Chapter XII: Part II: Cesar Grappling with Misfortune (5)

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.

Early in the morning of the solemn day, Pillerault said to his nephew,--

“Cesar, you can go to your meeting to-day without fear; nobody will be there.”

Monsieur Ragon wished to accompany his debtor. When the former master of “The Queen of Roses” first made known the wish in his little dry voice, his ex-successor turned pale; but the good old man opened his arms, and Birotteau threw himself into them as a child into the arms of its father, and the two perfumers mingled their tears. The bankrupt gathered courage as he felt the indulgences shown to him, and he got into the coach with his uncle and Ragon. Precisely at half past ten o’clock the three reached the cloister Saint-Merri, where the Court of Commerce was then held. At that hour there was no one in the Hall of Bankruptcy. The day and the hour had been chosen by agreement with the judge and the assignees. The three solicitors were already there on behalf of their clients. There was nothing, therefore, to distress or intimidate Cesar Birotteau; yet the poor man could not enter the office of Monsieur Camusot--which chanced to be the one he had formerly occupied--without deep emotion, and he shuddered as he passed through the Hall of Bankruptcy.

“It is cold,” said Monsieur Camusot to Birotteau. “I am sure these gentlemen will not be sorry to stay here, instead of our going to freeze in the Hall.” He did not say the word “Bankruptcy.” “Gentlemen, be seated.”

Each took his seat, and the judge gave his own armchair to Birotteau, who was bewildered. The solicitors and the assignees signed the papers.

“In consideration of the surrender of your entire property,” said Camusot to Birotteau, “your creditors unanimously agree to relinquish the rest of their claims. Your certificate is couched in terms which may well soften your pain; your solicitor will see that it is promptly recorded; you are now free. All the judges of this court, dear Monsieur Birotteau,” said Camusot, taking him by the hand, “feel for your position, and are not surprised at your courage; none have failed to do justice to your integrity. In the midst of a great misfortune you have been worthy of what you once were here. I have been in business for twenty years, and this is only the second time that I have seen a fallen merchant gaining, instead of losing, public respect.”

Birotteau took the hands of the judge and wrung them, with tears in his eyes. Camusot asked him what he now meant to do. Birotteau replied that he should work till he had paid his creditors in full to the last penny.

“If to accomplish that noble task you should ever want a few thousand francs, you will always find them with me,” said Camusot. “I would give them with a great deal of pleasure to witness a deed so rare in Paris.”

Pillerault, Ragon, and Birotteau retired.

“Well! that wasn’t the ocean to drink,” said Pillerault, as they left the court-room.

“I recognize your hand in it,” said the poor man, much affected.

“Now, here you are, free, and we are only a few steps from the Rue des Cinq-Diamants; come and see my nephew,” said Ragon.

A cruel pang shot through Cesar’s heart when he saw Constance sitting in a little office in the damp, dark _entresol_ above the shop, whose single window was one third darkened by a sign which intercepted the daylight and bore the name,--A. POPINOT.

“Behold a lieutenant of Alexander,” said Cesar, with the gaiety of grief, pointing to the sign.

This forced gaiety, through which an inextinguishable sense of the superiority which Birotteau attributed to himself was naively revealed, made Ragon shudder in spite of his seventy years. Cesar saw his wife passing down letters and papers for Popinot to sign; he could neither restrain his tears nor keep his face from turning pale.

“Good-morning, my friend,” she said to him, smiling.

“I do not ask if you are comfortable here,” said Cesar, looking at Popinot.

“As if I were living with my own son,” she answered, with a tender manner that struck her husband.

Birotteau took Popinot and kissed him, saying,--

“I have lost the right, forever, of calling him my son.”

“Let us hope!” said Popinot. “_Your_ oil succeeds--thanks to my advertisements in the newspapers, and to Gaudissart, who has travelled over the whole of France; he has inundated the country with placards and prospectuses; he is now at Strasburg getting the prospectuses printed in the German language, and he is about to descend, like an invasion, upon Germany itself. We have received orders for three thousand gross.”

“Three thousand gross!” exclaimed Cesar.

“And I have bought a piece of land in the Faubourg Saint-Marceau,--not dear,--where I am building a manufactory.”

“Wife,” whispered Cesar to Constance, “with a little help we might have pulled through.”

* * * * *

After that fatal day Cesar, his wife, and daughter understood each other. The poor clerk resolved to attain an end which, if not impossible, was at least gigantic in its enterprise,--namely, the payment of his debts to their last penny. These three beings,--father, mother, daughter,--bound together by the tie of a passionate integrity, became misers, denying themselves everything; a farthing was sacred in their eyes. Out of sheer calculation Cesarine threw herself into her business with the devotion of a young girl. She sat up at night, taxing her ingenuity to find ways of increasing the prosperity of the establishment, and displaying an innate commercial talent. The masters of the house were obliged to check her ardor for work; they rewarded her by presents, but she refused all articles of dress and the jewels which they offered her. Money! money! was her cry. Every month she carried her salary and her little earnings to her uncle Pillerault. Cesar did the same; so did Madame Birotteau. All three, feeling themselves incapable, dared not take upon themselves the responsibility of managing their money, and they made over to Pillerault the whole business of investing their savings. Returning thus to business, the latter made the most of these funds by negotiations at the Bourse. It was known afterwards that he had been helped in this work by Jules Desmarets and Joseph Lebas, both of whom were eager to point out opportunities which Pillerault might take without risk.

Cesar, though he lived with his uncle, never ventured to question him as to what was done with the money acquired by his labor and that of his wife and daughter. He walked the streets with a bowed head, hiding from every eye his stricken, dull, distraught face. He felt, with self-reproach, that the cloth he wore was too good for him.

“At least,” he said to Pillerault, with a look that was angelic, “I do not eat the bread of my creditors. Your bread is sweet to me, though it is your pity that gives it; thanks to your sacred charity, I do not steal a farthing of my salary!”

The merchants, his old associates, who met the clerk could see no vestige of the perfumer. Even careless minds gained an idea of the immensity of human disaster from the aspect of this man, on whose face sorrow had cast its black pall, who revealed the havoc caused by that which had never before appeared in him,--by thought! _N’est pas detruit qui veut_. Light-minded people, devoid of conscience, to whom all things are indifferent, can never present such a spectacle of disaster. Religion alone sets a special seal upon fallen human beings; they believe in a future, in a divine Providence; from within them gleams a light that marks them, a look of saintly resignation mingled with hope, which lends them a certain tender emotion; they realize all that they have lost, like the exiled angel weeping at the gates of heaven. Bankrupts are forbidden to enter the Bourse. Cesar, driven from the regions of integrity, was like an angel sighing for pardon. For fourteen months he lived on, full of religious thoughts with which his fall inspired him, and denying himself every pleasure. Though sure of the Ragons’ friendship, nothing could induce him to dine with them, nor with the Lebas, nor the Matifats, nor the Protez and Chiffrevilles, not even with Monsieur Vauquelin; all of whom were eager to do honor to his rare virtue. Cesar preferred to be alone in his room rather than meet the eye of a creditor. The warmest greetings of his friends reminded him the more bitterly of his position. Constance and Cesarine went nowhere. On Sundays and fete days, the only days when they were at liberty, the two women went to fetch Cesar at the hour for Mass, and they stayed with him at Pillerault’s after their religious duties were accomplished. Pillerault often invited the Abbe Loraux, whose words sustained Cesar in this life of trial. And in this way their lives were spent. The old ironmonger had too tough a fibre of integrity not to approve of Cesar’s sensitive honor. His mind, however, turned on increasing the number of persons among whom the poor bankrupt might show himself with an open brow, and an eye that could meet the eyes of his fellows.

VII

In the month of May, 1821, this family, ever grappling with adversity, received a first reward for its efforts at a little fete which Pillerault, the arbiter of its destinies, prepared for it. The last Sunday of that month was the anniversary of the day on which Constance had consented to marry Cesar. Pillerault, in concert with the Ragons, hired a little country-house at Sceaux, and the worthy old ironmonger silently prepared a joyous house-warming.

“Cesar,” said Pillerault, on the Saturday evening, “to-morrow we are all going into the country, and you must come.”

Cesar, who wrote a superb hand, spent his evenings in copying for Derville and other lawyers. On Sundays, justified by ecclesiastical permission, he worked like a Negro.

“No,” he said, “Monsieur Derville is waiting for a guardianship account.”

“Your wife and daughter ought to have some reward. You will meet none but our particular friends,--the Abbe Loraux, the Ragons, Popinot, and his uncle. Besides, I wish it.”

Cesar and his wife, carried along by the whirlwind of business, had never revisited Sceaux, though from time to time each longed to see once more the tree under which the head-clerk of “The Queen of Roses” had fainted with joy. During the trip, which Cesar made in a hackney-coach with his wife and daughter, and Popinot who escorted them, Constance cast many meaning glances at her husband without bringing to his lips a single smile. She whispered a few words in his ear; for all answer he shook his head. The soft signs of her tenderness, ever-present yet at the moment forced, instead of brightening Cesar’s face made it more sombre, and brought the long-repressed tears into his eyes. Poor man! he had gone over this road twenty years before, young, prosperous, full of hope, the lover of a girl as beautiful as their own Cesarine; he was dreaming then of happiness. To-day, in the coach before him, sat his noble child pale and worn by vigils, and his brave wife, whose only beauty now was that of cities through whose streets have flowed the lava waves of a volcano. Love alone remained to him! Cesar’s sadness smothered the joy that welled up in the hearts of Cesarine and Anselme, who embodied to his eyes the charming scene of other days.

“Be happy, my children! you have earned the right,” said the poor father in heart-rending tones. “You may love without one bitter thought.”

As he said these words he took his wife’s hands and kissed them with a sacred and admiring effect which touched Constance more than the brightest gaiety. When they reached the house where Pillerault, the Ragons, the Abbe Loraux, and Popinot the judge were waiting for them, these five choice people assumed an air and manner and speech which put Cesar at his ease; for all were deeply moved to see him still on the morrow of his great disaster.

“Go and take a walk in the Aulnay woods,” said Pillerault, putting Cesar’s hand into that of Constance; “go with Anselme and Cesarine! but come back by four o’clock.”

“Poor souls, we should be a restraint upon them,” said Madame Ragon, touched by the deep grief of her debtor. “He will be very happy presently.”

“It is repentance without sin,” said the Abbe Loraux.

“He could rise to greatness only through adversity,” said the judge.

To forget is the great secret of strong, creative natures,--to forget, in the way of Nature herself, who knows no past, who begins afresh, at every hour, the mysteries of her untiring travail.

Feeble existences, like that of Birotteau, live sunk in sorrows, instead of transmuting them into doctrines of experience: they let them saturate their being, and are worn-out, finally, by falling more and more under the weight of past misfortunes.

When the two couples reached the path which leads to the woods of Aulnay, placed like a crown upon the prettiest hillside in the neighborhood of Paris, and from which the Vallee-aux-Loups is seen in all its coquetry, the beauty of the day, the charm of the landscape, the first spring verdure, the delicious memory of the happiest day of all his youth, loosened the tight chords in Cesar’s soul; he pressed the arm of his wife against his beating heart; his eye was no longer glassy, for the light of pleasure once more brightened in it.

“At last,” said Constance to her husband, “I see you again, my poor Cesar. I think we have all behaved well enough to allow ourselves a little pleasure now and then.”

“Ought I?” said the poor man. “Ah! Constance, thy affection is all that remains to me. Yes, I have lost even my old self-confidence; I have no strength left; my only desire is that I may live to die discharged of debt on earth. Thou, dear wife, thou who art my wisdom and my prudence, thou whose eyes saw clear, thou who art irreproachable, thou canst have pleasure. I alone--of us three--am guilty. Eighteen months ago, in the midst of that fatal ball, I saw my Constance, the only woman I have ever loved, more beautiful than the young girl I followed along this path twenty years ago--like our children yonder! In eighteen months I have blasted that beauty,--my pride, my legitimate and sanctioned pride. I love thee better since I know thee well. Oh, _dear_!” he said, giving to the word a tone which reached to the inmost heart of his wife, “I would rather have thee scold me, than see thee so tender to my pain.”

“I did not think,” she said, “that after twenty years of married life the love of a wife for her husband could deepen.”

These words drove from Cesar’s mind, for one brief moment, all his sorrows; his heart was so true that they were to him a fortune. He walked forward almost joyously to _their_ tree, which by chance had not been felled. Husband and wife sat down beneath it, watching Anselme and Cesarine, who were sauntering across the grassy slope without perceiving them, thinking probably that they were still following.

“Mademoiselle,” Anselme was saying, “do not think me so base and grasping as to profit by your father’s share which I have acquired in the Cephalic Oil. I am keeping his share for him; I nurse it with careful love. I invest the profits; if there is any loss I put it to my own account. We can only belong to one another on the day when your father is restored to his position, free of debt. I work for that day with all the strength that love has given me.”

“Will it come soon?” she said.

“Soon,” said Popinot. The word was uttered in a tone so full of meaning, that the chaste and pure young girl inclined her head to her dear Anselme, who laid an eager and respectful kiss upon her brow,--so noble was her gesture and action.

“Papa, all is well,” she said to Cesar with a little air of confidence. “Be good and sweet; talk to us, put away that sad look.”

When this family, so tenderly bound together, re-entered the house, even Cesar, little observing as he was, saw a change in the manner of the Ragons which seemed to denote some remarkable event. The greeting of Madame Ragon was particularly impressive; her look and accent seemed to say to Cesar, “We are paid.”

At the dessert, the notary of Sceaux appeared. Pillerault made him sit down, and then looked at Cesar, who began to suspect a surprise, though he was far indeed from imagining the extent of it.

“My nephew, the savings of your wife, your daughter, and yourself, for the last eighteen months, amounted to twenty thousand francs. I have received thirty thousand by the dividend on my claim. We have therefore fifty thousand francs to divide among your creditors. Monsieur Ragon has received thirty thousand francs for his dividend, and you have now paid him the balance of his claim in full, interest included, for which monsieur here, the notary of Sceaux, has brought you a receipt. The rest of the money is with Crottat, ready for Lourdois, Madame Madou, the mason, carpenter, and the other most pressing creditors. Next year, we may do as well. With time and patience we can go far.”

Birotteau’s joy is not to be described; he threw himself into his uncle’s arms, weeping.

“May he not wear his cross?” said Ragon to the Abbe Loraux.

The confessor fastened the red ribbon to Cesar’s buttonhole. The poor clerk looked at himself again and again during the evening in the mirrors of the salon, manifesting a joy at which people thinking themselves superior might have laughed, but which these good bourgeois thought quite natural.

The next day Birotteau went to find Madame Madou.

“Ah, there you are, good soul!” she cried. “I didn’t recognize you, you have turned so gray. Yet you don’t really drudge, you people; you’ve got good places. As for me, I work like a turnspit that deserves baptism.”

“But, madame--”

“Never mind, I don’t mean it as a reproach,” she said. “You have got my receipt.”

“I came to tell you that I shall pay you to-morrow, at Monsieur Crottat’s, the rest of your claim in full, with interest.”

“Is that true?”

“Be there at eleven o’clock.”

“Hey! there’s honor for you! good measure and running over!” she cried with naive admiration. “Look here, my good monsieur, I am doing a fine trade with your little red-head. He’s a nice young fellow; he lets me earn a fair penny without haggling over it, so that I may get an equivalent for that loss. Well, I’ll get you a receipt in full, anyhow; you keep the money, my poor old man! La Madou may get in a fury, and she does scold; but she has got something here--” she cried, thumping the most voluminous mounds of flesh ever yet seen in the markets.

“No,” said Birotteau, “the law is plain. I wish to pay you in full.”

“Then I won’t deny you the pleasure,” she said; “and to-morrow I’ll trumpet your conduct through the markets. Ha! it’s rare, rare!”

The worthy man had much the same scene, with variations, at Lourdois the house painter’s, father-in-law of Crottat. It was raining; Cesar left his umbrella at the corner of the door. The prosperous painter, seeing the water trickling into the room where he was breakfasting with his wife, was not tender.

“Come, what do you want, my poor Pere Birotteau?” he said, in the hard tone which some people take to importunate beggars.

“Monsieur, has not your son-in-law told you--”

“What?” cried Lourdois, expecting some appeal.

“To be at his office this morning at half past eleven, and give me a receipt for the payment of your claims in full, with interest?”

“Ah, that’s another thing! Sit down, Monsieur Birotteau, and eat a mouthful with us.”

“Do us the pleasure to share our breakfast,” said Madame Lourdois.

“You are doing well, then?” asked the fat Lourdois.

“No, monsieur, I have lived from hand to mouth, that I might scrape up this money; but I hope, in time, to repair the wrongs I have done to my neighbor.”

“Ah!” said the painter, swallowing a mouthful of _pate de foie gras_, “you are truly a man of honor.”

“What is Madame Birotteau doing?” asked Madame Lourdois.

“She is keeping the books of Monsieur Anselme Popinot.”

“Poor people!” said Madame Lourdois, in a low voice to her husband.

“If you ever need me, my dear Monsieur Birotteau, come and see me,” said Lourdois. “I might help--”

“I do need you--at eleven o’clock to-day, monsieur,” said Birotteau, retiring.

* * * * *

This first result gave courage to the poor bankrupt, but not peace of mind. On the contrary, the thought of regaining his honor agitated his life inordinately; he completely lost the natural color of his cheeks, his eyes grew sunken and dim, and his face hollow. When old acquaintances met him, in the morning at eight o’clock or in the evening at four, as he went to and from the Rue de l’Oratoire, wearing the surtout coat he wore at the time of his fall, and which he husbanded as a poor sub-lieutenant husbands his uniform,--his hair entirely white, his face pale, his manner timid,--some few would stop him in spite of himself; for his eye was alert to avoid those he knew as he crept along beside the walls, like a thief.

“Your conduct is known, my friend,” said one; “everybody regrets the sternness with which you treat yourself, also your wife and daughter.”

“Take a little more time,” said others; “the wounds of money do not kill.”

“No, but the wounds of the soul do,” the poor worn Cesar answered one day to his friend Matifat.

* * * * *

At the beginning of the year 1822, the Canal Saint-Martin was begun. Land in the Faubourg du Temple increased enormously in value. The canal would cut through the property which du Tillet had bought of Cesar Birotteau. The company who obtained the right of building it agreed to pay the banker an exorbitant sum, provided they could take possession within a given time. The lease Cesar had granted to Popinot, which went with the sale to du Tillet, now hindered the transfer to the canal company. The banker came to the Rue des Cinq-Diamants to see the druggist. If du Tillet was indifferent to Popinot, it is very certain that the lover of Cesarine felt an instinctive hatred for du Tillet. He knew nothing of the theft and the infamous scheme of the prosperous banker, but an inward voice cried to him, “The man is an unpunished rascal.” Popinot would never have transacted the smallest business with him; du Tillet’s very presence was odious to his feelings. Under the present circumstances it was doubly so, for the banker was now enriched through the forced spoliation of his former master; the lands about the Madeleine, as well as those in the Faubourg du Temple, were beginning to rise in price, and to foreshadow the enormous value they were to reach in 1827. So that after du Tillet had explained the object of his visit, Popinot looked at him with concentrated wrath.

“I shall not refuse to give up my lease; but I demand sixty thousand francs for it, and I shall not take one farthing less.”

“Sixty thousand francs!” exclaimed du Tillet, making a movement to leave the shop.

“I have fifteen years’ lease still to run; it will, moreover, cost me three thousand francs a year to get other buildings. Therefore, sixty thousand francs, or say no more about it,” said Popinot, going to the back of the shop, where du Tillet followed him.