Rise and Fall of Cesar Birotteau

“There’ll be warm work down there!” thought Gigonnet, rubbing his hands as he walked away. “Du Tillet will be satisfied; it will make a fine scandal all through the quarter. I don’t know what that poor devil of a perfumer has done to him; for my part I pity the fellow as I do a dog with a broken leg. He isn’t a man, he has got no force.”

Madame Madou bore down, like an insurrectionary wave from the Faubourg Saint-Antoine, upon the shop-door of the hapless Birotteau, which she opened with excessive violence, for her walk had increased her fury.

“Heap of vermin! I want my money; I will have my money! You shall give me my money, or I carry off your scent-bags, and that satin trumpery, and the fans, and everything you’ve got here, for my two thousand francs. Who ever heard of mayors robbing the people? If you don’t pay me I’ll send you to the galleys; I’ll go to the police, – justice shall be done! I won’t leave this place till I’ve got my money.”

She made a gesture as if to break the glass before the shelves on which the valuables were placed.

“Mother Madou takes a drop too much,” whispered Celestin to his neighbor.

The virago overheard him, – for in paroxysms of passion the organs are either paralyzed or trebly acute, – and she forthwith applied to Celestin’s ear the most vigorous blow that ever resounded in a Parisian perfumery.

“Learn to respect women, my angel,” she said, “and don’t smirch the names of the people you rob.”

“Madame,” said Madame Birotteau, entering from the back-shop, where she happened to be with her husband, – whom Pillerault was persuading to go with him, while Cesar, to obey the law, was humbly expressing his willingness to go to prison, – “madame, for heaven’s sake do not raise a mob, and bring a crowd upon us!”

“Hey! let them come,” said the woman; “I’ll tell them a tale that will make you laugh the wrong side of your mouth. Yes, my nuts and my francs, picked up by the sweat of my brow, helped you to give balls. There you are, dressed like the queen of France in woollen which you sheared off the backs of poor sheep such as me! Good God! it would burn my shoulders, that it would, to wear stolen goods! I’ve got nothing but rabbit-skin to cover my carcass, but it is mine! Brigands, thieves, my money or – ”

She darted at a pretty inlaid box containing toilet articles.

“Put that down, madame!” said Cesar, coming forward, “nothing here is mine; everything belongs to my creditors. I own nothing but my own person; if you wish to seize that and put me in prison, I give you my word of honor” – the tears fell from his eyes – “that I will wait here till you have me arrested.”

The tone and gesture were so completely in keeping with his words that Madame Madou’s anger subsided.

“My property has been carried off by a notary; I am innocent of the disasters I cause,” continued Cesar, “but you shall be paid in course of time if I have to die in the effort, and work like a galley-slave as a porter in the markets.”

“Come, you are a good man,” said the market-woman. “Excuse my words, madame; but I may as well go and drown myself, for Gigonnet will hound me down. I can’t get any money for ten months to redeem those damned notes of yours which I gave him.”

“Come and see me to-morrow morning,” said Pillerault, showing himself. “I will get you the money from one of my friends, at five per cent.”

“Hey! if it isn’t the worthy Pere Pillerault! Why, to be sure, he’s your uncle,” she said to Constance. “Well, you are all honest people, and I sha’n’t lose my money, shall I? To-morrow morning, then, old fellow!” she said to the retired iron-monger.

Cesar was determined to live on amid the wreck of his fortunes at “The Queen of Roses,” insisting that he would see his creditors and explain his affairs to them himself. Despite Madame Birotteau’s earnest entreaties, Pillerault seemed to approve of Cesar’s decision and took him back to his own room. The wily old man then went to Monsieur Haudry, explained the case, and obtained from him a prescription for a sleeping draught, which he took to be made up, and then returned to spend the evening with the family. Aided by Cesarine he induced her father to drink with them. The narcotic soon put Cesar to sleep, and when he woke up, fourteen hours later, he was in Pillerault’s bedroom, Rue des Bourdonnais, fairly imprisoned by the old man, who was sleeping himself on a cot-bed in the salon.

When Constance heard the coach containing Pillerault and Cesar roll away from the door, her courage deserted her. Our powers are often stimulated by the necessity of upholding some being feebler than ourselves. The poor woman wept to find herself alone in her home as she would have wept for Cesar dead.

“Mamma,” said Cesarine, sitting on her mother’s knee, and caressing her with the pretty kittenish grace which women only display to perfection amongst themselves, “you said that if I took up my life bravely, you would have strength to bear adversity. Don’t cry, dear mother; I am ready and willing to go into some shop, and I shall never think again of what we once were. I shall be like you in your young days; and you shall never hear a complaint, nor even a regret, from me. I have a hope. Did you not hear what Monsieur Anselme said?”

“That dear boy! he shall not be my son-in-law – ”

“Oh, mamma!”

“ – he shall be my own son.”

“Sorry has one good,” said Cesarine, kissing her mother; “it teaches us to know our true friends.”

The daughter at last eased the pain of the poor woman by changing places and playing the mother to her. The next morning Constance went to the house of the Duc de Lenoncourt, one of the gentlemen of the king’s bedchamber, and left a letter asking for an interview at a later hour of the day. In the interval she went to Monsieur de la Billardiere, and explained to him the situation in which Roguin’s flight had placed Cesar, begging him to go with her to the duke and speak for her, as she feared she might explain matters ill herself. She wanted a place for Birotteau. Birotteau, she said, would be the most upright of cashiers, – if there could be degrees of integrity among honest men.

“The King has just appointed the Comte de Fontaine master of his household; there is no time to be lost in making the application,” said the mayor.

At two o’clock Monsieur de la Billardiere and Madame Cesar went up the grand staircase of the Hotel de Lenoncourt, Rue Saint-Dominique, and were ushered into the presence of the nobleman whom the king preferred to all others, – if it can be said that Louis XVIII. ever had a preference. The gracious welcome of this great lord, who belonged to the small number of true gentlemen whom the preceding century bequeathed to ours, encouraged Madame Cesar. She was dignified, yet simple, in her sorrow. Grief ennobles even the plainest people; for it has a grandeur of its own; to reflect its lustre, a nature must needs be true. Constance was a woman essentially true.

The question was, how to speak to the king at once. In the midst of the conference Monsieur de Vandenesse was announced; and the duke exclaimed, “Here is our support!”

Madame Birotteau was not unknown to this young man, who had been to her shop two or three times in search of those trifles which are sometimes of more importance than greater things. The duke explained Monsieur de la Billardiere’s wishes. As soon as he learned the misfortune which had overtaken the godson of the Marquise d’Uxelles, Vandenesse went at once, accompanied by Monsieur de la Billardiere, to the Comte de Fontaine, begging Madame Birotteau to wait their return. Monsieur le Comte de Fontaine was, like Monsieur de la Billardiere, one of those fine provincial gentlemen, the heroes, almost unknown, who made “la Vendee.” Birotteau was not a stranger to him, for he had seen him in the old days at “The Queen of Roses.” Men who had shed their blood for the royal cause enjoyed at this time certain privileges, which the king kept secret, so as not to give umbrage to the Liberals.

Monsieur de Fontaine, always a favorite with Louis XVIII., was thought to be wholly in his confidence. Not only did the count positively promise a place, but he returned with the two gentlemen to the Duc de Lenoncourt, and asked him to procure for him an audience that very evening; and also to obtain for Billardiere an audience with MONSIEUR, who was greatly attached to the old Vendeen diplomatist.

The same evening, the Comte de Fontaine came from the Tuileries to “The Queen of Roses,” and announced to Madame Birotteau that as soon as the proceedings in bankruptcy were over, her husband would be officially appointed to a situation in the Sinking-fund Office, with a salary of two thousand five hundred francs, – all the functions in the household of the king being overcrowded with noble supernumeraries to whom promises had already been made.

This success was but one part of the task before Madame Birotteau. The poor woman now went to the “Maison du Chat-qui-pelote,” in the Rue Saint-Denis, to find Joseph Lebas. As she walked along she met Madame Roguin in a brilliant equipage, apparently making purchases. Their eyes met; and the shame which the rich woman could not hide as she looked at the ruined woman, gave Constance fresh courage.

“Never will I roll in a carriage bought with the money of others,” she said to herself.

Joseph Lebas received her kindly, and she begged him to obtain a place for Cesarine in some respectable commercial establishment. Lebas made no promises; but eight days later Cesarine had board, lodging, and a salary of three thousand francs from one of the largest linen-drapers in Paris, who was about to open a branch establishment in the quartier des Italiens. Cesarine was put in charge of the desk, and the superintendence of the new shop was entrusted to her; she filled, in fact, a position above that of forewoman, and supplied the place of both master and mistress.

Madame Cesar went from the “Chat-qui-pelote” to the Rue des Cinq-Diamants, and asked Popinot to let her take charge of his accounts and do his writing, and also manage his household. Popinot felt that his was the only house where Cesar’s wife could meet with the respect that was due to her, and find employment without humiliation. The noble lad gave her three thousand francs a year, her board, and his own room; going himself into an attic occupied by one of his clerks. Thus it happened that the beautiful woman, after one month’s enjoyment of her sumptuous home, came to live in the wretched chamber looking into a damp, dark court, where Gaudissart, Anselme, and Finot had inaugurated Cephalic Oil.

When Molineux, appointed agent by the Court of Commerce, came to take possession of Cesar Birotteau’s assets, Madame Birotteau, aided by Celestin, went over the inventory with him. Then the mother and daughter, plainly dressed, left the house on foot and went to their uncle Pillerault’s, without once turning their heads to look at the home where they had passed the greater part of their lives. They walked in silence to the Rue des Bourdonnais, where they were to dine with Cesar for the first time since their separation. It was a sad dinner. Each had had time for reflection, – time to weigh the duties before them, and sound the depths of their courage. All three were like sailors ready to face foul weather, but not deceived as to their danger. Birotteau gathered courage as he was told of the interest people in high places had taken in finding employment for him, but he wept when he heard what his daughter was to become. Then he held out his hand to his wife, as he saw the courage with which she had returned to labor. Old Pillerault’s eyes were wet, for the last time in his life, as he looked at these three beings folded together in one embrace; from the centre of which Birotteau, feeblest of the three and the most stricken, raised his hands, saying: —

“Let us have hope!”

“You shall live with me,” said Pillerault, “for the sake of economy; you shall have my chamber, and share my bread. I have long been lonely; you shall replace the poor child I lost. From my house it is but a step to your office in the Rue de l’Oratoire.”

“God of mercy!” exclaimed Birotteau; “in the worst of a storm a star guides me.”

Resignation is the last stage of man’s misfortune. From this moment Cesar’s downfall was accomplished; he accepted it, and strength returned to him.

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.