give it the proper independence, and in general to implant in the people that respect for the law which ought to be the constant guide of all and every one from the highest to the lowest.”  These were not mere vain words.  Peremptory orders had been given that the great work should be undertaken without delay, and when the Emancipation question was being discussed in the Provincial Committees, the Council of State examined the question of judicial reform “from the historical, the theoretical, and the practical point of view,” and came to the conclusion that the existing organisation must be completely transformed.

The commission appointed to consider this important matter filed a lengthy indictment against the existing system, and pointed out no less than twenty-five radical defects.  To remove these it proposed that the judicial organisation should be completely separated from all other branches of the Administration; that the most ample publicity, with trial by jury in criminal cases, should be introduced into the tribunals; that Justice of Peace Courts should be created for petty affairs; and that the procedure in the ordinary courts should be greatly simplified.

These fundamental principles were published by Imperial command on September 29th, 1862—­a year and a half after the publication of the Emancipation Manifesto—­and on November 20th, 1864, the new legislation founded on these principles received the Imperial sanction.

Like most institutions erected on a tabula rasa, the new system is at once simple and symmetrical.  As a whole, the architecture of the edifice is decidedly French, but here and there we may detect unmistakable symptoms of English influence.  It is not, however, a servile copy of any older edifice; and it may be fairly said that, though every individual part has been fashioned according to a foreign model, the whole has a certain originality.

The lower part of the building in its original form was composed of two great sections, distinct from, and independent of, each other—­on the one hand the Justice of Peace Courts, and on the other the Regular Tribunals.  Both sections contained an Ordinary Court and a Court of Appeal.  The upper part of the building, covering equally both sections, was the Senate as Supreme Court of Revision (Cour de Cassation).

The distinctive character of the two independent sections may be detected at a glance.  The function of the Justice of Peace Courts is to decide petty cases that involve no abstruse legal principles, and to settle, if possible by conciliation, those petty conflicts and disputes which arise naturally in the relations of everyday life; the function of the Regular Tribunals is to take cognisance of those graver affairs in which the fortune or honour of individuals or families is more or less implicated, or in which the public tranquillity is seriously endangered.  The two kinds of courts were organised in accordance with these intended functions.