"Whereas, however blamable _the conduct of Verney has been in this affair_, the Court cannot see in that portion of the letter, the offence of inciting to hatred and contempt of the Government, since the order by which force was to be employed to prevent the judges from taking their seats who had refused to take the oaths, did not emanate from the Government;

"Whereas there is no ground, therefore, for applying to him the penal code;

"For these reasons,

"Confirms the judgment without costs."

The Court of Appeal at Rouen has for its first President, M.

Franck-Carre, formerly procureur-general to the Court of Peers in the prosecution at Boulogne; the same who addressed to M. Louis Bonaparte these words: "You have caused corruption to be employed and money to be distributed to buy treason."

With this oath one journeys from surprise to surprise. Nicolet was but a b.o.o.by compared to M. Bonaparte. When M. Bonaparte had had the circuit made of his valets, his accomplices, and his victims, and had pocketed all their oaths, he turned good-naturedly to the valiant chiefs of the African army, and "spoke to them nearly in these words:" "By the bye, you are aware I caused you to be arrested at night, by my men, when you were in your beds; my spies broke into your domiciles, sword in hand; I have in fact decorated them for that feat of arms; I caused you to be threatened with the gag if you uttered a cry; my agents took you by the collar; I have had you placed in a felon's cell at Mazas, and in my own dungeon at Ham; your hands still bear the marks of the cords with which I bound you. Bonjour, messieurs, may G.o.d have you in his keeping; swear fealty to me." Changarnier fixed his eyes upon him, and made answer: "No, traitor!" Bedeau replied: "No, forger!" Lamoriciere replied: "No, perjurer!" Leflo answered: "No, bandit!" Charras struck him in the face.

At this moment M. Bonaparte's face is red, not from shame, but from the blow.

There is one other variety of the oath. In the fortresses, in the prisons, in the hulks, in the jails of Africa, there are thousands of prisoners. Who are those prisoners? We have said,--republicans, patriots, soldiers of the law, innocent men, martyrs. Their sufferings have already been proclaimed by generous voices, and one has a glimpse of the truth. In our special volume on the 2nd of December, it shall be our task to tear asunder the veil. Do you wish to know what is taking place?--Sometimes, when endurance is at an end and strength exhausted, bending beneath the weight of misery, without shoes, without bread, without clothing, without a shirt, consumed by fever, devoured by vermin, poor artisans torn from their workshops, poor husbandmen forcibly taken from the plough, weeping for a wife, a mother, children, a family widowed or orphaned, also without bread and perhaps without shelter, overdone, ill, dying, despairing,--some of these wretched beings succ.u.mb, and consent to "ask for pardon!" Then a letter is presented for their signature, all written and addressed: "To Monseigneur le Prince-President." We give publicity to this letter, as Sieur Quentin Bauchart avows it.

"I, the undersigned, declare upon my honour, that I accept _most thankfully_ the pardon offered me by Prince Louis-Napoleon, and I engage never to become a member of any secret society, to respect the law, and be _faithful_ to the Government that the country has chosen by the votes of the 20th and 21st of December, 1851."

Let not the meaning of this grave performance be misunderstood. This is not clemency granted, it is clemency implored. This formula: "Ask us for your pardon," means: "Grant us our pardon." The murderer, leaning over his victim and with his knife raised, cries: "I have waylaid you, seized you, hurled you to the earth, despoiled and robbed you, pa.s.sed my knife through your body, and now you are under my feet, your blood is oozing from twenty wounds; _say you repent_, and I will not finish you." This _repentance_ exacted by a criminal from an innocent man, is nothing else than the outward form which his inward remorse a.s.sumes.

He fancies that he is thus safeguarded against his own criminality.

Whatever expedient he may adopt to deaden his feelings, although he may be for ever ringing in his own ears the seven million five hundred thousand little bells of his plebiscite, the man of the _coup d'etat_ reflects at times; he catches vague glimpses of a tomorrow, and struggles against the inevitable future. He must have legal purgation, discharge, release from custody, quittance. He exacts it from the vanquished, and at need puts them to the torture, to obtain it. Louis Bonaparte knows that there exists, in the conscience of every prisoner, of every exile, of every man proscribed, a tribunal, and that that tribunal is beginning his prosecution; he trembles, the executioner feels a secret dread of his victim; and, under pretext of a pardon accorded by him to that victim, he forces his judges to sign his acquittal.

Thus he hopes to deceive France, which, too, is a living conscience and a watchful tribunal; and that when the hour for pa.s.sing sentence shall strike, seeing that he has been absolved by his victims, she will pardon him. He deceives himself. Let him cut a hole in the wall on another side, he will not escape through that one.

V

THE 5TH OF APRIL, 1852

On the 5th of April, 1852, this is what was witnessed at the Tuileries.

About eight in the evening, the ante-chamber was filled with men in scarlet robes, grave and majestic, speaking with subdued voices, holding in their hands black velvet caps, bedecked with gold lace; most of them were white-haired. These were the presidents and councillors of the Court of Ca.s.sation, the first presidents of the Courts of Appeal, and the procureurs-general: all the superior magistracy of France.

These persons were kept waiting in the ante-chamber. An aide-de-camp ushered them in and left them there. A quarter of an hour pa.s.sed, half an hour, an hour; they wandered up and down the room, conversing, looking at their watches, awaiting the ringing of the bell. After more than an hour of tedious waiting they perceived that they had not even chairs to sit upon. One of them, M. Troplong, went to another room where the footmen were, and complained. A chair was brought him. At last a folding-door was thrown open; they rushed pell-mell into a salon. There a man in a black coat was standing with his back against the chimney-piece. What errand summoned these men in red robes to this man in a black coat? They came to tender him their oaths. The man was M. Bonaparte. He nodded, and, in return, they bowed to the ground, as is meet. In front of M. Bonaparte, at a short distance, stood his chancellor, M. Abbattucci, late a liberal deputy, now Minister of Justice to the _coup d'etat_. The ceremony began. M. Abbattucci delivered a discourse, and M. Bonaparte made a speech. The Prince drawled a few contemptuous words, looking at the carpet; he spoke of his "legitimacy;" after which the magistrates took the oath. Each in turn raised his hand. While they were swearing, M. Bonaparte, his back half turned to them, laughed and chatted with his aides-de-camp, who were grouped behind him. When it was over he quite turned his back upon them, and they departed, shaking their heads, humbled and ashamed, not for having done a base deed, but because they had had no chairs in the ante-chamber.

As they were departing, the following dialogue was overheard:--"That,"

said one of them, "was an oath it was necessary to take." "And," said another, "which it will be necessary to keep." "Yes," said a third, "like the master of the house."

All this is pure servility. Let us proceed.

Among these first presidents who swore fidelity to Louis Bonaparte, were a certain number of former peers of France, who, as such, had pa.s.sed upon Louis Bonaparte the sentence of perpetual imprisonment.

But why should we look back so far? Let us still proceed; here is something even better. Among these magistrates, there were seven individuals, by name, Hardouin, Moreau, Pataille, Cauchy, Delapalme, Grandet, and Quesnault. Prior to the 2nd of December these seven men composed the High Court of Justice; the first, Hardouin, was president, the last two, deputy-presidents, the other four, judges. These men had received and accepted from the Const.i.tution of 1848 a mandate thus conceived:--

"Article 68. Every measure by which the President of the Republic shall dissolve the National a.s.sembly, prorogue it or impede the performance of its decrees, is high treason.

"The judges of the High Court shall thereupon immediately a.s.semble, under penalty of forfeiture; they shall convoke the jurors in such place as they shall appoint, to proceed to the trial of the President and his accomplices; they shall themselves appoint magistrates to perform the functions of the national administration."

On the 2nd of December, in the face of the flagrant felony, they had begun the trial, and appointed a procureur-general, M. Renouard, who had accepted the office, to proceed against Louis Bonaparte on the charge of high treason. Let us add the name of Renouard to the seven.

On the 5th of April, they were, all eight, present in the antechamber of Louis Bonaparte; we have just seen what was their business there.

Here it is impossible not to pause.

There are certain melancholy thoughts upon which one must have the strength to insist; there are sinks of ignominy we must have the courage to sound.

Cast your eyes upon that man. He was born at hazard, by misfortune, in a hovel, in a cellar, in a cave, no one knows where, no one knows of whom. He came out of the dust to fall into the mire. He had only so much father and mother as was necessary for his birth, after which all shrank from him. He has crawled on as best he could. He grew up bare-footed, bare-headed, in rags, with no idea why he was living. He can neither read nor write, nor does he know that there are laws above him; he scarcely knows there is a heaven. He has no home, no family, no creed, no book. He is a blind soul. His intellect has never opened, for intellect opens only to light as flowers open only to the day, and he dwells in the dark. However, he must eat. Society has made him a brute beast, hunger makes him a wild beast. He lies in wait for travellers on the outskirts of a wood, and robs them of their purses. He is caught, and sent to the galleys. So far, so good.

Now look at this other man; it is no longer the red cap, it is the red robe. He believes in G.o.d, reads Nicole, is a Jansenist, devout, goes to confession, takes the sacrament. He is well born, as they say, wants nothing, nor has ever wanted anything; his parents have lavished everything on his youth--trouble, instruction, advice, Greek and Latin, masters in every science. He is a grave and scrupulous personage; therefore he has been made a magistrate. Seeing this man pa.s.s his days in meditating upon all the great texts, both sacred and profane; in the study of the law, in the practice of religion, in the contemplation of the just and unjust, society placed in his keeping all that it holds most august, most venerable--the book of the law. It made him a judge, and the punisher of treason. It said to him: "A day may come, an hour may strike, when the chief by physical force shall trample under his foot both the law and the rights of man; then you, man of justice, you will arise, and smite with your rod the man of power."--For that purpose, and in expectation of that perilous and supreme day, it lavishes wealth upon him, and clothes him in purple and ermine. That day arrives, that hour, unique, pitiless, and solemn, that supreme hour of duty; the man in the red gown begins to stutter the words of the law; suddenly he perceives that it is not the cause of justice that prevails, but that treason carries the day. Whereupon he, the man who has pa.s.sed his life in imbuing himself with the pure and holy light of the law, that man who is nothing unless he be the contemner of unmerited success, that lettered, scrupulous, religious man, that judge in whose keeping the law has been placed, and, in some sort, the conscience of the state, turns towards triumphant perjury, and with the same lips, the same voice in which, if this traitor had been vanquished, he would have said:

"Criminal, I sentence you to the galleys," he says:

"Monseigneur, I swear fealty to you."

Now take a balance, place in one scale the judge, in the other the felon, and tell me which side kicks the beam.

VI

EVERYWHERE THE OATH

Such are the things we have beheld in France, on the occasion of the oath to M. Bonaparte. Men have sworn here, there, everywhere; at Paris, in the provinces, in the north, in the south, in the cast, and in the west. There was in France, during a whole month, a tableau of hands raised, of arms outstretched, and the final chorus was: "We swear,"

etc. The ministers placed their oaths in the hands of the President, the prefects in those of ministers, and the mob in those of the prefects. What does M. Bonaparte do with all these oaths? Is he making a collection of them? Where does he put them? It has been remarked that none but unpaid functionaries have refused the oath, the councillors-general, for instance. The fact is, that the oath has been taken to the budget. We heard on the 29th of March a senator exclaim, in a loud voice, against the omission of his name, which was, so to speak, vicarious modesty. M. Sibour, Archbishop of Paris swore;[1] M.

Frank Carre, procureur-general to the Court of Peers in the affair of Boulogne, swore;[2] M. Dupin, President of the National a.s.sembly on the 2nd of December, swore[3]--O, my G.o.d! it is enough to make one wring one's hands for shame. An oath, however, is a sacred obligation.

[1] As Senator.

[2] As First President of the Court of Appeal at Rouen.

[3] As a member of his Munic.i.p.al Council.

The man who takes an oath ceases to be a man, he becomes an altar, upon which G.o.d descends. Man, that infirmity, that shadow, that atom, that grain of sand, that drop of water, that tear dropped from the eye of destiny; man, so little, so weak, so uncertain, so ignorant, so restless; man, who lives in trouble and in doubt, knowing little of yesterday, and nothing of to-morrow, seeing just enough of his road to place his foot before him, and then nothing but darkness; who trembles if he looks forward, is sad if he looks back; man, enveloped in those immensities and those obscurities, time, s.p.a.ce, and being, and lost in them; having an abyss within him, his soul; and an abyss without, heaven; man, who at certain hours bows his head with a sacred horror, under every force of nature, under the roar of the sea, under the rustling of the trees, under the shadow of the mountain, under the twinkling of the stars; man, who can not lift his head by day, without being blinded by the light, nor by night, without being crushed by the infinite; man, who knows nothing, who sees nothing, who hears nothing, who may be swept away to-morrow, to-day, now, by the waves that pa.s.s, by the breeze that blows, by the pebble that falls, by the hour that strikes; on a certain day, man, that trembling, stumbling being, the plaything of chance and of the pa.s.sing moment, rises suddenly before the riddle that is called human life, feels that there is within him something greater than this abyss,--honour! something stronger than fatality,--virtue! something more mysterious than the unknown,--faith!

and alone, feeble and naked, he says to all this formidable mystery that envelopes him: "Do with me what you will, but I will do this, and I will not do that;" and proud, tranquil, serene, creating by a word a fixed point in the sombre instability that fills the horizon, as the mariner casts his anchor in the sea, he casts his oath into the future.

O plighted oath! admirable confidence of the just man in himself!

Sublime permission given by G.o.d to man, to affirm! It is all over.

There are no more of them. Another of the soul's splendours that has vanished!

BOOK VIII

PROGRESS CONTAINED IN THE COUP D'eTAT