In its name the adulteress is stigmatized, condemned, not because her act is an imprudence, exposing her to disillusions and regrets, but because it is a crime against the family. You stigmatize and condemn suicide, not because it is a foolish thing (the fool is not responsible), not because it is a cowardly act (for it sometimes requires a certain physical courage), but because it is a scorn of duty in the life we are living, and the cry of unbelief in the life to come.

This code of morals stigmatizes realistic literature, not because it paints the pa.s.sions: hatred, vengeance, love--the world sees but the surface and art should paint them--but not paint them without bridle, without limits. Art without rules is not art. It is like a woman who discards all clothing. To impose upon art the one rule of public decency is not to subject it, not to dishonor it. One grows great only by rule.

These, gentlemen, are the principles which we profess, this the doctrine which we defend with conscience.

_Plea for the Defense, by_

M. SENARD

Gentlemen, M. Gustave Flaubert has been accused before you of making a bad book; of having, in this book, outraged public morals and religion.

M. Gustave Flaubert is beside me and affirms before you that he has made an honest book; he affirms before you that the thought in his book, from the first line to the last, is a moral thought; and that, if it were not perverted (and you have seen during the last hour how great a talent one may have for perverting a thought) it would be (and will become again presently) for you, as it has been already for the readers of the book, an eminently moral and religious thought capable of being translated into these words: the excitation of virtue through the horror of vice.

I bring M. Gustave Flaubert's affirmation here to you, and I put it fearlessly in the light of the prosecuting attorney's speech, for this affirmation is grave; and it is through the personality of its maker, through the circ.u.mstances which have led to the writing of the book, that I am going to make it understood to you.

The affirmation is grave on account of the personality that makes it: and, permit me to say to you that M. Gustave Flaubert is not to me an unknown man who has instructions to give me, and who has need of recommendations from me--I speak not only of his morality but of his position. I come here, into this precinct, fulfilling a duty of conscience after reading the book, after feeling myself exalted, by this reading, in all that is honest and profoundly religious. But, at the same time that I come fulfilling a duty of conscience, I come to fulfill a duty of friendship. I remember, and I can never forget, that his father was an old friend of mine. His father, by whose friendship I was long honoured, to the last day of his life, his father,--permit me to say his ill.u.s.trious father,--was for thirty years surgeon-in-chief at the hospital at Rouen. He was in charge of the Dupuytren dissecting room, and in giving to science great instruction, he has endowed it with some great names; I will mention but one, that of Cloquet. He has not only left for himself a good name in science, he has left a grand memento in his immense service to humanity. And at the same time I am recalling my bond of friendship with him, I wish to tell you that his son, who has been dragged into Court for an outrage against morals and religion, this son is the friend of my children, as I was the friend of his father. I know his thought, I know his intentions, and the counsellor has the right here of placing himself as a personal guaranty of his client.

Gentlemen, a great name and great memories have obligations. Children were not wanting to M. Flaubert. There were three of them, two sons, and a daughter who died at twenty-one. The eldest has been judged worthy to succeed his father; and he is to-day, as he has been for many years, carrying on the mission which his father conducted for thirty years. The younger son is here; he is at your bar. In leaving them a considerable fortune and a great name, their father has left upon them the obligation of being men of intelligence and of heart; that is to say, useful men.

The brother of my client has been thrown into a career where each day brings its own service. This one has devoted his life to study and to letters, the work before you being his first work. This first work, gentlemen, which provokes the pa.s.sions, as the Government Attorney has said, is the result of long study and much thought. M. Gustave Flaubert is a man of serious character, turning his attention, through his very nature, to serious subjects, to sad subjects. He is not the man whom the prosecuting attorney, in fifteen or twenty lines bitten out here and there, has presented to you as a maker of lascivious pictures. No; there is in his nature, I repeat, all that is gravest, most serious, and even the saddest that one could imagine. His book, by restoring a single phrase, by putting beside the quoted lines the lines which precede and follow, will take on its veritable colour, as soon as you understand the intentions of the author. And, of the too clever words to which you have listened, there will remain to you only the memory of a sentiment of profound admiration for a talent which can thus transform things.

I have told you that M. Gustave Flaubert was a serious and grave man.

His studies, conforming to his nature, have been serious and broad. They have embraced not only all branches of literature, but the right branches. M. Flaubert is not the man to be content with observations of even the best where he lived; he has sought out the best in other places; _Qui mores multorum vidit et urbes_.

After his father's death and the completion of his studies at college, he visited Italy, and from 1848 to 1852 traveled through the countries of the Orient,--Egypt, Palestine, Asia Minor--in which countries, doubtless, a man traveling through and bringing to his travels a fine intelligence, could acquire something exalted, something poetic, as well as the colour and prestige of style which the public minister has just pointed out, to make good the misdemeanor that he imputes. That prestige of style, those literary qualities pointed to with _eclat_ in this debate, are there, but after no fashion can they be brought up for indictment.

Since his return, in 1852, M. Gustave Flaubert has written and sought to produce in a grand outline the result of his close and serious studies, the result of what he had gathered in his journeys.

What is the outline he has chosen, the subject he has taken, and how has he treated it? My client belongs to any of the schools, whose names I have just learned in the Attorney's speech. Heaven knows he belongs to the realistic school, in that he occupies himself with the reality of things. He belongs to the psychological school, in the sense that it is not material things which engage him, but human sentiment and the development of the pa.s.sions wherever the human being is placed. He belongs to the romantic school less perhaps than to any other, because, if romanticism appears in his book, as does realism, it appears only in some ironical expressions here and there, which the public attorney has taken seriously. What M. Flaubert especially wished was to take a subject of study from real life, creating from it some true types of the middle cla.s.s, arriving finally at some useful result. Yes, what has most occupied my client in the studies to which he has devoted himself, is precisely this useful aim, followed out in putting upon the scene three or four personages from actual society, living in the conditions of real life, and presenting them to the eyes of the reader in a true picture of what is met with very often in the world.

The Prosecuting Attorney, summing up his opinion of _Madame Bovary_, has said:

"The second t.i.tle of this work might be: _The Story of the Adulteries of a Provincial Woman_."

I protest vigorously against this t.i.tle. This alone, had I not listened to your speech from beginning to end, would prove to me the prejudice in which you are firmly bound. No! the second t.i.tle of this work is not: _The Story of the Adulteries of a Provincial Woman_; it is, if it is absolutely necessary to have a second t.i.tle: the story of the education too often met with in the provinces; the story of the perils to which such an education leads; the story of degradation, of dishonesty, of suicide, considered as a consequence of a first fault, and a fault led up to through wrong-doing, by which a young woman is often carried away. It is the story of an education, and the deplorable life of which such an education is often the preface. This is what M. Flaubert desired to paint, and not the adulteries of a woman of the provinces.

You will see this at once on reading the incriminated book.

Now, the prosecuting attorney perceives in all this, and through it all, a lascivious colour. If it were possible to take the number of lines of the book which he has cut out, and put parallel to them other lines that he has left, we should have a total proportion of about one to five hundred; and you would see that this proportion of one to five hundred was in no way of a lascivious colour; it exists only under the conditions of being cut out and commented upon.

Now, what has M. Flaubert desired to paint? First, education given to a woman which is above the conditions to which she was born--something that too often happens among us, it must be confessed. Then, the mixture of discordant elements that are thus produced in the intelligence of the woman; and then when marriage comes, especially if the marriage is not in accordance with the education, but rather with the conditions under which the woman was born, the author explains all these facts which occur in the situation that he depicts.

What has he shown? He shows a woman entering upon vice because of a disappointing match; then vice in its last degree, degradation and wretchedness. Presently, when through the reading of several pa.s.sages, I shall have made you acquainted with the book as a whole, I shall demand of this tribunal the privilege of their accepting the question on these terms: Would this book, put into the hands of a young woman, have the effect of leading her towards easy pleasures, towards adultery, or, on the contrary, would it show her the danger of the first step, and bring upon her a shiver of horror? The question thus put, your conscience would soon decide.

I have here stated that M. Flaubert wished to paint a woman who, instead of trying to adapt herself to the conditions in which she was placed, to her position and her birth, instead of seeking to make herself a part of the life to which she belonged, was occupied with a thousand foreign aspirations drawn from an education too far above her; instead of accommodating herself to the duties of her position, of being the tranquil wife of a country doctor with whom she should pa.s.s her days, in place of seeking her happiness in her house and in her marriage, sought it in interminable fancies; and then, meeting a young man upon the way who coquetted with her, she played the same game with him (Heaven knows they were both inexperienced enough!) urging herself on by degrees, and frightened when she turned to the religion of her early years and found it insufficient. We shall see presently why this was so. At first, the young man's ignorance and her own preserves her from danger. But she soon meets a man, of the kind of which there are too many in the world, who takes possession of her--this poor woman, already perverted and ready to stray. Here is the main point; now it is necessary to see what the book makes of it.

The Public Minister becomes incensed, and I believe wrongly so from the standard of conscience and the human heart, over that first scene, where Madame Bovary finds a sort of pleasure, of joy, in having broken her prison, and returns to her home saying: "I have a lover." Do you believe that this is not the first cry of the human heart! The proof is between you and me. But we must look a little further, and then we shall see that, if the first moment, the first instant of the fall, excites in this woman a sort of transport of joy, of delirium, in some lines farther on the deception makes itself manifest and, following the expression of the author, she seems humiliated in her own eyes.

Yes, deception, grief, and remorse come to her at the same time. The man in whom she has confided, to whom she has given herself up, has only made use of her for the moment, as he would a plaything; remorse and regret now rend her heart. It has shocked you to hear this called the disillusion of adultery; you would have preferred _pollution_ at the hand of a writer who placed before you a woman who, not having comprehended marriage, felt herself _polluted_ by contact with her husband, and who, having sought her ideal elsewhere, found the _disillusions_ of adultery. This word has shocked you; in the place of _disillusions_, you would have wished _pollution_ of adultery. This tribunal shall be the judge. As for me, if I had depicted the same personage I would have said to her: Poor woman! if you believe that your husband's kisses are monotonous and wearisome, if you have found only plat.i.tudes--this word has been especially brought to our notice--the plat.i.tudes of marriage--if you seem to see pollution in a union where love does not preside, take care, for your dreams are an illusion, and you will one day be cruelly deceived. But this man, gentlemen, who knows how to speak strongly, makes use of the word pollution to express what we would have called disillusion, and he has used the true word, although vague to him who can bring to it no intelligence. I would have liked better his not speaking so strongly, his not p.r.o.nouncing the word _pollution_, but rather averting the woman from deception, from disillusion, and saying to her: Where you believe you will find love, you will find only libertinism; where you think you will find happiness, there is only bitterness. A husband who goes tranquilly about his affairs, who kisses you, puts on his house cap and eats his soup with you, is a prosaic husband revolting to you; you aspire to a man who will love you, idolize you; poor child! that man will be a libertine who will have taken you for a minute for the sake of playing with you. There will be some illusion about it the first time, perhaps the second; you may come back home joyous, singing the song of adultery. "I have a lover!"

but the third time you will not wish to go to him, for the disillusion will have come. The man you have dreamed of will have lost all his prestige; you will have found again in love the plat.i.tudes of marriage, and this time with scorn, disdain, disgust and poignant remorse.

This, gentlemen, is what M. Flaubert has said, what he has painted, what is in each line of his book; and this is what distinguishes his work from all other works of the kind. Under his hand, the great irregularities of society figure on each page, and adultery walks abroad full of disgust and shame. He has brought into the common relations of life the most powerful teaching that can be given to a young woman. And Heaven knows that to those of our young women who do not find in lofty, honest principle and stern religion enough to keep them steady in the accomplishment of their duties as mothers, or who do not find it in that resignation and practical science of life which bids us accommodate ourselves to what we have, but who carry their dreams to the outside (and the most honest, the most pure of our young women, in the prosaic life of their households, are sometimes tormented by that which is going on outside), a book like this would bring but one reflection. Of that you may be sure. And this is what M. Flaubert has intended.

And notice carefully one thing: M. Flaubert is not the man who has painted a charming adultery for you, in order to arrive later with the _Deus ex machina_; no, you are carried too quickly on to the last page. Adultery with him is only a series of torments, remorse and regret; and then he arrives at the final, frightful expiation. It is excessive. If M. Flaubert sins, it is through excess; and I will show you presently what is meant by this. The expiation is not allowed to wait, and it is that which makes the book eminently moral and useful. It does not promise the young woman some beautiful years at the end of which she can say: after this, one is willing to die. No! from the second day there is bitterness and disillusion. The conclusion for morality is found in each line of the book.

This book is written with a power of observation to which the Government Attorney has rendered justice. And it is here that I would call your attention to it, because if the accusation is without foundation, it must fall. This book is written with a power truly remarkable for observing the smallest details. An article in the _Artiste_, signed Flaubert, has served as yet another text for the accusation. Let the Government Attorney note, first that this article is foreign to the indictment; then, that we will hold him innocent and moral in the eyes of this tribunal on one condition, which is, that he will have the goodness to read the entire article from the place of the cutting.

The most noticeable thing in M. Flaubert's book is what some accounts have called a fidelity wholly Daguerreian in the reproduction of the type of things, and in the intimate nature of the thought of the human heart;--and this reproduction becomes more powerful still by the magic of his style. Now notice, that if he had applied this fidelity only to the scenes of degradation, you could say with reason: the author has been pleased to paint the scenes of degradation with that power of description which is peculiarly his own. From the first to the last page of his book, he keeps close to all the facts in Emma's life, without any kind of reserve, from her infancy in her father's house, to her education in the convent, sparing nothing. And those of us who have read the book from beginning to end can say--and this is a notable point which should put him in a favorable light with you, not only bringing him acquittal, but removing from him every kind of misunderstanding--that when he comes to the difficult parts, precisely at the time of degradation, in place of doing as some cla.s.sic authors have done, (as the Public Attorney knows full well, but whom he forgot when he wrote his address) a few pages of whose writings I have with me here, (not to read to you but for you to run through in Court--and I might quote a few lines here presently), in place of doing as our great cla.s.sic authors, our great masters have done, who never hesitate at description when they have come to the scene of a union of the senses between man and woman, M. Flaubert contents himself with a word. All his descriptive power disappears, because his thought is chaste; because where he might write in his own manner and with the magic of his style, he feels that there are some things that should not be described or even touched upon. The Public Attorney finds that he has still said too much. When I have shown him some men who, in great philosophical works, have delighted in descriptions of these things, and when in the light of this fact I have shown that this man, who possesses the descriptive faculty to so high a degree and who, far from using it, desists and abstains from it, I shall indeed have the right to ask why this accusation has been brought?

Nevertheless, gentlemen, just as he has described to us the pleasant cradle of Emma's infancy, with its foliage, its rose-colored and white flowers which gladdened her with their blossoms and their perfume, so he has described her when she went out from there into other paths, into paths where she found mire, where her feet became soiled from its contact, when the mire rose higher than herself and--he need not have told it! But that would be to suppress the book completely, and I am going far enough to say would suppress its moral element under a pretext of defending it; for if a fault cannot be shown, if it cannot be pointed out, if in a picture of real life which aims to show, through thought, peril, fall and punishment, you would debar painting such as this, it is evident you would cut out of the book its whole purpose.

This book was not a matter of a few hours' amus.e.m.e.nt for my client. It represents two or three years of incessant study. And now I am going to tell you something more: M. Flaubert who, after so many years of labor, so many of study, so many journeys, so many notes culled from authors he had read,--and Heaven grant you may see the fountain-head from which he has drawn, for this strange fact will take upon itself his justification--M. Flaubert (and his lascivious colour)--you will find impregnated wholly with Bossuet and Ma.s.sillon. It is in the study of these authors that we shall presently find him seeking, not to plagiarize, but to reproduce in his descriptions the thoughts and colours employed by them. And can you believe, after all that, having done this work with so much love for it, and with a decided purpose, that, full of confidence in himself, and after so much study and meditation, he would wish to throw himself immediately into the arena?

He would have done it, no doubt, had he been an unknown man, if his name had belonged to himself in sole ownership, had he believed himself able to dispose of it and use it as it seemed good to him; but, I repeat, he is one of those upon whom rests the obligation of rank. His name is Flaubert, he is the second son of M. Flaubert, and he has desired to make a place for himself in literature, profoundly respecting the moral and religious phases of it,--not through the notoriety of a lawsuit, for such a purpose could not enter his thoughts--but through personal dignity, not wishing his name to be at the head of a publication that did not seem to some persons and to those in whom he had faith, worthy of being published. M. Flaubert read in fragments, and even in totality, to friends holding high places in the world of letters, the pages which he hoped some day to print, and I a.s.sure you that not one of them has been offended by what has just now excited such lively severity on the part of the Government Attorney. No one even thought of it. They simply examined and studied the literary value of the book. As to the moral purpose, it is so evident, so written in every line in terms so unequivocal that there was no need of raising the question.

Rea.s.sured upon the value of the book, encouraged, furthermore, by the most eminent men of the press, M. Flaubert thought only of printing it and giving it to the public. I repeat: everyone was unanimous in rendering homage to its literary merit, to its style, and at the same time to the excellent thought that pervaded it, from the first line to the last. And when this action was brought it was not he alone who was surprised and profoundly troubled, but, permit me to say, we, who cannot understand the action, and I myself most of all, who had read the book with a very lively interest as soon as it was published. But we are his intimate friends. Heaven knows that there are some shades of meaning that might escape us in our easy-going habits which never could escape women of great intelligence, of great purity and unquestioned chast.i.ty. These are not names which can be p.r.o.nounced in this audience, but if I could tell you what has been said to Flaubert, what has been said to me, even, by mothers of families who have read this book, if I could tell you their astonishment, after receiving from that reading an impression so good that they believed they should thank the author for it, if I could tell you their astonishment, their grief, when they learned that this book was thought to oppose public morals and religious faith, the faith of their whole life, G.o.d knows there would be in the sum of this appreciation sufficient to fortify me, had I need of being fortified for this combat with the Public Attorney.

However, in the midst of all the appreciative voices of contemporaneous literature there is one which I wish to mention to you. There is one who is not only respected by reason of a grand and beautiful character, who, in the midst of adversity, of suffering even, has struggled courageously each day; who is not only great by virtue of many deeds useless to recall here, but great through his literary works which must be recalled because here he is an authority; great especially through the purity which exists in all his works, through the chast.i.ty of all his writings: Lamartine.

Lamartine did not know my client; he did not know that he existed. Lamartine, at his home in the country, read _Madame Bovary_ in each number of the _Revue de Paris_, and Lamartine found there such power that it recurred to him again and again, as I am going to tell you.

After some days, Lamartine returned to Paris, and the next day informed himself where M. Gustave Flaubert lived. He sent to the _Revue_ to learn where M. Gustave Flaubert lived, who had published in the magazine some articles under the t.i.tle of _Madame Bovary_. He then directed his secretary to go and present his compliments to M. Flaubert, to express for him the satisfaction he had found in reading his book, and also his desire to see the new author who revealed himself in an essay of that order.

My client went to Lamartine's house; and he found in him not only a man who encouraged him, but who said to him:

"You have made the best book I have read in twenty years."

In a word, his praise was such that, in his modesty, my client scarcely liked to repeat it to me. Lamartine proved to him that he had read each number, proving it most graciously by repeating entire pages from them. Lamartine only added:

"While I have read even to the last page without reserve, I did blame the last pages. You have hurt me, you have literally made me suffer! The punishment is beyond all proportion to the crime; you have created a pitiably frightful death! a.s.suredly the woman who defiles the marriage bed should expect punishment, but this is horrible; it is a punishment such as I have never seen. You have gone too far; you have done mischief to my nerves. That power of description which you have applied to the last moment of death has left upon me an indelible suffering!"

And when Gustave Flaubert said to him:

"But, Monsieur de Lamartine, do you know that I have been indicted and summoned to a court of correction for an offense against public morals and religion for having made a book like that?"

Lamartine answered:

"I believe that I have been all my life a man who, in literary works as well as others, comprehends fully what makes for public and religious morals; my dear child, it is not possible to find in France a tribunal that will convict you."

This is what pa.s.sed between Lamartine and Flaubert yesterday, and I have the right to say to you that this approval is among those which are worthy to be well weighed.

This well understood, let us see how my conscience could tell me that _Madame Bovary_ was a good book, a good deed. And I ask your permission to add that I do not take to these things easily, this facility is not my habit. Some literary works I take up which, although emanating from our great writers, do not remain two minutes before my eyes. I will pa.s.s to you in the council chamber some lines that I took no delight in reading, and I will ask your permission to say to you that when I came to the end of M. Flaubert's work, I was convinced that a cutting made by the _Revue de Paris_ was the cause of all this. I shall ask you further to add my appreciation to this highest and most distinguished appreciation which I am about to mention.

Here, gentlemen, is a portfolio filled with the opinions of all the literary men of our time upon the work with which we are engaged, among whom are some of the most distinguished, expressing their astonishment upon reading this new work, at once so moral and so useful!

Now, how has it come about that a work like this can incur a process of law? If you will permit me, I will tell you. The _Revue de Paris_, whose reading committee had read the work in its entirety, for the ma.n.u.script was sent long before it was published, evidently found nothing to criticise. When it came time to print the copy of December 1st, 1856, one of the directors of the _Revue_ became affrighted at the scene in the cab. He said: "This is not conventional, we must suppress it."

Flaubert was offended by the suppression. He was not willing that it should be made unless a note to that effect were placed at the bottom of the page. It was he who exacted the note. It is he who, on account of his self-respect as an author, neither wishing to have his work mutilated nor, on the other hand wishing to make trouble for the _Revue_, said: "You may suppress it if it seems best to you, but you will state that you have suppressed something." And they agreed upon the following note:

"The directors have seen the necessity of suppressing a pa.s.sage here which did not seem fitting to the _Revue de Paris_; we give notice of it to the author."