VI

After admitting his insolvency and filing his schedule, a merchant

should find some retired spot in France, or in foreign countries, where

he may live without taking part in life, like the child that he is; for

the law declares him a minor, and not competent for any legal action as

a citizen. This, however, is never done. Before reappearing he obtains a

safe-conduct, which neither judge nor creditor ever refuses to give; for

if the debtor were found without this _exeat_ he would be put in prison,

while with it he passes safely, as with a flag of truce, through the

enemy’s camp,--not by way of curiosity, but for the purpose of defeating

the severe intention of the laws relating to bankruptcy. The effect of

all laws which touch private interests is to develop, enormously, the

knavery of men’s minds. The object of a bankrupt, like that of other

persons whose interests are thwarted by any law, is to make void the law

in his particular case.

The status of civil death in which the bankrupt remains a chrysalis

lasts for about three months,--a period required by formalities which

precede a conference at which the creditors and their debtor sign a

treaty of peace, by which the bankrupt is allowed the ability to make

payments, and receives a bankrupt’s certificate. This transaction is

called the _concordat_,--a word implying, perhaps, that peace reigns

after the storm and stress of interests violently in opposition.

As soon as the insolvent’s schedule is filed, the Court of commerce

appoints a judge-commissioner, whose duty it is to look after the

interests of the still unknown body of creditors, and also to protect

the insolvent against the vexatious measures of angry creditors,--a

double office, which might be nobly magnified if the judges had time

to attend to it. The commissioner, however, delegates an agent to take

possession of the property, the securities, and the merchandise, and to

verify the schedule; when this is done, the court appoints a day for

a meeting of the creditors, notice of which is trumpeted forth in the

newspapers. The creditors, real or pretended, are expected to be present

and choose the provisional assignees, who are to supersede the agent,

step into the insolvent’s shoes, became by a fiction of law the

insolvent himself, and are authorized to liquidate the business,

negotiate all transactions, sell the property,--in short, recast

everything in the interest of the creditors, provided the bankrupt makes

no opposition. The majority of Parisian failures stop short at this

point, and the reason is as follows:

The appointment of one or more permanent assignees is an act which gives

opportunity for the bitterest action on the part of creditors who

are thirsting for vengeance, who have been tricked, baffled, cozened,

trapped, duped, robbed, and cheated. Although, as a general thing, all

creditors are cheated, robbed, duped, trapped, cozened, tricked, and

baffled, yet there is not in all Paris a commercial passion able to keep

itself alive for ninety days. The paper of commerce alone maintains its

vitality, and rises, athirst for payment, in three months. Before ninety

days are over, the creditors, worn out by coming and going, by the

marches and countermarches which a failure entails, are asleep at

the side of their excellent little wives. This may help a stranger to

understand why it is that the provisional in France is so often the

definitive: out of every thousand provisional assignees, not more than

five ever become permanent. The subsidence of passions stirred up by

failures is thus accounted for.

But here it becomes necessary to explain to persons who have not had the

happiness to be in business the whole drama of bankruptcy, so as to make

them understand how it constitutes in Paris a monstrous legal farce; and

also how the bankruptcy of Cesar Birotteau was a signal exception to the

general rule.

This fine commercial drama is in three distinct acts,--the agent’s act,

the assignee’s act, the _concordat_, or certificate-of-bankruptcy act.

Like all theatrical performances, it is played with a double-intent:

it is put upon the stage for the public eye, but it also has a hidden

purpose; there is one performance for the pit, and another for the

side-scenes. Posted in the side-scenes are the bankrupt and his

solicitor, the attorney of the creditors, the assignees, the agent, and

the judge-commissioner himself. No one out of Paris knows, and no one in

Paris does not know, that a judge of the commercial courts is the most

extraordinary magistrate that society ever allowed itself to create.

This judge may live in dread of his own justice at any moment. Paris

has seen the president of her courts of commerce file his own schedule.

Instead of being an experienced retired merchant, to whom the magistracy

might properly be made the reward of a pure life, this judge is a

trader, bending under the weight of enormous enterprises, and at the

head of some large commercial house. The _sine qua non_ condition in the

election of this functionary, whose business it is to pass judgment

on the avalanche of commercial suits incessantly rolling through the

courts, is that he shall have the greatest difficulty in managing his

own affairs. This commercial tribunal, far from being made a useful

means of transition whereby a merchant might rise, without ridicule,

into the ranks of the nobility, is in point of fact made up of traders

who are trading, and who are liable to suffer for their judgments when

they next meet with dissatisfied parties,--very much as Birotteau was

now punished by du Tillet.

The commissioner is of necessity a personage before whom much is said;

who listens, recollecting all the while his own interests, and leaves

the cause to the assignees and the attorneys,--except, possibly, in

a few strange and unusual cases where dishonesty is accompanied by

peculiar circumstances, when the judge usually observes that the debtor,

or the creditors, as it may happen, are clever people. This personage,

set up in the drama like the royal bust in a public audience-chamber,

may be found early in the morning at his wood-yard, if he sells wood; in

his shop, if, like Birotteau, he is a perfumer; or, in the evenings,

at his dessert after dinner,--always, it should be added, in a terrible

hurry; as a general thing he is silent. Let us, however, do justice

to the law: the legislation that governs his functions, and which was

pushed through in haste, has tied the hands of this commissioner; and

it sometimes happens that he sanctions fraud which he cannot hinder,--as

the reader will shortly see.

The agent to whom the judge delegates the first proceedings, instead

of serving the creditors, may become if he please a tool of the debtor.

Every one hopes to swell his own gains by getting on the right side of

the debtor, who is always supposed to keep back a hidden treasure. The

agent may make himself useful to both parties; on the one hand by not

laying the bankrupt’s business in ashes, on the other by snatching a few

morsels for men of influence,--in short, he runs with the hare and holds

with the hounds. A clever agent has frequently arrested judgment by

buying up the debts and then releasing the merchant, who then rebounds

like an india-rubber ball. The agent chooses the best-stocked crib,

whether it leads him to cover the largest creditors and shear the

debtor, or to sacrifice the creditors for the future prosperity of

the restored merchant. The action of the agent is decisive. This man,

together with the bankrupt’s solicitor, plays the utility role in the

drama, where it may be said neither the one nor the other would accept

a part if not sure of their fees. Taking the average of a thousand

failures, an agent would be found nine hundred and fifty times on the

side of the bankrupt. At the period of our history, the solicitors

frequently sought the judge with the request that he would appoint

an agent whom they proposed to him,--a man, as they said, to whom the

affairs of the bankrupt were well-known, who would know how to reconcile

the interests of the whole body of creditors with those of a man

honorably overtaken by misfortune. For some years past the best judges

have sought the advice of the solicitors in this matter for the purpose

of not taking it, endeavoring to appoint some other agent _quasi_

virtuous.

During this act of the drama the creditors, real or pretended, come

forward to select the provisional assignees, who are often, as we have

said, the final ones. In this electoral assembly all creditors have the

right to vote, whether the sum owing to them is fifty sous, or fifty

thousand francs. This assembly, in which are found pretended creditors

introduced by the bankrupt,--the only electors who never fail to come

to the meeting,--proposes the whole body of creditors as candidates from

among whom the commissioner, a president without power, is supposed

to select the assignees. Thus it happens that the judge almost always

appoints as assignees those creditors whom it suits the bankrupt to

have,--another abuse which makes the catastrophe of bankruptcy one

of the most burlesque dramas to which justice ever lent her name.

The honorable bankrupt overtaken by misfortune is then master of the

situation, and proceeds to legalize the theft he premeditated. As a

rule, the petty trades of Paris are guiltless in this respect. When

a shopkeeper gets as far as making an assignment, the worthy man has

usually sold his wife’s shawl, pawned his plate, left no stone unturned,

and succumbs at last with empty hands, ruined, and without enough money

to pay his attorney, who in consequence cares little for him.

The law requires that the _concordat_, at which is granted the

bankrupt’s certificate that remits to the merchant a portion of his

debt, and restores to him the right of managing his affairs, shall

be attended by a majority of the creditors, and also that they shall

represent a certain proportion of the debt. This important action brings

out much clever diplomacy, on the part of the bankrupt, his assignees,

and his solicitor, among the contending interests which cross and

jostle each other. A usual and very common manoeuvre is to offer to that

section of the creditors who make up in number and amount the majority

required by law certain premiums, which the debtor consents to pay over

and above the dividend publicly agreed upon. This monstrous fraud is

without remedy. The thirty commercial courts which up to the present

time have followed one after the other, have each known of it, for all

have practised it. Enlightened by experience, they have lately tried to

render void such fraudulent agreements; and as the bankrupts have reason

to complain of the extortion, the judges had some hope of reforming to

that extent the system of bankruptcy. The attempt, however, will end in

producing something still more immoral; for the creditors will devise

other rascally methods, which the judges will condemn as judges, but by

which they will profit as merchants.

Another much-used stratagem, and one to which we owe the term “serious

and legitimate creditor,” is that of creating creditors,--just as du

Tillet created a banker and a banking-house,--and introducing a certain

quantity of Claparons under whose skin the bankrupt hides, diminishing

by just so much the dividends of the true creditors, and laying up for

the honest man a store for the future; always, however, providing a

sufficient majority of votes and debts to secure the passage of his

certificate. The “gay and illegitimate creditors” are like false

electors admitted into the electoral college. What chance has the

“serious and legitimate creditor” against the “gay and illegitimate

creditor?” Shall he get rid of him by attacking him? How can he do it?

To drive out the intruder the legitimate creditor must sacrifice his

time, his own business, and pay an attorney to help him; while the said

attorney, making little out of it, prefers to manage the bankruptcy in

another capacity, and therefore works for the genuine credit without

vigor.

To dislodge the illegitimate creditor it is necessary to thread the

labyrinth of proceedings in bankruptcy, search among past events,

ransack accounts, obtain by injunction the books of the false creditors,

show the improbability of the fiction of their existence, prove it to

the judges, sue for justice, go and come, and stir up sympathy; and,

finally, to charge like Don Quixote upon each “gay and illegitimate

creditor,” who if convicted of “gaiety” withdraws from court, saying

with a bow to the judges, “Excuse me, you are mistaken, I am very

‘serious.’” All this without prejudice to the rights of the bankrupt,

who may carry Don Quixote and his remonstrance to the upper courts;

during which time Don Quixote’s own business is suffering, and he is

liable to become a bankrupt himself.

The upshot of all this is, that in point of fact the debtor appoints

his assignees, audits his own accounts, and draws up the certificate of

bankruptcy himself.

Given these premises, it is easy to imagine the devices of Frontin, the

trickeries of Sganarelle, the lies of Mascarille, and the empty bags

of Scapin which such a system develops. There has never been a failure

which did not generate enough matter to fill the fourteen volumes of

“Clarissa Harlowe,” if an author could be found to describe them. A

single example will suffice. The illustrious Gobseck,--ruler of Palma,

Gigonnet, Werbrust, Keller, Nucingen, and the like,--being concerned in

a failure where he attempted to roughly handle the insolvent, who had

managed to get the better of him, obtained notes from his debtor for an

amount which together with the declared dividend made up the sum total

of his loss. These notes were to fall due after the _concordat_. Gobseck

then brought about a settlement in the _concordat_ by which sixty-five

per cent was remitted to the bankrupt. Thus the creditors were swindled

in the interests of Gobseck. But the bankrupt had signed the illicit

notes with the name of his insolvent firm, and he was therefore able

to bring them under the reduction of sixty-five per cent. Gobseck, the

great Gobseck, received scarcely fifty per cent on his loss. From that

day forth he bowed to his debtor with ironical respect.

As all operations undertaken by an insolvent within ten days before his

failure can be impeached, prudent men are careful to enter upon certain

affairs with a certain number of creditors whose interest, like that

of the bankrupt, is to arrive at the _concordat_ as fast as possible.

Skilful creditors will approach dull creditors or very busy ones, give

an ugly look into the failure, and buy up their claims at half what

they are worth at the liquidation; in this way they get back their money

partly by the dividend on their own claims, partly from the half, or

third, or fourth, gained on these purchased claims.

A failure is the closer, more or less hermetically tight, of a house

where pillage has left a few remaining bags of silver. Lucky the man who

can get in at a window, slide down a chimney, creep in through a cellar

or through a hole, and seize a bag to swell his share! In the general

rout, the _sauve qui peut_ of Beresina is passed from mouth to mouth;

all is legal and illegal, false and true, honest and dishonest. A man is

admired if he “covers” himself. To “cover” himself means that he seizes

securities to the detriment of the other creditors. France has lately

rung with the discussion of an immense failure that took place in a town

where one of the upper courts holds its sittings, and where the judges,

having current accounts with the bankrupts, wore such heavy india-rubber

mantles that the mantle of justice was rubbed into holes. It was

absolutely necessary, in order to avert legitimate suspicion, to send

the case for judgment in another court. There was neither judge nor

agent nor supreme court in the region where the failure took place that

could be trusted.

This alarming commercial tangle is so well understood in Paris, that

unless a merchant is involved to a large amount he accepts a failure

as total shipwreck without insurance, passes it to his profit-and-loss

account, and does not commit the folly of wasting time upon it; he

contents himself with brewing his own malt. As to the petty trader,

worried about his monthly payments, busied in pushing the chariot of his

little fortunes, a long and costly legal process terrifies him. He gives

up trying to see his way, imitates the substantial merchant, bows his

head, and accepts his loss.

The wholesale merchants seldom fail, nowadays; they make friendly

liquidations; the creditors take what is given to them, and hand in

their receipts. In this way many things are avoided,--dishonor, judicial

delays, fees to lawyers, and the depreciation of merchandise.

All parties think that bankruptcy will give less in the end than

liquidation. There are now more liquidations than bankruptcies in Paris.

The assignee’s act in the drama is intended to prove that every assignee

is incorruptible, and that no collusion has ever existed between any

of them and the bankrupt. The pit--which has all, more or less, been

assignee in its day--knows very well that every assignee is a “covered”

merchant. It listens, and believes as it likes. After three months

employed in auditing the debtor and creditor accounts, the time comes

for the _concordat_. The provisional assignees make a little report at

the meeting, of which the following is the usual formula:--

Messieurs,--There is owing to the whole of us, in bulk, about a

million. We have dismantled our man like a condemned frigate. The

nails, iron, wood, and copper will bring about three hundred

thousand francs. We shall thus get about thirty per cent of our

money. Happy in obtaining this amount, when our debtor might have

left us only one hundred thousand, we hereby declare him an

Aristides; we vote him a premium and crown of encouragement, and

propose to leave him to manage his assets, giving him ten or

twelve years in which to pay us the fifty per cent which he has

been so good as to offer us. Here is the certificate of

bankruptcy; have the goodness to walk up to the desk and sign it.

At this speech, all the fortune creditors congratulate each other and

shake hands. After the ratification of the certificate, the bankrupt

becomes once more a merchant, precisely such as he was before; he

receives back his securities, he continues his business, he is not

deprived of the power to fail again, on the promised dividend,--an

additional little failure which often occurs, like the birth of a child

nine months after the mother has married her daughter.

If the certificate of bankruptcy is not granted, the creditors then

select the permanent assignees, take extreme measures, and form an

association to get possession of the whole property and the business

of their debtor, seizing everything that he has or ever will have,--his

inheritance from his father, his mother, his aunt, _et caetera_.

This stern measure can only be carried through by an association of

creditors.

* * * * *

There are therefore two sorts of failures,--the failure of the merchant

who means to repossess himself of his business, and the failure of the

merchant who has fallen into the water and is willing to sink to the

bottom. Pillerault knew the difference. It was, to his thinking and to

that of Ragon, as hard to come out pure from the first as to come out

safe from the second. After advising Cesar to abandon everything to his

creditors, he went to the most honorable solicitor in such matters,

that immediate steps might be taken to liquidate the failure and put

everything at once at the disposition of the creditors. The law requires

that while the drama is being acted, the creditors shall provide for

the support of the bankrupt and his family. Pillerault notified the

commissioner that he would himself supply the wants of his niece and

nephew.

Du Tillet had worked all things together to make the failure a prolonged

agony for his old master; and this is how he did it. Time is so precious

in Paris that it is customary, when two assignees are appointed, for

only one to attend to the affair: the duty of the other is merely

formal,--he approves and signs, like the second notary in notarial

deeds. By this means, the largest failures in Paris are so vigorously

handled that, in spite of the law’s delays, they are adjusted, settled,

and secured with such rapidity that within a hundred days the judge can

echo the atrocious saying of the Minister,--“Order reigns in Warsaw.”

Du Tillet meant to compass Cesar’s commercial death. The names of

the assignees selected through the influence of du Tillet were very

significant to Pillerault. Monsieur Bidault, called Gigonnet,--the

principal creditor,--was the one to take no active part; and Molineux,

the mischievous old man who lost nothing by the failure, was to manage

everything. Du Tillet flung the noble commercial carcass to the little

jackal, that he might torment it as he devoured it. After the meeting

at which the creditors appointed the assignees, little Molineux returned

home “honored,” so he said, “by the suffrages of his fellow-citizens”;

happy in the prospect of hectoring Birotteau, just as a child

delights in having an insect to maltreat. The landlord, astride of his

hobby,--the law,--begged du Tillet to favor him with his ideas; and he

bought a copy of the commercial Code. Happily, Joseph Lebas, cautioned

by Pillerault, had already requested the president of the Board

of Commerce to select a sagacious and well-meaning commissioner.

Gobenheim-Keller, whom du Tillet hoped to have, found himself displaced

by Monsieur Camusot, a substitute-judge,--a rich silk-merchant, Liberal

in politics, and the owner of the house in which Pillerault lived; a man

counted honorable.

* * * * *

One of the cruellest scenes of Cesar’s life was his forced conference

with little Molineux,--the being he had once regarded as a nonentity,

who now by a fiction of law had become Cesar Birotteau. He was compelled

to go to the Cour Batave, to mount the six flights, and re-enter the

miserable appartement of the old man, now his custodian, his _quasi_

judge,--the representative of his creditors. Pillerault accompanied him.

“What is the matter?” said the old man, as Cesar gave vent to an

exclamation.

“Ah, uncle! you do not know the sort of man this Molineux is!”

“I have seen him from time to time for fifteen years past at the cafe

David, where he plays dominoes. That is why I have come with you.”

Monsieur Molineux showed the utmost politeness to Pillerault, and much

disdainful condescension to the bankrupt; he had thought over his part,

studied the shades of his demeanor, and prepared his ideas.

“What information is it that you need?” asked Pillerault. “There is no

dispute as to the claims.”

“Oh,” said little Molineux, “the claims are in order,--they have been

examined. The creditors are all serious and legitimate. But the

law, monsieur,--the law! The expenditures of the bankrupt have been

disproportional to his fortune. It appears that the ball--”

“At which you were present,” interrupted Pillerault.

“--cost nearly sixty thousand francs, and at that time the assets of

the insolvent amounted to not more than one hundred and a few thousand

francs. There is cause to arraign the bankrupt on a charge of wilful

bankruptcy.”

“Is that your intention?” said Pillerault, noticing the despondency into

which these words had cast Birotteau.

“Monsieur, I make a distinction; the Sieur Birotteau was a member of the

municipality--”

“You have not sent for us, I presume, to explain that we are to be

brought into a criminal police court?” said Pillerault. “The cafe David

would laugh finely at your conduct this evening.”

The opinion of the cafe David seemed to frighten the old man, who looked

at Pillerault with a startled air. He had counted on meeting Birotteau

alone, intending to pose as the sovereign arbiter of his fate,--a

legal Jupiter. He meant to frighten him with the thunder-bolt of an

accusation, to brandish the axe of a criminal charge over his head,

enjoy his fears and his terrors, and then allow himself to be touched

and softened, and persuaded at last to restore his victim to a life of

perpetual gratitude. Instead of his insect, he had got hold of an old

commercial sphinx.

“Monsieur,” he replied, “I see nothing to laugh at.”

“Excuse me,” said Pillerault. “You have negotiated largely with Monsieur

Claparon; you have neglected the interests of the main body of

the creditors, so as to make sure that certain claims shall have

a preference. Now I can as one of the creditors interfere. The

commissioner is to be taken into account.”

“Monsieur,” said Molineux, “I am incorruptible.”

“I am aware of it,” said Pillerault. “You have only taken your iron out

of the fire, as they say. You are keen; you are acting just as you do

with your tenants--”

“Oh, monsieur!” said the assignee, suddenly dropping into the

landlord,--just as the cat metamorphosed into a woman ran after a mouse

when she caught sight of it,--“my affair of the Rue Montorgeuil is not

yet settled. What they call an impediment has arisen. The tenant is the

chief tenant. This conspirator declares that as he has paid a year in

advance, and having only one more year to”--here Pillerault gave Cesar

a look which advised him to pay strict attention--“and, the year being

paid for, that he has the right to take away his furniture. I shall sue

him! I must hold on to my securities to the last; he may owe something

for repairs before the year is out.”

“But,” said Pillerault, “the law only allows you to take furniture as

security for the rent--”

“And its accessories!” cried Molineux, assailed in his trenches. “That

article in the Code has been interpreted by various judgments rendered

in the matter: however, there ought to be legislative rectification to

it. At this very moment I am elaborating a memorial to his Highness,

the Keeper of the Seals, relating to this flaw in our statutes. It

is desirable that the government should maintain the interests of

landlords. That is the chief question in statecraft. We are the tap-root

of taxation.”

“You are well fitted to enlighten the government,” said Pillerault; “but

in what way can we enlighten you--about our affairs?”

“I wish to know,” said Molineux, with pompous authority, “if Monsieur

Birotteau has received moneys from Monsieur Popinot.”

“No, monsieur,” said Birotteau.

Then followed a discussion on Birotteau’s interests in the house of

Popinot, from which it appeared that Popinot had the right to have all

his advances paid in full, and that he was not involved in the failure

to the amount of half the costs of his establishment, due to him by

Birotteau. Molineux, judiciously handled by Pillerault, insensibly got

back to gentler ways, which only showed how he cared for the opinion of

those who frequented the cafe David. He ended by offering consolation

to Birotteau, and by inviting him, as well as Pillerault, to share his

humble dinner. If the ex-perfumer had gone alone, he would probably have

irritated Molineux, and the matter would have become envenomed. In this

instance, as in others, old Pillerault was his tutelary angel.

Commercial law imposes a horrible torture upon the bankrupt; he is

compelled to appear in person at the meeting of his creditors, when they

decide upon his future fate. For a man who can hold himself above it

all, or for a merchant who expects to recover himself, this ceremony is

little feared. But to a man like Cesar Birotteau it was agony only to

be compared to the last day of a criminal condemned to death. Pillerault

did all in his power to make that terrible day endurable to his nephew.

The steps taken by Molineux, and agreed to by the bankrupt, were as

follows: The suit relating to the mortgage on the property in the

Faubourg du Temple having been won in the courts, the assignees decided

to sell that property, and Cesar made no opposition. Du Tillet, hearing

privately that the government intended to cut a canal which should lead

from Saint-Denis to the upper Seine through the Faubourg du Temple,

bought the property of Birotteau for seventy thousand francs. All

Cesar’s rights in the lands about the Madeleine were turned over to

Monsieur Claparon, on condition that he on his side would abandon all

claim against Birotteau for half the costs of drawing up and registering

the contracts; also for all payments on the price of the lands, by

receiving himself, under the failure, the dividend which was to be

paid over to the sellers. The interests of the perfumer in the house

of Popinot and Company were sold to the said Popinot for the sum of

forty-eight thousand francs. The business of “The Queen of Roses” was

bought by Celestin Crevel at fifty-seven thousand francs, with the

lease, the fixtures, the merchandise, furniture, and all rights in the

Paste of Sultans and the Carminative Balm, with twelve years’ lease of

the manufactories, whose various appliances were also sold to him. The

assets when liquidated came to one hundred and ninety-five thousand

francs, to which the assignees added seventy thousand produced by

Birotteau’s claims in the liquidation of the “unfortunate” Roguin. Thus

the total amount made over to Cesar’s creditors was two hundred and

fifty-five thousand francs. The debts amounted to four hundred and forty

thousand; consequently, the creditors received more than fifty per cent

on their claims.

Bankruptcy is a species of chemical transmutation, from which a clever

merchant tries to emerge in fresh shape. Birotteau, distilled to the

last drop in this retort, gave a result which made du Tillet furious.

Du Tillet looked to see a dishonorable failure; he saw an honorable one.

Caring little for his own gains, though he was about to get

possession of the lands around the Madeleine without ever drawing his

purse-strings, he wanted to see his old master dishonored, lost, and

vilified. The creditors at the general meeting would undoubtedly show

the poor man that they respected him.

By degrees, as Birotteau’s courage came back to him, Pillerault, like

a wise doctor, informed him, by gradual doses, of the transactions

resulting from his failure. These harsh tidings were like so many blows.

A merchant cannot learn without a shock the depreciation of property

which represents to him so much money, so much solicitude, so much

labor. The facts his uncle now told him petrified the poor man.

“Fifty-seven thousand francs for ‘The Queen of Roses’! Why, the shop

alone cost ten thousand; the appartement cost forty thousand; the mere

outlay on the manufactories, the utensils, the frames, the boilers, cost

thirty thousand. Why! at fifty per cent abatement, if my creditors allow

me that, there would still be ten thousand francs worth of property in

the shop. Why! the Paste and the Balm are solid property,--worth as much

as a farm!”

Poor Cesar’s jeremiads made no impression upon Pillerault. The old

merchant took them as a horse takes a down-pour; but he was alarmed by

the gloomy silence Birotteau maintained when it was a question of the

meeting. Those who comprehend the vanities and weaknesses which in all

social spheres beset mankind, will know what a martyrdom it was for this

poor man to enter as a bankrupt the commercial tribunal of justice

where he once sat as judge; to meet affronts where so often he had been

thanked for services rendered,--he, Birotteau, whose inflexible opinions

about bankruptcy were so well known; he who had said, “A man may be

honest till he fails, but he comes out of a meeting of his creditors

a swindler.” Pillerault watched for the right moment to familiarize

Cesar’s mind with the thought of appearing before his creditors as the

law demands. The thought killed him. His mute grief and resignation made

a deep impression on his uncle, who often heard him at night, through

the partition, crying out to himself, “Never! never! I will die sooner.”

Pillerault, a strong man,--strong through the simplicity of his

life,--was able to understand weakness. He resolved to spare Cesar the

anguish of appearing before his creditors,--a terrible scene which the

law renders inevitable, and to which, indeed, he might succumb. On this

point the law is precise, formal, and not to be evaded. The merchant

who refused to appear would, for that act alone, be brought before

the criminal police courts. But though the law compels the bankrupt to

appear, it has no power to oblige the creditor to do so. A meeting

of creditors is a ceremony of no real importance except in special

cases,--when, for instance, a swindler is to be dispossessed and a

coalition among the creditors agreed upon, when there is difference of

opinion between the privileged creditors and the unsecured creditors, or

when the _concordat_ is specially dishonest, and the bankrupt is in need

of a deceptive majority. But in the case of a failure when all has

been given up, the meeting is a mere formality. Pillerault went to each

creditor, one after the other, and asked him to give his proxy to his

attorney. Every creditor, except du Tillet, sincerely pitied Cesar,

after striking him down. Each knew that his conduct was scrupulously

honest, that his books were regular, and his business as clear as the

day. All were pleased to find no “gay and illegitimate creditor” among

them. Molineux, first the agent and then the provisional assignee, had

found in Cesar’s house everything the poor man owned, even the engraving

of Hero and Leander which Popinot had given him, his personal trinkets,

his breast-pin, his gold buckles, his two watches,--things which an

honest man might have taken without thinking himself less than honest.

Constance had left her modest jewel-case. This touching obedience to

the law struck the commercial mind keenly. Birotteau’s enemies called

it foolishness; but men of sense held it up to its true light as a

magnificent supererogation of integrity. In two months the opinion of

the Bourse had changed; every one, even those who were most indifferent,

admitted this failure to be a rare commercial wonder, seldom seen in the

markets of Paris. Thus the creditors, knowing that they were secure

of nearly sixty per cent of their claims, were very ready to do what

Pillerault asked of them. The solicitors of the commercial courts are

few in number; it therefore happened that several creditors employed

the same man, giving him their proxies. Pillerault finally succeeded in

reducing the formidable assemblage to three solicitors, himself, Ragon,

the two assignees, and the commissioner.

Rise and Fall of Cesar Birotteau · 第 21 / 27 题