The Military Commissions and the Mixed Commissions
Justice sometime meets with strange adventures.
This old phrase assumed a new sense.
The code ceased to be a safeguard. The law became something which had sworn fealty1 to a crime. Louis Bonaparte appointed judges by whom one felt oneself stopped as in the corner of a wood. In the same manner as the forest is an accomplice2 through its density3, so the legislation was an accomplice by its obscurity. What it lacked at certain points in order to make it perfectly4 dark they added. How? By force. Purely5 and simply. By decree. Sic jubeo. The decree of the 17th of February was a masterpiece. This decree completed the proscription6 of the person, by the proscription of the name. Domitian could not have done better. Human conscience was bewildered; Right, Equity7, Reason felt that the master had over them the authority that a thief has over a purse. No reply. Obey. Nothing resembles those infamous8 times.
Every iniquity9 was possible. Legislative10 bodies supervened and instilled11 so much gloom into legislation that it was easy to achieve a baseness in this darkness.
A successful coup13 d’état does not stand upon ceremony. This kind of success permits itself everything.
Facts abound14. But we must abridge15, we will only present them briefly16.
There were two species of Justice; the Military Commissions and the Mixed Commissions.
The Military Commissions sat in judgment17 with closed doors. A colonel presided.
In Paris alone there were three Military Commissions: each received a thousand bills of indictment18. The Judge of Instruction sent these accusations19 to the Procureur of the Republic, Lascoux, who transmitted them to the Colonel President. The Commission summoned the accused to appear. The accused himself was his own bill of indictment. They searched him, that is to say, they “thumbed” him. The accusing document was short. Two or three lines. Such as this, for example,—
Name. Christian21 name. Profession. A sharp fellow. Goes to the Café. Reads the papers. Speaks. Dangerous.
The accusation20 was laconic22. The judgment was still less prolix23. It was a simple sign.
The bill of indictment having been examined, the judges having been consulted, the colonel took a pen, and put at the end of the accusing line one of three signs:—
- + o
— signified consignment24 to Lambessa.
+ signified transportation to Cayenne. (The dry guillotine. Death.)
o signified acquittal.
While this justice was at work, the man on whose case they were working was sometimes still at liberty, he was going and coming at his ease; suddenly they arrested him, and without knowing what they wanted with him, he left for Lambessa or for Cayenne.
His family was often ignorant of what had become of him.
People asked of a wife, of a sister, of a daughter, of a mother,—
“Where is your husband?”
“Where is your brother?”
“Where is your father?”
“Where is your son?”
The wife, the sister, the daughter, the mother answered,—“I do not know.”
In the Allier eleven members of one family alone, the Préveraud family of Donjon, were struck down, one by the penalty of death, the others by banishment25 and transportation.
A wine-seller of the Batignolles, named Brisadoux, was transported to Cayenne for this line in his deed of accusation: his shop is frequented by Socialists26.
Here is a dialogue, word for word, and taken from life, between a colonel and his convicted prisoner:—
“Indeed! Why?”
“In truth I do not exactly know myself. Examine your conscience. Think what you have done.”
“I?”
“Yes, you.”
“How I?”
“You must have done something.”
“No. I have done nothing. I have not even done my duty. I ought to have taken my gun, gone down into the street, harangued28 the people, raised barricades29; I remained at home stupidly like a sluggard” (the accused laughs); “that is the offence of which I accuse myself.”
“You have not been condemned for that offence. Think carefully.”
“I can think of nothing.”
“What! You have not been to the café?”
“Yes, I have breakfasted there.”
“Have you not chatted there?”
“Yes, perhaps.”
“Have you not laughed?”
“Perhaps I have laughed.”
“At whom? At what?”
“At what is going on. It is true I was wrong to laugh.”
“At the same time you talked?”
“Yes.”
“Of whom?”
“Of the President.”
“What did you say?”
“Indeed, what may be said with justice, that he had broken his oath.”
“And then?”
“That he had not the right to arrest the Representatives.”
“You said that?”
“Yes. And I added that he had not the right to kill people on the boulevard. . . . ”
Here the condemned man interrupted himself and exclaimed,—
“And thereupon they send me to Cayenne!”
The judge looks fixedly30 at the prisoner, and answers,—“Well, then?”
Another form of justice:—
Three miscellaneous personages, three removable functionaries31, a Prefect, a soldier, a public prosecutor32, whose only conscience is the sound of Louis Bonaparte’s bell, seated themselves at a table and judged. Whom? You, me, us, everybody. For what crimes? They invented crimes. In the name of what laws? They invented laws. What penalties did they inflict33? They invented penalties. Did they know the accused? No. Did they listen to him? No. What advocates did they listen to? None. What witnesses did they question? None. What deliberation did they enter upon? None. What public did they call in? None. Thus, no public, no deliberation, no counsellors, no witnesses, judges who are not magistrates34, a jury where none are sworn in, a tribunal which is not a tribunal, imaginary offences, invented penalties, the accused absent, the law absent; from all these things which resembled a dream there came forth35 a reality: the condemnation36 of the innocent.
Exile, banishment, transportation, ruin, home-sickness, death, and despair for 40,000 families.
That is what History calls the Mixed Commissions.
Ordinarily the great crimes of State strike the great heads, and content themselves with this destruction; they roll like blocks of stone, all in one piece, and break the great resistances; illustrious victims suffice for them. But the Second of December had its refinements37 of cruelty; it required in addition petty victims. Its appetite for extermination38 extended to the poor and to the obscure, its anger and animosity penetrated39 as far as the lowest class; it created fissures40 in the social subsoil in order to diffuse41 the proscription there; the local triumvirates, nicknamed “mixed mixtures,” served it for that. Not one head escaped, however humble42 and puny43. They found means to impoverish44 the indigent45, to ruin those dying of hunger, to spoil the disinherited; the coup d’état achieved this wonderful feat46 of adding misfortune to misery47. Bonaparte, it seems, took the trouble to hate a mere48 peasant; the vine-dresser was torn from his vine, the laborer49 from his furrow50, the mason from his scaffold, the weaver51 from his loom12. Men accepted this mission of causing the immense public calamity52 to fall, morsel53 by morsel, upon the humblest walks of life. Detestable task! To crumble54 a catastrophe55 upon the little and on the weak.
1 fealty | |
n.忠贞,忠节 | |
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2 accomplice | |
n.从犯,帮凶,同谋 | |
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3 density | |
n.密集,密度,浓度 | |
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4 perfectly | |
adv.完美地,无可非议地,彻底地 | |
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5 purely | |
adv.纯粹地,完全地 | |
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6 proscription | |
n.禁止,剥夺权利 | |
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7 equity | |
n.公正,公平,(无固定利息的)股票 | |
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8 infamous | |
adj.声名狼藉的,臭名昭著的,邪恶的 | |
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9 iniquity | |
n.邪恶;不公正 | |
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10 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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11 instilled | |
v.逐渐使某人获得(某种可取的品质),逐步灌输( instill的过去式和过去分词 ) | |
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12 loom | |
n.织布机,织机;v.隐现,(危险、忧虑等)迫近 | |
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13 coup | |
n.政变;突然而成功的行动 | |
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14 abound | |
vi.大量存在;(in,with)充满,富于 | |
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15 abridge | |
v.删减,删节,节略,缩短 | |
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16 briefly | |
adv.简单地,简短地 | |
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17 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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18 indictment | |
n.起诉;诉状 | |
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19 accusations | |
n.指责( accusation的名词复数 );指控;控告;(被告发、控告的)罪名 | |
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20 accusation | |
n.控告,指责,谴责 | |
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21 Christian | |
adj.基督教徒的;n.基督教徒 | |
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22 laconic | |
adj.简洁的;精练的 | |
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23 prolix | |
adj.罗嗦的;冗长的 | |
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24 consignment | |
n.寄售;发货;委托;交运货物 | |
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25 banishment | |
n.放逐,驱逐 | |
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26 socialists | |
社会主义者( socialist的名词复数 ) | |
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27 condemned | |
adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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28 harangued | |
v.高谈阔论( harangue的过去式和过去分词 ) | |
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29 barricades | |
路障,障碍物( barricade的名词复数 ) | |
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30 fixedly | |
adv.固定地;不屈地,坚定不移地 | |
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31 functionaries | |
n.公职人员,官员( functionary的名词复数 ) | |
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32 prosecutor | |
n.起诉人;检察官,公诉人 | |
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33 inflict | |
vt.(on)把…强加给,使遭受,使承担 | |
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34 magistrates | |
地方法官,治安官( magistrate的名词复数 ) | |
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35 forth | |
adv.向前;向外,往外 | |
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36 condemnation | |
n.谴责; 定罪 | |
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37 refinements | |
n.(生活)风雅;精炼( refinement的名词复数 );改良品;细微的改良;优雅或高贵的动作 | |
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38 extermination | |
n.消灭,根绝 | |
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39 penetrated | |
adj. 击穿的,鞭辟入里的 动词penetrate的过去式和过去分词形式 | |
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40 fissures | |
n.狭长裂缝或裂隙( fissure的名词复数 );裂伤;分歧;分裂v.裂开( fissure的第三人称单数 ) | |
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41 diffuse | |
v.扩散;传播;adj.冗长的;四散的,弥漫的 | |
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42 humble | |
adj.谦卑的,恭顺的;地位低下的;v.降低,贬低 | |
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43 puny | |
adj.微不足道的,弱小的 | |
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44 impoverish | |
vt.使穷困,使贫困 | |
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45 indigent | |
adj.贫穷的,贫困的 | |
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46 feat | |
n.功绩;武艺,技艺;adj.灵巧的,漂亮的,合适的 | |
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47 misery | |
n.痛苦,苦恼,苦难;悲惨的境遇,贫苦 | |
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48 mere | |
adj.纯粹的;仅仅,只不过 | |
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49 laborer | |
n.劳动者,劳工 | |
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50 furrow | |
n.沟;垄沟;轨迹;车辙;皱纹 | |
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51 weaver | |
n.织布工;编织者 | |
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52 calamity | |
n.灾害,祸患,不幸事件 | |
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53 morsel | |
n.一口,一点点 | |
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54 crumble | |
vi.碎裂,崩溃;vt.弄碎,摧毁 | |
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55 catastrophe | |
n.大灾难,大祸 | |
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