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Updated: May 26, 2025


At four o'clock the Senate left its palace; the Council of State, the Tuileries; the Corps Legislatif, its palace; the Court of Cassation, the Court of Accounts, the Council of the University, and the Imperial Court, the ordinary places of their sittings; the municipal corps of Paris and the deputations from the forty-nine good towns, the Hotel de Ville.

The proclamateur-electeur selected from the lists of candidates, judges, from the tribunals of peace to the court of cassation; administrators, from the mayors to the ministers. But he was incapable of governing himself; power was directed by the state council, exercised by the ministry.

I subjoin the text of this memorable edict: "The High Court of Justice, considering the sixty-eighth article of the constitution, considering that printed placards, beginning with the words 'The President of the Republic, and bearing at the end the signatures of Louis Napoleon Bonaparte and De Moony, Minister of the Interior, which placards announce among other things, the dissolution of the National Assembly, have this day been affixed to the walls of Paris; that this fact of the dissolution of the Assembly by the President of the Republic would fall under the case provided for by the sixty-eighth article of the constitution, and render the convocation of the High Court of Justice imperative, by the terms of that article declares that the High Court is constituted, and names M. Renouard, counsellor of the Court of Cassation, to fill the duties of public accuser; and to fill those of greffier, M. Bernard, Greffier-en-chef of the Court of Cassation; and, to proceed further in pursuance of the terms of the said sixty-eighth article of the constitution, adjourns until to-morrow, December 3d, at the hour of noon.

This body was the constitutional jury, or conservatory senate; it was to be for the political law what the court of cassation was to the civil law. The tribunate, or the council of state, appealed to it when the sentence of the legislative body was not conformable to the constitution.

I ventured to tell him that I could not and would not believe it, that the verdict of the Court of Cassation was the merest nothing in comparison with the verdict of the world which he had beyond doubt secured. France would come to reason yet. He refused to be cheered, and saying that he was in need of rest, bade me goodnight dispiritedly and went to bed.

All through the spring M. Zola eagerly followed the inquiry which the Cour de Cassation was conducting, and when M. Ballot-Beaupre was appointed reporter to the Court, there came a fresh spell of anxiety.

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.

Returning to France in 1796, Savarin settled in Paris, and after holding several offices under the Directory, became a Judge in the Cour de Cassation, the French court of last resort, where he remained until his death in 1826. Although an able and conscientious magistrate, Savarin was better adapted to play the kindly friend and cordial host than the stern and impartial judge.

Instead of this, what steps did the High Court take? We have just seen. "Be off with you!" "We are going." We can imagine, after a very different fashion, the dialogue between Mathieu Molé and Vidocq. This line was left blank. It was filled in later on with the name of M. Renouard, Councillor of the Court of Cassation.

In France the salaries of the judges are pitiable. The highest, the president of the Cour de Cassation, gets $5000 a year and the lower judges only a few hundreds, with no possibility of earning anything by practicing law, but there the judges are persuaded to take out the balance of what they should have in salaries in the honor of their position.

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