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The advice, accordingly, was not a command; the king might omit to comply with it, while the senate had no other means for giving practical effect to its views except the already-mentioned right of cassation, which was far from being universally applicable.
After the defeat in the Senate of the amendment touching representation, and the postponement by the House of another amendment reported from the Committee on Reconstruction touching the protection of citizens in their rights and immunities, there was a general cassation of discussion on the question of changing the Constitution, and a common understanding in both branches to await the formal and final report of the Committee.
Each had its own powers of administration and judicature, arranged in hierarchical order: the first, the municipalities and tribunaux de paix and de premiere instance; the second, the popular prefectures and courts of appeal; the third, the central government and the court of cassation.
There are, besides, the tribunals of the Signatura and of Cassation, in which partiality examines, incompetence pronounces judgment, delays exhaust the patience and the money of the suitors, and the decent veil of a dead language wraps up the illegality. Besides these, there are the exceptional tribunals, which are very numerous.
Count Giraldi, said Sir John, had used his great authority with the Sovereign to obtain a fine position for the professor. Dr. Lanfranchi had been made a Judge of the Court of Cassation, and had been in residence some six months or more. Fine as this position was, however, it was nothing, said Sir John, to the position of the judge's lady.
But nothing was further from the truth. Personally, at certain moments, when the revision proceedings began, when M. Brisson fell from office, when M. Dupuy, listening to the clamour of a pack of jackals, transferred the revision inquiry from the Criminal Chamber to the entire Court of Cassation, I thought that it might really be advisable for him to speak out.
Peytel was a notary living at Belley, who, on the 20th of August 1839, was condemned to death by the Ain Assizes on a charge of murdering his wife and man-servant. Balzac had known him some time before in Paris, when both were on the staff of the theatrical journal Le Voleur. The Court of Cassation was appealed to in vain and the sentence was carried out at Bourg on the 28th of October.
When I suggested that the magistracy should be chosen by the magistrates, that is, the Cour de Cassation by the magistrates and the magistrates in turn by the Cour de Cassation, I was of course accused of being paradoxical, as is always the case, when one suggests something contrary to the usual custom.
The before-mentioned libraries are the most considerable in Paris; but the National Institute, the Conservative Senate, the Legislative Body, and the Tribunate, have each their respective library, as well as the Polytechnic School, the Council of the School of Mines, the Tribunal of Cassation, the Conservatory of Music, the Museum of Natural History, &c.
The first of these, the Tribunal de cassation, occupies the audience-chambers of the late parliament; while the grande chambre is appointed for the meetings of its united Sections. The decoration of this spacious apartment is entirely changed: it is embellished in the antique style; and a person in contemplating it might fancy himself at Athens.
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