Thus, amid obstructions and stimulating furtherances, has the Question of the Trial to grow; emerging and submerging; fostered by solicitous Patriotism. Of the Orations that were spoken on it, of the painfully devised Forms of Process for managing it, the Law Arguments to prove it lawful, and all the infinite floods of Juridical and other ingenuity and oratory, be no syllable reported in this History. Lawyer ingenuity is good: but what can it profit here? If the truth must be spoken, O august Senators, the only Law in this case is: Vae victis, the loser pays! Seldom did Robespierre say a wiser word than the hint he gave to that effect, in his oration, that it was needless to speak of Law, that here, if never elsewhere, our Right was Might. An oration admired almost to ecstasy by the Jacobin Patriot: who shall say that Robespierre is not a thorough-going man; bold in Logic at least? To the like effect, or still more plainly, spake young Saint-Just, the black-haired, mild-toned youth. Danton is on mission, in the Netherlands, during this preliminary work. The rest, far as one reads, welter amid Law of Nations, Social Contract, Juristics, Syllogistics; to us barren as the East wind. In fact, what can be more unprofitable than the sight of Seven Hundred and Forty-nine ingenious men, struggling with their whole force and industry, for a long course of weeks, to do at bottom this: To stretch out the old Formula and Law Phraseology, so that it may cover the new, contradictory, entirely uncoverable Thing? Whereby the poor Formula does but crack, and one’s honesty along with it! The thing that is palpably hot, burning, wilt thou prove it, by syllogism, to be a freezing-mixture? This of stretching out Formulas till they crack is, especially in times of swift change, one of the sorrowfullest tasks poor Humanity has.
Chapter 3.2.VI.
At the Bar.