Rise and Fall of Cesar Birotteau - Honoré de Balzac (best fiction novels .TXT) 📗

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