We came into a large hall divided into tiers crowded with people who seemed altogether French.
The British arms were painted in full size on the end of the hall. Beneath them was the judge in robes and
bands. The lawyers were ranked in front of him.
When we came into the hall a slander action was in progress. It was a question of fining a man
who
had called another pendard (gallows-bird) and crasseux (stinker). The lawyer argued in English. Pendard,
he said, pronouncing the word with a thoroughly English accent, "meant a man who had been hanged."
No, the judge solemnly intervened, but who ought to be. At that, counsel for the defense got up
indignantly and argued his case in French: his adversary answered in English.
The argument waxed hot on both sides in English, no doubt without their understanding each other
perfectly. From time to time the Englishman forced himself to put his argument in French so as to follow
his adversary more closely; the other did the same sometimes. The judge, sometimes speaking French,
sometimes English, endeavored to keep order. The crier of the court called for "silence" giving the word
alternatively its English and its French pronunciation.
Calm re-established, witnesses were heard. Some kissed the silver Christ on the Bible and swore
in
French to tell the truth, the others swore the same oath in English and, as Protestants, kissed the other
side of the Bible which was undecorated. The customs of Normandy were cited, reliance placed on
Denisart, and mention was made of the decrees of the Parliament of Paris and statutes of the reign of
George III. After that the judge: "Granted that the word crasseux implies that a man is without morality,
ill-behaved and dishonorable, I order the defendant to pay a fine of ten louis or ten pounds sterling."
The lawyers I saw there, who are said to be the best in Quebec, gave no proof of talent either in
the substance or in the manner of what they said. They were conspicuously lacking in distinction,
speaking French with a middle class Norman accent. Their style is vulgar and mixed with odd idioms and
English phrases. They say that a man is charge of ten louis meaning that he is asked to pay ten louis. Entrez dan
la boite, they shout to a witness, meaning that he should take his place in the witness-box.
There is something odd, incoherent, even burlesque in the whole picture. But at the bottom the impression made was one of sadness. Never have I felt more convinced than when coming out from
there, that the greatest and most irremediable ill for a people is to be conquered.
(Tocqueville, p. 188)
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