can temper the severity of the law, which, equal for all, ought in principle to be blind and to take no cognisance of particular cases. Inaccessible to pity, and heeding nothing but the text of the law, the judge in his professional severity would visit with the same penalty the burglar guilty of murder and the wretched girl whom poverty and her abandonment by her seducer have driven to infanticide. The jury, on the other hand, instinctively feels that the seduced girl is much less guilty than the seducer, who, however, is not touched by the law, and that she deserves every indulgence.
[25] The magistracy is, in point of fact, the only administration whose acts are under no control. In spite of all its revolutions, democratic France does not possess that right of habeas corpus of which England is so proud. We have banished all the tyrants, but have set up a magistrate in each city who disposes at will of the honour and liberty of the citizens. An insignificant juge d'instruction (an examining magistrate who has no exact counterpart in England.—Trans.), fresh from the university, possesses the revolting power of sending to prison at will persons of the most considerable standing, on a simple supposition on his part of their guilt, and without being obliged to justify his act to any one. Under the pretext of pursuing his investigation he can keep these persons in prison for six months or even a year, and free them at last without owing them either an indemnity or excuses. The warrant in France is the exact equivalent of the lettre de cachet, with this difference, that the latter, with the use of which the monarchy was so justly reproached, could only be resorted to by persons occupying a very high position, while the warrant is an instrument in the hands of a whole class of citizens which is far from passing for being very enlightened or very independent.
Being well acquainted with the psychology of castes, and also with the psychology of other categories of crowds, I do not perceive a single case