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the penalties for which are defined in the in January, 1810. Its discussion occupied Code Pénal; and cours d'assise, already forty-one sittings of the Council of State. mentioned, from which there is an appeal of these sittings Napoleon attended only for informality or want of jurisdiction to one (21st January, 1809). Cambacérès the Court of Cassation. The cours spé- presided at all the rest. Napoleon was ciales, or exceptional courts, which Napo- therefore a stranger to its discussions ; he leon insisted upon having at his disposal, only expressed an opinion that the laws and which were often resorted to after the ought to be concise, and leave much latiRestoration, are abolished by Art. 54 of tude to the judges and the government in the Charte of 1830. These special courts the application of the penalty, because,' were assembled in cases of armed rebellion said he, ‘men had feelings of compassion against the authorities, and they also took unknown to the law. He insisted upon cognizance of the offence of coining, and the penalty of confiscation being retained of crimes committed by vagabonds and in certain cases, because most nations had convicts who have escaped, they were sanctioned it in cases of conspiracy, rebelcomposed of a president taken from among lion, and false coining. But the defini. the judges of the Cour Royale, four tion of crimes and offences, the nature of judges, and three military officers of the the penalties, and the mode of their applirank of captain or above. They tried cation, were the work of criminal jurists
, without jury, judged by majority and who were generally inclined to severity
, without appeal, and the sentence was and were well acquainted with the ideas executed within twenty-four hours. The of Napoleon, who was persuaded that Chamber of Peers, by virtue of Art. 28 criminal legislation ought to be very of the Charte, sits as a court of justice in rigorous in order to maintain order and matters of high treason and attempts support the authority of the government." against the safety of the State. On the (Thibaudeau, vol. viii. p. 3.). Hence the subject of the Code d’Instruction, Thibau- penalty of death was fixed' in numerous deau observes that it retained many of the cases, and those of perpetual imprisonameliorations introduced by the National ment, hard work, or transportation for Assembly, especially the publicity of trial life, in a still greater number. The pillory and the institution of the jury. "Its chief | is also one of the punishments. faults are, the great number of officers, If we look at book iii. ch. 1, which whose business it is to follow up offenders, treats of the crimes and offences against by which circumstance the citizens are the safety of the State (a term susceptible often exposed to vexatious interference; of indefinite and arbitrary application) the too great extent given to the jurisdic- | we find that the penalties of death and tion of the correctional courts, by which, confiscation are fixed very generally
; in many cases, the citizens are deprived Confiscation, however, has been abolished of the security of the jury; the restrictions by a law passed under Louis XVIII. By on the choice of jurors, which is too much the head “Des critiques, censures, ou proin the power of prefects and other local vocations contre l'autorité publique dans authorities; and, lastly, the frequent un discours pastoral,” any clergyman abuse of the power of the police, by which found guilty of having, in a pastoral its agents could issue warrants of arrest. charge, sermon, or other public address
, This last abuse is now corrected, or at spoken or printed, criticised or censured least greatly mitigated. Other provisions any act of the goveroment authorities
, is of the
Code d'Instruction, as well as of the subject to banishment, transportation, and Penal Code, have been also altered for even death, according to the consequences the better by the law of April 28, 1832, which have resulted from his act. The entitled “Modifications aux* Codes d'In- following head," Résistance, désobéissance, struction Criminelle et Pénal, which is et autres manquemens envers l'autorité foand at the end of the later collections of publique,” is equally severe. The article the French codes.
“ Delits commis par la voie d'écrits, images The Code Penal, or the laws that define ou gravures, distribués sans nom de l'au
: crimes and punishments, was completed | teur,” &c., concerns the press, which was
onder a strict censorship in Napoleon's | where there is a workhouse or depôt for time. Since the Restoration the censor- the poor is subject to from three to six ship has been abolished, and several laws months' imprisonment. In places and have been enacted to repress abuses of cantons where there is no depôt for the the press, especially in April and October, poor (which is the case in most rural dis1831. The last law on this subject was tricts of France), able-bodied beggars may promulgated in September, 1835, and con be imprisoned for a period of from one to sists of five heads : 1. Crimes, délits, et three months; and if arrested out of the contraventions. 2. Du gérant (editor) canton where they reside, they are imprides journaux ou écrits périodiques. 3. soned for a term of from six months to Des desseins, gravures, lithographies, et two years. By Art. 402, fraudulent bankemblêmes. 4. Des théâtres, et pièces de rupts may be punished by imprisonment théâtre. 5. De la poursuite et du juge- with hard labour, and bankrupts not ment. By the section of the Penal Code fraudulent are liable to imprisonment entitled - Des Associations ou Réunions from one month to two years. Fraudulent illicites," which continues in force to this brokers are condemned to hard work for day, every association of more than twenty a time. The law of France makes a wide persons for the purpose of meeting on distinction between native and foreign infixed days to discuss either political, reli- solvents. Foreigners not domiciled in gious, literary, or other subjects, is de France, having no commercial establishclared illegal, unless the approbation of ment or real property there, are liable to the government is obtained, which can double the period of imprisonment that a prescribe conditions and fix regulations at Frenchman is, but it must not exceed two its pleasure. The chiefs or directors of years for a debt less than 500 francs ; four any such illegal association are punished years for a higher sum under 1000 francs; by fine. If at the meetings of such assem- six under 3000 ; eight for less than 5000; blies there has been any provocation to and ten years for 5000 and upwards. crimes or délits, as defined in the other (Okey, Concise Digest of the Law, Usage, articles of the Penal Code, the chiefs or and Custom affecting the Commercial and directors and administrators are liable to Civil Intercourse of the Subjects of Great imprisonment from three months to two Britain and France. There is also a years, besides fine, although they them- useful epitome of the French law as it selves may not have been guilty of the affects British subjects in Galignani's offence. No individual can lend his house Paris Guide.) By the head “Violaor apartments for the meeting even of an tions des réglemens relatifs aux manuauthorized association, unless with the factures, au commerce, et aux arts,” any permission of the municipal authorities. coalition between masters to lower wages By a law which passed the Chambers in is punished by a fine of from 200 to 3000 April
, 1834, the above regulations have francs, besides imprisonment not exceedbeen made even more strict. Every mem- ing a month. Coalition among workmen, ber of an illegal association is liable to a followed by an attempt to stop the works fine of 1000 francs, and to imprisonment of a manufactory, is punished by imprifrom two months to one year. "Under the sonment of from one to three months ; heads “ Vagabondage” and “ Mendicité,” the leaders or originators of the coalition vagrants are defined to be all those who or attempt are subject to imprisonment have no fixed domicile nor means of sub- from two to five years. By Art. 417, sistence, and who do not follow habitually any one who, with the view of injuring any trade or profession. On the legal French industry, has removed to a foreign evidence of being such, they are con- country the workmen or clerks of a manudemned to an imprisonment of from three factory, may be imprisoned from six to six months, after which they are under months to two years, besides paying a fine the surveillance of the police for periods of from 50 to 300 francs. Art. 418: varying from six months to ten years. Any director, clerk, agent, or workman, With regard to mendicants or beggars
, of a manufactory, who communicates to my person found begging in a place foreigners or to Frenchmeu residing
abroad any secret of the fabric in which nish Prussia ; in the kingdom of Naples he is employed, is punished by a fine of with some few modifications; in the Cazfrom 500 to 20,000 francs, besides impri- ton of Geneva in Switzerland; and in sonment at the discretion of the court. Belgium. The commercial code and the Art. 421 : All wagers or bets upon the registry of mortgages have been adopted rise or fall of the public funds are punish- all over Italy. able by imprisonment from one month to For comments and strictures by Frenca one year, besides a fine of from 500 to jurists on the criminal laws of France, 10,000 francs. The offenders may after see Bérenger, De la Justice Criminelle en the expiration of their imprisonment be France, 1818; Dupin, Observations #27 placed by sentence of the court under the plusieurs points importans de notre Légissurveillance of the police from two to lation Criminelle ; and Bavoux, Leçons five years. This sentence, “ placed under préliminaires sur le Code Pénal, 1821. the surveillance of the high or govern There are in France more than 3000 ment police,” which is added at the end of judges, including those of the commercial numerous penalties, means that the person courts, besides 2846 juges de paix. The so placed is to give security for his good judges of the Tribunaux de Première leconduct; in default of which he is “at the stance have salaries varying from 2000 to disposal of government,” who may fix a 6000 francs; those of the Cours Royales, particular place for his residence. All from 3000 to 8000. The presidents and individuals who have undergone the vice-presidents receive more in propor: punishment of imprisonment and hard tion. The juges de paix receive about labour for a time, or that of banishment | 800 francs, besides certain fees. The or transportation, or those who have | various courts, magistrates, greffiers, &c. suffered a penalty for political crimes, are cost the state about fifteen millions of placed under the surveillance of the high francs annually. (Goldsmith, Statistics police for the rest of their lives.
of France, 1832.) The above extracts are sufficient to For a general view of the judiciary show the spirit in which the French cri- system of France, see Meyer, Esprit des minal code has been framed. It is, in institutions Judiciaires, last vol.; and fact, as harsh and illiberal in many of its Rey, Des Institutions Judiciaires de l'Asenactments as that of any absolute govern- gleterre comparées avec celles de France ment in Europe. In speaking therefore et de quelques autres Etats, 1826. of Napoleon's legislation, it is necessary CODIČIL. CODE; WILL.] to discriminate between the civil and the CODIFICATION. (LAW AND LEcriminal law; and again between the GISLATION.] laws themselves and the practice and COFFEE TRADE (French, Café; rules of proceeding in the courts. The German, Koffe, Koffebohnen ; Dutch, adoption of the French criminal code met Koffy, Koffebomen ; Italian, Caffe; with great opposition in Italy. At Milan Spanish, Café; Turkish, Chaube ; Swethe legislative body attempted to modify dish, Koffe ; Russian, Kofé). This and adapt it to the habits and wants of great branch of commerce has been the Italians. Two commissions were ap- wholly created since the beginning of the pointed by the minister of justice, one for eighteenth century.
Nearly all the the code of instruction, and the other for coffee which now comes to Europe is the the code pénal. Their reports were sent produce of trees propagated from a single to Paris, but were rejected by Napoleon, plant, which, having been raised from and an answer came with peremptory seed procured from Mocha in Arabia by orders to translate literally and enforce Van Hoorn, governor of Batavia, was the two French codes without any altera- sent by him to the botanical garden at tion. At Naples similar objections were Amsterdam, and the progeny of which also made, but with no better effect. was, in the year 1718, twenty years after (Colletta, Storia del Reame di Napoli, its reception from Java, seni to Suri
The French code is retained in Rhe. There is a table by Mr. M'Queen in
the appendix to the Parliamentary Re Of foreign coffee
2,126 lbs. port on the Produce of India, which pur East India
5,596,791 ports to show the quantity of coffee pro West India
17,696,129 duced in the various countries of its growth; but there scarcely exist accurate
The consumption having overtaken the data for such information, and the table supply of those kinds of coffee which in question is confessedly only, an ap-duty, had remained almost stationary
were admissable at the lowest rate of proximative estimate. The total tity of coffee produced in all countries is several years. At the end of 1835, therestated to be 359,000,000 lbs. (3,205,351 fore, the duty on East India coffee was cwts.. or 160,267 tons); but Ceylon, reduced to td. per lb.; and subsequently from which in 1844 we received 138,846 coffee, of whatever growth, if imported cwts., is not given in the table; and the from a British possession eastward of the total production of British India, from Cape of Good Hope, or from that place, which in 1841 we imported 15,896,624
was admitted at a duty of 9d. Practilbs., is set down at 6,245,000 lbs. The cally speaking, the duty on foreign coffee, declining production of coffee in the Bri- instead of being 1s. 3d. per lb., became only tish West Indies, though favoured by a
9d., to which id. must be added for the differential duty, rendered it necessary
cost of additional freight from the Cape to admit the coffee of some other region of Good Hope, whither it was sent for the on equally favourable terms, and in 1835 purpose of being transhipped for England East India coffee was admitted on the
at a duty of 9d. instead of ls. 3d., to same terms as West India. The imports which it would have been subject if imfrom the East Indies increased from ported direct. The quantity of coffee 5,182,856 lbs. in 1835 to 15,896,624 lbs. shipped for the Cape to be re-shipped for in 1841 ; and the coffee of Ceylon in this country at the 9d. duty was estimated creased from 1,870,143 lbs. in 1835 to in 1840 at 7080 tons from Europe, 5060 15,550,752 lbs. in 1844. From 1831 to
tons from the foreign West Indies, 5680 1834 the annual imports of British West
tons from Brazil, and 2030 tons from India coffee averaged above 21,000,000 Java ; and the additional cost upon this lbs.; and in 1841, 1842, and 1843, they quantity, in one way or other, amounted, did not reach 10,000,000 lbs. In 1843 according to Mr. Porter's calculation, to they were only 8,530,110 lbs.
177,0001. a year. He showed also that In 1824 the consumption of coffee in “the price of all the coffee used in this the United Kingdom was 8,262,943 lbs., country was increased to the consumer and the duties were
by 28s. per cwt., the difference of duty,
in addition to 138. 7d. per cwt., the exOn foreign coffee . 2s. 6d. per lb. pense of sending coffee from Europe to East India
the Cape and back.” This increased British West India 1 0
price amounted to 533,2271., but the duty In 1824 there was consumed
of 9d. per lb. was received only on about Of foreign coffee
half the quantity imported, and the addi1,540 lbs.
tional sum accruing to the Exchequer was East India
313,513 West India.
only 192,4161. 7,947,890
In 1840 the consumption was as folIn 1825 Mr. Huskisson reduced the lows :
Duty Foreign coffee to
Of East and West
1s. 3d. per Ib. East India
14,443,398 0s. 6d. West India 06
Foreign 14,143,438 0
77,504 1 3 The consequence was a rapid increase in the consumption, which in 1830 was By the tariff of 1842 the duties were 22,691,522 lbs. In 1835 there was con reduced to 8d. per lb. on foreign coffee, sumed
and 4d. on coffee from British possessions
On the 6th of June, 1844, the duty on The influence of high and low duties
Population Average contributed
Consumption per Head consumed. Plantatiou
1b. Ozs. d. 1801 750,861 1 6 10,942,646 0 1.09 it 1811 6,390,122 07 12,596,803 0 8.12 4 1821 7,327,283 1 0 14,391,631 0 8.01
6 1831 21,842,264 0 6 16,262,301 1
8 1841 27,298,322 0 6 18,532,335 1 7.55 10. The stock of coffee on hand in the fol For the year ending 5th Jan., 1845, lowing places, on the 1st of February, the consumption of coffee in the United 1845, was as under :
Kingdom was 31,394,225 lbs. (19,564,082 Stock. tious, 1844. British, and 11,830,143 foreigu); the cwts.
cwts. importations were-Holland 847,000 1,300,000 From British possessions 24,110,283 lbs. Antwerp 140,000 500,000
22,410,960 , Hamburg 175,000 620,000 Trieste
46,521,243 , Havre
31,000 230,000 Since 1835 we have been gradually England. 502,000 440,000
enlarging the sources of supply, and the
consequence has been increased importa1,752,000 3,222,000 tion and diminution of price. The shipments from these ports to one The quantity of coffee re-exported another are estimated at 350,000 cwts., from the United Kingdom in 1814 was which reduces the total importation to 6,306,000 lbs., all of which, with the ex: 2,972,000 cwts. This does not include ception of 155,703 Ibs., was foreign. Of the whole of the supply received in Eu 9,505,634 lbs. exported in 1842, Belgium rope. Sweden, for instance, in 1840 im- took 3,709,400 lbs.; Germany, 1,005,206 ported 2,519,986 lbs. from Brazi).
In | Ibs.;
Holland, 986,122 lbs. ; Italy, 926,279 1835, or within a year or two of that Ibs.; Turkey, 850,829 lbs.; and the redate, the imports into Bremen were mainder was sent in smaller quantities to 4500 cwts.; St. Petersburg, 2000 cwts. ; | thirty-one other countries. Denmark, 1400 cwts. ; Spain (from Cuba The price of coffee in London has been only), 1000 cwts.; Naples and Sicily, grau sally declining for several years, and 640 cwts.; Venice, 320 cwts.; Fiume, has fallen as follows per cwt. :-170 cwts. ; but in these last-mentioned
1839. places the imports were not wholly direct Jamaica, low middling and from the countries of production.
111 to 116 72 to 50 In the nine months ending June 30,
Ceylou, good ordinary
Mocha, ordinary to fine 110 1843, there were imported into the United Java
71 States of North America 92,295,660 lbs. Brazil, ordinary to fine
46 53 97 of coffee, valued at 6,346,787 dollars: the From the above statements it will be importation from Brazil was 49,515,666 seen that coffee is an article of the first lbs. ; from Cuba, 16,611,987; and from commercial importance, and in most Hayti, 10,811,288 lbs. The quantity of countries it is made to yield a consicoffee re-exported during the above period derable revenue. In Holland the duty was 6,378,994 lbs. There is no import is 38. 4d. per 100 lbs., and there is no duty on coffee in the United States. differential duty in favour of the Dutch