The American in Paris; vol. 2 of 2

by John Sanderson

It is the theatre upon which Guizot, Cousin, Villemain, and others acquired their professorial celebrity—a noble theatre for the encouragement, exercise, and reward of eminent abilities. The Faculties of Law and Medicine are held each in separate buildings. The “College de France” has twenty-one professors, who give lectures on all the higher branches of science and letters; also upon the Hebrew, Chaldaic, Syriac, Arabic, Persian, Chinese, and Italian languages. There is besides a Special Royal school for Oriental Languages, to which the government allows annually 3600 dollars. The salaries of professors in these schools seldom exceed 1200 dollars; a pension is given after twenty years’ services.—Besides these, they have the “Ecole Polytechnique,” with three hundred scholars, from sixteen to twenty years: twenty-four at the expense of government; the charges of the others 200 dollars a-year. In connection with this is the “Ecole des Ponts et Chaussés,” in which eighty of the pupils are instructed specially in the arts of projecting, and constructing roads, canals, &c.

There is a school for Astronomy at the Observatory; also, a “School of Mines,” with an extensive cabinet and lectures, and a “School of Pharmacy,” with a botanic garden. This gives a diploma and licence to practice to Apothecaries.—There is a gratuitous school of Mathematics and Drawing, and one of Drawing for ladies, and two courses of lectures at the Garden of Plants. The Conservatory of Music has four hundred pupils; twelve at the expense of government; it gives prizes, and through the year several concerts. There is a Gymnasium too, and a school of Equitation. Mercy! what a litter of schools.

The institutions also for encouragement and literary intercourse, are numerous in all the branches of learning. At the head of these is the “Institut de France.” Of the others, the most distinguished are the “Academie de Medicine,” and the Geographical, Historical, and Agricultural societies.

The Public Libraries are the “King’s,” containing four hundred and fifty thousand volumes, sixty thousand manuscripts, one hundred thousand medals, and more than a million of engravings; the Library of the Arsenal, one hundred and eighty thousand volumes; of the Pantheon, one hundred and fifty thousand, and thirty thousand manuscripts; the Mazarine, one hundred thousand; and the City Library forty-eight thousand; and others, as of the Institute and Sorbonne, to be consulted occasionally. There are near two hundred Reading-Rooms, also Circulating Libraries in all directions; and newspapers and reviews are a part of the furniture of every café, and other public house—without saying any thing of the Museums and Institutions of the Fine Arts.

In the Law School, a degree of Bachelor requires two years’ attendance on lectures; a Licentiate three, and “Doctor of Laws,” four. Pleading in court is preceded by a degree of Licentiate, three years’ study, examination and thesis, and after oath of office a noviciate, or constant attendance on the courts, of three years. The Lawyers are Avocats and Avoués. The latter enjoins twenty-five years of age, certain years of study, a certificate of capacity from the Faculty of Law, and a Clerkship of five years in a Cour Royal. The duties of the Avocat are subordinate. This arrangement brings the inconvenience to the client of acting by two persons; the want of the best advice in the beginning, of unity of action and undivided responsibility. The advantage is that the Avoué, not being subjected to the details and humbler duties of a suit, takes a higher professional rank and character, and is less subject to undue influences, having no immediate relation with the parties. In admission to the bar, there is no inquiry about moral character, and the judges are selected immediately from the schools. I will try to give you in two words the machinery of French justice. I go out of my course in reverence for your profession.

There is a “Minister of Justice.” His office is to pursue and bring to punishment all wrongs done to the state. It is a bad relation, being that of vengeance and not mercy. Our principle is reversed, and the accused is considered guilty until proved innocent. For the whole kingdom there are 27 Royal Courts; and, corresponding with our Common Pleas, 365 courts, called “Tribunals of the First Instance.” To each of the former is attached a “Procureur General,” and under him a “Procureur du Roi,” with a “Judge d’Instruction,” and justices of the peace.—The plaintiff, or a police-officer, applies to a commissary, or mayor, or justice, or Procureur du Roi, and if a criminal action, the accused, who cannot be confined beyond twenty-four hours, is summoned before a “Juge d’Instruction,” who questions, and releases, or commits him.

In the latter case he produces him, of course with all possible proofs of guilt (and to collect these proofs he may detain him, innocent or not, nine months in prison)—before a Chamber of Council, having three judges, himself one, to examine whether there is cause of trial; and next before a Chamber of Accusation, which examines finally, and this concurring, he is tried at the Assizes. A jury of thirty (taxables to 200 francs) are chosen by ballot, of whom the accuser and accused strike off nine. The “Procureur General” then opens the trial, states the crime and names the witnesses; and the “Avocat General” appeals to the jury in behalf of the injured community, for justice.

The President questions first the prisoner, who if incautious or foolish, may be led, as is the intention, to convict himself, or if expert, as he has the right to question also, he may induce discussions not always to the credit of the magistrate or the majesty of justice. Secondly, he examines witnesses, the prisoner and counsel cross-examining, and the Avocat General then sums up the facts and evidence. Last of all the accused speaks, either by counsel or personally in defence; the court appointing counsel in case of his inability. The President then sums up, gives his opinions, the jury declares him guilty or not guilty, and the court determines the punishment. Small offences are decided before a justice of the peace or a minor court, with liberty of appeal. Civil actions, below 1,000 francs, are tried before a justice of peace and decided finally by a Juge d’Instruction: above that sum there is an appeal to a Royal Court. In the “Court of Cassation” at Paris, the decision of any criminal or civil case may be re-examined, and if reversed it is referred to another tribunal. If the original decision is confirmed, it is reconsidered by this court, and if unanimous in the former opinion, it is submitted to a third tribunal, whose decision concurring with the first, is final. There are courts also expressly for the decision of commercial affairs. One at Paris with a president and two judges elected from the most respectable merchants. The number of judges of the kingdom is 4,000; of justices of the peace 3,000; the Avoués of Paris are above 200. The salary of a justice is 2,400 francs, of a Judge of Cassation 15,000; of a President judge 20,000; and a Premier President 40,000; and the entire expense of justice is above three millions and a half.

The judges are habited in black robes of silk, with a crimson sash about the neck and across the breast, with golden tassels. The lawyers wear a black gown, and a “toque” or cap. They usually hire this costume for the occasion from a stall within the “Palais de Justice.” This cap supplies the place of the old wig; it does more, for the pleader occasionally takes it off and shakes it at the judge, or throws it upon the table in the fury of debate, and then puts it on again. It is certain that gesture was designed by nature to make up the deficiencies of language. It is often the more expressive of the two, and whoever omits it or misuses it, must leave imperfect his meanings or the passions he attempts to represent. Cicero even sets down mimicry amongst the accomplishments of an orator. Whoever converses in English and French will feel, for some reason, a disposition to much action in the one, and less in the other, in expressing the same feelings, which gives rise to a diversity of taste.

But in all such matters there are standard rules in truth and nature which cannot without bad effect be violated. In gesture the English sin by neglect or awkwardness; the French chiefly by extravagance. Rapidity and frequency impair dignity, and even gracefulness is acquired somewhat at the expense of strength. A French orator will tear his ruffles when the occasion does not warrant it; reserving nothing for a fiercer passion. To tell you he has seen a ghost, and not heard of it, he will apply a forefinger to the under lids of his two eyes; and to tell you emphatically that he came on horseback, he will set two fingers to ride upon a third. While the Englishman “on high and noble deeds intent,” puts his right hand in his bosom and his left in his breeches pocket. Propriety lies somewhere between these two extremes. There are two choice lawyers at the French bar, at present, Berryer and Charles Dupin; both eminent models of chaste and graceful oratory. This is enough of the limping old Lady Justice.