"FONTENELLE has not," continues MERCIER, "spoken of the severity of M. D'ARGENSON, of his inclination to punish, which was rather a sign of weakness than of strength. Alas! human laws, imperfect and rude, cannot dive to the bottom of the human heart, and there discover the causes of the delinquencies which they have to punish! They judge only from the surface: they would acquit, perhaps, those whom they condemn; they would strike him whom they suffer to escape. But they cannot, I confess, do otherwise. Nevertheless, they ought to neglect nothing that serves to disclose the heart of man. They ought to estimate the strength of natural and indestructible passions, not in their effects, but in their principles; to pay attention to the age, the sex, the time, the day; these are nice rules, which could not be found in the brain of the legislator, but which ought to be met with in that of a Minister of the Police."
"There are also epidemical errors in which the multitude of those who go astray, seems to lessen the fault; in which a sort of circumspection is necessary, in order that punishment may not be in opposition to public interest, because punishment would then appear absurd or barbarous, and indignation might recoil on the law, as well as on the magistrate."
"What a life has a Minister of Police! He has not a moment that he can call his own; he is every day obliged to punish; he is afraid to give way to indulgence, because he does not know that he may not one day have to reproach himself with it. He is under the necessity of being severe, and of acting contrary to the inclination of his heart; not a crime is committed but he receives the shameful or cruel account: he hears of nothing but vicious men and vices; every instant he is told: 'there's a murder! a suicide! a rape!' Not an accident happens but he must prescribe the remedy, and hastily; he has but a moment to deliberate and act, and he must be equally fearful to abuse the power intrusted to him, and not to use it opportunely. Popular rumours, flighty conversations, theatrical factions, false alarms, every thing concerns him.
"Is he gone to rest? A fire rouses him from his bed. He must be answerable for every thing; he must trace the robber, and the lurking assassin who has committed a crime; for the magistrate appears blameable, if he has not found means to deliver him up quickly to justice. The time that his agents have employed in this capture will be calculated, and his honour requires that the interval between the crime and the imprisonment should be the shortest possible. What dreadful duties! What a laborious life! And yet this place is coveted!
"On some occasions, it is necessary for the Minister of Police to demean himself like a true Greek, as was the case in the following instance:
"A person, being on the point of making a journey, had in his possession a sum of twenty thousand livres which embarrassed him; he had only one servant, whom he mistrusted, and the sum was tempting. He accordingly requested a friend to be so obliging as to take care of it for him till his return.
"A fortnight after, the friend denied the circumstance. As there was no proof, the civil law could not pronounce in this affair. Recourse was had to the Minister of Police, who pondered a moment, and sent for the receiver, making the accuser retire into an adjoining room:
"The friend arrives, and maintains that he has not received the twenty thousand livres. "Well," said the magistrate, "I believe you; and as you are innocent you run no, risk in writing to your wife the note that I am going to dictate. Write."
"'"My dear wife, all is discovered. I shall be punished if I do not restore you know what. Bring the sum: your coming quickly to my relief is the only way for me to get out of trouble and obtain my pardon."
"'This note,' added the magistrate, 'will fully justify you. Your wife can bring nothing since you have received nothing, and your accuser will be foiled.'