After a drawing by Georges Scott.]

The pupils were admitted through an examination; they could not be less

than sixteen nor more than twenty years of age, unless they had served

two years under the flag; in that case, the limit of age was fixed at

twenty-five. Since the re-establishment of the Republic, these

regulations have been somewhat modified. The number of pupils admitted

annually is now from two hundred and twenty to two hundred and fifty; it

is, perhaps, worthy of notice that the number of applicants, after

having reached its maximum, seventeen hundred and twenty-nine, in 1893,

has since greatly declined,--sixteen hundred and seventy in 1894,

fifteen hundred and twenty-six in 1895, and twelve hundred and

ninety-nine in 1896. The institution is now designed especially to

furnish trained men for the artillery, marine and land; for military

engineering; for maritime engineering; for the national marine; the

corps of hydrographic engineers; the commissariat of the marine; the

bridges and highways; mines; State manufactures, in which are included

tobacco, gunpowder, and saltpetre; and the telegraph. At its foundation,

in 1794, the pupils were not lodged in barracks, but billeted upon

private citizens, and they received an annual allowance of twelve

hundred francs; at the present day, this allowance is reduced to a

thousand francs, plus seven hundred for wardrobe and a hundred for

outfit. To those pupils who are unable to meet the necessary expenses,

an allowance, or _Bourse_, is accorded, provided the parents engage

themselves to repay the cost of his education in case the ex-Boursier

does not remain ten years in the service of the State. The duration of

studies is two years.

At their close, the choice of the graduate's profession is determined by

his standing in his class. Rather curiously, the civil professions are

generally preferred,--mines, bridges, and highways, telegraphs, and

manufacture of tobacco. The pupils admitted into the civil professions

enter special schools, École des Mines, des Ponts et Chaussées, etc.,

with the title of Élève Ingénieur, and a brevet of sous-lieutenant de

Réserve in the artillery or the Génie [Engineers]. The pupils who select

the military career are appointed sous-lieutenants, and pass two years

at the École d'Application of Fontainebleau.

A royal ordinance of May 6, 1818, created an École d'État-Major [General

Staff], which was established in the old Hôtel de Sens, near the Place

des Invalides. The school was destined to furnish officers to the

general staff of the army; its organization was modified in 1826, and

again in 1833. Under the Empire, it was designated as the École

d'Application d'État-Major; it is to-day part of the École Supérieure de

Guerre.

In the little village of Saint-Cyr, about three miles from Versailles,

is the famous military school of the same name, which had existed at

Fontainebleau since 1803, and which, in 1808, was transferred by

Napoleon to the ancient buildings of the institution for the education

of the female nobility founded by Madame de Maintenon, and for which

Racine composed _Esther_ and _Athalie_. This institution was, naturally,

abolished during the Revolution, and the buildings appropriated to the

reception of wounded soldiers. Under the Restoration, the school was

suppressed, but later reorganized, and definitely reorganized by the

decree of January 18, 1882. Its object is to educate officers for the

infantry, the cavalry, and the marine infantry. The number of pupils is

generally from seven hundred and fifty to eight hundred, from seventeen

to twenty-one years of age. The number of pupils admitted each year is

determined by the Minister of War. The requirements of the examination

for admission are sufficiently strict to make it somewhat difficult to

secure this honor. Each pupil receives an allowance of a thousand

francs, plus seven hundred francs for his outfit. Bourses and

half-Bourses, outfits and half-outfits, are accorded by the Minister of

War under certain conditions. Each pupil volunteers to do military

service for the space of three years. The duration of studies is two

years. The pupils graduate with the grade of sous-lieutenant, and select

their corps and their garrison according to their standing in their

class.

[Illustration: RESERVISTES DURING THE TWENTY-EIGHT DAYS. After a

water-color by L. Sabattier.]

The pupils of this school, with their jaunty white plumes, add much

to the liveliness of certain quarters of Paris on Sundays and fête-days.

Permission for these outings is greatly appreciated, and, it seems, is

by no means easy to obtain. Many formalities have to be complied with

before _Cyrard_,--as these gay young men call themselves,--in his neat

uniform, can set out for the conquest of Paris. From time to time,--but

not too frequently,--the _Poireau_, the general commanding, put in a

good humor by some event which has flattered his professional pride in

the school, grants a general permission to all the pupils for an outing,

a _sortie galette_, without any regard for _moyennes_ and punishments.

This qualification of _galette_ derives its name from the fact that this

general permission specially affects the pupils _fins_ or _fines

galette_, whose ranking in their classes does not always attain the

desired altitude. The _galettes_, as happens in other educational

institutions, frequently make the best officers. One day, a good while

ago, it is related, an unfortunate _melon_, wandering about in the great

space of the cour Wagram of the school buildings, found himself in the

midst of a group of the elder pupils. "Monsieur," said a corporal to

him, haughtily, "what are you doing here? you have the appearance of a

toad in a basket of strawberries!" The humble _saumâtre_ thought it

better to reserve his reply to this mortifying comparison for a later

date. A respectable number of years afterward, the President of the

République, reviewing the garrison of Orléans, reined up his horse

before an old colonel with a white beard, and said to him point-blank:

"Well, colonel, have I still the appearance of a toad in a basket of

strawberries!" The humble _saumâtre_ was now the Maréchal de Mac-Mahon.

Sometimes the President of the République, or the Minister of War, on

the occasion of some solemnity, requests the _Poireau_ to grant a

_sortie galette_. Sometimes a personage _croco_--that is to say,

distinguished foreigner--visits the school; then the cry is: "_Calot,

les hommes! calot! sortie galette!_"

On these great occasions, the pupils who have secured this coveted

privilege of an outing assemble in the cour d'Austerlitz or the cour

Wagram to be formally inspected by the captain of the week. "Oh! this

inspection!" says an ex-élève; "I know nothing more terrible, more

feared, and more to be feared. How many laborious efforts, how many

cherished hopes, are made naught before this inflexible judge, who, for

the slightest spot, the smallest grain of dust, transforms into bitter

sadness the secret exultation of a heart which felt itself full of the

joy of existence! One day, when I had painfully acquired my _petites

moyennes_, the captain halted in front of me. I was confident; I felt

myself to be irreproachable. 'Give me your promission!' said he,

suddenly. And, before my eyes, sarcastically, he tore into fragments

this talisman of my liberty;--it appeared that the contact of my cheek

with the collar of my capote had left on the latter the almost

imperceptible touch of a little rice-powder! There was nothing for me to

do but to go back to my chamber, resume my working costume, and increase

the number of _petits-cos_, prisoners."

Without going into the infinite details of the administration of justice

in the capital, it may suffice to indicate briefly the different

attributes and functions of the four great courts of Paris. These are:

Cour de Cassation, which sits in the Palais de Justice; the Cour des

Comptes, at the Palais-Royal; the Cour d'Appel, at the Palais de

Justice; and the Cour d'Assises, at the Palais de Justice. The duties of

the first of these--at the present moment occupying so large a share of

the attention of the civilized world--are briefly stated to be "to

maintain the sound and uniform application of the laws." This court sits

in judgment on all demands for the quashing of judgment and decrees

rendered by courts of the last resort; it decides upon the demands for

transferral from one court to another, in case of legitimate suspicion

or for the benefit of the public security, conflicts of jurisdiction,

and decisions of judges. It has the power of annulling all procedures in

which the legal forms have been violated, and all judgments which are in

direct contradiction with the text of the law. It can take cognizance

only of questions of law, and not of those of facts and material

details; after having quashed a judgment, it sends the case back to

another court of the same order as that of which the decision has just

been annulled. This new decision may be again attacked and set aside,

but to prevent the endless repetition of this process, the tribunal or

the court to which the case is referred after a second reversal must

conform on the point of law with the decision of the Cour de Cassation.

It can pronounce upon the decisions of all the tribunals of the

judiciary, properly so called, but cannot take cognizance of any

decision of administrative justice. The decisions of the military

tribunals can be brought before it only by non-military persons

appealing against the incompetence of the military jurisdiction in their

case. It can quash the decisions of Juges de Paix only when they exceed

their power. It cannot determine upon the decisions of voluntary

arbitrators, who are not considered as legal tribunals, nor upon

judgments which are not definitive and conclusive, or which have

acquired the authority of the famous _chose jugée_,--decision rendered.

The Cour de Cassation consists of a first President, three Presidents of

Chambers, forty-five Conseillers divided among the three chambers (of

Requêtes, Civil and Criminal), a Procureur général, six Avocats

généraux, a Greffier en chef, and four Greffiers. The Chambre des

Requêtes sits in judgment in all civil matters not excepted by some law,

if the appeal is admissible. In this case, it sends back, by a decision

the grounds of which are not given, the case to the Chambre Civile.

Otherwise, it rejects the appeal by a decree the grounds of which are

given. It renders judgment in electoral matters, and, within certain

limits, in various special affairs.

The Chambre Civile decides definitely upon all appeals received and sent

to it by the Chambre des Requêtes, it takes cognizance directly of

appeals in questions of expropriation for the public utility, of appeals

brought, in questions of law only, in civil matters, by the _procès

gallican_ before the Cour de Cassation; of appeals, when there are

grounds, in disciplinary matters.

The Chambre Criminelle decides directly upon appeals in affairs

criminal, _correctionnelle_, and of the police, upon demands for

revision in judicial decisions and transferrals from one tribunal to

another, in cases in which the legal powers have been exceeded and the

decisions are annulled under proceedings instituted by order of the

Minister of Justice. In certain cases, determined by the law, the three

Chambres are united in a solemn audience to sit as the Conseil Supérieur

de la Magistrature.

Since 1883, the Cour de Cassation has constituted the Conseil Supérieur

de la Magistrature and has been in possession of all disciplinary powers

with regard to those magistrates who cannot be removed from their

offices, of the Cour de Cassation, of the Cours d'Appel, Tribunaux de

Première Instance, and Juges de Paix. The Conseil Supérieur determines,

the three Chambres being reunited, upon the requisitions of the

Procureur général; representing the government. No irremovable

magistrate of the courts and tribunals can be displaced excepting upon

the decision of the Conseil Supérieur. This removal does not entail

any change of functions nor diminution of position or income. The

magistrates can be placed upon the retired list, for grave and permanent

infirmities, by the decision of the Conseil Supérieur.

[Illustration: LA VIE À LA CASERNE: LE RÉVEIL. After a drawing by

Georges Scott.]

It may be interesting to know that the salary of the first President is

thirty thousand francs; of the Presidents of Chambres, twenty-five

thousand francs each; of the Conseillers, eighteen thousand francs each;

of the Procureur général, thirty thousand francs; of the Avocats

généraux, eighteen thousand francs each; of the Greffier en chef and the

four commis-Greffiers, together, thirty thousand francs.

It is before the Chambre Criminelle of this court that the inquiry into

the case of Captain Dreyfus has been conducted; and one of the many

frantic appeals of the anti-revisionists, anxious to prevent another

trial at any cost, has been to have the case transferred before the full

Cour de Cassation,--which has been finally granted by the government.

The Palais de Justice, in which this august tribunal sits, shelters also

the Cour d'Assises, the buildings of the Cour d'Appel, the prisons of

the Conciergerie and of the Dépôt, the apartments devoted to the service

of the Parquet, of the Juges d'Instruction, the smaller ones belonging

to the library and to the Salle du Conseil des Avocats, etc., and

encloses jealously the beautiful Sainte-Chapelle, the slender spire of

which and the great angel rise so incongruously over these secular

buildings devoted to windy and dusty Law.

Through the great gilded gates which from the Boulevard du Palais lead

into the Cour du Mai the visitor enters this ancient building, now

almost completely rebuilt by the restorations which have been going on

since 1840. Turning to the right, he passes into the great Salle des

Pas-Perdus, and from that into the long Galerie des Prisonniers, which

traverses the whole length of the Palais from east to west, and which

was originally constructed by Philippe le Bel. This gallery gives access

to the halls of audiences of the three Chambres of the Cour de Cassation

and the Galerie Saint-Louis. A curious detail of municipal

administration is connected with this supreme court. Though from an

architectural point of view it is undoubtedly an integral part of the

Palais de Justice, it is considered from an administrative point of view

as a separate construction, appertaining to the direction of civil

edifices, having its separate budget for construction and maintenance

and its special architect. This variety of budgets and services extends

throughout the building, the different institutions and tribunals under

its roofs being considered as belonging to different branches of the

administration. The State alone has charge of that portion of the

building occupied by the Cour de Cassation; that occupied by the Cour

d'Appel comes under the authority of the Minister of the Interior, since

the costs of the maintenance of this court are supplied by a group of

the departments of the nation. The department of the Seine and the City

of Paris have each their portion in the costs of construction and of

maintenance of the building, that of the city being by no means the

lightest. The Galerie des Prisonniers, for example, on the ground-floor

appertains both to the City of Paris and to the State, since on one side

it communicates with the Cour de Cassation; the basement, which is a

dependency of the Dépôt and of the Conciergerie, belongs both to the

city and to the department of the Seine, and the upper story is equally

divided in its allegiance. So that, if there is a question of replacing

a tile in the pavement, of repairing a ceiling, or of repainting a wall,

the architect is obliged to divide the cost, to a centime, between the

State, the Minister of the Interior, the City of Paris, and the

department of the Seine, each in its due and exact proportion.

The Cour de Cassation is very handsomely lodged, as is its due, the

Salle des Délibérations, with its heavy ceiling of carved and gilded

wood, being one of the most important and luxurious in the Palais, and

the Chambre d'Audience having for its plafond the celebrated

_Glorification de la Loi_ of Paul Baudry. The literal and realistic

magistrate who doffs his cap in the midst of all these pretty

allegories, at the pedestal of the Law, wears the gown of the President

of the Cour de Cassation.

"If, in the middle of the afternoon, you should issue from the Salle des

Pas-Perdus, your ears buzzing with the incessant hubbub which fills it

for three hours every day, deafened by the shrill ringing of the bell

which calls the attorneys in different directions, and after having

followed the long Gallery _des Prisonniers_, you should penetrate into

the passages of the Cour de Cassation, you would be astonished at the

extraordinary contrast presented by these two portions of the Palais,

such near neighbors. Over there, the noise and the tumult of the crowd

of lawyers, the arguing of cases and the spectators; here, the dull

silence of deserted edifices.

"It would seem that Jurisprudence, a magician with somnolent powers, had

steeped in lethargic slumber his faithful servitors, and the old

councillors who nod their heads, during the hearing, in their majestic

seats, wearing the toque of black velvet the peculiar form of which has

procured for them the disrespectful appellation of 'lancers,' the

occasional attendants who pass silently through the long corridors, the

solitary soldier of the Garde Municipale seated on a bench in the

gallery Saint-Louis, frightened almost at the solemnity of the place,

all seem but sorrowful shadows guarding the sanctuary of the Supreme

Court. Even the spectators complete the impression of profound ennui

which disengages itself from the very walls; here are none of the ardent

or tedious pleadings, the passionate or cheerful discussions, which keep

alive the attention of counsellors and judges in the Cour d'Appel and

the Tribunal. Facts, actions, with their complications and their

peculiar interests, with their infinite variety, are here banished from

the argument. The Law here takes an ample revenge; here are discussed

only matters of pure legislation, profound decrees of the supreme court,

or the interminable argumentations of authors who have produced sapient

dissertations upon the uttermost juridical disputation.--It is the

triumph of the ancient classic controversy, for discussions are still

held in the supreme court _pro et contrà_, to conclude in _baralipton_,

in the same manner as in the ancient Sorbonne;--Latin alone is wanting

to the festival.

"Pleadings, indeed, have but little importance before the Cour de

Cassation: it is the _mémoire_, laboriously and lengthily composed by

the avocat, which is the _pièce de résistance_ in every case, because it

sets forth a complete exposé of the affair and the minute discussion of

each one of the juridical problems which it brings up, with infinite

divisions and subdivisions. The monotonous reading of the

Conseiller-rapporteur being finished, the avocat proceeds to develop his

mémoire, and the Avocat général states his conclusions; then, if the

question present only mediocre juridical interest, the conseillers

gather in a circle in the centre of the Salle d'Audience to discuss,

adopt, or reject the judgment prepared in advance by the

Rapporteur;--this is what is called _faire le rondeau_. And there may be

seen, in the unshaded light of the hall, under the ceiling in gilded

oak of the Chambre Civile, these gray or white heads agitating

themselves, and Passion (passion inspired by abstract law!) reappears.

The apathy, the somnolence of a few minutes ago, have disappeared, and

these hoary old men find again, for the moment, an ardor which seemed to

have been forever laid to sleep....

[Illustration: MEDALLISTS OF SAINTE-HÉLÈNE IN THE PLACE VENDOME.

After the painting by Maurice Orange.

The Médaille de Sainte-Hélène was, by a decree, in 1857, a special

distinction awarded to all survivors of the wars of 1792 to 1815.]

"Silence, a silence which is scarcely troubled by the sound of the

discreet footfalls of the rare promenaders, an icy chill, are the

inalienable characteristics of the locality in which sits the first

court of the justice of France. Respect it, do as do those who frequent

it willingly or because of the necessities of the daily task, and issue

from these deserted galleries, speaking in an undertone, and with the

finger upon the lips, in order not to trouble the repose of its

inhabitants."

The Cour des Comptes, which sits in the Palais-Royal, ranks immediately

after the Cour de Cassation, and enjoys the same prerogatives. It is the

modern representative of the Chambres des Comptes of the old monarchy

and of the Commission de Comptabilité Nationale which replaced these

Chambres at the period of the Revolution. It was created by a law of

September 16, 1807, and constitutes at once an administrative tribunal

charged with the verification and examination of certain financial

accounts of the administration and an institution of the body-politic

intended, by its control over the financial measures of the

administration and other administrative accounts which it is not called

upon to examine, to advise the executive and legislative powers. It may

therefore be considered as the superintendent of the public fortune and

of its financial measures.

It consists of a first President, three Presidents of Chambres, eighteen

Conseillers Maîtres, twenty-four Conseillers Référendaires of the first

class, sixty of the second class, a Procureur général, fifteen Auditeurs

of the first class, ten of the second class, a Greffier en chef, etc.

The salaries of these officials are about the same as those of the Cour

de Cassation. The first President has the supreme direction of all the

deliberations of the court, as well as of the police and general

surveillance. The court is divided into three Chambres, having each a

President and six Conseillers Maîtres who alone have a voice in the

deliberations and constitute, themselves, the members of the

administrative tribunal sitting in judgment. The deliberations are not

public. The Presidents and Conseillers cannot be removed, and are placed

on the retired list, the Presidents and Maîtres at seventy-five years of

age, and the Référendaires at seventy years. The court addresses an

annual report to the chief of the State, in which it sets forth those

matters which, in the course of its examinations, have seemed to it

worthy of the attention of the government, and advocates those reforms

and ameliorations in the administration of the public finances which

have been suggested to it by its consideration of the various facts and

enactments.

The Cour d'Appel, at the Palais de Justice, includes in its jurisdiction

the departments of the Aube, Eure-et-Loir, Marne, Seine-et-Marne,

Seine-et-Oise, Yonne-et-Seine. In all cases, the decrees are rendered by

the magistrates deliberating, in groups of some odd number,--at least

five, including the President. In all civil and commercial cases, appeal

can be made from all decisions rendered by the tribunals of the

arrondissements or of commerce, by referees, judicial reports upon cases

in litigation in which the amount involved exceeds fifteen hundred

francs of injury to the person or to personal property, or sixty francs

of revenue from real estate.

This court is composed of a first President, nine Presidents of

Chambres, and sixty-two Conseillers, divided among nine Chambres, of

which seven decide upon civil and commercial appeals, one upon appeals

_Correctionnels_, and the ninth is the Chambre des Mises en Accusation,

before which are brought criminal cases after they have passed the stage

of preliminary examination. The Parquet connected with the Cour d'Appel

consists of the Procureur général, seven Avocats généraux, and eleven

Substituts of the Procureur général. The Cour d'Appel sits in judgment

as a court of first and last resort in all cases of misdemeanors,

involving a legal penalty, committed by the magistrates of the Cour de

Cassation, of the Cour d'Appel, of the Tribunal de Première Instance, by

the Juges de Paix, the Préfets, the Grand Officers of the Legion of

Honor, generals, archbishops, bishops, presidents of Consistoires in the

Protestant and Jewish organizations.

In each department of France there is a Cour d'Assises to try those

individuals who are sent before it by the Chambre des Mises en

Accusation of the Cour d'Appel. In the departments generally these

courts sit every three months, and more frequently if occasion requires.

The Cour d'Assises of the department of the Seine holds its sittings

every day, in the Palais de Justice. This court consists, first, of

three Conseillers of the Cour d'Appel, the first sitting as President,

the two others as Assesseurs, designated every three months, the

President by the Garde des Sceaux, the Assesseurs by the first

President; second, of a representative of the Ministère Public, selected

among the Avocats généraux or the Substitutes of the Procureur général;

third, of a Greffier; fourth, of a jury composed of twelve citizens

selected by lot by the President from the list of thirty-six _jures_

designated for the session. After the examination of the accused, the

depositions of the witnesses, the Réquisitoire of the Ministère Public

and the presentation of the defence, the jury retires to deliberate upon

the probable guilt of the prisoner and the extenuating circumstances.

When the jurors have agreed upon their verdict, the President causes the

prisoner to be brought back into court, the Greffier reads to him the

conclusion of the jury, and the court pronounces his acquittal, or

sentences him to the penalty due the crime of which he has just been

convicted, even when this penalty is only a matter of police regulation.

The decision of the jury is supposed to be final, but when a prisoner is

found guilty and the court is convinced that the jury is entirely in

error, it may set the judgment aside and postpone the case to another

session. Against the sentence of the court, appeal may be made to the

Cour de Cassation. The Cour d'Assises exercises full jurisdiction in all

cases criminal, _correctionnelle_, or of the _Simple Police_, excepting

in the case of some special law. It takes cognizance, moreover, of

actions qualified as crimes, of actions qualified as misdemeanors which

a special law places under its jurisdiction,--misdemeanors committed

during its sessions, political misdemeanors and those of the press,

excepting offences against the public morality and slander, or insults

offered to individuals, which all come before the Tribunal

Correctionnel.

[Illustration: SCENE IN A MAIRIE DURING THE PHYSICAL EXAMINATION OF

MILITARY CONSCRIPTS.

Paris, From the Earliest Period to the Present Day; Volume 2 · 第 30 / 60 题