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the evidence of a single man: Testis unus, testis nullus. But we may have faith in a number. Bastien Matra, of Cinto-Monte, is fallible. But Constable 64, when abstraction has been made of his humanity, cannot err. He is an entity. An entity has nothing in common with a man, it is free from all that confuses, corrupts and deceives men. It is pure, unchangeable and unalloyed. Wherefore the magistrates did not hesitate to reject the evidence of the mere man, Dr. David Matthieu, and to admit that of Constable 64, who is the pure idea, an emanation from divinity come down to the judgment bar. By following such a line of argument, President Bourriche attains to a kind of infallibility, the only kind to which a magistrate may aspire. When the man who bears witness is armed with a sword, it is the swords evidence that must be listened to, not the mans. The man is contemptible and may be wrong. The sword is not contemptible and is always right. President Bourriche has seen deeply into the spirit of laws. Society rests on force; force must be respected as the august foundation of society. Justice is the administration of force. President Bourriche knows that Constable 64 is an integral part of the Government. The Government is immanent in each one of its officers. To slight the authority of Constable 64 is to weaken the State. To eat the leaves of an artichoke is to eat the artichoke, as Bossuet puts it in his sublime language. (Politique tirée de lÉcriture sainte, passim.) All the swords of the State are turned in the same direction. To oppose one to the other is to overthrow the Republic. For that reason, Crainquebille, the accused, is justly condemned to a fortnight in prison and a fine of fifty francs, on the evidence of Constable 64. I seem to hear President Bourriche, himself, explaining the high and noble considerations which inspired his sentence. I seem to hear him saying: I judged this person according to the evidence of Constable 64, because Constable 64 is the emanation of public force. And if you wish to prove my wisdom, imagine the consequences had I adopted the opposite course. You will see at once that it would have been absurd. For if my judgments were in opposition to force, they would never be executed. Notice, gentlemen, that judges are only obeyed when force is on their side. A judge without policemen would be but an idle dreamer. I should be doing myself an injury if I admitted a policeman to be in the wrong. Moreover, the very spirit of laws is in opposition to my doing so. To disarm the strong and to arm the weak would be to subvert that social order which it is my duty to preserve. Justice is the sanction of established injustice. Was justice ever seen to oppose conquerors and usurpers? When an unlawful power arises, justice has only to recognize it and it becomes lawful. Form is everything; and between crime and innocence there is but the thickness of a piece of stamped paper. It was for you, Crainquebille, to be the strongest. If, after having cried: Mort aux vaches! you had declared yourself emperor, dictator, President of the Republic, or even town councillor, I assure you you would not have been sentenced to pass a fortnight in prison, and to pay a fine of fifty francs. I should have acquitted you. You may be sure of that. Such would have doubtless been the words of President Bourriche; for he has a judicial mind, and he knows what a magistrate owes to society. With order and regularity he defends social principles. Justice is social. Only wrongheaded persons would make justice out to be human and reasonable. Justice is administered upon fixed rules, not in obedience to physical emotions and flashes of intelligence. Above all things do not ask justice to be just, it has no need to be just since it is justice, and I might even say that the idea of just justice can have only arisen in the brains of an anarchist. True, President Magnaud pronounces just sentences; but if they are reversed, that is still justice. The true judge weighs his evidence with weights that are weapons. So it was in the Crainquebille affair, and in other more famous cases. Thus said Monsieur Jean Lermite as he paced up and down the Salle des Pas-Perdus. Scratching the tip of his nose, Maître Joseph Aubarrée, who knows the Palais well, replied: If you want to hear what I think, I dont believe that President Bourriche rose to so lofty a metaphysical plane. In my opinion, when he received as true the evidence of Constable 64, he merely acted according |
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