The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-09
THE IMPERIAL SCANDAL.

sentence Of the Court Of Cessation Against
NJ. Deviennc.
The following il the sentence OF the Court Of Cas-
sation In the case against the First President M.
Devienne:-
:, The Court, all the Chambers being present In
council, having heard the report of NJ MERCER, and
seen the certified copy OF the decree issued on the
2ad OF September. 1870. by the governments of
General, dated the 18TH inst, anu the docu-
ments 10 which 1t refers the address lodged
OF the 27th OF April and the 25ih OF May, 1901,
articles ~, 80, ST. SO and So or the Senat is Con-
sultum OF the 10th Thermidor year TO- aud
the articles 80, a. 81 aud So OF the law
OF the Goth OF APRIL 1910; considering that the
discipline OF the magistracy organized by the laws
above referred to constitutes special jurisdiction
OF which the exercise has been divided between
the Ministry OF Justice, the Courts OF First Instance
the Courts OF Appeal and the Court OF Cessation;
that the various prerogatives conferred by laws
on the Ministry OF Justice belong TO this Kind OF
jurisdiction; that they depend the judicial and
not on the executive power and that they can only
be exercised by the Ministry OF Justice. which
that The decree OF the sd OF September, 1870,
emanating from power to which the exercise OF
disciplinary action does not belong, cannot legally
control the Court OF Cassati0n; and considering
that the Court using its disciplinary power, has
the ns,, right and duty to verify and weigh even
against tue First President M. Devienne; that
NJ. Devlenne, so lar from repudlatins TINS
claims IT.; that there is then ground Tor 1t entering
upon the consideration OF the essential matter; see
Ing that the letters published IN the tnIrl book of
the Papers and Correspondence OF the Imperial
Family" 10 which the decree refers, and the
person from whom they aanate, do not
authorize the differences which 1t has drawn
from them; considering, III iact that
the first two OF these WRITINGS which alone relate TO
this affair, are both completely uncOnnecIed with
NJ. Devenne, ana contain nothing from which the
proof can be drawn OF any snare on his part In any
negotiation Whatever with the writer of them
as 10 the fact oil paternity they set forth; con-
IRON the explanations and the documents vOlun.
tarly furnished TO the Court by the First President
that ne never TOOK part III any negotiation OF tnIs
KIND; but that towards the end OF the year 1914 on
the occasion OF grave MISUNDERSTANDING occurring
between married persons OF the highest rank, he was
called upon 10 Intervene in consequence OF the con-
hdence placed In him by the Orended wife, and
or which he has brought written evidence
duty lie could not refuse 10 discharge the mission OF
appeasement and reconciliation imposed upon him
mission analogous TO that which, under SINH
lar circumstances, the articles 2sl ana 2S2 OF the
instance; That II M. Devienne was obliged not
to pay ''visit" as one OF the letters expresses
IL, put TO nave single interview with the
writer OF these letters, III town her residence.
condition OF the mission cOnfided to him that by the
moral authority OF ms intervention ana by Appeal
ing 10 Inc elevated sentiments OF the offended wife
M. Devlenne succeeded IN reestablishing peace IN
the family ana aVertng public scandal that thus,
50 far from compromising MS dignity as a magls.
trate, he performed good ana honorable action:
on these grounds and adopting substantially those
given by the Procureur General in his address, the
C0urf, without reference TO :e decree the 23d OF
September. 1870, by the Government of National
Defence and acting OciO, declares tnat there Is
no ground for exercising against the FIRST President
any disciplinary prosecution. and authorizes the
n0unced by the Court OF Cessation on Friday, July
~ 1871.