FRANCE. 
s|p 
ti e adminiftration defcend from the fub-prefefts to the 
mayors, who are appointed by the emperor. Eacii di'dricl: 
lias a primary judicial tribunal, and each department a 
criminal tribunal. Every three departments polhefs a tri¬ 
bunal of appeal, which takes cognizance, by appeal, of 
all the caufes determined by the tribunals of the didnfts 
under its jurifdidtion. Laflly, each canton has a juftice 
of the peace. All the tribunals of appeal acknowledge a 
Superior tribunal, called the court of cajfaticn , pofTeffing the 
power of annulling the fentences of the tribunals ot ap¬ 
peal which appear to it illegal, and of referring the exa¬ 
mination of tlie caufe to any other tribunal it {hall pleafe 
to appoint. All thefe judges are in a (late of abfolute 
dependence upon the government, and are difplaced or 
fuperfeded at pleafure. 
The Jpirit of the conflitution is dill derived from the 
grand fundamental principles of legidation laid down by 
the national alfembly on the 23d ot September 1789, ac¬ 
companied with a declaration of the “ Rights ot Men and 
of Citizens,”—all of w hich were received and recognized 
under the Solemnity of an oath by the unfortunate Louis 
XVT. on the 10th of July 1790, as condituting the Free 
Constitution of France. See p. 771—777. All the 
innovations which have fmce occurred, appear to be only 
different modifications of the fame fundamental principles, 
intended either to operate as a cure in cafes of defeft or 
insufficiency in the former provifional articles, or to lor- 
ward the views of fome ambitious party. Thus the new 
conflitution, as it was termed, of the 23d of Auguft 1795, 
was framed in order to remedy the defective parts of the 
conflitution of 1789, and to render it more confonant to 
the new order of tilings, which had taken place in confe- 
quence of the condemnation and execution of the king. 
See p. 81 2, 813. The other new forms or alterations which 
have taken place, appear to be calculated more for the 
purpofe of adapting the conflitution to the executive de¬ 
partments of the (late, than to vary the principles of na¬ 
tional legiflation and fecurity. The reader will readily 
perceive this to have been the cafe, by referring to pages 
790, 794, 798,. under Robefpierre ; 828, under Barras; 
844, under the confulate ; and p. 862, under the empire. 
The body of laws which has refulted from this new 
conflitution, has hitherto proved highly beneficial to the 
people; and their emancipation from the old fyftem of 
oppreflion, which was fhamefully exercifed by thofe put 
in authority under the crown, as well as under the church, 
has taught them to look with indifference on the dreadful 
devaflations and expence of blood which followed from 
the violent convulsions of the revolution ; nor to regard 
in whom fltall exifi the right of fuccedion, or on what 
• account the horrors of war fltall be continued, fo that 
their perfons are protefted in the facred enjoyment of their 
liberty, and their property Secured from the rapacity of 
flare plunderers and inquifitorial perfeentors; of which 
indeed they had endured their (hare:—of affliction, their 
cup was full. See p. 765, 766. To prevent in future this 
infamous fpecies of peculation, the new conflitution pro¬ 
vides entirely for the maintenance of its courts and offi¬ 
cers, both civil and ecclefiaflical, by adequate (diaries, 
without fubjefting the people to be fleeced by them. In 
the whole civil eflablifliment, there are no honorary offices 
whatever, except tiie mayors of incorporated cities and 
towns. For the prompt and impartial adminiftration of 
juflice, there are thirty courts of appeal, which are at¬ 
tended by near fix hundred fuperior judges; two thou- 
fand civil and criminal judges, and three thou (and fix 
hundred confervators of the peace, who receive entirely 
their remuneration from" the government ; and the ad: of 
demanding or receiving a fee, fubjefts them not only to 
a fevere penalty, but incapacitates them from ever after 
holding any office or place of trufl. 
Hence the operation of law is both fpeedy and exem¬ 
plary. Reafonable allowances are made to witneffes both 
for time and expences at the public charge—a lofs is not 
doubled by the colls of a profecution to recover it. In 
cafes of robbery, w here property found is detained for the 
fake of proof, it does not become the prey of official rapa¬ 
city, but an abfolute reflitution takes place to the rightful 
owners. The legiflature has, in many refpefts, copied 
the laws of England ; but it has Simplified the forms, and 
reftified many abufes which make proceedings in the Bri- 
tifli courts almoft as formidable to the profecutor as to 
the culprit. Having to compofe an entire new fyftem, 
and being unfhackled by profeffional reverence for prece¬ 
dents, they were at liberty to benefit by example, to re¬ 
ject thofe errors which have been long fanftioned by their 
antiquity in other countries, and are dill permitted to exifi 
through dread of innovation. The French, however, 
made an attempt to improve on the trial by jury, which 
only ferves to evince that the inflitution as adopted in 
England, is not to be excelled. The aecilion in France 
is given by ballot, unanimity is not required, three white 
balls are fufficient to acquit the prifoner. This deviation 
from the Englifh mode feems to give the rich an advan¬ 
tage over the poor. In the number of twelve men taken 
from any country, it will Sometimes happen that three 
maybe found corruptible: now the wealthy delinquent 
can avail himfelf of this human failing v'but the indigent 
have much lefs chance of efcaping by Such means. 
The abolition of the law of primogeniture, though the 
mod dlent in its operation, was one of the mod powerful 
which fupported the revolution, and increafed the general 
mafs of happinefs in the republic. While hereditary pro¬ 
perty was entailed by law upon the elder branch of a fa¬ 
mily, that branch was refpeftable ; but every other was 
reduced perhaps to a date of beggary. Thus the younger 
children are confcious that they owe the participation of 
the patrimonial fortune to the revolution, and are there¬ 
fore attached to it ; and thus among the riched does the 
dividon of half a million of revenue bring up eight fami¬ 
lies indead of one ; but how many hundred millions in 
the courfe of a year are thus benedted, from Similar dis¬ 
tributions of fortune and happinefs! A few years dnee 
the younger branches of thefe illudrious houfes would 
have been bille ed on the public fortune as prieds, or 
placemen, and the females would have been immured in 
Sepulchral cloiders. It appears in the enumeration made 
thirty years Since, that the number of both fexes in France, 
who had embraced the monadic life, amounted to more 
than oiie hundred thoufand, and the inferior clergy were 
almod equally numerous. Is agriculture, arts, commerce, 
or literature, benefited by Such idle promoters of religion, 
morality, and Social order? 
The temporal date of the clergy in France is now very 
different indeed from what it was in former times. They 
have in general few means of Support, over and above the 
Stipend allowed by the government, except fuch as are 
Supplied by the liberality of their refpeftive docks; Sup¬ 
plies Sometimes, efpecially in the country, equal to their 
wants, but far below their comforts. The date has been 
highly penurious with refpeft to this clafs of men, who 
have not only lod all by the new order of things, but 
have Suffered Something very nearly refembling persecu¬ 
tion. Under the old government the number of clergy was 
immenfe ! this reverend body confided of twenty arch- 
biihops, one hundred and fifty bidiops, and, as fome have 
calculated, four hundred thoufand inferior clergy. But 
this is evidently exaggerated, and mud have included 
clerks, choriders, beadles, lay-officers, and all the fervants 
of the church : the real clergy are fuppofed not to have 
amounted to more than one hundred and fifty thoufand. 
The prefent mitred clergy in France conlids of eleven 
archbifhops, and only fifty-eight bilhops; the inferior 
clergy are reduced in the (ante proportion ; and are pro¬ 
vided with falaries by the government, as particularized 
in p. 775. 
On the abolition of the Roman catholic religion under 
the tyranny of Robefpierre, the Scene of vice and immo¬ 
rality which pervaded all orders in the city and vicinity 
of Paris is Scarcely to be conceived; but in the country, 
though 
