Scenes from a Courtesan's Life [154]
"I pretended to be a Spaniard and spoke broken French, appealed to my Ambassador, and alleged diplomatic privilege, not understanding anything I was asked, the whole performance varied by fainting, pauses, sighs--in short, all the vagaries of a dying man. I must stick to that. My papers are all regular. Asie and I can eat up Monsieur Camusot; he is no great shakes!
"Now I must think of Lucien; he must be made to pull himself together. I must get at the boy at whatever cost, and show him some plan of conduct, otherwise he will give himself up, give me up, lose all! He must be taught his lesson before he is examined. And besides, I must find some witnesses to swear to my being a priest!"
Such was the position, moral and physical, of these two prisoners, whose fate at the moment depended on Monsieur Camusot, examining judge to the Inferior Court of the Seine, and sovereign master, during the time granted to him by the Code, of the smallest details of their existence, since he alone could grant leave for them to be visited by the chaplains, the doctor, or any one else in the world.
No human authority--neither the King, nor the Keeper of the Seals, nor the Prime Minister, can encroach on the power of an examining judge; nothing can stop him, no one can control him. He is a monarch, subject only to his conscience and the Law. At the present time, when philosophers, philanthropists, and politicians are constantly endeavoring to reduce every social power, the rights conferred on the examining judges have become the object of attacks that are all the more serious because they are almost justified by those rights, which, it must be owned, are enormous. And yet, as every man of sense will own, that power ought to remain unimpaired; in certain cases, its exercise can be mitigated by a strong infusion of caution; but society is already threatened by the ineptitude and weakness of the jury-- which is, in fact, the really supreme bench, and which ought to be composed only of choice and elected men--and it would be in danger of ruin if this pillar were broken which now upholds our criminal procedure.
Arrest on suspicion is one of the terrible but necessary powers of which the risk to society is counterbalanced by its immense importance. And besides, distrust of the magistracy in general is a beginning of social dissolution. Destroy that institution, and reconstruct it on another basis; insist--as was the case before the Revolution--that judges should show a large guarantee of fortune; but, at any cost, believe in it! Do not make it an image of society to be insulted!
In these days a judge, paid as a functionary, and generally a poor man, has in the place of his dignity of old a haughtiness of demeanor that seems odious to the men raised to be his equals; for haughtiness is dignity without a solid basis. That is the vicious element in the present system. If France were divided into ten circuits, the magistracy might be reinstated by conferring its dignities on men of fortune; but with six-and-twenty circuits this is impossible.
The only real improvement to be insisted on in the exercise of the power intrusted to the examining judge, is an alteration in the conditions of preliminary imprisonment. The mere fact of suspicion ought to make no difference in the habits of life of the suspected parties. Houses of detention for them ought to be constructed in Paris, furnished and arranged in such a way as greatly to modify the feeling of the public with regard to suspected persons. The law is good, and is necessary; its application is in fault, and public feeling judges the laws from the way in which they are carried out. And public opinion in France condemns persons under suspicion, while, by an inexplicable reaction, it justifies those committed for trial. This, perhaps, is a result of the essentially refractory nature of the French.
This illogical temper of the Parisian people was one of the factors which contributed to the climax of this drama; nay, as may be seen, it was one of the most important.
To enter into the secret
"Now I must think of Lucien; he must be made to pull himself together. I must get at the boy at whatever cost, and show him some plan of conduct, otherwise he will give himself up, give me up, lose all! He must be taught his lesson before he is examined. And besides, I must find some witnesses to swear to my being a priest!"
Such was the position, moral and physical, of these two prisoners, whose fate at the moment depended on Monsieur Camusot, examining judge to the Inferior Court of the Seine, and sovereign master, during the time granted to him by the Code, of the smallest details of their existence, since he alone could grant leave for them to be visited by the chaplains, the doctor, or any one else in the world.
No human authority--neither the King, nor the Keeper of the Seals, nor the Prime Minister, can encroach on the power of an examining judge; nothing can stop him, no one can control him. He is a monarch, subject only to his conscience and the Law. At the present time, when philosophers, philanthropists, and politicians are constantly endeavoring to reduce every social power, the rights conferred on the examining judges have become the object of attacks that are all the more serious because they are almost justified by those rights, which, it must be owned, are enormous. And yet, as every man of sense will own, that power ought to remain unimpaired; in certain cases, its exercise can be mitigated by a strong infusion of caution; but society is already threatened by the ineptitude and weakness of the jury-- which is, in fact, the really supreme bench, and which ought to be composed only of choice and elected men--and it would be in danger of ruin if this pillar were broken which now upholds our criminal procedure.
Arrest on suspicion is one of the terrible but necessary powers of which the risk to society is counterbalanced by its immense importance. And besides, distrust of the magistracy in general is a beginning of social dissolution. Destroy that institution, and reconstruct it on another basis; insist--as was the case before the Revolution--that judges should show a large guarantee of fortune; but, at any cost, believe in it! Do not make it an image of society to be insulted!
In these days a judge, paid as a functionary, and generally a poor man, has in the place of his dignity of old a haughtiness of demeanor that seems odious to the men raised to be his equals; for haughtiness is dignity without a solid basis. That is the vicious element in the present system. If France were divided into ten circuits, the magistracy might be reinstated by conferring its dignities on men of fortune; but with six-and-twenty circuits this is impossible.
The only real improvement to be insisted on in the exercise of the power intrusted to the examining judge, is an alteration in the conditions of preliminary imprisonment. The mere fact of suspicion ought to make no difference in the habits of life of the suspected parties. Houses of detention for them ought to be constructed in Paris, furnished and arranged in such a way as greatly to modify the feeling of the public with regard to suspected persons. The law is good, and is necessary; its application is in fault, and public feeling judges the laws from the way in which they are carried out. And public opinion in France condemns persons under suspicion, while, by an inexplicable reaction, it justifies those committed for trial. This, perhaps, is a result of the essentially refractory nature of the French.
This illogical temper of the Parisian people was one of the factors which contributed to the climax of this drama; nay, as may be seen, it was one of the most important.
To enter into the secret