’I am told again, and the accusation is sanctioned by the requisitoire of the Procureur-General, that my letter is inconsistent with the fidelity which I have sworn to the Emperor and to the constitution. When a man swears fidelity to a sovereign and to a constitution, his oath engages him only as to matters within his own power. He swears not to conspire against them. He swears not to attempt to subvert them. He cannot swear to approve the acts of the sovereign, or the working of the constitution, for he cannot foresee what either of them will be. I have kept, and I shall keep, my oath to the Emperor and my oath to the constitution. I have not attempted, and I shall not attempt, to overthrow either of them. But my approbation of either of them does not depend on me. I accepted the coup d’etat, comme vous l’avez tous fait, comme notre seule chance de salut dans les circonstances d’alors. I expected a Government honnete et modere. I have been disappointed.’
Here a violent exclamation ran through the assembly. Baroche rose and cried out, ’You hear him, gentlemen. He says that he expected honesty and moderation from the Government, and that he has been disappointed. I appeal to you, Mr. President, to decide whether we are to sit and listen to such infamies.’
[Voix diverses:—’Expliquez vos paroles.’ ‘Retirez vos paroles.’ M. de Montalembert.—’Je les maintiens et je les explique.’]
’I expected un gouvernement honnete et modere. I have been disappointed. Its honnete may be judged by the confiscation of the Orleans property.’
Here was another hubbub, and another protest of Baroche’s.
‘What is going on before you,’ continued Montalembert, ’is a sample of its moderation. It is now attempting in my person to introduce into our criminal law a new delit, “communication.” Until now it was supposed that nothing was criminal until it was published. It was believed that a man might write his opinions and his reflections, and might exchange them with his friends; that nothing was libellous that was confidential. Now this Government holds a man responsible for every thought that an indiscreet or an incautious friend, or a concealed enemy, or a tool of power reveals. If it succeeds in this attempt, it will not rest satisfied with this victory over the remnant of our freedom. It is not in the nature of things that it should. A Government that will not tolerate censure must forbid