The Commission in Lunacy, Honoré de Balzac [recommended books to read .txt] 📗

sloping forehead, his fireless eyes, and his shambling gait. His life answered to his countenance; it was full of secret labor, and hid the virtue of a saint. His superior knowledge of law proved so strong a recommendation at a time when Napoleon was reorganizing it in 1808 and 1811, that, by the advice of Cambaceres, he was one of the first men named to sit on the Imperial High Court of Justice at Paris. Popinot was no schemer. Whenever any demand was made, any request preferred for an appointment, the Minister would overlook Popinot, who never set foot in the house of the High Chancellor or the Chief Justice. From the High Court he was sent down to the Common Court, and pushed to the lowest rung of the ladder by active struggling men. There he was appointed supernumerary judge. There was a general outcry among the lawyers: "Popinot a supernumerary!" Such injustice struck the legal world with dismay--the attorneys, the registrars, everybody but Popinot himself, who made no complaint. The first clamor over, everybody was satisfied that all was for the best in the best of all possible worlds, which must certainly be the legal world. Popinot remained supernumerary judge till the day when the most famous Great Seal under the Restoration avenged the oversights heaped on this modest and uncomplaining man by the Chief Justices of the Empire. After being a supernumerary for twelve years, M. Popinot would no doubt die a puisne judge of the Court of the Seine.

To account for the obscure fortunes of one of the superior men of the legal profession, it is necessary to enter here into some details which will serve to reveal his life and character, and which will, at the same time, display some of the wheels of the great machine known as Justice. M. Popinot was classed by the three Presidents who successively controlled the Court of the Seine under the category of possible judges, the stuff of which judges are made. Thus classified, he did not achieve the reputation for capacity which his previous labors had deserved. Just as a painter is invariably included in a category as a landscape painter, a portrait painter, a painter of history, of sea pieces, or of genre, by a public consisting of artists, connoisseurs, and simpletons, who, out of envy, or critical omnipotence, or prejudice, fence in his intellect, assuming, one and all, that there are ganglions in every brain--a narrow judgment which the world applies to writers, to statesmen, to everybody who begins with some specialty before being hailed as omniscient; so Popinot's fate was sealed, and he was hedged round to do a particular kind of work. Magistrates, attorneys, pleaders, all who pasture on the legal common, distinguish two elements in every case--law and equity. Equity is the outcome of facts, law is the application of principles to facts. A man may be right in equity but wrong in law, without any blame to the judge. Between his conscience and the facts there is a whole gulf of determining reasons unknown to the judge, but which condemn or legitimatize the act. A judge is not God; the duty is to adapt facts to principles, to judge cases of infinite variety while measuring them by a fixed standard.

France employs about six thousand judges; no generation has six thousand great men at her command, much less can she find them in the legal profession. Popinot, in the midst of the civilization of Paris, was just a very clever cadi, who, by the character of his mind, and by dint of rubbing the letter of the law into the essence of facts, had learned to see the error of spontaneous and violent decisions. By the help of his judicial second-sight he could pierce the double casing of lies in which advocates hide the heart of a trial. He was a judge, as the great Desplein was a surgeon; he probed men's consciences as the anatomist probed their bodies. His life and habits had led him to an exact appreciation of their most secret thoughts by a thorough study of facts.

He sifted a case as Cuvier sifted the earth's crust. Like that great thinker, he proceeded from deduction to deduction before drawing his conclusions, and reconstructed the past career of a conscience as Cuvier reconstructed an Anoplotherium. When considering a brief he would often wake in the night, startled by a gleam of truth suddenly sparkling in his brain. Struck by the deep injustice, which is the end of these contests, in which everything is against the honest man, everything to the advantage of the rogue, he often summed up in favor of equity against law in such cases as bore on questions of what may be termed divination. Hence he was regarded by his colleagues as a man not of a practical mind; his arguments on two lines of deduction made their deliberations lengthy. When Popinot observed their dislike to listening to him he gave his opinion briefly; it was said that he was not a good judge in this class of cases; but as his gift of discrimination was remarkable, his opinion lucid, and his penetration profound, he was considered to have a special aptitude for the laborious duties of an examining judge. So an examining judge he remained during the greater part of his legal career.

Although his qualifications made him eminently fitted for its difficult functions, and he had the reputation of being so learned in criminal law that his duty was a pleasure to him, the kindness of his heart constantly kept him in torture, and he was nipped as in a vise between his conscience and his pity. The services of an examining judge are better paid than those of a judge in civil actions, but they do not therefore prove a temptation; they are too onerous. Popinot, a man of modest and virtuous learning, without ambition, an indefatigable worker, never complained of his fate; he sacrificed his tastes and his compassionate soul to the public good, and allowed himself to be transported to the noisome pools of criminal examinations, where he showed himself alike severe and beneficent. His clerk sometimes would give the accused some money to buy tobacco, or a warm winter garment, as he led him back from the judge's office to the Souriciere, the mouse-trap--the House of Detention where the accused are kept under the orders of the Examining Judge. He knew how to be an inflexible judge and a charitable man. And no one extracted a confession so easily as he without having recourse to judicial trickery. He had, too, all the acumen of an observer. This man, apparently so foolishly good-natured, simple, and absent-minded, could guess all the cunning of a prison wag, unmask the astutest street huzzy, and subdue a scoundrel. Unusual circumstances had sharpened his perspicacity; but to relate these we must intrude on his domestic history, for in him the judge was the social side of the man; another man, greater and less known, existed within.

Twelve years before the beginning of this story, in 1816, during the terrible scarcity which coincided disastrously with the stay in France of the so-called Allies, Popinot was appointed President of the Commission Extraordinary formed to distribute food to the poor of his neighborhood, just when he had planned to move from the Rue du Fouarre, which he as little liked to live in as his wife did. The great lawyer, the clear-sighted criminal judge, whose superiority seemed to his colleagues a form of aberration, had for five years been watching legal results without seeing their causes. As he scrambled up into the lofts, as he saw the poverty, as he studied the desperate necessities which gradually bring the poor to criminal acts, as he estimated their long struggles, compassion filled his soul. The judge then became the Saint Vincent de Paul of these grown-up children, these suffering toilers. The transformation was not immediately complete. Beneficence has its temptations as vice has. Charity consumes a saint's purse, as roulette consumes the possessions of a gambler, quite gradually. Popinot went from misery to misery, from charity to charity; then, by the time he had lifted all the rags which cover public pauperism, like a bandage under which an inflamed wound lies festering, at the end of a year he had become the Providence incarnate of that quarter of the town. He was a member of the Benevolent Committee and of the Charity Organization. Wherever any gratuitous services were needed he was ready, and did everything without fuss, like the man with the short cloak, who spends his life in carrying soup round the markets and other places where there are starving folks.

Popinot was fortunate in acting on a larger circle and in a higher sphere; he had an eye on everything, he prevented crime, he gave work to the unemployed, he found a refuge for the helpless, he distributed aid with discernment wherever danger threatened, he made himself the counselor of the widow, the protector of homeless children, the sleeping partner of small traders. No one at the Courts, no one in Paris, knew of this secret life of Popinot's. There are virtues so splendid that they necessitate obscurity; men make haste to hide them under a bushel. As to those whom the lawyer succored, they, hard at work all day and tired at night, were little able to sing his praises; theirs was the gracelessness of children, who can never pay because they owe too much. There is such compulsory ingratitude; but what heart that has sown good to reap gratitude can think itself great?

By the end of the second year of his apostolic work, Popinot had turned the storeroom at the bottom of his house into a parlor, lighted by the three iron-barred windows. The walls and ceiling of this spacious room were whitewashed, and the furniture consisted of wooden benches like those seen in schools, a clumsy cupboard, a walnut-wood writing-table, and an armchair. In the cupboard were his registers of donations, his tickets for orders for bread, and his diary. He kept his ledger like a tradesman, that he might not be ruined by kindness. All the sorrows of the neighborhood were entered and numbered in a book, where each had its little account, as merchants' customers have theirs. When there was any question as to a man or a family needing help, the lawyer could always command information from the police.

Lavienne, a man made for his master, was his aide-de-camp. He redeemed or renewed pawn-tickets, and visited the districts most threatened with famine, while his master was in court.

From four till seven in the morning in summer, from six till nine in winter, this room was full of women, children, and paupers, while Popinot gave audience. There was no need for a stove in winter; the crowd was so dense that the air was warmed; only, Lavienne strewed straw on the wet floor. By long use the benches were as polished as varnished mahogany; at the height of a man's shoulders the wall had a coat of dark, indescribable color, given to it by the rags and tattered clothes of these poor creatures. The poor wretches loved Popinot so well that when they assembled before his door was opened, before daybreak on a winter's morning, the women warming themselves with their foot-brasiers, the men swinging their arms for circulation, never a sound had disturbed his sleep. Rag-pickers and other toilers of the night knew the house, and often saw a light burning in the lawyer's private room at unholy hours. Even thieves, as they passed by, said, "That is his house," and respected it. The morning he gave to the poor, the mid-day hours to criminals, the evening to law work.

Thus the gift of observation that characterized Popinot was