear, hear.)
M. RocHEfoRT-1hen why appoint judges devoted
10 the imperial family?
The PREsIDENr-Yo on place judges under suspicion
without knowing who Uney arc now invite you
TO confne yourself TO the question or cannot allow
You to continue.
NJ. ROcHEFoRr-I ask myself, after an occurrence
Ike that OF yesterday, and IN presence OF the facts
which have been taking place lor some time past,
whether we are living under BOnapartes or BOrgtas,
(Exciamations, cries OF "Order order %, cali on
all citizens to and administer justice for them
selves. (kenewed agltatIOn.)
The PREsIDENT-M. Rochetort, call you TO order.
Of the immunity which covers members OF this
chamber TO use such language. Fresh applause.l
M. R0CHEFORT-i iesterday, at six in the evening,
that man had mol been arrested. tine rest OF the
phrase was lost In the nOise.)
The PREsiDENT-l invite the Chamber to calm and
silence The question Is most serious, and remarks
must not be allowed TO be uttered without beng
heard by the President. (Assenr)
M. EMILE OLIVIER, Minister OF Justice-Gentle-
men, we are justice and law. ask you also to be
calm ana moderate.
NJ. RAsPAII.-But murder has been committed.
NJ EhlLE 0LLIvIER-~Alow me 10 explain. You
Will reply 10 Inc afterwards, II you please You in
terpeliate the government with outrages We shall
reply to you without insults uiear, hcar) pain-
A MEMBER OF THE LEFr-painful event, indeed
IL Is u crime.
Nj EMILE OLLIv1ER--If NJ. Rochefort were better
acquainted with the rules OF justice, OF which puts
himself forward the sole representative ho would
hn1sr hmSw .aa, accso wnen ci%en Is awaiting tlai
anticipate the verdict OF the judges and
condemn him. Qlear, near.) AS soon as the Minis
ter OF Justice was informed yesterday OF the painful
event III question he ordered tine arrest Of Prince
Pierre Bonaparte. The instructions were about to
prisoner at the Conciergerie ihat first measure
having been adopted there renamed TO consider
what Jurisdiction would be competent to Judge the
affair. Prince PIERRE BOnaparte through the Pro-
cureur Imperial, asked TO be tried by an ordinary
Jury replied that the Minister Of Justice bound
by the formal text OF q Se1aatus CUnSult1rn, and
that his duty was to apply the law, although he
might subsequently consider whether the legislation
did not require to be modified. (Hear) lhaye in
consequence submitted to the Emperor, for mis- sig
nature d decree convoking the High Court OF
Justice. We VIII afterwards examine whether that
exceptional Jurisdiction should be abrogated, and
we shall perhaps be OF your opinion. But, SIR,
VIII not tolerate that you should accuse any Judge
Of being wanting IN dignity and independence.
M. RoCHEFoRT-i refer to my own condemnations.
nj. EMILE OLLIvlER-YOu have only to reler to
some Of your colleagues who exercise their profes.
sion before the tribunals ana they Will tell you that
the French bench s deficient IN neither VI those
N. RAspAIL-it has no independence whatever.
n. EMILE OLIIvIER-Moreover, the jurisdic-
ton before which we send Prince Pierre
posed not only Of judges. but also OF q jury
chosen by lot among the counclllors-general OF
all the departments You appeal at every moment
70 pubic opinion; therefore why do you complain
that the whole country, and not the city Of Paris
alone, should be the Judge OF Prince Pierre Bona.
parteG tApplause.) After this explanation have
only to add that the government has fulfilled It's
duty-tYes. yes)-with frmDess, promptitude and
decision Hear. hear.) II VIII continue IN the same
course. Let US not exaggerate the gravity OF
the situation. murder has been committed
by i nigh personage; we prosecute him, and
ciples, we subject both great ana small to
the justice OF the country. loud applause.)
MN. RocnEFoRT and RAsPAH-That Is what we
demand.
H. EMILE OILIvIER-As for the provocations by
which an attempt is made to excite popular PASSIONS
by speaking of ''man Of the people killed" ana by
descriptions OF a nature TO excite the Imagination
we look on them calmly and without fear. We are
the law, right, moderation liberty; and, II you
compel u.s. we win use force also. fssHear hear.,'
prolonged brayos and appause.)
M. RASPAIL-iou are applauding melancholy
act
The PREsIDENT-The Chamber has commended
language which deserves TO be supported.
NJ RAsPAIIs-The murder has caused more sensa-
ton than tnat OF Iranpmann. tlnterruption1 Ana
the authority TO which you defer 1t ls not justice.
The PREsGDENT-You must confne yourself to the
question.
NJ. RAsPAiI-The tribunal before which the mur.
derer of-Vlctor Nor VIII be tried will be composed
OF judges named by yourselves. We know what
those high courts fJustlce are. We have seen them
at work. they are devoted to the men by whom
they are appointed. tNolse) Have we not daily
The PEEsiDEST--I cannot permit doubts TO be cast
on the Independence and sincerity Of the Judicial
auLuOTlty. llleaT near.
NJ. RAsPAIl.We require jury not composed of
enemies OF the people. (Exclanatons) | repeat,
we know what Is meant by high courts Of justice.
In one Of them was once found a man who had
been condemned to the galleys.
The PRES have Just received the following
letter from the Pr0cur eur Genera:-
PARIS, Jan. II, 1870.
have the honor ask the legislative body auhorza
uon to prosecnlc NJ Rochefor OF IT'S MEMBERS
offence against the Emperor and for ncemet revolt
civil war IN virtue Of articles eghtysH Of the Pona Code
Of an aricle published in the Ma.ats entitled Murder
and attempted murder committed by Prime Pierre Bona
part Justce, Monsieur e Presient cannot, by allowing
contempt Of the law unrepressed by
outrage, offence and provocation the ess
hesitation socit from the Legislative body the present
authorization prosecute that In reality offence less
OF the press than violation OF the common
by the Legislature OF all free peoples GRANDPERRET
BY the terms OF the regulations this demand must
be submitted to the bureaux. ask the Chamber
when they VIII be convoked to examine the appll-
cation shall II he tomorrow
Numerous VOfCRs.-Yes, yes.
M. CRErZET--I propose that the President should
have copy Of the paper incriminated deposited in
each bureau.
The PREsIDENT-The request shall be acceded to-
M. GUYOT- MOSrPAYROUX--l ask that 1t shall be