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Subject Area: Political Theory

“ The High Court of Justice, - Alexis de Tocqueville, Memoir, Letters, and Remains of Alexis de Tocqueville, vol. 2 [1861]

Edition used:

Memoir, Letters, and Remains of Alexis de Tocqueville. Translated from the French by the translator of Napoleon’s Correspondence with King Joseph. With large Additions. In Two Volumes (London: Macamillan, 1861). 2 vols.

Part of: Memoir, Letters, and Remains of Alexis de Tocqueville, 2 vols.

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The High Court of Justice,

“Considering the 68th Article of the Constitution, considering that printed placards commencing with the words ‘the President of the Republic,’ and bearing at the end the signatures of Louis Napoleon Bonaparte and De Morny, Minister of the Interior, which placards announce, among other things, the dissolution of the National Assembly, have this day been affixed to the walls of Paris; that this fact of the dissolution of the Assembly by the President of the Republic would fall under the case provided for by the 68th Article of the Constitution, and render the convocation of the High Court of Justice imperative, by the terms of that article declares, that the High Court is constituted, and names M. Renouard, counsellor of the Court of Cassation, to fill the duties of public accuser, and to fill those of Greffier M. Bernard, Greffier in Chief of the Court of Cassation; and, to proceed further in pursuance of the terms of the said 68th Article of the Constitution, adjourns until to-morrow, the 3d of December, at the hour of noon.

“Done and deliberated in the Council Chamber. Present, M. Hardouin, president, M. Pataille, M. Moreau, M. de la Palme, and M. Cauchy, judges, this 2d day of December, 1851.”

After this textual extract from the Minutes of the High Court of Justice there is the following entry—

“1. A procès-verbal stating the arrival of a Commissaire de Police, who called upon the High Court to separate.

“2. A procès-verbal of a second sitting held on the morrow, the 3d day of December (when the Assembly was in prison), at which M. Renouard accepts the functions of public prosecutor, charged to proceed against Louis Napoleon, after which the High Court, being no longer able to sit, adjourned to a day to be fixed hereafter.”

With these extracts from the judicial records I terminate this communication.