M. Zola.--“And he is an anti-Semite.”

M. Clemenceau.--“M. Zola tells me that he is an anti-Semite. I did

not know it, and it does not matter. It was Colonel Picquart who

submitted his doubts to his superior, General Gonse, and it is out of

the scruples of those two men, expressed in the letters with which you

are now familiar, that the whole matter which brings us here today has

grown.

“Now, gentlemen, what is the question before us? For my part, I

consider it at once most simple and most complex. Most simple, for

it is a question of legality, a question whether the law which is

the guarantee of all of us, the law which protects us against the

temptations of judges, the law which protects us against exterior

passions, the law which safeguards all of us from the highest to

the lowest,--it is a question whether the guarantees which this law

furnishes have been observed in the case of Dreyfus. No, they have

not. And that is all I want to know. I do not examine the presumptions

of innocence, which are enormous, especially now that the present

trial has shed full light upon them. I consider only the question of

legality. And, the question being so simple, why has it aroused so many

passions against it? It is because justice, while undoubtedly the most

beautiful ideal to sing and to celebrate, is also the most difficult to

realize.

“The social organization is theoretically admirable. The people send

to parliament men whose mission it is to represent their will. This

will is formulated under the forms of law. The judges apply it, the

police execute it. But it comes about that men invested with public

power suffer themselves, because they are men, because they are weak,

to be abused by the idea that they are more or less necessary men.

Having some power, they want more. They confuse their own interests,

individually and as a body, with the general interest, and, when it is

pointed out to them that they have made an error, their first impulse

is to resist _en masse_. Their entire profession is at stake.

“May I be permitted this respectful criticism? They say to us: ‘You

insult the army.’ No, we do not insult the army. The army exists only

through the law. We desire it to be great through the law, for we have

duties toward it. But it has duties toward us, and there must be an

understanding between military and civil society on the very ground

of law and justice. Gentlemen, France for twenty-five years has been

carrying on a double enterprise, which seems contradictory. We are a

vanquished nation,--gloriously vanquished, it is true, but vanquished

none the less,--and it has been our thought to re-establish the power

of France. That is a matter of necessity. It must be, because there

is no civil law, there is no means of doing right and justice, if we

are not, in the first place, masters in our own house. And our second

thought has been that of ridding ourselves of all personal despotisms,

of every vestige of oligarchy, and founding in our own country a

democracy of liberty and justice.

“Then the question arose whether these two views are not contradictory.

The principle of civil society is right, liberty, justice. The

principle of military society is discipline, countersign, obedience.

And, as each is led by the consciousness of the utility of his function

to try to encroach upon his neighbor, military society, which has force

at its disposal, tends to encroach on civil authority, and to look

upon civil society sometimes from a somewhat lofty standpoint. It is

a wrong. Soldiers have no _raison d’être_ except as defenders of the

principle which civil society represents. A reconciliation between

these two institutions is necessary. The professional army no longer

exists. The universal army, the army of all, must be penetrated with

the ideas of all, with the universal ideas of right, since it is made

up of the universality of citizens. If, absorbed by the thought of

defence, which is of the first legitimacy, civil society were to rush

into military servitude, we should still have a soil to defend, it is

true; but the moral country would be lost, because, abandoning the

ideas of justice and liberty, we should have abandoned all that has

been done hitherto in this world by the glory and renown of France.

These two societies must come to an understanding. Military society

must enjoy all its rights, in order to do all its duties. Civil

society, conscious of its duties toward the country and the army, must

maintain its rights inflexibly, not only in the higher interest of the

principle which it represents, but to insure a maximum of efficiency in

the military institution. Yes, indeed, the army must be strong, but, as

the abnegation of some and the absolute command of others are destined

to fuse in one immense effort of life and death for the defence of the

territory, it is necessary that civil society, by the superiority of

its principle, should preserve its full power of control.

“Gentlemen, you belong to the army. At what moment will the army be

most admirable? At the moment when, running to the frontier, it will

have all our heart and all our hope. Suppose that a hundred thousand

Frenchmen fall in the first battles. Ninety thousand of these will be

men who today are not wearing the uniform, and only ten thousand of

them will be men who call themselves soldiers. Will these men lie in

two heaps? Will it be said that there is one honor belonging to the ten

thousand military men, and another belonging to the ninety thousand

civilians? No. There is but one honor for all, the honor that consists

in the fulfillment of the supreme duty, total duty toward the country.

Then let us not abuse a word which no longer has the significance that

it had in the days of professional armies. The honor of the army today

is the honor of all. The army has but one honor,--that it is potent for

the national defence, that in peace it is always respectful of the law.

“General de Pellieux asked us for confidence the other day. And,

while he spoke, I reflected that, during the twenty-five years of

the empire, we had full confidence in the commanders of the army. We

never criticised them, we never controlled them. The men whom I saw

start were full of confidence. You know to what disasters they ran.

M. Zola has been reproached for having written ‘La Débâcle.’ Alas!

gentlemen,--and I say it very low,--if he wrote it, it was because

before him there had been men of war to organize it and to bring it

about. It is a return of that that is to be avoided, and patriotism

does not consist in admiring, whether or no, everything that is done in

the army, but in submitting the army to the discipline of the law. When

General de Boisdeffre came to this bar, after General de Pellieux, to

use toward this jury language that was threatening, he revealed to you

what must have taken place before the council of war, and from what we

have seen of the trial in the open day we may judge of the trial behind

closed doors. The language of General Billot at the tribune was clear

enough. It was the equivalent of an order; and did not Colonel Picquart

say, to explain the insufficiency of the Ravary report: ‘General de

Pellieux had concluded that there was no ground for a prosecution;

Major Ravary could not do otherwise than come to the conclusion of his

superior?’ It is not necessary to conclude therefrom that the generals

have wilfully failed in their duty. Nothing more than their own words

is necessary to show us how, without intending it, without realizing

it, they have stepped aside from the clear path of right and justice.

General de Boisdeffre would have proved it superabundantly, if that

had been necessary. He was asked for the proof, or, rather, he was not

asked for it, for we were not allowed to ask it, but at the bottom of

our hearts we wanted it revealed. If he had brought a decisive proof

that would have compelled everybody to bow, for my part, I swear to

you, I would have left this court-room with a sense of relief. But

what sort of proof did they bring us? A document later by two years

than the Dreyfus verdict. What sort of justice is it, gentlemen, that

discovers proofs of a just verdict two years after the verdict was

rendered, and which produces, as convincing, documents that were never

submitted to the accused? That is the philosophy of these closed doors.

Behind them everything was known, even the secret documents, known

to all except to him whom these documents were to condemn. They hide

from us documents the revelation of which they say would be harmful

to the national defence, and these documents, which they refuse to M.

Scheurer-Kestner and to the chamber, traverse the highways in Major

Esterhazy’s pocket. M. Méline, to whom Jaurès said: ‘Yes or no, did

you communicate secret documents?’ replied to him: ‘We will answer you

elsewhere.’ Elsewhere is here, and here they have not answered us, for

I cannot consider as an answer the assertion that two years after the

verdict they discovered a proof against the prisoner. M. Labori has

told you that this document is a forgery. I tell you that, even if it

is true, it is the first duty of all of us to see that this document

is submitted to Dreyfus, whether he is a traitor or not,--to Dreyfus

and to his lawyer; and, if you say that, because he is a Jew, he is

not to be tried as others are tried, I tell you that the day will

come when you will be similarly treated because you are a Protestant

or a Freethinker. This is a denial of the French idea born of the

Revolution, the idea of liberty for all, the idea of tolerance for

all, the idea of equality of guarantees, equality of rights, equality

of justice. If you once condemn a man without the forms of justice,

some day the forms of justice will be abrogated by others to your

harm. How justly the historians have cried out against the abominable

law of the 22d of Prairial, made by Robespierre to rid himself of his

enemies! All thinkers have handed over to the execration of mankind

this abominable law that abolished the right of defence. It is odious,

it is infamous; but at least it allowed the prisoner to know the charge

against him. Why do you not do as much, you in times which are not

of revolutionary violence, in peace, in tranquillity, when all the

machinery of the public powers is operating freely? Yes, we condemn

a man, a French officer, for he is a French officer, and not of the

least distinguished, belonging to a family which has given proofs of

patriotism. I do not know the Dreyfus family. I only reproduce the

testimony of M. Lalance, which M. Labori has read to you.

“Even if Dreyfus is a traitor, I do not see what interest we can have

in refusing to honor people who are not responsible for the crime

committed, and who have given manifest proofs of love for the French

country. I cannot suffer the error of one to become a burden on all.

If Dreyfus is guilty, let him be punished as severely as you will. You

have my article, in which I say that I ask no pity for him. But, if he

has brothers, children, parents, who have behaved themselves as good

Frenchmen, I hold it a point of honor to do them justice. It is the

misfortune of the times, in which all passions are furiously unchained,

that we will not listen to the voice of reason; that we insult each

other, that we accuse each other. You have even seen here officers who

are old comrades, who tomorrow will vie with each other in deeds of

valor and self-sacrifice, if the country is threatened,--you have seen

them accuse each other, defy each other, and exchange retorts as if

they were sword-thrusts. Tomorrow Colonel Picquart will cross swords

with a companion in arms whom at the bottom of his heart perhaps he

loves. And we, who do not wear the uniform, who are Frenchmen all the

same, and who intend also that France shall be effectively defended,

what do we do? A few of us assert that perhaps a judicial error has

been committed. Then goes up a great cry from the crowd: ‘Traitor!

Scoundrel! Renegade! Agent of the Jews!’ And these are Frenchmen,

gentlemen, who think to serve France by pointing her out as a den of

people who sell themselves; these are Frenchmen, to whom it never

occurs to suppose that their fellow-citizens are capable of French

generosity. They hurl insults, they betray hatred, and it is thus that

they pretend to serve the country.

“Gentlemen, if our enemies do not understand us, it is our duty to

ourselves and to our country to understand them, in order that the

prevailing obscurity may be dissipated. For my part, I consider that

the worst treason, perhaps because it is the most common, is treason

to the French spirit, that spirit of tolerance and justice which has

made us beloved by the peoples of the earth. Even if France were to

disappear tomorrow, we should leave behind us one thing eternal, the

sentiments of liberty and human justice that France unchained upon the

world in 1789. Gentlemen, when the hour of insults is past, when they

have finished outraging us, it will be necessary to reply. And then

what will they offer us? The thing judged. Gentlemen, look above your

heads. See that Christ upon the cross. There is the thing judged, and

it has been put above the judge’s head that the sight of it may not

disturb him. It ought to be placed at the other end of the room, in

order that, before rendering his verdict, the judge might have before

his eyes the greatest example of a judicial error, held up for the

shame of humanity. Oh! I am not one of the worshippers of Christ, in

the sense in which many among you are, perhaps. But, after all, perhaps

I love him more, and certainly I respect him more than do many of those

who preach massacre in the name of the religion of love.

“They also tell us of the honor of the army. On that point I have

answered, but I wanted to cite to you, so odious are these words of

treason, and so revolting is it to me to see them flung so freely

about,--I wanted to cite to you the case of Marshal Bazaine. He was

really a traitor, was he not? He betrayed French soldiers by hundreds

of thousands, at the critical moment when it depended upon him to

change the fortune of our arms and save his country. I wish to indulge

in no declamation here, but I declare, and I defy any man to rise to

contradict me, that Bazaine committed the greatest act of treason

known to the world. Condemned to military degradation and to death,

they spared him both. Tell me, do you think that the responsibility

of commanders is greater than the responsibility of soldiers? Yes,

undoubtedly. Well, if this responsibility is greater, why every day do

they punish simple soldiers so pitilessly, and why do they pardon the

traitor _par excellence_, the traitor who had no excuse, the traitor

whose outstretched hand France awaited on the day of her supreme

disaster. To what _régime_ did they submit him? Let me read you a few

words from a pamphlet by M. Marchi, keeper of the prison of the Sainte

Marguerite Islands. Here are his instructions:

You will treat the prisoner with the greatest regard; in short, at

Sainte Marguerite one must be a man of the world, and not a jailer.

“M. Marchi arrives at Sainte Marguerite. The temporary superintendent

makes him familiar with the service, and informs him, among other

things, that, supposing it to be his duty to watch the condemned man

whenever he went to walk upon the terrace, Lieutenant-Colonel Valley

went to Paris to protest against the conduct of the keeper, wherefore

the keeper had been reprimanded? It would take too long to tell you of

all the instructions. Suffice it to know that cabinet ministers wrote

to Bazaine, that they addressed him as Monsieur the Marshal, and that

there was a question of pensioning him. Boats were allowed to come to

the edge of the terrace, whence he conversed with visitors. On the eve

of his escape he had obtained permission to go out with a guardian.

Well, really, when I compare this tolerance, which is an outrage

upon France and upon the army, with the hatred unchained against

the prisoner on Devil’s Island; when I remember that an artillery

officer named Triponé, who had not only delivered documents, but had

delivered the Bourges detonator, of which we were the only possessors

in Europe, by the complicity of the sub-officer Fessler, to the house

of Armstrong, which then gave the benefit of it to Germany; when I see

that Triponé was sentenced to five years in prison, and was pardoned

after two years and a half, though his crime was certainly not less

than that of Dreyfus,--I say that there is no equality of punishment

between these Christians and this Jew.

“Again, there is another fact. Adjutant Chatelain, who is now in New

Caledonia, perhaps is farming there and raising cattle; his crime,

if I remember rightly, consisted in the sale of certain documents to

Italy. He was not less guilty than Dreyfus. But what a difference

in treatment! They talk of equality before the law. It is a phrase.

We await the reality. They tell us that we have violated the law.

I maintain, on the contrary, that we appear here in the interest

of the law, and I say that we were unable to do otherwise. For the

rectification of a judicial error application was made to the war

department, to the executive power. You know how General Billot

received the application; he refused to act. M. Trarieux applied to

M. Méline; M. Scheurer-Kestner did the same; M. Méline would not even

talk with them. In the senate, discussion, leading to nothing. In

the chamber, discussion, leading to nothing. And similarly with the

council of war, with the investigation by General de Pellieux, with the

investigation by Major Ravary. Now, when all the powers that are the

organs of the law fail in their legal duty, what was left for those

who, like M. Zola, have undertaken the work of justice from which the

powers of justice shrank? M. Zola’s idea is an appeal to the people,

an appeal to the people represented by twelve jurors whom he does not

know, whose opinions none of us know, to pass upon his act, and say

whether they will allow him to bring out the light. If he must be

struck, he is very proud to be struck for this confession of justice

and truth.

“If the jury gives him its aid, the pacification of minds may be

accomplished, and the agitation of this day finished by the legal

reparation due to all who have been deprived of the guarantees of the

law. Without truth, M. Zola can do nothing; he is powerless; he will be

baffled on every hand. With a bit of the truth, M. Zola is invincible.

It is for the jurors to answer to the appeal of truth.

“I have said that the government is fallible. The jurors also have no

higher light. They are men. They do their best. They have the advantage

of being for a time unbiased by _esprit de corps_, and of being able

thus, in perfect liberty of mind, to act in accordance with that need

of superior justice which we all feel. We are before you, gentlemen.

Shortly you will pass judgment. I hope that you may not be governed

by the argument which now controls too many minds. How many Frenchmen

there are who say: ‘Possibly Dreyfus was condemned illegally, but he

was condemned justly, and that is sufficient; so let us say no more

about it.’ Sophism of the _raison d’Etat_, which has done us so much

harm,--which hampered the magnificent movement of the French revolution

by the guillotine and all sorts of violence. Ah! we have torn down the

Bastille. Every 14th of July we dance to celebrate the abolition of the

_raison d’Etat_. But a Bastille still remains within us, and, when we

question ourselves, an illegality committed to the detriment of others

seems to us acceptable, and we say, and we think, that this may be a

little evil for a great good. Profound error. An illegality is a form

of iniquity, since the law is guarantee of justice.

“Gentlemen, all the generals together have no right to say that the

illegality which comes from a certain form of justice, since it is

a denial of it; all the magistrates together,--have no right to say

that illegality can be justice, because the law is nothing but the

guarantee of justice. To do justice outside of the law no one has

either the right or the power. If you wish to render the supreme

service to the country under the present circumstances, establish the

supremacy of the law, the supremacy of justice. Cause to disappear

from our souls that respect for the _raison d’Etat_ so absurd in a

democracy. With Louis XIV, with Napoleon, with men who hold a people in

their hands and govern according to their good pleasure, the _raison

d’Etat_ is intelligible. In a democracy the _raison d’Etat_ is only a

contradiction, a vestige of the past. ‘France is a high moral person,’

said Gambetta. I do not deny it, monarchy or republic. But I say that

the tradition of the _raison d’Etat_ has had its day, and that the hour

has come for us to attach ourselves to the modern idea of liberty and

justice. After the original duty of defence of the soil, nothing can

be more urgent than to establish among us a _régime_ of liberty and

justice, which shall be in accordance with the ambition of our fathers,

an example to all civilized nations.

“At the present hour, I admit, the problem presents itself to you in a

bitter and sorrowful form. Oh! it is very sorrowful to sincere people

to find themselves in hostility with brave soldiers who intended to do

well, who wished to do well, and who, thinking to do well, have not

done well. That happens to civilians not in uniform; that happens to

civilians in uniform,--for soldiers are nothing else.

“From this point of view you are at a turning-point in our history,

and you must submit military society to the control of the civil law,

or abandon to it our most precious conquests. We have not to pass upon

General de Boisdeffre or upon General de Pellieux. They will explain

themselves to their superiors. It is not our affair. They have nothing

to ask of us. But, however painful it may be to find ourselves for

a day in conflict with them, take your course, since no danger can

result, unless you yourselves abandon the cause of the law of justice

which you represent. Thus you will render us the grand service, the

inestimable service, of extinguishing at the beginning the religious

war that threatens to dishonor this country. [Murmurs of protest.]

“Since you protest, so much the better. I am willing to believe that

it is your intention to renew the wars of religion; but, when I see in

France, in our France of Algeria, a pillaging of warehouses; when I see

it boasted in the newspapers that safes have been thrown into the sea,

and that contracts have been torn up; when I see that Jews, while going

to get bread for their families, have been massacred,--I have a right

to say that religious warfare offered no other aspect in the middle

ages; and I say that the jurors of today, in rendering a verdict in

favor of liberty and justice for all, even for Jews, will signify their

intention of putting an end to these excesses by saying to those who

have committed these barbarities: ‘In the name of the French people,

you shall go no farther.’

“Gentlemen, we are the law; we are toleration; we are the defenders of

the army, for we do not separate justice from patriotism, and the army

will not be strong, it will not be respected, unless it derives its

power from respect for the law. I add that we are the defenders of the

army, when we ask you to drive Esterhazy from it. You have driven out

Picquart, and kept Esterhazy. And, gentlemen of the jury, since there

has been reference to your children, tell me who would like to belong

to the same battalion that Esterhazy belongs to? Tell me if you will

trust this officer to lead your children against the enemy? I need only

ask the question. No one will dare reply.

“Gentlemen, we have known terrible shocks in this century. We have

experienced all glories and all disasters. We are now confronted with

the unknown, between all fears and all hopes. Seize the occasion, as we

have seized it, and determine your destinies. It is an august thing,

this judgment of the people upon itself. It is a terrible thing also,

this decision by the people of its future. Your verdict, gentlemen,

will not decide our fates as much as your own. We appear before you.

You appear before history.”

It was six o’clock when M. Clemenceau took his seat and

Attorney-General Van Cassel rose to reply.

“I am obliged to place the question before you anew. M. Zola has

declared that the council of war condemned in obedience to orders. Has

he given the slightest proof of this? He has not even attempted it. For

twelve days we have heard nothing here but insults to the army; and

now, for the last two days, in order that they might be tolerated here,

they have done nothing but repeat that the staff is made up of brave

generals, and that the council of war rendered its verdict in good

faith. The insulters have been forced to hide themselves behind the

army, shouting: ‘Long live the army!’”

To this address M. Labori made rejoinder. Facing the audience, which

was crying “Enough! enough! Down with Labori!” he said:

“This last incident was necessary, in order to show the two parties to

this debate,--those, on the one hand, who plead for justice and right,

and those who shout ‘Enough!’ when, in the name of the accused, the

counsel takes the floor, as is his right.”

Then, turning to the attorney-general, he continued:

“You call me an insulter of the army; for it was at me that your

words were aimed, since it was I who spoke for two days. I am not of

those who are accustomed to such attacks, and I am not of those who

are disposed to submit to them. I do not accept this insult that rises

to me from your seat, Monsieur Attorney-General, however high your

position. From the standpoint of talent you and I are equals. You have

no lesson to give me. I refuse you the right, and I say that you rose

to utter these brief words because you knew that they would let loose

a manifestation which you had a right to expect from a hall packed

against us.”

Then, turning to the jury, he concluded:

“There are two ways of understanding right, gentlemen of the jury. The

question before you is this: Is Zola guilty? Let these clamors dictate

to you, gentlemen, the duty of firmness that is incumbent upon you.

You are the sovereign arbiters. You are higher than the army, higher

than the judicial power. You are the justice of the people, which only

the judgment of history will judge. If you have the courage, declare

Zola guilty of having struggled against all hatreds in behalf of right,

justice, and liberty.”

The session was then suspended, and the jury retired for deliberation.

After thirty-five minutes, it returned. The court came in again. Then

the foreman of the jury rose and said:

“On my honor and my conscience the declaration of the jury is: as

concerns Perrenx, _yes_, by a majority vote. As concerns Zola, _yes_,

by a majority vote.”

Then the air was filled with cries of ‘Long live the army! Long live

France! Down with the insulters! To the door with Jews! Death to Zola!’

amid which Zola sadly cried: ‘These people are cannibals.’

The court then retired to deliberate upon the sentence. Returning a few

minutes later, it condemned M. Perrenx, the _gérant_ of “L’Aurore,”

to an imprisonment of four months and the payment of a fine of three

thousand francs; upon M. Emile Zola it inflicted the maximum penalty of

one year’s imprisonment and a fine of three thousand francs.

The trial thus being ended, the court adjourned; but a day or two later

the council for the accused appealed from the verdict to the higher

court.

The trial of Emile Zola: containing M. Zola's letter to President Faure relating to the Dreyfus case, and a full report of the fifteen days' proceedings in the Assize Court of the Seine, including testimony of witnesses and speeches of counsel · 第 281 / 282 题