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AN APOLOGY FOR PRESIDENT BOURRICHE

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FTER the sentence had been pronounced, several members of the audience and two or three lawyers left the hall. The clerk was already calling another case. Those who went out did not reflect on the Crainquebille affair, which had not greatly interested them; and they thought no more about it. Monsieur Jean Lermite, an etcher, who happened to be at the Palais, was the only one who meditated on what he had just seen and heard. Putting his arm on the shoulder of Maître Joseph Aubarrée, he said:

"President Bourriche must be congratulated on having kept his mind free from idle curiosity, and from the intellectual pride which is determined to know everything. If he had weighed one against the other the contradictory evidence of Constable ​Matra and Dr. David Matthieu, the magistrate would have adopted a course leading to nothing but doubt and uncertainty. The method of examining facts in a critical spirit would be fatal to the administration of justice. If the judge were so imprudent as to follow that method, his sentences would depend on his personal sagacity, of which he has generally no very great store, and on human infirmity which is universal. Where can he find a criterion? It cannot be denied that the historical method is absolutely incapable of providing him with the certainty he needs. In this connexion you may recall a story told of Sir Walter Raleigh.

"‘One day, when Raleigh, a prisoner in the Tower of London, was working, as was his wont, at the second part of his "History of the World," there was a scuffle under his window. He went and looked at the brawlers; and when he returned to his work, he thought he had observed them very carefully. But on the morrow, having related the incident to one of his friends who had witnessed the affair and had even taken part in it, he was contradicted by his friend on every point. Reflecting, therefore, that if he were mistaken as to events which passed beneath his very eyes, how much greater must be the difficulty of ascertaining the ​truth concerning events far distant, he threw the manuscript of his history into the fire.'

"If the judges had the same scruples as Sir Walter Raleigh, they would throw all their notes into the fire. But they have no right to do so. They would thus be flouting justice; they would be committing a crime. We may despair of knowing, we must not despair of judging. Those who demand that sentences pronounced in Law Courts should be founded upon a methodical examination of facts, are dangerous sophists, and perfidious enemies of justice both civil and military. President Bourriche has too judicial a mind to permit his sentences to depend on reason and knowledge, the conclusions of which are eternally open to question. He founds them on dogma and moulds them by tradition, so that the authority of his sentences is equal to that of the Church’s commandments. His sentences are indeed canonical. I mean that he derives them from a certain number of sacred canons. See, for example, how he classifies evidence, not according to the uncertain and deceptive qualities of appearances and of human veracity, but according to intrinsic, permanent and manifest qualities. He weighs them in the scale, using weapons of war for weights. Can anything be at once simpler ​and wiser? Irrefutable for him is the evidence of a guardian of the peace, once his humanity be abstracted, and he conceived as a registered number, and according to the categories of an ideal police. Not that Matra (Bastien), born at Cinto-Monte in Corsica, appears to him incapable of error. He never thought that Bastien Matra was gifted with any great faculty of observation, nor that he applied any secret and vigorous method to the examination of facts. In truth it is not Bastien Matra he is considering, but Constable 64. A man is fallible, he thinks. Peter and Paul may be mistaken. Descartes and Gassendi, Leibnitz and Newton, Bichat and Claude Bernard were capable of error. We may all err and at any moment. The causes of error are innumerable. The perceptions of our senses and the judgment of our minds are sources of illusion and causes of uncertainty. We dare not rely on the evidence of a single man: Testis unus, testis nullus. But we may have faith in a number. Bastien Matra, of Cinto·Monte, is fallible. But Constable 64, when abstraction has been made of his humanity, cannot err. He is an entity. An entity has nothing in common with a man, it is free from all that confuses, corrupts and deceives men. It is pure, unchangeable and unalloyed. Wherefore ​the magistrates did not hesitate to reject the evidence of the mere man, Dr. David Matthieu, and to admit that of Constable 64, who is the pure idea, an emanation from divinity come down to the judgment bar.

"By following such a line of argument, President Bourriche attains to a kind of infallibility, the only kind to which a magistrate may aspire. When the man who bears witness is armed with a sword, it is the sword's evidence that must be listened to, not the man's. The man is contemptible and may be wrong. The sword is not contemptible and is always right. President Bourriche has seen deeply into the spirit of laws. Society rests on force; force must be respected as the august foundation of society. Justice is the administration of force. President Bourriche knows that Constable 64 is an integral part of the Government. The Government is immanent in each one of its officers. To slight the authority of Constable 64 is to weaken the State. To eat the leaves of an artichoke is to eat the artichoke, as Bossuet puts it in his sublime language. (Politique tirée de l'Ecriture sainte, passim.)

"All the swords of the State are turned in the same direction. To oppose one to the other is to overthrow the Republic. For that reason, Crainquebille, the accused, is justly condemned to a ​fortnight in prison and a fine of fifty francs, on the evidence of Constable 64. I seem to hear President Bourriche, himself, explaining the high and noble considerations which inspired his sentence. I seem to hear him saying:

"I judged this person according to the evidence of Constable 64, because Constable 64. is the emanation of public force. And if you wish to prove my wisdom, imagine the consequences had I adopted the opposite course. You will see at once that it would have been absurd. For if my judgments were in opposition to force, they would never be executed. Notice, gentlemen, that judges are only obeyed when force is on their side. A judge without policemen would be but an idle dreamer. I should be doing myself an injury if I admitted a policeman to be in the wrong. Moreover, the very spirit of laws is in opposition to my doing so. To disarm the strong and to arm the weak would be to subvert that social order which it is my duty to preserve. Justice is the sanction of established injustice. Was justice ever seen to oppose conquerors and usurpers? When an unlawful power arises, justice has only to recognize it and it becomes lawful. Form is everything; and between crime and innocence there is but the thickness of a piece of stamped paper. It was for ​you, Crainquebille, to be the strongest. If, after having cried: "Mort aux vaches!" you had declared yourself emperor, dictator, President of the Republic or even town councillor, I assure you you would not have been sentenced to pass a fortnight in prison, and to pay a fine of fifty francs. I should have acquitted you. You may be sure of that.

"Such would have doubtless been the words of President Bourriche; for he has a judicial mind, and he knows what a magistrate owes to society. With order and regularity he defends social principles. Justice is social. Only wrong-headed persons would make justice out to be human and reasonable. Justice is administered upon fixed rules, not in obedience to physical emotions and flashes of intelligence. Above all things do not ask justice to be just, it has no need to be just since it is justice, and I might even say that the idea of just justice can have only arisen in the brains of an anarchist. True, President Magnaud pronounces just sentences; but if they are reversed, that is still justice.

"The true judge weighs his evidence with weights that are weapons. So it was in the Crainquebille affair, and in other more famous cases."

Thus said Monsieur Jean Lermite as he paced up and down the Salle des Pas Perdus.

​Scratching the tip of his nose, Maître Joseph Aubarrée, who knows the Palais well, replied:

"If you want to hear what I think, I don't believe that President Bourriche rose to so lofty a metaphysical plane. In my opinion, when he received as true the evidence of Constable 64, he merely acted according to precedent. Imitation lies at the root of most human actions. A respectable person is one who conforms to custom. People are called good when they do as others do."

V

CRAINQUEBILLE SUBMITS TO THE LAWS OF THE REPUBLIC

AVING been taken back to his prison, Crainquebille sat down on his chained stool, filled with astonishment and admiration. He, himself, was not quite sure whether the magistrates were mistaken. The tribunal had concealed its essential weakness beneath the majesty of form. He could not believe that he was in the right, as against magistrates whose reasons he had not understood: it was impossible for him to conceive that anything could go wrong in so elaborate a ceremony. For, unaccustomed to attending Mass or frequenting the Elysée, he had never in his life witnessed anything so grand as a police court trial. He was perfectly aware that he had never cried "Mort aux vaches!" That for having said it he should have been sentenced to a ​fortnight’s imprisonment seemed to him an august mystery, one of those articles of faith to which believers adhere without understanding them, an obscure, striking, adorable and terrible revelation.

This poor old man believed himself guilty of having mystically offended Constable 64, just as the little boy learning his first Catechism believes himself guilty of Eve’s sin. His sentence had taught him that he had cried: "Mort aux vaches!" He must, therefore have cried " Mort aux vaches!" in some mysterious manner, unknown to himself. He was transported into a supernatural world. His trial was his apocalypse.

If he had no very clear idea of the offence, his idea of the penalty was still less clear. His sentence appeared to him a solemn and superior ritual, something dazzling and incomprehensible, which is not to be discussed, and for which one is neither to be praised nor pitied. If at that moment he had seen President Bourriche, with white wings and a halo round his forehead, coming down through a hole in the ceiling, he would not have been surprised at this new manifestation of judicial glory. He would have said: "This is my trial continuing!"

On the next day his lawyer visited him:

“Well, my good fellow, things aren’t so bad after ​all! Don't be discouraged. A fortnight is soon over. We have not much to complain of."

"As for that, I must say the gentlemen were very kind, very polite: not a single rude word. I shouldn't have believed it. And the cipal was wearing white gloves. Did you notice?"

"Everything considered, we did well to confess."

"Perhaps."

"Crainquebille, I have a piece of good news for you. A charitable person, whose interest I have elicited on your behalf, gave me fifty francs for you. The sum will be used to pay your fine."

"When will you give me the money?"

"It will be paid into the clerk's office. You need not trouble about it."

"It does not matter. All the same I am very grateful to this person." And Crainquebille murmured meditatively: "It's something out of the common that's happening to me."

"Don't exaggerate, Crainquebille. Your case is by no means rare, far from it."

"You couldn’t tell me where they’ve put my barrow?"

VI

CRAINQUEBILLE IN THE LIGHT OF PUBLIC OPINION

FTER his discharge from prison, Crainquebille trundled his barrow along the Rue Montmartre, crying: "Cabbages, turnips, carrots!" He was neither ashamed nor proud of his adventure. The memory of it was not painful. He classed it in his mind with dreams, travels and plays. But, above all things, he was glad to be walking in the mud, along the paved streets, and to see overhead the rainy sky as dirty as the gutter, the dear sky of the town. At every corner he stopped to have a drink; then, gay and unconstrained, spitting in his hands in order to moisten his horny palms, he would seize the shafts and push on his barrow. Meanwhile a flight of sparrows, as poor and as early as he, seeking their livelihood in the road, flew off at the sound of his familiar cry: ​"Cabbages, turnips, carrots!" An old house wife, who had come up, said to him as she felt his celery:

"What’s happened to you, Père Crainquebille? We haven’t seen you for three weeks. Have you been ill? You look rather pale."

"I’ll tell you, M’ame Mailloche, I’ve been doing the gentleman."

Nothing in his life changed, except that he went oftener to the pub, because he had an idea it was a holiday and that he had made the acquaintance of charitable folk. He returned to his garret rather gay. Stretched on his mattress he drew over him the sacks borrowed from the chestnut-seller at the corner which served him as blankets and he pondered: "Well, prison is not so bad; one has everything one wants there. But all the same one is better at home."

His contentment did not last long. He soon perceived that his customers looked at him askance.

"Fine celery, M’ame Cointreau!"

"I don’t want anything."

"What! nothing! do you live on air then? "

And M’ame Cointreau without deigning to reply returned to the large bakery of which she was the mistress. The shopkeepers and caretakers, who had once flocked round his barrow all green and ​blooming, now turned away from him. Having reached the shoemaker’s, at the sign of l’Ange Gardien, the place where his adventures with justice had begun, he called:

"M’ame Bayard, M’ame Bayard, you owe me sevenpence halfpenny from last time."

But M’ame Bayard, who was sitting at her counter, did not deign to turn her head.

The whole of the Rue Montmartre was aware that Père Crainquebille had been in prison, and the whole of the Rue Montmartre gave up his acquaintance. The rumour of his conviction had reached the Faubourg and the noisy corner of the Rue Richer. There, about noon, he perceived Madame Laure, a kind and faithful customer, leaning over the barrow of another costermonger, young Martin. She was feeling a large cabbage. Her hair shone in the sunlight like masses of golden threads loosely twisted. And young Martin, a nobody, a good-for-nothing, was protesting with his hand on his heart that there were no finer vegetables than his. At this sight Crainquebille’s heart was rent. He pushed his barrow up to young Martin’s, and in a plaintive broken voice said to Madame Laure: "It’s not fair of you to forsake me."

As Madame Laure herself admitted, she was no ​duchess. It was not in society that she had acquired her ideas of the prison van and the police-station. But can one not be honest in every station in life? Every one has his self respect; and one does not like to deal with a man who has just come out of prison. So the only notice she took of Crainquebille was to give him a look of disgust. And the old costermonger resenting the affront shouted:

"Dirty wench, go along with you.”

Madame Laure let fall her cabbage and cried:

"Eh! Be off with you, you bad penny. You come out of prison and then insult folk! "

If Crainquebille had had any self-contro1 he would never have reproached Madame Laure with her calling. He knew only too well that one is not master of one’s fate, that one cannot always choose one’s occupation, and that good people may be found everywhere. He was accustomed discreetly to ignore her customers’ business with her; and he despised no one. But he was beside himself. Three times he called Madame Laure drunkard, wench, harridan. A group of idlers gathered round Madame Laure and Crainquebille. They exchanged a few more insults as serious as the first; and they would soon have exhausted their vocabulary, if a policeman had not suddenly appeared, and at once, by his ​silence and immobility, rendered them as silent and as motionless as himself. They separated. But this scene put the finishing touch to the discrediting of Crainquebille in the eyes of the Faubourg Montmartre and the Rue Richer. ​

VII

RESULTS

HE old man went along mumbling:

"For certain she’s a hussy, and none more of a hussy than she."

But at the bottom of his heart that was not the reproach he brought against her. He did not scorn her for being what she was. Rather he esteemed her for it, knowing her to be frugal and orderly. Once they had liked to talk together. She used to tell him of her parents who lived in the country. And they had both resolved to have a little garden and keep poultry. She was a good customer. And then to see her buying cabbages from young Martin, a dirty, good-for-nothing wretch; it cut him to the heart; and when she pretended to despise him, that put his back up, and then …!

But she, alas! was not the only one who shunned ​him as if he had the plague. Every one avoided him. Just like Madame Laure, Madame Cointreau the baker, Madame Bayard of l’Ange Gardien scorned and repulsed him. Why! the whole of society refused to have anything to do with him.

So because one had been put away for a fortnight one was not good enough even to sell leeks! Was it just? Was it reasonable to make a decent chap die of starvation because he had got into difficulties with a copper? If he was not to be allowed to sell vegetables then it was all over with him. Like a badly doctored wine he turned sour. After having had words with Madame Laure, he now had them with every one. For a mere nothing he would tell his customers what he thought of them and in no ambiguous terms, I assure you. If they felt his wares too long he would call them to their faces chatterer, soft head. Likewise at the wine-shop he bawled at his comrades. His friend, the chestnut-seller, no longer recognized him; old Père Crainquebille, he said, had turned into a regular porcupine. It cannot be denied: he was becoming rude, disagreeable, evil-mouthed, loquacious. The truth of the matter was that he was discovering the imperfections of society; but he had not the facilities of a Professor of Moral and Political Science for the ​expression of his ideas concerning the vices of the system and the reforms necessary; and his thoughts evolved devoid of order and moderation.

Misfortune was rendering him unjust. He was taking his revenge on those who did not wish him ill and sometimes on those who were weaker than he. One day he boxed Alphonse, the wine-seller's little boy, on the ear, because he had asked him what it was like to be sent away. Crainquebille struck him and said:

"Dirty brat! it's your father who ought to be sent away instead of growing rich by selling poison."

A deed and a speech which did him no honour; for, as the chestnut-seller justly remarked, one ought not to strike a child, neither should one reproach him with a father whom he has not chosen.

Crainquebille began to drink. The less money he earned the more brandy he drank. Formerly frugal and sober he himself marvelled at the change.

"I never used to be a waster," he said. "I suppose one doesn't improve as one grows old."

Sometimes he severely blamed himself for his misconduct and his laziness:

"Crainquebille, old chap, you ain't good for anything but liftin' your glass."

​Sometimes he deceived himself and made out that he needed the drink.

"I must have it now and then; I must have a drop to strengthen me and cheer me up. It seems as if I had a fire in my inside; and there's nothing like the drink for quenching it."

It often happened that he missed the auction in the morning and so had to provide himself with damaged fruit and vegetables on credit. One day, feeling tired and discouraged, he left his barrow in its shed, and spent the livelong day hanging round the stall of Madame Rose, the tripe-seller, or lounging in and out of the wine-shops near the market. In the evening, sitting on a basket, he meditated and became conscious of his deterioration. He recalled the strength of his early years: the achievements of former days, the arduous labours and the glad evenings: those days quickly passing, all alike and fully occupied; the pacing in the darkness up and down the Market pavement, waiting for the early auction; the vegetables carried in armfuls and artistically arranged in the barrow; the piping hot black coffee of Mère Théodore swallowed standing, and at one gulp; the shafts grasped vigorously; and then the loud cry, piercing as cock crow, rending the morning air as he passed through the crowded ​streets. All that innocent, rough life of the human pack-horse came before him. For half a century, on his travelling stall, he had borne to townsfolk worn with care and vigil the fresh harvest of kitchen gardens. Shaking his head he sighed:

"No! I'm not what I was. I'm done for. The pitcher goes so often to the well that at last it comes home broken. And then I've never been the same since my affair with the magistrates. No, I'm not the man I was."

In short he was demoralized. And when a man reaches that condition he might as well be on the ground and unable to rise. All the passers-by tread him under foot.

VIII

Crainquebille, Putois, Riquet and Other Profitable Tales

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