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be openly professed, and none imply political Buonaparte, and gave to the jurisprudence and disqualification: all sales of national property judicial constitution of France nearly the for:n during the revolution are confirmed to the purb they now bear. This body of law consists of chasers: the judges are named by the king; but five divisions, entitled respectively, 1. code when appointed are not removeable. Juries are civil; 2. code de procedure civile; 3. code de employed in criminal cases only.

commerce; 4. code d'instruction criminelle; The most comprehensive, though the most 5. code penal. modern of the honorary orders is that of the legion The code civil, the first and the most compred'Honneur; instituted by Buonaparte, and hensive of these divisions, defines the rights of maintained on nearly the same plan by the Bour- persons in their various capacities of citizens, bons. The usual title to admission is the dis- parents, sons, daughters, guardians, minors, charge of functions, civil or military with married, unmarried. It next treats of property distinction; and, in time of war, the perform- in its respective modes of acquisition and pos. ance of an action of eclat. The gradations are, session, as inheritances, marriage portions, sales, chevaliers, of whom the number is unlimited, leases, loans, bonds, mortgages. and very great; officers, who amount to no less The code de procedure civile ordains the than 2000, commanders, to the number of 400; manner of proceeding before the different courts grand officers, 160; and grand croix, to the num- of justice, beginning with the juge de paix; also ber of 80. A member must serve several years the mode of carrying into effect sentences, whe as a chevalier before becoming an officer, and ther the payment of damages, the distraining of the same progressively through the other ranks. goods, or the imprisoning of the party conAdmissions take place once, and frequently twice demned. It declares, likewise, the course to be a year; a specific number being allotted to each followed in transactions distinct from those of the great department of the public service, the mi- law courts; as, in arbitration, taking possession litary, the judicial, and the administrative. Other of an inheritance, or a separation of property orders are, that of St. Louis, which is strictly between man and wife. military: that of St. Michel, which dates from The code de commerce defines the duties of 1469, is limited to 100 members, and is con certain officers, or commercial agents, such as ferred as a recompense for distinction in science, sworn brokers and appraisers; it next treats of literature, or the arts. Eminent professional partnerships of sales and purchases—of bills of men and artists, and the authors of discoveries exchange-of shipping, freight, and insuranceof public utility, constitute the members of this of temporary suspensions of payment, and bankorder. The order du St. Esprit, created in 1578, ruptcies. and of the very highest rank, comprises princes The code d'instruction criminelle, explains the of the blood, prelates, and members of the order duties of all public officers connected with the of St. Michel--the whole limited to the number judicial police, whether mayors, assistants of of 100.

mayors (adjoints), procureurs du roi, juges d'inEach department throughout France has at its struction, &c. After prescribing the rules rehead a prefet or civil oíficer, who acts as the garding evidence, it regulates the manner of apmedium between it and government, maintaining pointing juries and the questions which fall a daily correspondence with the minister of the within their competency. Its farther dispositions home department, and reporting on the execu relate to the mode and nature of appeals, and to tion of his orders, as well as on all local transac- the very unpopular courts authorised to try state tions and the state of political feeling. He is offences, termed cours speciales under Buonaaided in his laborious office by a conseil de pre- parte, and cours prevotales under the Bourbons. fecture, consisting of three, four, or five mem The code penal describes accurately the pubers, whose duty consists in making up the nishments awarded for offences in all the variety details of business. The departmental coun- of gradation from the penalties of the police cil (conseil general de departement) is much correctionelle, to the severest sentence of the more numerous, comprising sixteen, eighteen, law. All offences are classed under two general twenty, or more members; but they meet only a heads-state offences, such as counterfeiting few weeks in the year, nor are they of much use, coin, resisting police officers, sedition, rebellion; except to share, as a collective body, the respon- and offences against individuals, as calumny, sibility attendant on the distribution of taxes, or false evidence, manslaughter, murder. other similar measures. A sous prefet is an These codes,—the first attempt to reduce the officer much inferior to the prefet. There lau of a great nation to the compass of a vo to each of the districts called arrondissemens, lume-consist of a number of sections and short and he is aided in his labors by a council of paragraphs, each paragraph marked by a number, eleven members.

as a means of reference. The style is as concise Lastly, the communes, the smallest of the as is compatible with clearness, and the arrange official divisions of the French territory, and of ment very minute and elaborate. The whole is which there are above 38,000 in the kingdom, sold for a few shillings, in the shape of one ocare little else in fact than parishes ; but their tavo, or of two duodecimo volumes; and copies distinguishing characteristic consists in having of it are in the possession, not only of all judges, each a mayor and municipal council.

pleaders, and attornies, but of agents, merchants, Law.--In this important department France and persons in business generally, who, without has the great advantage of a compact and defi- being enabled by it to dispense with the aid of nite code, completed at the beginning of the pre- lawyers, find in it a variety of useful explanations, sent century, when it was promulgated under relative to questions of frequent occurrence.


The juge de paix is authorised to pronounce into three or four chambers, of which one perfinally in petty questions (under 50 francs, or forms the duty of our Grand Jury, in deciding £2), and to give, in questions of somewhat on the bills of indictment (mises en accusation); greater amount (up to 100 francs, or £4), a de- another is for the trial of offences (police correccision subject to appeal. He takes cognizance, tionnelle); and a third, with perhaps a fourth, likewise, of disputes about tenants' repairs, ser is for civil suits. These courts are often called vants' wages, and the displacing of the landmarks Cours d'Appel, as all the cases that come before of property. No action can be brought before a them must previously have been tried by an incourt of justice in France until the plaintiff has ferior court. The collective number of judges summoned his adversary before a juge de paix, in these higher courts is not short of 900. Paris with an anicable intent (cité en conciliation), has only its Cour Royale on a large scale (five and received from the juge a procés verbal, chambers and fifty judges), and confined in its showing that the difference could not be ad- jurisdiction to the metropolis, and the seven adjusted.

jacent departments. There is a procureur du A Primary Court exists in every arrondisse- roi for every tribunal de première instance, and ment, making above 360 for the whole of France. a procureur general for every Cour d'Appel. It is composed of three or four members, two or The Assize Courts have cognizance of criminal three suppléans or assistant members, and a pro- cases only, that is, of crimes and offences recureur du roi, acting on the part of the crown. ferred to them by the cours royales. They conIn populous districts, cours de première instance sist of three, four, or five judges, members of the comprise six, seven, eight, or more members, cours royales, but never belonging to the section and are divided into two or three chambers. that finds the indictments. The grand accomThey are chiefly occupied with questions of civil paniment of a French Assize court is a jury, law, and hold, in the extent of their jurisdiction, which, as in England, consists of twelve mema medium between the duties of the juge de bers, and decides on the facts of the case, leaving paix and the powers of the cour royale; their the application of the law to the judges. Comdecisions being final wherever the income from plete unanimity was at no time necessary in a a property does not exceed forty shillings, or the French jury. At first a majority of ten to two principal forty pounds; but subject, in greater was required; but this was afterwards altered to matters, to an appeal to the cour royale. The a simple majority, with the qualification, that, in members of these inferior courts are named, like case of condemnation by only two voices (seven other judges, by the crown, and hold their places to five), the verdict should be re-considered by for life; their number, throughout all France, the judges and the party acquitted, if, on taking including suppléans, is not far short of 3000. judges and jurymen collectively, there was a

A section of the Tribunal de première instance majority in his favor. The assizes are the only is appropriated to the trial of offences under the courts in France that are not stationary. They name of tribunal de police correctionnelle; and are, however, generally held in the chief town of here the English reader must be careful to dis- a department once in three months. The costs tinguish between judicial and government police; of suit are very exactly defined by a printed the former having no reference to state offences, tarif; and it is a rule in criminal, as in civil such as libel or treason, but comprising a very cases, that the party condemned is liable for all. numerous list of another kind, viz, all offences The Special Courts were constituted out of that do not amount to crimes, or subject the of- the usual course for the trial of state offences. fender to a punishment afflictif ou infamant. The Cours Speciales were appointed by BuonaThese offences when slight, are called contraven- parte, the Prevotales by the present government, tions de police, and are brought before a juge de during the period of disturbance which succeedpaix, or the mayor of the commune; when of a ed the second entry of the king. In both cases graver stamp, or requiring a punishment exceed- they were considered as under the influence of ing five days' imprisonment, or a fine of fifteen government, and, of course, were very obnoxious francs, they are brought before the court now to the public. mentioned, whose sentences, in point of impri The name of Tribunal, or Court, is also given sonment, may extend to the term of five years. in France to a body of five merchants, or leading The trespasses brought before a justice of the tradesmen, appointed by the mercantile body in peace or mayor, are such as damaging standing every town of considerable business, and who corn, driving incautiously in the high-way, en settle all disputes occurring in mercantile busidangering a neighbour's property by neglecting ness, and falling within the provisions of the repairs. The offences referred to ihe tribunal Code de Commerce. Their decisions are foundcorrectionnel are such as assault and battery, ed on that code, and the customs of trade. They swindling, privately stealing, using false weights are final in all cases below £40. The presence of or measures, &c.

three members is necessary to form a court. The The Cours Royales, in number twenty-seven, duty is performed gratuitously. are attached to the chief provincial towns. They The court of Cassation, the highest court of are all formed on the same model, and possessed justice in the kingdom, is held at Paris, and is of equal power; the number of their members composed of three chambers, each of sixteen depends on the population of the tract of members and a president, making, with the precountry, (generally three departments), subject to mier president, a total of fifty-two members. Its their jurisdiction. In a populous quarter, like province is to decide definitively in all appeals Normandy, a Cour Royale, comprises twenty, from the decrees of the Cours Royales; investwenty-five, or even thirty judges, and is divided igating not the facts of a case, but the forms of

law, and ordering, wherever these have been in

lo 1817. In 1818. fringed or deviated from, a new trial before ano Banishment


2 ther Cour Royale. This revision takes place in Degradation from the rank of criminal as well as in civil cases. The royal



5 court chosen for the new trial is generally, for Imprisonment and fine 2,629 1,619 the convenience of the parties, the nearest in

The old laws regulate all questions arising out situation to the other. The Cour de Cassation of transactions passed, or out of rights acquired, has farther powers of the highest kind. It deter- prior to 1803 and 1804, the date of promulmines all differences as to jurisdiction between gating the code. The law students in France one court and another; and exercises a control thus regard the code as the sole authority. They, over every court in the kingdom. It has power however, still read the more celebrated writers to call the judges to account before the minister on the old law as collateral illustration. There of justice, and even to suspend them from their still exists it is said in France the singular pracfunctions.

tice of parties engaged in a law-suit visiting the The minister bearing the title of 'Keeper of judges in private; a practice originating in an the Seals and Minister of Justice,' may be com- age when suitors thought a personal interview pared to the Chancellor of England, but his the only effectual mode of explaining their case. patronage is much less extensive. He exercises But such interviews are little else than an exa general superintendence over the judicial body, change of compliments, nor have the judges and is the medium between the king and the either before or since the revolution, been charge courts, in the same way as the minister of the with acting under the influence of ex parte state home department is in regard to the civil autho- ment. The law style in France is much more rities. The expenses of the judicial body fall brief than ours; their deeds, leases, mortgages, under his cognizance. The procureurs généraux sales, &c., being generally contained in very few and procureurs du roi throughout the kingdom pages, and remarkably free from obscure or apaddress their correspondence to him, and it is tiquated phrases. his province to report to the king on the allevia REVENUE.—France before the revolution raised tion of punishment; on pardons; in short, on nearly half her revenue by taxes on consumpall disputed points of administration. He rarely tion, viz. on salt, wine, brandy, tobacco, stamps, acts as a judge.

leather, and foreign goods imported. These Juries were introduced into France in 1791, were all abrogated, in 1791, by the National and are confined to criminal trials. During Assembly, and replaced partly by a propertyseveral years there were in France grand juries tax (foncier) and partly by the ruinous expedient as in England; but under Buonaparte their of issuing assignats. The people thus continued functions were transferred to the Cours Royales. exempt from their old burdens above ten years, By the juries, at present, the nature of evidence and so necessary was it to observe caution in seems little understood.

recurring to them, that it was not till 1803 and A considerable improvement made by the 1804, when the power of Buonaparte was fully National Assembly was a general mitigation of consolidated, that taxes on consumption were rethe penal code, or rather the substitution of pu- newed. The revenue of France in 1790 was about nishments likely to be enforced, for others of such £22,000,000 sterling. The sum required for severity as in general to defeat their object. payment of the interest of the public debt was Stealing privately in a dwelling-house was for- nearly £10,000,000 leaving only £12,000,000 for merly punishable in France by the rack and the army, navy, civil list, and other public exdeath-an extreme which prevented respectable penses. In the era of confiscation and judicial persons from bringing delinquents before a murder, the national debt was not openly cancourt. Of the state of crime in France at a celled, but the interest was issued in assignats recent period, and of the nature of the punish- of no value except for purchases of national proments, an idea may be formed from the follow- perty. At last, in 1798, there was passed a law, ing return made by the minister of justice : declaring that one-third of the old national debt

should be sacred, and the interest on it payable

In 1817. In 1818. in bonds, or paper receiveable in discharge of Individuals tried

14,146 9,722 Condemned

taxes. This third was called La tiers provisoire,

9,431 6,712 Acquitted

but its price in the market continued very low 4,715 3,010

until Buonaparte succeeded to power, and placed Of these the crimes or offences were, Gaudin, afterwards duke of Gaeta, at the head Against the state


166 of the treasury, when means were found to rethe person

1,638 1,262 deem the stocks from their depression, and to the property

7,086 5,547 resume the payment of the dividends' in cash. Sentences.

Could Buonaparte, it is said, have obtained large Death

558 324 sums on loan, his career of aggression and conCompulsory labor for life

511 393 quest would have been still more rapid; but on Transportation


6 the restoration of the Bourbons, in 1814, the Compulsory labor for a term of

public debt, funded and unfunded, did not exceed months, or years 2,645 1,992 £123,000,000; its interest £7,000,000.

In Compulsory labor, and to be

1799 the expenditure exceeded the receipt by branded

172 184 £8,000,000 sterling. The continental peace, a Solitary confinement

2,774 2,116 partial reduction of expenditure and improvePillory

I ments in the collection of the taxes, brought, la


1803, the receipts to £19,500,000, while the ex- 1815, when, the sums raised by public loan piovpenditure was £20,000,000. In subsequent ing insufficient, it became indispensable to years, both received a progressive augmentation, impose additional taxes. These carried the reand, in 1813, the revenue derived from France, venue, in 1818, to nearly £35,000,000, but the exclusive of conquered territory, was about following is the form in which in 1820 the re£27,000,000. Such was about its amount in venue of France became permanently settled. INCOME AND EXPENDITURE OF FRANCE in 1820, after the discharge of her engagements to the

allied powers, and on funding her floating debt.

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£ 8,000,000





Foncier, or tax on real property, viz.

the lands and houses of the kingdom at large. This tax has yielded £10,000,000, but is not reckoned to produce permanently more

than Mobilier, or tax on houses, with

reference to the furniture and

other effects Window-tax Patentes, or tax on persons exer

cising trades and professions

The above form the direct taxes. Enregistrement, domaine et timbre,

These comprise the stamp-duties, and a heavy tax on sales, legacies,

&c. Sale of wood from the government

forests, average Customs

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Salt tax

Interest of the national debt
Life annuities
Interest of deposits made by pub-

lic functionaries on entering on

their places
8,000,000 Annual appropriation to the sinking


Pensions and half-pay allowances,
1,300,000 civil and military
600,000 Clergy-stipends, pensions, and all

600,000 Civil list and princes of the blood

House of Peers, chiefly in pensions

for life
House of Commons, for printing

and other expenses (no pensions)
6,000,000 The annual votes to the different

ministers are nearly as follows:
800,000 Administration of justice through-
2,000,000 out the kingdom
1,600,000 Department of foreign affairs for

office, charges, ambassadors, con

suls, &c.
5,000,000 Treasury-office charges and abate-

ments of taxes
1,500,000 Police

300,000 Army estimates
600,000 Navy estimates

Home department, comprising pub-
220,000 lic works, and a variety of local
1,480,000 expenses, the funds for which,

though raised on the spot, are
held at the disposal of the minis-
ter of the home department, and
re-issued on an application to

him from the prefects or mayors
Discount to collectors and others
Add a computed amount for all ex-

tra or contingent charges, such as
relief to the poor under a bad
harvest, defalcation of particular
taxes, &c.

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Droits réunis, or indirect taxes,

being a combination of excise

duties on wine, spirits, beer, &c. Tobacco and snuff, including the

monopoly of the manufacture
Post Office
Newspapers, stamps, licenses for

theatres, gaming-houses, &c. Other receipts and contingencies

[merged small][merged small][ocr errors][merged small][merged small]
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£ 30,000,000

The octrois, &c., horne by the towns and country districts, amount, beside the above, to £1,500,000; and if to these be added the charge of collecting, the aggregate of taxation in France will be found to be about £35,000,000, equal nearly to £47,000,000 in England. Each person in France, as computed by the individual, pays about £1 11s. Od. English sterling per head: while we have paid in England £3 10s. and £4. But the French taxes are on the whole more unfavorable to productive labor. The droit de patente is a direct charge on labor, while luxuries, such as carriages

, horses, men servants, are exempt from all imposts. In the assessment of the great tax, the foncier

, there also exists a surprising number of overratings and omissions. Finally, the enregistrement exceeds in pressure all our stamp taxes; being a duty on sales to the extent of five per cent. on the principal. The expense of collecting taxes in France is fully nine per cent. on the principal, or

per cent. higher than in England,


ARMY AND Navy.-At the commencement of 10,000, of whom above 4000 are in the guards. the rerolution France had not an effective army The Maison du Roi, or body guards, are a of above 140,000 men: although as early as corps of young men of family, who go through 1688 she had sent into the field a force of double this service as an introduction to military life. that number. The compulsory levies of 1793 The gradations of rank in the service generally, and 1794 augmented this force prodigiously; and are, sous-lieutenant, lieutenant, capitaine, chef between 500,000 and 600,000 are said to have d'escadron, colonel, maréchal-de-camp, lieufollowed the republican banners.

tenant-général, maréchal de France. The num During the campaigns of 1795, 1796, and ber of the marshals of France is limited to twelve, 1797, and in those of 1799 and 1800, the force the number of the other ranks, even that of lieumaintained by France and Holland was between tenant-général, is large, for the etat major, or 300,000 and 400,000. Buonaparte, at the peace staff of the army, after a reduction in 1818, conof Amiens, settled his peace establishment atsists of 130 lieutenants-généraux, and 260 maré300,000 men. At the renewal of war it was chaux de camp. There are on full pay twice as raised to 400,000, a force with which, in 1805, many officers as are necessary for the duty, but he overcame the united armies of Austria and the number of half-pay officers exceeds all proRussia. His annual levy of French conscripts portion. Promotion in the French army never averaged at this period 100,000; a supply which, takes place by purchase, and not often by special joined to the recruits of his allies, kept up his order; seniority at present determines more than numbers, and even increased them, notwithstand-, half the appointments. ing the wasteful campaigns of 1806 and 1807. Of the military schools of France, the Ecole So that in 1812 the force at the command of this Polytechnique is in highest repute, for the inmighty despot reached its maximum, and he led struction of young men in mathematics and into Russia a mass of 360,000 men, while there drawing; for the engineer and artillery corps is remained at home, and in Spain and Germany, a seminary in which none but candidates of talent a number which carried the aggregate to nearly are admitted. The entire war department uuder 600,000. With the latter, after the almost total Buonaparte cost annually, for some years, loss of his troops in Russia, and with the aid of £20,000,000. fresh levies, he withstood the efforts of Europe In 1791 the effective French navy was statel in arms against him during two campaigns. at seventy-four sail of the line, sixty-two frigates,

In 1815, on his return from Elba, Buonaparte and twenty-nine corvettes. Our victories of found about 120,000 men under arms in France. Toulon in 1794, and at Aboukir, reduced this, But the disposition of the French people in re so that Buonaparte found the marine force on his gard to war was so changed, that the greatest accession to power in a very weak state : and it efforts, during the next three months, could only was not until after the peace of Amiens that he add 60,000 to this number, and the loss of one ever could muster a fleet of sixty sail of the line. battle happily disappointed all his hopes. In This was destined to an early humiliation at 1817 the Bourbon government had recourse to Trafalgar; and, on the accession of the Bourbons, the conscription as the only effectual method of they could not muster above thirty sail of the filling the ranks; but it was greatly modified, line. In 1820 the official accounts give fortythe numbers required being limited to 40,000, eight sail of the line, and twenty-nine frigates, as and the term of service to six years; still the mea- the navy of France; eleven of the former being sure was compulsory, and fell heavy on the mid- on the stocks, and four of the latter. The annual dle and lower classes; the alternative for a youth, vote for the navy is 1,800,000. when drawn, being either to give up his intended The garde nationale is a popular corps in profession, or to pay £40 or £50 for a substitute. France, answering to the description of our În 1819 the French army thus amounted to volunteer infantry and yeomanry. In Paris 100,000 men; and soon after to 150,000, a num- alone, at the period of its late dissolution, it ber likely to form its permanent peace establish- amounted to nearly 50,000; it is found in all the ment. This force is composed of sixteen regi- large towns of France. The gendarmerie is a ments of the guards ; viz. eight of infantry, and much similar corps, chiefly used in aid of the eight of cavalry; each of the former having three police, and not exceeding in the whole 20,000 battalion's, and each of the latter six squadrons: men. the cavalry of the line, under the various denomi RELIGION AND EDUCATION.— The old French nations of chasseurs, dragoons, cuirassiers, and church, though catholic, was singularly inde hussars, in all forty-eight regiments, but in peace pendent of the interference of the papal see in they are on a reduced scale: the infantry of the its ecclesiastical affairs. It had very extensive line, classed during the revolution by brigades, landed property, which in the early part of the and under Buonaparte by regiments, now (since revolution (in 1790) was computed to be worth February 1819) by legions, of which there is one £100,000,000 sterling, and was assumed by for each department, making in all eighty-six, the national assembly, who granted a fixed ineach generally of three battalions : the total num come in money to the clergy in lieu of these ber of battalions is 258: the artillery, composed possessions. This arrangement is still in force; of eight regiments serving on foot, and eight of and the total fund thus annually payable is vot horse.

short of £1,500,000, a sum which, though large, The engineers are a numerous and well-edu- leaves but small incomes when divided among cated body of officers; the corps of Ingénieurs so many thousand claimants. A cardinal, of Géographes comprises five colonels. There are which there are at present six, has £1300 per Swiss troops in the French service amounting to annum; an archbishop has from £700 to 1800

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