“God of mercy!” exclaimed Birotteau; “in the worst of a storm a star guides me.”
Resignation is the last stage of man’s misfortune. From this moment Cesar’s downfall was accomplished; he accepted it, and strength returned to him.
VI
After admitting his insolvency and filing his schedule, a merchant should find some retired spot in France, or in foreign countries, where he may live without taking part in life, like the child that he is; for the law declares him a minor, and not competent for any legal action as a citizen. This, however, is never done. Before reappearing he obtains a safe-conduct, which neither judge nor creditor ever refuses to give; for if the debtor were found without this exeat he would be put in prison, while with it he passes safely, as with a flag of truce, through the enemy’s camp,—not by way of curiosity, but for the purpose of defeating the severe intention of the laws relating to bankruptcy. The effect of all laws which touch private interests is to develop, enormously, the knavery of men’s minds. The object of a bankrupt, like that of other persons whose interests are thwarted by any law, is to make void the law in his particular case.
The status of civil death in which the bankrupt remains a chrysalis lasts for about three months,—a period required by formalities which precede a conference at which the creditors and their debtor sign a treaty of peace, by which the bankrupt is allowed the ability to make payments, and receives a bankrupt’s certificate. This transaction is called the concordat,—a word implying, perhaps, that peace reigns after the storm and stress of interests violently in opposition.
As soon as the insolvent’s schedule is filed, the Court of commerce appoints a judge-commissioner, whose duty it is to look after the interests of the still unknown body of creditors, and also to protect the insolvent against the vexatious measures of angry creditors,—a double office, which might be nobly magnified if the judges had time to attend to it. The commissioner, however, delegates an agent to take possession of the property, the securities, and the merchandise, and to verify the schedule; when this is done, the court appoints a day for a meeting of the creditors, notice of which is trumpeted forth in the newspapers. The creditors, real or pretended, are expected to be present and choose the provisional assignees, who are to supersede the agent, step into the insolvent’s shoes, became by a fiction of law the insolvent himself, and are authorized to liquidate the business, negotiate all transactions, sell the property,—in short, recast everything in the interest of the creditors, provided the bankrupt makes no opposition. The majority of Parisian failures stop short at this point, and the reason is as follows: