The History of a Crime by Victor Hugo (android pdf ebook reader txt) 📖
- Author: Victor Hugo
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Martin (of Strasbourg) was right, Justice always belongs to To-day.
Martin (of Strasbourg) added, "If you want a man for active work, I am at your service." M. Hardouin declined the offer; declared that he would not lose a moment, and begged Martin (of Strasbourg) to leave him to "confer" with his colleague, M. Pataille.
In fact, he called together the High Court for eleven o'clock, and it was settled that the meeting should take place in the Hall of the Library.
The Judges were punctual. At a quarter-past eleven they were all assembled. M. Pataille arrived the last.
They sat at the end of the great green table. They were alone in the Library.
There was no ceremonial. President Hardouin thus opened the debate: "Gentlemen, there is no need to explain the situation, we all know what it is."
Article 68 of the Constitution was imperative. It was necessary that the High Court should meet under penalty of high treason. They gained time, they swore themselves in, they appointed as Recorder of the High Court M. Bernard, Recorder of the Court of Cassation, and they sent to fetch him, and while waiting requested the librarian, M. Denevers, to hold his pen in readiness. They settled the time and place for an evening meeting. They talked of the conduct of the Constituent Martin (of Strasbourg), with which they were offended, regarding it almost as a nudge of the elbow given by Politics to Justice. They spoke a little of Socialism, of the Mountain, and of the Red Republic, and a little also of the judgment which they had to pronounce. They chatted, they told stories, they found fault, they speculated, they spun out the time.
What were they waiting for?
We have related what the Commissary of police was doing for his part in his department.
And, in reference to this design, when the accomplices of the coup d'état considered that the people in order to summon the High Court to do its duty, could invade the Palace of Justice, and that they would never look for it where it was assembled, they felt that this room had been excellently chosen. When, however, they considered that the police would also doubtless come to expel the High Court, and that perhaps they would not succeed in finding it, each one regretted to himself the choice of the room. They wished to hide the High Court, they had succeeded too well. It was grievous to think that perhaps when the police and the armed force should arrive, matters would have gone too far, and the High Court would be too deeply compromised.
They had appointed a Recorder, now they must organize a Court. A second step, more serious than the first.
The judges delayed, hoping that fortune would end by deciding on one side or the other, either for the Assembly or for the President, either against the coup d'état or for it, and that there might thus be a vanquished party, so that the High Court could then with all safety lay its hands upon somebody.
They lengthily argued the question, whether they should immediately decree the accusation of the President, or whether they should draw up a simple order of inquiry. The latter course was adopted.
They drew up a judgment, not the honest and outspoken judgment which was placarded by the efforts of the Representatives of the Left and published, in which are found these words of bad taste, Crime and High Treason; this judgment, a weapon of war, has never existed otherwise than as a projectile. Wisdom in a judge sometimes consists in drawing up a judgment which is not one, one of those judgments which has no binding force, in which everything is conditional; in which no one is incriminated, and nothing, is called by its right name. There are species of intermediate courses which allow of waiting and seeing; in delicate crises men who are in earnest must not inconsiderately mingle with possible events that bluntness which is called Justice. The High Court took advantage of this, it drew up a prudent judgment; this judgment is not known; it is published here for the first time. Here it is. It is a masterpiece of equivocal style:—
"The High Court of Justice.
"According to Article 68 of the Constitution, considering that
printed placards beginning with these words, 'The President of the
Republic' and ending with the signatures, 'Louis Napoléon Bonaparte'
and 'De Morny, Minister of the Interior,' the said placards ordaining
amongst other measures the dissolution of the National Assembly, have
been posted to-day on the walls of Paris, that this fact of the
dissolution of the National Assembly by the President of the Republic
would be of the nature to constitute the case provided for by Article
68 of the Constitution, and renders, in the terms of the aforesaid
article, the meeting of the High Court indispensable.
"It is declared that the High Court of Justice is organized, that it
appoints4 ... to fulfil with it the functions of the Public
Ministry; that M. Bernard, the Recorder of the Court of Cassation,
should fulfil the duties of Recorder, and in order to proceed
further, according to the terms of the aforesaid Article 68 of the
Constitution, the Court will adjourn until to-morrow, the 3d of
December, at noon.
"Drawn up and discussed in the Council Chamber, where were sitting
MM. Hardouin, president, Pataille, Moreau, Delapalme, and Cauchy,
judges, December 2, 1851."
The two Assistants, MM. Grandet and Quesnault, offered to sign the decree, but the President ruled that it would be more correct only to accept the signatures of the titular judges, the Assistants not being qualified when the Court was complete.
In the meantime it was one o'clock, the news began to spread through the palace that a decree of deposition against Louis Bonaparte had been drawn up by a part of the Assembly; one of the judges who had gone out during the debate, brought back this rumor to his colleagues. This coincided with an outburst of energy. The President observed that it would be to the purpose to appoint a Procureur-General.
There was a difficulty. Whom should they appoint? In all preceding trials they had always chosen for a Procureur-General at the High Court the Procureur-General at the Court of Appeal of Paris. Why should they introduce an innovation? They determined upon this Procureur-General of the Court of Appeal. This Procureur-General was at the time M. de Royer, who had been keeper of the Seals for M. Bonaparte. Thence a new difficulty and a long debate.
Would M. de Royer consent? M. Hardouin undertook to go and make the offer to him. He had only to cross the Mercière Gallery.
M. de Royer was in his study. The proposal greatly embarrassed him. He remained speechless from the shock. To accept was serious, to refuse was still more serious.
There was risk of treason. On the 2d December, an hour after noon, the coup d'état was still a crime. M. de Royer, not knowing whether the high treason would succeed, ventured to stigmatize the deed as such in private, and cast down his eyes with a noble shame before this violation of the laws which, three months later, numerous purple robes, including his own, endorsed with their oaths. But his indignation did not go to the extent of supporting the indictment. An indictment speaks aloud. M. de Royer as yet only murmured. He was perplexed.
M. Hardouin understood this state of conscience. Persistence would have been unreasonable. He withdrew.
He returned to the room where his colleagues were awaiting him.
In the meantime the Commissary of the Arsenal Police had come back.
He had ended by succeeding in "unearthing"—such was his expression—the High Court. He penetrated as far as the Council Chamber of the Civil Chamber; at that moment he had still no other escort than the few police agents of the morning. A boy was passing by. The Commissary asked him the whereabouts of the High Court. "The High Court?" answered the boy; "what is that?" Nevertheless the boy told the Librarian, who came up. A few words were exchanged between M. Denevers and the Commissary.
"What are you asking for?"
"The High Court."
"Who are you?"
"I want the high Court."
"It is in session."
"Where is it sitting?"
"Here."
And the Librarian pointed to the door.
"Very well," said the Commissary.
He did not add another word, and returned into the Mercière Gallery.
We have just said that he was only accompanied at that time by a few police agents.
The High Court was, in truth, in session. The President was relating to the judges his visit to the Procureur General. Suddenly a tumultuous sound of footsteps is heard in the lobby which leads from the Council Chamber to the room where they were deliberating. The door opens abruptly. Bayonets appear, and in the midst of the bayonets a man in a buttoned-up overcoat, with a tricolored sash upon his coat.
The magistrates stare, stupefied.
"Gentlemen," said the man, "dissolve your meeting immediately."
President Hardouin rises.
"What does this mean? Who are you? Are you aware to whom you are speaking?"
"I am aware. You are the High Court, and I am the Commissary of the Police."
"Well, then?"
"Be off."
There were there thirty-five municipal guards, commanded by a lieutenant, and with a drum at their head.
"But——" said the President.
The Commissary interrupted him with these words, which are literally given,—
"Mr. President, I am not going to enter upon an oratorical combat with you. I have my orders, and I transmit them to you. Obey."
"Whom?"
"The Prefect of Police."
The President asked this strange question, which implied the acceptance of an order,—
"Have you a warrant?"
The Commissary answered,—
"Yes."
And he handed a paper to the President.
The judges turned pale.
The President unfolded the paper; M. Cauchy put his head over M. Hardouin's shoulder. The President read but,—
"You are ordered to dissolve the High Court, and, in case of refusal, to arrest MM. Béranger, Rocher, De Boissieux, Pataille, and Hello."
And, turning towards the judges, the President added,—
"Signed, Maupas."
Then, addressing himself to the Commissary, he resumed,—
"There is some mistake, these are not our names. MM. Béranger, Rocher, and De Boissieux have served their time and are no longer judges of the High Court; as for M. Hello, he is dead."
The High Court, in reality, was temporary and renewable; the coup d'état overthrew the Constitution, but did not understand it. The warrant signed "Maupas" was applicable to the preceding High Court. The coup d'état had been misled by an old list. Such is the heedlessness of assassins.
"Mr. Commissary of Police," continued the President, "you see that these names are not ours."
"That does not matter to me," replied the Commissary. "Whether this warrant does or does not apply to you, disperse, or I shall arrest all of you."
And he added,—
"At once."
The judges were silenced; one of them picked up from the table a loose sheet of paper, which was the judgment they had drawn up, and put the paper in his pocket.
Then they went away.
The Commissary pointed to the door where the bayonets were, and said,—
"That way."
They went out by the lobby between two ranks of soldiers. The detachment of Republican Guards escorted them as far as the St. Louis Gallery.
There they set them free; their heads bowed down.
It was about three o'clock.
While these events were taking place in the Library, close by, in the former great Chamber of the Parliament, the Court of Cassation was sitting in judgment as usual, without noticing what was happening so near at hand. It would appear, then, that the police exhaled no odor.
Let us at once have done with this High Court.
In the evening at half-past seven the seven judges met together at
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