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Updated: May 26, 2025
Such 'cassations' occur almost daily, not because the High Court has a reputation for reversing the verdicts given below, but because the process offers at least a good chance of getting a sentence reduced. The Public Prosecution, however, has power to set in motion the process of cassation without being called upon so to do if the interests of justice should in its opinion require it.
At one of the trials of the Aix assizes, at which I was present, a young man of excellent family, son of the Chevalier de St Louis, was convicted of this crime, and although it was proved that he had been deceived by his partner, a man of decidedly bad character, but possessed of deep cunning, he was condemned for fourteen years to the galleys: Owing to a flaw in the process, the sentence was set aside by the Cour de Cassation, or Supreme Court of Appeal at Paris, and a new trial was ordered.
The municipal and departmental administrations were to be chosen by authority from their respective lists. The Conservative Senate, composed of eighty members, self-elective, had the right of appointing the members of the Corps Legislatif, the Tribuneship, and the Court of Cassation. It was besides destined to the honor of choosing the Great Elector.
Although he imposed on the minister of war, he was unable to endure the moral strain, especially after distinguished men like Zola became champions of the innocence of Dreyfus, and he committed suicide after making a confession. The government was obliged to bring the case before the Court of Cassation in 1898, which ordered a new trial.
Time went on, and at last the issue, so frequently postponed, so longingly awaited, came in sight. The week before the public proceedings of the Cour de Cassation opened M. Zola said to me: 'I shall have finished the last chapter of "Fecondite" by Saturday or Sunday, so I shall have my hands quite free and be able to give all my attention to what takes place at the Courts.
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 will be observed that no analogy exists between the supreme court of the United States and the French cour de cassation, since the latter only hears appeals. The supreme court decides upon the evidence of the fact, as well as upon the law of the case, whereas the cour de cassation does not pronounce a decision of its own, but refers the cause to the arbitration of another tribunal.
Soldiers are forbidden, "under penalty of the rods," Officers under that of "cassation with infamy," to take anything, without first bargaining and paying ready money for it.
When an appeal for cassation or annulment is thus made, the High Court has not to go into the question of the guilt or innocence of the contending parties, but merely into the question whether the lower Court has judged rightly or whether it was competent to judge the case at all.
The plan, from this point of view, might have worked well if the irremovable senators had not been elected by their colleagues but had become so by right; for example every former President of the Republic, every former president of the Cour de Cassation, every former president of the Court of Appeal, every admiral, every archbishop might ex officio have been raised to the rank of senator for life.
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