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Updated: May 26, 2025
For my own part, before the verdict was given I had resolved to make no appeal to this court of cassation of the old jurisprudence. But Patience's bearing and words had had as much effect on my mind as on the minds of the spectators.
There are no good grounds for appeal, but, of course, we can make an attempt. This is what I have written." He took a sheet of paper, and quickly swallowing some uninteresting, formal words, and emphasizing others, he began to read: "To the Department of Cassation, etc., etc., Katherine, etc. Petition.
Form is no longer entirely isolable from matter, and he who has begun by reserving to philosophy questions of principle, and who has thereby tried to put philosophy above the sciences, as a "court of cassation" is above the courts of assizes and of appeal, will gradually come to make no more of philosophy than a registration court, charged at most with wording more precisely the sentences that are brought to it, pronounced and irrevocable.
People in earnest could not but discern that the interference of the tribunes in administration and their action as prosecutors had an absolutely pernicious effect; and the only real gain which the tribunate brought to the plebeians was the protection which it afforded against a partial administration of justice, by operating as a sort of court of cassation to check the caprice of the magistrate.
He addressed himself, therefore, to Merlin of Douai, Bonaparte's Imperial attorney-general and commander of his Legion of Honour; who, for a bribe of fifty thousand livres obtained for him, after he had been defeated in every other court, a judgment in his favour, in the tribunal of cassation, under the sophistical conclusion that all emigrants, being, according to law, considered as politically dead, a will in the name of any one of them was merely a pious fraud to preserve the property in the family.
It is merely a constituted authority emanating from the government like the others." Ibid., P.147: "It must not be in the power of a legislative body to impede government by refusing taxes; once the taxes are established they should be levied by simple decrees. The court of cassation regards my decrees as laws; otherwise, there would be no government."
The civil tribunal was to annihilate all diversities in their laws by a general cassation of their constitutions, and the ecclesiastical court was to burn out all differences in their religious faith. Between two such millstones it was thought that the Netherlands might be crushed into uniformity. Philip succeeded to these traditions.
In every action of his life Bonaparte had some particular object in view. I recollect his saying to me one day, "Bourrienne, I cannot yet venture to do anything against the regicides; but I will let them see what I think of them. To-morrow I shall have some business with Abrial respecting the organisation of the court of Cassation.
The civil tribunal was to annihilate all diversities in their laws by a general cassation of their constitutions, and the ecclesiastical court was to burn out all differences in their religious faith. Between two such millstones it was thought that the Netherlands might be crushed into uniformity. Philip succeeded to these traditions.
Véron who publishes in his "Mémoires" the Morny-Maupas despatch, adds: "M. du Maupas sent to look for Victor Hugo at the house of his brother-in-law, M. Victor Foucher, Councillor to the Court of Cassation. He did not find him."
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