initial évariste gamelin was to enter on his duties on the 14th september, when the reorganization of the tribunal was complete, according to which it was henceforth subdivided into four sections with fifteen jurors for each. the prisons were full to overflowing; the public prosecutor was working eighteen hours a day. defeats in the field, revolts in the provinces, conspiracies, plots, betrayals, the convention had one panacea for them all,—terror. the gods were athirst.
the first act of the new juror was to pay a visit of ceremony to the president herman, who charmed him by the amiability of his conversation and the courtesy of his bearing. a compatriot and friend of robespierre's, whose sentiments he shared, he showed every sign of a feeling and virtuous temper. he was deeply attached to those humane sentiments, too long foreign to the heart of our judges, that redound to the everlasting glory of a dupaty and a beccaria. he looked with complacency on the greater mildness of modern manners as evidenced, in judicial matters, by the abolition of torture and of ignominious or cruel forms of punishment. he was rejoiced to see the death penalty, once so recklessly inflicted and employed till quite lately for the repression of the most trifling offences, applied less frequently and reserved for heinous crimes. for his own part, he agreed with robespierre and would gladly have seen it abolished altogether, except only in cases touching the public safety. at the same time, he would have deemed it treason to the state not to adjudge the punishment of death for crimes against the national sovereignty.
all his colleagues were of like mind; the old monarchical idea of reasons of state still inspired the revolutionary tribunal. eight centuries of absolute power had moulded the magisterial conscience, and it was by the principles of divine right that the court even now tried and sentenced the enemies of liberty.
the same day évariste gamelin sought an interview with the public prosecutor, the citoyen fouquier, who received him in the cabinet where he used to work with his clerk of the court. he was a sturdily built man, with a rough voice, catlike eyes, bearing in his pock-marked face and leaden complexion marks of the mischief wrought by a sedentary and indoor life on a vigorous constitution adapted to the open air and violent exercise. towering piles of papers shut him in like the walls of a tomb, and it was plain to see he was in his element amid all these dreadful documents that seemed like to bury him alive. his conversation was that of a hard-working magistrate, a man devoted to his task and whose mind never left the narrow groove of his official duties. his fiery breath reeked of the brandy he took to keep up his strength; but the liquor seemed never to fly to his brain, so clear-headed, albeit entirely commonplace, was every word he uttered.
he lived in a small suite of rooms in the palais de justice with his young wife, who had given him twin boys. his wife, an aunt henriette and the maid-servant pélagie made up the whole household. he was good and kind to these women. in a word, he was an excellent person in his family and professional relations, with a scarcity of ideas and a total lack of imagination.
gamelin could not help being struck unpleasantly by the close resemblance in temper and ways of thought between the new magistrates and their predecessors under the old régime. in fact, they were of the old régime; herman had held the office of advocate general to the council of artois; fouquier was a former procureur at the chatelet. they had preserved their character, whereas gamelin believed in a revolutionary palingenesis.
quitting the precincts of the court, he passed along the great gallery of the palace and halted in front of the shops where articles of every sort and kind were exposed for sale in the most attractive fashion. standing before the citoyenne ténot's stall, he turned over sundry historical, political, and philosophical works:—"the chains of slavery," "an essay on despotism," "the crimes of queens." "very good!" he thought, "here is republican stuff!" and he asked the woman if she sold a great many of these books. she shook her head:
"the only things that sell are songs and romances,"—and pulling a duodecimo volume out of a drawer:
"here," she told him, "here we have something good."
évariste read the title: "la religieuse en chemise," "the nun in dishabille!"
before the next shop he came upon philippe desmahis, who, with a tender, conquering-hero air, among the citoyenne saint-jorre's perfumes and powders and sachets, was assuring the fair tradeswoman of his undying love, promising to paint her portrait and begging her to vouchsafe him a moment's talk that evening in the tuileries gardens. there was no resisting him; persuasion sat on his lips and beamed from his eye. the citoyenne saint-jorre was listening without a word, her eyes on the ground, only too ready to believe him.
wishing to familiarize himself with the awful duties imposed on him, the new juror resolved to mingle with the throng and look on at a case before the tribunal as a member of the general public. he climbed the great stairs on which a vast crowd was seated as in an amphitheatre and pushed his way into the ancient hall of the parlement of paris.
this was crammed to suffocation; some general or other was taking his trial. for in those days, as old brotteaux put it, "the convention, copying the example of his britannic majesty's government, made a point of arraigning beaten generals, in default of traitorous generals, the latter taking good care not to stand their trial. not that a beaten general," brotteaux would add, "is necessarily criminal, for in the nature of things there must be one in every battle. but there's nothing like condemning a general to death for giving encouragement to others."
several had already appeared before the tribunal; they were all alike, these empty-headed, opinionated soldiers with the brains of a sparrow in an ox's skull. this particular commander was pretty nearly as ignorant of the sieges and battles of his own campaign as the magistrates who were questioning him; both sides, prosecution and defence, were lost in a fog of effectives, objectives, munitions and ammunitions, marches and counter-marches. but the mass of citizens listening to these obscure and never-ending details could see behind the half-witted soldier the bare and bleeding breast of the fatherland enduring a thousand deaths; and by look and voice urged the jurymen, sitting quietly on their bench, to use their verdict as a club to fell the foes of the republic.
évariste was firmly convinced of one thing,—what they had to strike at in the pitiful creature was the two dread monsters that were battening on the fatherland, revolt and defeat. what a to-do to discover if this particular soldier was innocent or guilty! when la vendée was recovering heart, when toulon was surrendering to the enemy, when the army of the rhine was recoiling before the victors of mayence, when the army of the north, cowering in c?sar's camp, might be taken at a blow by the imperialists, the english, the dutch, now masters of valenciennes, the one important thing was to teach the generals of the republic to conquer or to die. to see yonder feeble-witted muddle-pated veteran losing himself under cross-examination among his maps as he had done before in the plains of northern france, gamelin longed to yell "death! death!" with the rest, and fled from the hall of audience to escape the temptation.
at the meeting of the section, the newly appointed juryman received the congratulations of the president olivier, who made him swear on the old high altar of the barnabites, now altar of the fatherland, to stifle in his heart, in the sacred name of humanity, every human weakness.
gamelin, with uplifted right hand, invoked as witness of his oath the august shade of marat, martyr of liberty, whose bust had lately been set up against a pillar of the erstwhile church, facing that of le peltier.
there was some applause, interrupted by cries of protest. the meeting was a stormy one; at the entrance of the nave stood a group of members of the section, armed with pikes and shouting clamorously:
"it is anti-republican," declared the president, "to carry arms at a meeting of free citizens,"—and he ordered the muskets and pikes to be deposited there and then in the erstwhile sacristy.
a hunchback, with blazing eyes and lips drawn back so as to show the teeth, the citoyen beauvisage, of the committee of vigilance, mounted to the pulpit, now become the speakers' tribune and surmounted by a red cap of liberty.
"the generals are betraying us," he vociferated, "and surrendering our armies to the enemy. the imperialists are pushing forward their cavalry around péronne and saint-quentin. toulon has been given up to the english, who are landing fourteen thousand men there. the foes of the republic are busy with plots in the very bosom of the convention. in the capital conspiracies without number are afoot to deliver the austrian. at this very moment while i speak there runs a rumour that the capet brat has escaped from the temple and is being borne in triumph to saint-cloud by those who would fain re-erect the tyrant's throne in his favour. the dearness of food, the depreciation of the assignats are the direct result of man?uvres carried out in our own homes, beneath our very eyes, by the agents of the foreigners. in the name of public safety i call upon the new juryman, our fellow-citizen, to show no pity to conspirators and traitors."
as he left the tribune, cries rose among the audience: "down with the revolutionary tribunal! down with the moderates!"
a stout, rosy-faced man, the citoyen dupont senior, a joiner living in the place de thionville, mounted the tribune, announcing that he wished to ask a question of the new juror. then he demanded of gamelin what attitude he meant to take up in the matter of the brissotins and of the widow capet.
évariste was timid and unpractised in public speaking. but indignation gave him eloquence. he rose with a pale face and said in a voice of suppressed emotion:
"i am a magistrate. i am responsible to my conscience only. any promise i might make you would be against my duty, which is to speak in the court and hold my peace elsewhere. i have ceased to know you. it is mine to give judgment; i know neither friends nor enemies."
the meeting, made up like all meetings of divers elements and subject to sudden and incalculable moods, approved these sentiments. but the citoyen dupont returned to the charge; he could not forgive gamelin for having secured a post he had coveted himself.
"i understand," he said, "i even approve the juror's scruples. they say he is a patriot; it is for him to examine his conscience and see if it permits him to sit on a tribunal intended to destroy the enemies of the republic and resolved to spare them. there are circumstances in which a good citizen is bound to repudiate all complicity. is it not averred that more than one juror of this tribunal has let himself be corrupted by the gold of the accused, and that the president montané falsified the procedure to save the head of the woman corday?"
at the words the hall resounded with vehement applause. the vaults were still reverberating with the uproar when fortuné trubert mounted the tribune. he had grown thinner than ever in the last few months. his face was pale and the cheek-bones seemed ready to pierce the reddened skin; his eyes had a glassy look under the inflamed lids.
"citoyens," he began, in a weak, breathless voice that yet had a strangely penetrating quality, "we cannot suspect the revolutionary tribunal without at the same time suspecting the convention and the committee of public safety from which it derives its powers. the citoyen beauvisage has alarmed us, showing us the president montané tampering with the course of justice in favour of a culprit. why did he not add, to relieve our fears, that on the denunciation of the public prosecutor, montané has been dismissed his office and thrown into prison?... is it impossible to watch over the public safety without casting suspicion on all and sundry? is there no talent, no virtue left in the convention? robespierre, couthon, saint-just, are not these honest men? it is a notable thing that the most violent language is held by individuals who have never been known to fight for the republic. they could speak no otherwise if they wish to render her hateful. citoyens, less talk, say i, and more work! it is with shot and shell and not with shouting that france will be saved. one-half the cellars of the section have not been dug up. not a few citizens still hold considerable quantities of bronze. we would remind the rich that patriotic gifts are for them the most potent guarantees. i recommend to your generosity the wives and daughters of our soldiers who are covering themselves with glory on the frontiers and on the loire. one of these, the hussar pommier (augustin), formerly a cellarman's lad in the rue de jérusalem, on the 10th of last month, before condé, when watering the troop horses, was set upon by six austrian cavalrymen; he killed two of them and brought in the others prisoners. i ask the section to declare that pommier (augustin) has done his duty."
this speech was applauded and the sectionaries dispersed with cries of "vive la république!"
left alone in the nave with trubert, gamelin pressed the latter's hand.
"thank you. how are you?"
"i? oh! very well, very well!" replied trubert, coughing and spitting blood into his handkerchief. "the republic has many enemies without and within, and our own section counts a not inconsiderable number of them. it is not with loud talk but with iron and laws that empires are founded ... good night, gamelin; i have letters to write."
and he disappeared, his handkerchief pressed to his lips, into the old-time sacristy.
the widow gamelin, her cockade now and henceforth fastened more carefully in her hood, had from one day to the next assumed a fine, consequential air, a republican haughtiness and the dignified carriage suitable to the mother of a juror of the state.
the veneration for the law in which she had been brought up, the admiration with which the magistrate's gown and cassock had from a child inspired her, the holy terror she had always experienced at sight of those to whom god had delegated on earth his divine right of life and death, these feelings made her regard as an august and worshipful and holy being the son whom till yesterday she had thought of as little more than a child. to her simple mind the conviction of the continuity of justice through all the changes of the revolution was as strong as was that of the legislators of the convention regarding the continuity of the state under varying systems of government, and the revolutionary tribunal appeared to her every whit as majestic as any of the time-honoured jurisdictions she had been taught to revere.
the citoyen brotteaux showed the young magistrate an interest mingled with surprise and a reluctant deference. his views were the same as the widow gamelin's as to the continuity of justice under successive governments; but, in flat contradiction to that good lady's attitude, his scorn for the revolutionary tribunals was on a par with his contempt for the courts of the ancien régime. not daring to express his opinions openly and unable to make up his mind to say nothing, he indulged in a string of paradoxes which gamelin understood just well enough to suspect the anti-patriotism that underlay them.
"the august tribunal whereon you are soon to take your seat," he told him on one occasion, "was instituted by the french senate for the security of the republic; and it was for certain a magnanimous thought on the part of our legislators to set up a court to try our enemies. i appreciate its generosity, but i doubt its wisdom. it would have shown greater astuteness, it seems to me, if they had struck down in the dark the more irreconcilable of their adversaries and won over the rest by gifts and promises. a tribunal strikes slowly and effects more harm than it inspires fear; its first duty is to make an example. the mischief yours does is to unite together all whom it terrifies and make out of a mass of contradictory interests and passions a great party capable of common and effective action. you sow fear broadcast, and it is terror more than courage that produces heroes; i pray, citoyen, you may not one day see prodigies of terror arrayed against you!"
the engraver desmahis, in love that week with a light o' love of the palais-égalité named flora, a brown-locked giantess, had nevertheless found five minutes to congratulate his comrade and tell him that such an appointment was a great compliment to the fine arts.
élodie herself, though without knowing it she detested everything revolutionary and who dreaded official functions as the most dangerous of rivals, the most likely to estrange her lover's affections, the tender élodie was impressed by the glamour attaching to a magistrate called upon to pronounce judgment in matters of life and death. besides which, évariste's promotion as a juryman was followed by other fortunate results that filled her loving heart with satisfaction; the citoyen jean blaise made a point of calling at the studio in the place de thionville and embraced the young juror affectionately in a burst of manly sympathy.
like all the anti-revolutionaries, he had a great respect for the authorities established by the republic, and ever since he had been denounced for fraud in connection with his supplies for the army, the revolutionary tribunal had inspired him with a wholesome dread. he felt himself to be a person too much in the public eye and mixed up in too many transactions to enjoy perfect security; so the citoyen gamelin struck him as a friend worth cultivating. when all was said, one was a good citizen and on the side of justice.
he gave the painter magistrate his hand, declaring himself his true friend and a true patriot, a well-wisher of the arts and of liberty. gamelin forgot his injuries and pressed the hand so generously offered.
"citoyen évariste gamelin," said jean blaise, "i appeal to you as a friend and as a man of talent. i am going to take you to-morrow for two days' jaunt in the country; you can do some drawing and we can enjoy a talk."
several times every year the print-dealer was in the habit of making a two or three days' expedition of this sort in the company of artists who made drawings, according to his suggestions, of landscapes and ruins. he was quick to see what would please the public and these little journeys always resulted in some picturesque bits which were then finished at home and cleverly engraved; prints in red or colours were struck off from these, and brought in a good profit to the citoyen blaise. from the same sketches he had over-doors and panels executed, which sold as well or better than the decorative works of hubert robert.
on this occasion he had invited the citoyen gamelin to accompany him to sketch buildings after nature, so much had the juror's office increased the painter's importance in his eyes. two other artists were of the party, the engraver desmahis, who drew well, and an almost unknown man, philippe dubois, an excellent designer in the style of robert. according to custom, the citoyenne élodie with her friend the citoyenne hasard accompanied the artists. jean blaise, an adept at combining pleasure with profit, had also extended an invitation to the citoyenne thévenin, an actress at the vaudeville, who was reputed to be on the best of terms with him.
