Читать книгу A Residence in France During the Years 1792, 1793, 1794 and 1795, Complete - Charlotte Biggs - Страница 52

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It will be ſome conſolation to the French, if, from the wreck of their civil liberty, they be able to preſerve the mode of adminiſtering juſtice as eſtabliſhed by the conſtitution of 1789. Were I not warranted by the beſt information, I ſhould not venture an opinion on the ſubject without much diffidence, but chance has afforded me opportunities that do not often occur to a ſtranger, and the new code appears to me, in many parts, ſingularly excellent, both as to principle and practice.—Juſtice is here gratuitouſ—thoſe who adminiſter it are elected by the people—they depend only on their ſalaries, and have no fees whatever. Reaſonable allowances are made to witneſſes both for time and expences at the public charge—a loſs is not doubled by the coſts of a proſecution to recover it. In caſes of robbery, where property found is detained for the ſake of proof, it does not become the prey of official rapacity, but an abſolute reſtitution takes place.—The legiſlature has, in many reſpects, copied the laws of England, but it has ſimplified the forms, and rectified thoſe abuſes which make our proceedings in ſome caſes almoſt aſ formidable to the proſecutor as to the culprit. Having to compoſe an entire new ſyſtem, and being unſhackled by profeſſional reverence for precedents, they were at liberty to benefit by example, to reject thoſe errors which have been long ſanctioned by their antiquity, and are ſtill permitted to exiſt, through our dread of innovation. The French, however, made an attempt to improve on the trial by jury, which I think only evinces that the inſtitution as adopted in England is not to be excelled. The deciſion is here given by ballot—unanimity is not required—and three white balls are ſufficient to acquit the priſoner. This deviation from our mode ſeems to give the rich an advantage over the poor. I fear, that, in the number of twelve men taken from any country, it may ſometimes happen that three may be found corruptible: now the wealthy delinquent can avail himſelf of this human failing; but, "through tatter'd robes ſmall vices do appear," and the indigent ſinner has leſſ chance of eſcaping than another.

It is to be ſuppoſed, that, at this time, the vigour of the criminal lawſ is much relaxed, and their execution difficult. The army offers refuge and impunity to guilt of all kinds, and the magiſtrates themſelves would be apprehenſive of purſuing an offender who was protected by the mob, or, which is the ſame thing, by the Jacobins.

The groundwork of much of the French civil juriſprudence is arbitration, particularly in thoſe trifling proceſſes which originate in a ſpirit of litigation; and it is not eaſy for a man here, however well diſpoſed, to ſpend twenty pounds in a conteſt about as many pence, or to ruin himſelf in order to ſecure the poſſeſſion of half an acre of land. In general, redreſs is eaſily obtained without unneceſſary procraſtination, and with little or no coſt. Perhaps moſt legal codes may be ſimple and efficacious at their firſt inſtitution, and the circumſtance of their being encumbered with forms which render them complex and expenſive, may be the natural conſequence of length of time and change of manners. Littleton might require no commentary in the reign of Henry II. and the myſterious fictions that conſtitute the ſcience of modern judicature were perhaps familiar, and even neceſſary, to our anceſtors. It is to be regretted that we cannot adapt our laws to the age in which we live, and aſſimilate them to our cuſtoms; but the tendency of our nature to extremes perpetuates evils, and makes both the wiſe and the timid enemieſ to reform. We fear, like John Calvin, to tear the habit while we are ſtripping off the ſuperfluous decoration; and the example of this country will probably long act as a diſcouragement to all change, either judicial or political. The very name of France will repreſs the deſire of innovation—we ſhall cling to abuſes as though they were our ſupport, and every attempt to remedy them will become an objection of ſuſpicion and terror.—Such are the advantages which mankind will derive from the French revolution.

The Jacobin conſtitution is now finiſhed, and, as far as I am able to judge, it is what might be expected from ſuch an origin: calculated to flatter the people with an imaginary ſovereignty—to place the whole power of election in the claſs moſt eaſily miſled—to exclude from the repreſentation thoſe who have a natural intereſt in the welfare of the country, and to eſtabliſh the reign of anarchy and intrigue.—Yet, however averſe the greater number of the French may be from ſuch a conſtitution, no town or diſtrict has dared to reject it; and I remark, that amongſt thoſe who have been foremoſt in offering their acceptation, are many of the places moſt notoriouſly ariſtocratic. I have enquired of ſome of the inhabitants of theſe very zealous towns on what principle they acted ſo much in oppoſition to their known ſentiments: the reply iſ always, that they fear the vengeance of the Jacobins, and that they are awed by military force. This reaſoning is, of courſe, unanſwerable; and we learn, from the debates of the Convention, that the people have received the new conſtitution "avec la plus vive reconnoiſſance," ["With the moſt lively gratitude."] and that they have all ſworn to die in its defence.—Yours, &c.