Daily Kennebec journal., 1870-01-08
European correspondence.

8
the Judiciary system of France, except in
regard to the mode of the appointing
/ Judges and the functions of iuries
The judges are all appointed directly by
the government. hold their office by a
| fixed tenure, and have handsome salaries
that place them entirely above pecuniary
| dependence. They, are, think highly
! honorable and able body; and justice is
administered fairly throughout France.
| The ouly prominent exception is the prac-
teal exemption of Government officers
from the law, and this is a defect of the po-
ltical rather than the judicial formation
No government appointee, however vio-
lent his oppression, can be brought to
trial. except after the consent Of the coun-
eli of state. which is rs thoroughly under
the control of the government rs the Of
| fender himself. and renders personal pow
er superior to the law of the land.
The powers of iuries form, perhaps,
the most striking difl'erencen betwee the
systems OF France and America. A Jury
is allowed only in one class of courts, the
courts of assizes, which Is the Supreme
Criminal Court In all other eases, whcth-
er OF law or fact, the decision is left to
trained legal minds. and almost invariably
more than one. This of course is Il very
! important distinction. but not the only
one The juries consist of twelve. as with
us. and are chosen by lot from those only
who can read and write. They decide by
majority. as in Scotland, instead Of
unanimity, as England and America. But
in the sole instance in which they are en-
ployed, they have wider powers instead
of being confined to .tact, are allowed to
give judgment on their hearings, by bring
ing in ver,iicts with eXtenuating circum-
stances and recommendation to mercy.
This is their frequent resort in eases of
murder.
There is one exception to the direct
nomination by the Emperor, namely
! The tribunals of commerce. These Judges
are elective but can only serve after i'm
perial decree. They have no Migratory
| Courts in France; but each territorial di-
vision has its own set OF courts except
| the Court of Cessation.
GOVERNMENT OF FRANCE.
With regard to the government of
France, it is expressed very well in the
constitution. that the Emperor shall gov
ern with the aid of senate and chamber
of deputies. He has been the central
figure, Legislative as well as executive.
The Senate is nothing but 4 creation and
creature of the Emperor,-all the men,
bers holding their offices by his appoint
ment and at his will. kind of political
museum in which the tattered relies of
Imperialism find a dignified showcase.
In no respect whatever does it repre-
sent any body of the people. And yet
Emperor the legislative power, or rather
these have been the puppets of which Ma
poleon has pulled the strings. The only
body chosen from the people has been
shorn of any power in the government.
| They can originate no measure; this must
be done by the Emperor or Senate. They
can, of themselves. amend no bill this
in the language of the Constitution which
the Emperor himself promulgated in 1862,
would be to introduce endless wranglngs.
They cannot even elect their own presid-
| 81,
rogation. Their whole body must be di-
vided into certain number of bureaus OF
committees, not actually creations of the
body itself, but in some respect superior
to it. Measures instead of being brought
before the whole chamber and referred to
the committees, are brought before, and
must be accepted by the Bureaus before
they can be acted on by the House. And
even then the whole power of the chamber
is acceptance or rejection in whole, sort
of executive veto. And yet short time
ago, these precautions seemed almost as
superiluouS as they were all embracing
for the opposition in the House consisted
| Vi DUl, uNt, anu ulltl Wdlus vi
This was not very formidable against the
compact lines of the 800 Imperialists II
seemed like the lion intrenching himsel
againstthe gnat. To-day the two branche:
on the Left" number 100 members, anG
the extreme Fright is weakest of all the
numerous factions. The Senatus Con
sultus, or Senatorial Decree of last July
introduced several important reforms, ant
is probably the first step towards minis
terial government like England. The
Deputies will hereafter have the right o
original action, the budget" or vote o
supplies, which has been introduced in ;
lump to be voted or rejected, will here
after be submitted by articles, and las
Friday for the first time, they chose thei
own President Last Wednesday, failing
to get a ticket of admission to the Corp
Legislative for the President, Minister
Washburn gave me his private ticket
which admitted me. | happened to b'
\