but that first he must "confer with his colleagues," concluding with this expression, "It shall be done to-day or to-morrow." "To-day or to-morrow!" exclaimed Martin (of Strasbourg); "Mr. President, the safety of the Republic, the safety of the country, perhaps, depends on what the High Court will or will not do. Your responsibility is great; bear that in mind. The High Court of Justice does not do its duty to-day or to-morrow; it does it at once, at the moment, without losing a minute, without an instant"s hesitation."
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 a.s.sembled. 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 Const.i.tution 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 Ca.s.sation, 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 Const.i.tuent 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 p.r.o.nounce. 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"etat_ 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 a.s.sembled, 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 a.s.sembly or for the President, either against the _coup d"etat_ 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:--
EXTRACT FROM THE REGISTRY OF THE HIGH COURT OF JUSTICE.
"The High Court of Justice.
"According to Article 68 of the Const.i.tution, considering that printed placards beginning with these words, "The President of the Republic" and ending with the signatures, "Louis Napoleon Bonaparte"
and "De Morny, Minister of the Interior," the said placards ordaining amongst other measures the dissolution of the National a.s.sembly, have been posted to-day on the walls of Paris, that this fact of the dissolution of the National a.s.sembly by the President of the Republic would be of the nature to const.i.tute the case provided for by Article 68 of the Const.i.tution, 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 appoints[4] ... to fulfil with it the functions of the Public Ministry; that M. Bernard, the Recorder of the Court of Ca.s.sation, should fulfil the duties of Recorder, and in order to proceed further, according to the terms of the aforesaid Article 68 of the Const.i.tution, 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 a.s.sistants, 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 t.i.tular judges, the a.s.sistants 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 a.s.sembly; 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 Merciere Gallery.
M. de Royer was in his study. The proposal greatly embarra.s.sed 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"etat_ 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 n.o.ble 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 a.r.s.enal 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 pa.s.sing 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 Merciere 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 b.u.t.toned-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?"