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Exile as a Punishment Is Unknown Here Louis Malvy's Case in France Attracts World's Attention to Code Napoleon Penaljty How Great Britain Sometimes Sets Aside the Constitu tional Rights of Its Citizens THF. SUN. SUNDAY. AICIST 1. HtlS. B By F. CUNL1FFE-OWEN. AN'ISHMKNT, the punishment to which the Senate of France, sitting as a high court of justice, has condemned Louis Malvy for grosi malfeasance in office as a member of the Chamber of Deputies and as former Minister of the Interior, is a penalty so unfamiliar to the English speaking races and fosses; cs in their cars such a sound of lucdwvalism that sonic explanation concerning the matter may proe of interest. I'anUiimcnt is a puuUlinient tliat can not he found in the statutes either of the United Status or of the United Kingdom. True, the Governments of these two coun tries retain the right to expel from their territories undesirable aliens. Hut from the moment that a man becomes an Amer ican citizen or u citizen of Great lirit ain the Gocmmenls at Washington ind in London ceas.-' to hr.e the power .o de port him to any foreign land unless have cancelled his naturalization papers. One of the Cherished Rights. Among the mot cherished of conslitu tional prerogatives of the citizen of both these gnat Powers is the right to abide in his own country. Exile is a punish ment unknown to the common law of the United States and Great Britain in these modern times. Were it considered nec essary for the welfurc-of the nation to impose the penalty of banishment on any United States citizen native bom a special act of Congress would have to Irt! pased, precisely in the same way that a special act of "the Parliament would be needed to enable the English Crown to banish any of its subjects. In Great Britain the constitutional rights of the citizen arc so liberally con strued that although within the realm the sovereign may command the service of all his lieges, yet he e.innot send any one out of the realm, even upon public servie..", excepting soldiers and sailors. He actu ally may not send a citizen abroad in a diplomatic or consular capacity against his will, for this might be made a s; ecies of honorable exile. In Kroner, however, and in other con tinental countries, espeeiaVK- those where the Coil.; Napoleon constitutes the basis of law, banishment is retained as a pun ishment for crime, and is usually accom panied bv forfeiture of all civil lights. It is, in the words of the Code Napoleon, a peine infilmante. In the ease of Louis Mnlvy, however, he docs 'not suffer the forfeiture of his civil rights. Banishes Habitual Criminals. There are several crimes and felonies for which the French courts impose ban ishment, sometimes to follow imprison ment with hard labor and sometimes with out imprisonment. Habitual criminals are banished. In fact the French code secim to take the ground that there are a large number of persons belonging to the crimi nal classes whom it is more profitable to banish with what is known as civic degra dation than to maintain them in some French penitentiary or penal colony. Then there arc the crimes against the State, such as that of which Malvy ha? been convicted. Nineteen or twenty years ago the French Senate, sitting as a high court of justice, also condemned the late Paul De roulcde as well as the Comte de Lur Suluces and Andre Buffet to banishment after conviction of conspiracy to over throw the republic, but more especially because they weic proved to have dis obeved those particular clauses of the Penal Code-which prohibit citizens from instigating either fellow citizens or ser vants of the State to disobey orders of Government and laws of the land. These paragraphs arc 121 and 125 of the Penal Code, which provide that in extreme cases the penalty of death may he imposed. But their exile was not of long durations Their patriotism and their ardent love for France had never been questioned. Popu lar sentiment exacted their speedy am nesty as well as the full restoration of LOUIS MALVY. their civil rights, and. l)erouIcdc died on the cxe of the war, mounted by the entire nation irrespective of political party. Civic degradation entails the incapac ity to hold office, the loss of all decorations, medals, &c, the forfeiture of franchise, the inability to give legal tes timony, to act as guardian of minors or as executor of wills, as teacher in pub lic or private schools, to serve in the French army or navy, to bear arras even for sport, while it is only in the event of special permission being granted that an individual is permitted to retain pa rental rights. Li eases where civic degradation is accompanied by banishment the exile can claim no protection from the French coiiu!ar or diplomatic authorities abroad. Under existing statutes of the United States persons thus exiled could not Le permitted to land in America, being men condemned for felony. Nor is it likely that any other State would be willing to concede the rights of citizenship to men who have been turned out of their coun try for their country's good. I cannot sufficiently emphasize the fact the banishment of Malvy is not a legisla tive or political act, but a purely ju dicial one. At the outset of his trial a little group of Senators favorable to him endeavored to move in parliamen tary fashion the adjournment of the pro ceedings for three months. But old An tonin Dubost, former Minister of Justice as well as Keeper of the Great Seal of France and who has been president of the Stna'.o for twelve years or more, at once cut them thort by reminding them that the Senate was no longer sitting as the upper chamber of the national Legis lature but as a high court of justice. This was emphasized by the change in the appearance of the House. The fa miliar presidential platform had been re moved and its place taken by desks for the officials of the court, for the public prosecutor and for the two Advocates General, clad- in robes of . scarlet and ermine. President Dubost was seated at a, rainsl desk and directed the proceedings, while Malvy took his place on a seat on tho extreme left, where a prisoners' dock had been railed off from the rest of the chamber by brass stanchions and velvet cords. No sketch of the French laws of ban ishment, however brief, would be com plete without mention of the exile of the Duke of Orleans and Prince Victor Na poleon. Their banishment, unlike that of Malvy, carries with it no imputation of crime or stigma of infamy. Exile in their case is not due to the judgment of any tribunal, nor ha3 it-been imposed for any offence against tho law. They are banished by a special act of Parliament, passed just thirty years ago largely at the instance of Gen. Boulanger, and which for the sake of strengthening the much menaced republic decreed that the recog nized heads of the dynasties which have reigned in France should be exiled from French territory. That is to say, if Prince Victor Bona parte were suddenly to die to-d3y in Eng land, where he has been living with his wife, Princess Clementine of Belgium, since the Germans seized his palace at Brussels, his little fonr-ycar-old boy, Prince Louis Napoleon, at present free to visit or to reside in France with his mother, would at once become subject to the Parliamentary act of exile of 1883, and be banished from French territory. In 66 Value of Having: a Plain Signature T TijKE a man who writes a legible hand," said Mr. Blinkiuton, "and I should be inclined to trust a man who wrote his signature so plainly that it was unmistakably clear in cadi and every let ter. 'In the body of a letter you can often make out blind words by the context; but the signature has no context. It is 'true that you can sometimes compare blind letters in the signature with blind letters in words in the letter, which you can identify; but in these days of typewritten letters there may be no such guide and the signature may be quite unreadable. "The best letter of recommendation that I could receive for a young man would be one written by himself in which each and every word, including his signature, was absolutely legible and clear, the signature being of especial importance. An older man might perhaps be pardoned for slur ring Ins signature; a famous man might write a signature that was quite undeci pherable in itself but that was known because it was associated with him in the public mind; a rich man might write a signature that was more or less blind and yet that was clear enough at the bank where it was known; but a young man or a man publicly unknown should write his name so that it can be read. "An absolutely clear signature means that the writer of it likes his own name :;nd is ready to stand hack of it and that he wants you to know it without possi bility of mistake. "When 1 see a signature like that I feel that the writer of it is standing up like.a man and looking me fair and square in the eye. I feel that I know where to find him and that I can trust him. A young man could have very few characteristics of habits more helpful to him than that of writing an absolutely plain-signature."' the same way, if anything untoward were to happen to Philippe, Duke of Orleans, who is childless and the recognized head of the historic French dynasty of Bour bon, bis younger brother Ferdinand, Duke of Montpensier, a frequent visitor to America and a familiar figure in New York, would become, ipso facta, an exile from his native land. Otaer Cases Among Royalty. Much in the same way that the Duke of Orleans and Prince Victor Najiolcon are exiled from France, ex-King Manoel and his widowed mother, Queen Marie Amelie, have been banished from Portu gal. The late Don Carlos was forbidden to set his foot on Spanish territory, anil this prnl'ib.tion also extends to his son and l..:r, Don Jaime, Legitimist Pretender to the throne of Spain. Brazil has re fused to permit Prince Louis of Orleans Braganza, 'second son but heir of the ex-Crown Princess of Brazil, to set foot on Brazilian territory; and ex-Queen Natalie, until the beginning of the pres ent war, was barred from Serbia. In the sume way ex-King Constantine, his Ger man born consort, Sophia of Hohenzol Icm, and their eldest son, George, are banished by legislative act from Greece; while the ex-Kbedive Abba3 remains ex cluded from Egypt. Of course during the present war military and political conditions have led to a temporary suspension of civic rights. Thus, the English Government, by means of the Defence of the Realm act, and also by virtue of martial law, has not hesitated to deport from Ireland natives regarded as constituting an element of disorder. Indeed, out of Great Britain the Crown, - even in times of peace, is much less care ful about interfering with the constitu tional rights of the citizen. Thus Lord Milncr, while High Commissioner of Brit ish South Africa in 1904, ordered the ban ishment from all South Africa of the jate William T. Stead, editor of the London Rcritxc of Reviews, in consequence of the speeches which he had been delivering in Cape Colony, Natal and in the Transvaal, denouncing the Government. Shipped Labor Af itetors Away. In 1914 Gen. Botha, Premier of the Sonth African Union, arrested ten English labor leaders active in fomenting dis turbances and shipped them td England, , his vigorous measures meeting with gen eral approval. The Viceroy of India, in the same way, caused the expulsion from India of Wilfrid Scawen Blunt for using his prestige as a former member of the diplomatic service to encourage native Na tionalist agitators; and later Lord Cromer banished Blunt from Egypt for making trouble there. There arc other forms of banishment which differ, however, from those cited above, in that they are arbitrary and theo retically illegal. Thus there arc few Gov ernments that do not virtually impose the penalty of exile on persons guilty of crime by permitting them to leave the country on the understanding that they will be thrown into prison and subjected to public trial and conviction in the event of their return. They are, in one word, relieved of the legal stigma of a felon as long as they consent to remain abroad. It must be thoroughly understood, how ever, that this form of expatriation is unconstitutional, since the authorities have no right to concede immunity from penalties provided by the code nor to compound a felony by permitting a crimi nal to retain his liberty. Still another form of banishment is tliat to which the monarchs of Enrope subject those members of their family who happen to incur their displeasure. The Grand Dukes Paul Alexandrovitcb, Cyril Vladimirovitch and Michael Alex androvitch all suffered banishment from Kussia for marrying without the sanction of the Czar. And among others who have t i i i a . t j- - i : ocen uuujecicu w nival disciplinary measures have been the ex-Crown Princess nF S.iTonv. lier hmtlipr. the ex-Arcfcdufce Leopold of Atrin, and the disreputable sons of the late Prince Albert of Prussia.