They had appointed a Recorder, now they must organize a Court. A second step, more serious than the first.
The judges delayed, hoping that fortune would end by deciding on one side or the other, either for the Assembly or for the President, either against the coup d'état or for it, and that there might thus be a vanquished party, so that the High Court could then with all safety lay its hands upon somebody.
They lengthily argued the question, whether they should immediately decree the accusation of the President, or whether they should draw up a simple order of inquiry. The latter course was adopted.
They drew up a judgment, not the honest and outspoken judgment which was placarded by the efforts of the Representatives of the Left and published, in which are found these words of bad taste, Crime and High Treason; this judgment, a weapon of war, has never existed otherwise than as a projectile. Wisdom in a judge sometimes consists in drawing up a judgment which is not one, one of those judgments which has no binding force, in which everything is conditional; in which no one is incriminated, and nothing, is called by its right name. There are species of intermediate courses which allow of waiting and seeing; in delicate crises men who are in earnest must not inconsiderately mingle with possible events that bluntness which is called Justice. The High Court took advantage of this, it drew up a prudent judgment; this judgment is not known; it is published here for the first time. Here it is. It is a masterpiece of equivocal style:—
EXTRACT FROM THE REGISTRY OF THE HIGH COURT OF JUSTICE.
"The High Court of Justice.
"According to Article 68 of the Constitution, considering that
printed placards beginning with these words, 'The President of the
Republic' and ending with the signatures, 'Louis Napoléon Bonaparte'
and 'De Morny, Minister of the Interior,' the said placards ordaining
amongst other measures the dissolution of the National Assembly, have
been posted to-day on the walls of Paris, that this fact of the
dissolution of the National Assembly by the President of the Republic
would be of the nature to constitute the case provided for by Article
68 of the Constitution, and renders, in the terms of the aforesaid
article, the meeting of the High Court indispensable.
"It is declared that the High Court of Justice is organized, that it
appoints[4] ... to fulfil with it the functions of the Public
Ministry; that M. Bernard, the Recorder of the Court of Cassation,
should fulfil the duties of Recorder, and in order to proceed
further, according to the terms of the aforesaid Article 68 of the
Constitution, the Court will adjourn until to-morrow, the 3d of
December, at noon.
"Drawn up and discussed in the Council Chamber, where were sitting
MM. Hardouin, president, Pataille, Moreau, Delapalme, and Cauchy,
judges, December 2, 1851."
The two Assistants, MM. Grandet and Quesnault, offered to sign the decree, but the President ruled that it would be more correct only to accept the signatures of the titular judges, the Assistants not being qualified when the Court was complete.
In the meantime it was one o'clock, the news began to spread through the palace that a decree of deposition against Louis Bonaparte had been drawn up by a part of the Assembly; one of the judges who had gone out during the debate, brought back this rumor to his colleagues. This coincided with an outburst of energy. The President observed that it would be to the purpose to appoint a Procureur-General.
There was a difficulty. Whom should they appoint? In all preceding trials they had always chosen for a Procureur-General at the High Court the Procureur-General at the Court of Appeal of Paris. Why should they introduce an innovation? They determined upon this Procureur-General of the Court of Appeal. This Procureur-General was at the time M. de Royer, who had been keeper of the Seals for M. Bonaparte. Thence a new difficulty and a long debate.
Would M. de Royer consent? M. Hardouin undertook to go and make the offer to him. He had only to cross the Mercière Gallery.
M. de Royer was in his study. The proposal greatly embarrassed him. He remained speechless from the shock. To accept was serious, to refuse was still more serious.