THE ABSOLUTION: SECOND PHASE: THE OATH
CHAPTER I
FOR AN OATH, AN OATH AND A HALF
What is Louis Bonaparte? He is
perjury personified; he is mental reservation incarnate,
felony in flesh and bone; he is a false oath wearing
a general’s hat, and calling himself Monseigneur.
Well! what is it that he demands of
France, this man-ambuscade? An oath.
An oath!
Indeed, after the 20th of December,
1848, and the 2nd of December, 1851, after the inviolate
representatives of the people had been arrested and
hunted down; after the confiscation of the Republic,
after the coup d’etat, one might have
expected from this malefactor an honest cynical laugh
at the oath, and that this Sbrigani would say to France:
“Oh, yes! it is true! I did pledge my word
of honour. It is very funny. Let us say
no more about such nonsense.”
Not so: he requires an oath.
And so, mayors, gendarmes,
judges, spies, prefects, generals, sergents-de-ville,
gardes champêtres, commissaries of police,
magistrates, office-holders, Senators, Councillors
of State, legislators, clerks, it is said, it is his
will, this idea has passed through his head, he will
have it so, it is his good pleasure; lose no time,
start off, you to the registrar, you to a confessional,
you under the eye of your brigadier, you to the minister,
you, Senators, to the Tuileries, to the salon of the
marshals, you, spies, to the prefecture of police,
you, first presidents and solicitors-general to M.
Bonaparte’s ante-chamber; hasten in carriages,
on foot, on horseback, in gown, in scarf, in court
dress, in uniform, gold-laced, bespangled, embroidered,
beplumed, with cap on head, ruff at the neck, sash
around the waist, and sword by the side; place yourselves,
some before the plaster bust, others before the man
himself; very good, there you are, all of you, none
are missing; look him well in the face, reflect, search
your conscience, your loyalty, your decency, your religion;
take off your glove, raise your hand, and take oath
to his perjury, swear fealty to his treason.
Have you done it? Yes! Ah, what a precious
farce!
So Louis Bonaparte takes the oath
au serieux. True, he believes in my word,
in yours, in ours, in theirs; he believes everybody’s
word but his own. He demands that everybody about
him shall swear, and he orders them to be loyal.
It pleases Messalina to be surrounded by virgins.
Capital!
He requires all to be honourable;
you must understand this, Saint-Arnaud, and you, Maupas,
must look upon it as final.
But let us sift things to the bottom;
there are oaths and oaths. The oath which freely,
solemnly, before the face of God and man, having received
a note of confidence from 6,000,000 of citizens, one
swears before the National Assembly, to the constitution
of his country, to the law, to the people, and to
France, that is nothing, it is not binding, one can
trifle with it, laugh at it, and some fine day trample
it under foot; but the oath that one swears before
the cannon’s mouth, at the sword’s point,
under the eye of the police, in order to retain the
employment that gives one food, to preserve the rank
which is one’s property; the oath which, to
save one’s daily bread and that of one’s
children, one swears to a villain, a rebel, the violator
of the laws, the slaughterer of the Republic, a fugitive
from every court, the man who himself has broken his
oath oh! that oath is sacred! Let us
not jest.
The oath that we take on the 2nd of
December, nephew of the 18th Brumaire, is sacrosanct!
What I admire most is its ineptitude.
To receive as so much ready money and coin of good
alloy, all those “I swear” of the official
commons; not even to think that every scruple has
been overcome, and that there cannot be in them all
one single word of pure metal! He is both a prince
and a traitor! To set the example from the summit
of the State, and to imagine that it will not be followed!
To sow lead, and expect to reap gold! Not even
to perceive that, in such a case, every conscience
will model itself on the conscience at the summit,
and that the perjury of the prince transmutes all
oaths into counterfeit coin.
CHAPTER II
DIFFERENCE IN PRICE
And from whom, then, are oaths required?
From that prefect? he has betrayed the state.
From that general? he has betrayed his colours.
From that magistrate? he has betrayed the law.
From all these office-holders? they have betrayed
the Republic. A strange thing, and calculated
to make the philosopher reflect, is this heap of traitors
from which comes this heap of oaths!
Let us, then, dwell upon this charming
feature of the 2nd of December:
M. Bonaparte Louis believes in men’s
oaths! he believes in the oaths that one takes to
him! When M. Rouher takes off his glove, and says,
“I swear;” when M. Suin takes off his
glove, and says, “I swear;” when M. Troplong
places his hand upon his breast, on that spot where
is placed the third button of a senator, and the heart
of other men, and says, “I swear,” M.
Bonaparte feels tears in his eyes; deeply moved, he
foots up all these loyalties, and contemplates all
these creatures with profound emotion. He trusts!
he believes! Oh, abyss of candour! Really,
the innocence of rogues sometimes elicits the wonder
of honest men.
One thing, however, must astonish
the kindly-disposed observer and vex him a little;
that is, the capricious and disproportionate manner
in which oaths are paid for, the inequality of the
prices that M. Bonaparte places on this commodity.
For example, M. Vidocq, if he were still chief of
police, would receive six thousand francs per annum,
M. Baroche receives eighty thousand. It follows,
then, that the oath of M. Vidocq would bring him in
but 16 francs 66 centimes per day, while
the oath of M. Baroche brings him in 222 francs
22 centimes. This is evidently unjust; why
such a difference? An oath is an oath; an oath
consists of a glove removed and six letters. How
much more is there in M. Baroche’s oath than
in M. Vidocq’s?
You will tell me that it is owing
to the difference of their functions; that M. Baroche
presides in the Council of State, and that M. Vidocq
would be merely the chief of police. My answer
is, that it is but chance; that probably M. Baroche
might excel in directing the police, and that M. Vidocq
might very well be President of the Council of State.
This is no reason.
Are there then several sorts of oaths?
Is it the same as with masses? Are there, in
this business also, masses at forty sous, and
masses at ten sous, which latter, as the priest
said, are but “rubbish?” Does the quality
of the oath vary with the price? Are there in
this commodity of the oath, superfine, extra-fine,
fine, and half-fine? Are some oaths better than
others? Are they more durable, less adulterated
with tow and cotton, better dyed? Are there new
oaths, still unused, oaths worn at the knees, patched
oaths and ragged oaths? Is there any choice?
Let us know it. The thing is worth while.
It is we who pay. Having made these observations
in the interest of those who are contributors, I humbly
beg pardon of M. Vidocq for having made use of his
name. I admit that I had no right to do so.
Besides, M. Vidocq might possibly have refused the
oath!
CHAPTER III
OATHS OF SCIENTIFIC AND LITERARY MEN
Here is a priceless detail: M.
Bonaparte was desirous that Arago should take the
oath. Understand, astronomy must swear
fealty. In a well-regulated state, like France
or China, everything is bureaucracy, even science.
The mandarin of the Institute depends upon the mandarin
of the police. The great parallactic telescope
owes homage to M. Bonaparte. An astronomer is
a sort of constable of the heavens. The observatory
is like any sentry-box. It is necessary to keep
an eye on the good God up yonder, who seems sometimes
not to submit absolutely to the Constitution of the
14th of January. The heavens are full of unpleasant
allusions, and require to be kept in order. The
discovery of a new spot on the sun is evidently a
case for the censorship. The prediction of a
high tide may be seditious. The announcement of
an eclipse of the moon may be treason. We are
a bit moonstruck at the Elysee. Free astronomy
is almost as dangerous as a free press. Who can
tell what takes place in those nocturnal tete-a-têtes
between Arago and Jupiter? If it were M. Leverrier,
well and good! but a member of the Provincial
Government! Beware, M. de Maupas! the Bureau of
Longitude must make oath not to conspire with the stars,
and especially with those mad artisans of celestial
coups d’etats which are called comets.
Then, too, as we have already said,
one is a fatalist when one is a Bonaparte. Napoleon
the Great had his star, Napoleon the Little ought
surely to have a nebula; the astronomers are certainly
something of astrologers. So take the oath, gentlemen.
It goes without saying that Arago refused.
One of the virtues of the oath to
Louis Bonaparte is that, according as it is refused
or taken, that oath gives you or takes from you merits,
aptitudes, talents. You are a professor of Greek
or Latin; take the oath, or you are deprived of your
chair, and you no longer know Greek or Latin.
You are a professor of rhetoric; take the oath, or
tremble; the story of Theramenes and the dream of
Athalie are interdicted; you shall wander about them
for the rest of your days, and never again be permitted
to enter. You are a professor of philosophy; take
the oath to M. Bonaparte, if not, you become
incapable of understanding the mysteries of the human
conscience, and of explaining them to young men.
You are a professor of medicine; take the oath, if
not, you no longer know how to feel the pulse of a
feverish patient. But if the good professors
depart, will there be any more good pupils? Particularly
in medicine, this is a serious matter. What is
to become of the sick? The sick? as if we cared
about the sick! The important thing is that medicine
should take the oath to M. Bonaparte. For it comes
to this: either the seven million five hundred
thousand votes have no sense, or it is evident that
it would be better to have your leg amputated by an
ass who has taken the oath, than by a refractory Dupuytren.
Ah! one would fain jest, but all this
makes the heart sad. Are you a young and generous
spirit, like Deschanel; a sane and upright intellect,
like Despois; a serious and powerful mind, like Jacques;
an eminent writer, a popular historian, like Michelet take
the oath, or die of hunger.
They refuse! The darkness and
silence, in which they stoically seek refuge, know
the rest.
CHAPTER IV
CURIOSITIES OF THE BUSINESS
All morality is denied by such an
oath, the cup of shame drained to the dregs, all decency
outraged. There is no reason why one should not
see unheard-of things, and one sees them. In
some towns, Évreux for example, the judges who have
taken the oath sit in judgment on the judges who have
refused it; dishonour seated on the bench places
honour at the bar; the sold conscience “reproves”
the upright conscience; the courtesan lashes the virgin.
“M. Verney, late President
of the Tribunal of Commerce at Évreux, was
cited to appear, on Thursday last, before the correctional
judges of Évreux, on account of facts that took place
on the 29th of April last, within the consular auditory.
“M.
Verney is accused of inciting to hatred and treason
against
the Government.”
The judges of
first instance discharged M. Verney, and “reproved”
him. Appeal
a minima by the “procureur of the
Republic.”
Sentence of the
Court of Appeal of Rouen:
“The
Court,
“Whereas
the prosecution has no other object than the
repression
of the crime of inciting to hatred and scorn of
the
Government;
“Whereas that offence would
result, according to the prosecution, from
the last paragraph of the letter of M. Verney
to the procureur of the Republic at Évreux, on
the 26th of April last, which is thus worded:
“’But it would be
too serious a matter to barter any longer what
we conceive to be right. The magistracy itself
will owe us thanks for not exposing the
ermine of the judge to succumb under the
formality which your dispatch announces.’
“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 booby 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 God 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 succumb, and consent to “ask
for pardon!” Then a letter is presented for
their signature, all written and addressed: “To
Monseigneur lé 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,
passed 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 assumes. 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 passing 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.
CHAPTER 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 Cassation, 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 passed, 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 passed
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 Constitution
of 1848 a mandate thus conceived:
“Article 68. Every measure
by which the President of the Republic shall dissolve
the National Assembly, prorogue it or impede the performance
of its decrees, is high treason.
“The judges of the High Court
shall thereupon immediately assemble, 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 God, 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 pass
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 passed 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.
CHAPTER 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; M. Frank Carre, procureur-general
to the Court of Peers in the affair of Boulogne, swore;
M. Dupin, President of the National Assembly on the
2nd of December, swore O, my God! it
is enough to make one wring one’s hands for
shame. An oath, however, is a sacred obligation.
The man who takes an oath ceases to
be a man, he becomes an altar, upon which God 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, space, 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 pass, 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 passing
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 God to man, to affirm! It is all over.
There are no more of them. Another of the soul’s
splendours that has vanished!