The Classic Mystery Collection - Arthur Conan Doyle [122]
CHAPTER XIII
THE CODE OF BRUMAIRE, YEAR IV.
Malin and Grevin had both, the latter working for the former, taken part in the construction of the Code called that of Brumaire, year IV., the judicial work of the National Convention, so-called, and promulgated by the Directory. Grevin knew its provisions thoroughly, and was able to apply them in this affair with terrible celerity, under a theory, now converted into a certainty, of the guilt of Michu and the Messieurs de Simeuse and d'Hauteserre. No one in these days, unless it be some antiquated magistrates, will remember this system of justice, which Napoleon was even then overthrowing by the promulgation of his own Codes, and by the institution of his magistracy under the form in which it now rules France.
The Code of Brumaire, year IV., gave to the director of the jury of the department the duty of discovering, indicting, and prosecuting the persons guilty of the delinquency committed at Gondreville. Remark, by the way, that the Convention had eliminated from its judicial vocabulary the word "crime"; _delinquencies_ and _misdemeanors_ were alone admitted; and these were punished with fines, imprisonment, and penalties "afflictive or infamous." Death was an afflictive punishment. But the penalty of death was to be done away with after the restoration of peace, and twenty-four years of hard labor were to take its place. Thus the Convention estimated twenty-four years of hard labor as the equivalent of death. What therefore can be said for a code which inflicts the punishment of hard labor for life? The system then in process of preparation by the Napoleonic Council of State suppressed the function of the directors of juries, which united many enormous powers. In relation to the discovery of delinquencies and their prosecution the director of the jury was, in fact, agent of police, public prosecutor, municipal judge, and the court itself. His proceedings and his indictments were, however, submitted for signature to a commissioner of the executive power and to the verdict of eight jurymen, before whom he laid the facts of the case, and who examined the witnesses and the accused and rendered the preliminary verdict, called the indictment. The director was, however, in a position to exercise such influence over the jurymen, who met in his private office, that they could not well avoid agreeing with him. These jurymen were called the jury of indictment. There were others who formed the juries of the criminal tribunals whose duty it was to judge the accused; these were called, in contradistinction to the jury of indictment, the judgment jury. The criminal tribunal, to which Napoleon afterwards gave the name of criminal court, was composed of one President or chief justice, four judges, the public prosecutor, and a government commissioner.
Nevertheless, from 1799 to 1806 there were special courts (so-called) which judged without juries certain misdemeanors in certain departments; these were composed of judges taken from the civil courts and formed into a special court. This conflict of special justice and criminal justice gave rise to questions of competence which came before the courts of appeal. If the department of the Aube had had a special court, the verdict on the outrage committed on a senator of the Empire would no doubt have been referred to it; but this tranquil department had never needed unusual jurisdiction. Grevin therefore despatched the sub-lieutenant to Troyes to bring the director of the jury of that town. The emissary went at full gallop, and soon returned in a post-carriage with the all-powerful magistrate.
The director of the Troyes jury was formerly secretary of one of the committees of the Convention, a friend of Malin, to whom he owed his present place. This magistrate, named