The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-23

tribunals in the reactlonary prosecutions
which followed the 10th OF May, 1877, we
cannot fail to see how thoroughly the ju-
dietary OF France is tainted with aversion,
not to say treachery, TO the republic. And,
indeed, those who recall its dscreditable
attitude on the I'd OF December, 1851, may
we'll ask when 1t was otherwise. Indeed
the republican party would not be justified
now that the long deferred hour of triumph
has come, in ignoring the lessons OF the
past and the dictates of common prudence.
There Is ground for their vehement
declaration that it Is their plain. their
primal duty to bring the disloyal
magistracy by sweeping transforma-
tion into harmony with the public will.
Now NJ. DUFAURE, himself a lawyer, and by
temper and habit conservative Of vested in
terests, has seemed hitherto TO withstand
the demand for abrupt and violent changes
In this direction. He has never denied that
tho judiciary, as body, has frequently
shown itself disaiTccted to free institutions;
but he has, nevertheless, seemed to think 1t
one OF the chief guarantees OF the national
Conference, continuity, and security. Nor
can this temperate view appear unreason-
able to us in the United States, who have
inherited the conviction that an Independent
judiciary is essential to the maintenance OF
the Federal Constitution.
As n matter Of fact, however, NJ. DUFAURE
has already carried the process Of purging
to considerable lengths. Out of three thou
sand and some hundreds justices OF the
peace, he has dismissed or transferred not
less than two hundred and nncty-flve dur
ing his term of Office Every States at
torney or procureur and every one OF their
assistants or substitutes appointed for re-
dictionary purposes by tho ministry OF the
10th Of May, have already been removed,
and a like fate has overtaken those among
their colleagues who have avowed hostility
TO republican government. As TO the oc-
cupants OF seats in the higher judicial tri-
bunals, who by law are irremovable, NJ.
DUFAURE some time ago affirmed his will
ingness TO exert pressure in several ways.
Something might be done, in his opinion, by
lowering the legal limit Of the age
proper to judicial functions, while he would
deal with the public expression OF disloyal
sentiments by the sharp weapon Of impeach-
ment. Perhaps some other legal method Of
dealing with refractory judges without a
total sacrifice Of the principle OF independ-
ence may be devised. now that republicans
command majority in both Houses. Ger
tainly NJ. DUFAURE evinced in his speech on
Monday sincere and earnest purpose TO
purify the judicial staff He proclaimed 1t to
be the deliberate and resolute policy OF his
ministry that all holders Of public Office, in
whatever capacity, must frankly accept the
judgment rendered by the nation on January
., and henceforth devote themselves to the
promotion OF republican Institutions.
Looking back upon the crisis which has
been passed, we cannot but applaud the cir
cumspect attitude OF GAMBErrA, and con-
graduate the country on the wise interposi-
ton which averted rupture between the
advocates OF moderate and Of radical opln-
ions 1t is happy thing for France that
the control Of both branches Of the Legisla-
ture is henceforward assured to the parti-
sans of free government; but it is per-
haps equally fortunate that the elements
OF their party are differently proper
toned in the two bodies. Time and
caution are indispensable TO the stable
construction OF the commonwealth not so
much because French democrats are vision
airy as because French rcactlonists are
slronB. Az lnls nOiheuJ lney are lnlTencncu
In the Church, the army, the judiciary, and
I'm nearly all the qualifications OF a central
lied administration. On the other hand,
the republican party. outside Of the large
cities, has indeed acquired a temporary, but
scarcely yet an indissoluble hold upon the
mass Of voters II may require genera
tion to lift the French peasant 60 the intel
lectual level Of the French artisan. and
therefore, Notwithstanding the extent and
lustrc OF recent successes, the republic is
not out of danger, nor will its true friends
cease to watch with anxiety the temper and
policy Of It's statesmen.