Diderot and the Encyclopædists (Vol. 2 of 2)

OTHER DIALOGUES.

We may now pass to performances that are nearer to the accepted surface of things. A short but charming example of Diderot's taste for putting questions of morals in an interesting way, is found in the Conversation of a Father with his Children (published in 1773). This little dialogue is perfect in the simple realism of its form. Its subject is the peril of setting one's own judgment of some special set of circumstances above the law of the land. Diderot's venerable and well-loved father is sitting in his arm-chair before the fire. He begins the discussion by telling his two sons and his daughter, who are tending him with pious care, how very near he had once been to destroying their inheritance. An old priest had died leaving a considerable fortune. There was believed to be no will, and the next of kin were a number of poor people whom the inheritance would have rescued from indigence for the rest of their days. They appointed the elder Diderot to guard their interests and divide the property. He finds at the bottom of a disused box of ancient letters, receipts, and other waste-paper, a will made long years ago, and bequeathing all the fortune to a very rich bookseller in Paris. There was every reason to suppose that the old priest had forgotten the existence of the will, and it involved a revolting injustice. Would not Diderot be fulfilling the dead man's real wishes by throwing the unwelcome document into the flames?

At this point in the dialogue the doctor enters the room and interrupts the tale. It appears that he is fresh from the bedside of a criminal who is destined to the gallows. Diderot the younger reproaches him for labouring to keep in the world an offender whom it were best to send out of it with all despatch. The duty of the physician is to say to so execrable a patient--"I will not busy myself in restoring to life a creature whom it is enjoined upon me by natural equity, the good of society, the well-being of my fellow-creatures, to give up. Die, and let it never be said that through my skill there exists a monster the more on earth!" The doctor parries these energetic declamations with sufficient skill. "My business is to cure, not to judge; I shall cure him, because that is my trade; then the judge will have him hung, because that is his trade." This episodic discussion ended, the story of the will is resumed. The father, when on the point of destroying it, was seized with a scruple of conscience, and hastened to a cure well versed in casuistry. As in England the agents of the law itself not seldom play the part of arbitrary benevolence, which the old Diderot would fain have played against the law, the scene may perhaps be worth transcribing:

"'Nothing is more praiseworthy, sir, than the sentiment of compassion that touches you for these unfortunate people. Suppress the testament and succour them--good; but on condition of restoring to the rightful legatee the exact sum of which you deprive him, neither more nor less. Who authorised you to give a sanction to documents, or to take it away? Who authorised you to interpret the intentions of the dead?'

'But then, father Bouin, the old box?'

'Who authorised you to decide whether the will was thrown away on purpose, or mislaid by accident? Has it never happened to you to do such a thing, and to find at the bottom of a chest some valuable paper that you had tossed there inadvertently?'

'But, father Bouin, the far-off date of the paper, and its injustice?'

'Who authorised you to pronounce on the justice or injustice of the document, and to regard the bequest as an unlawful gift, rather than as a restitution or any other lawful act which you may choose to imagine?'

'But, these poor kinsfolk here on the spot, and that mere collateral, distant and wealthy?'

'Who authorised you to weigh in your balance what the dead man owed to his distant relations, whom you don't know?'

'But, father Bouin, that pile of letters from the legatee, which the departed never even took the trouble to open?'

'There is neither old box, nor date, nor letters, nor father Bouin, nor if, nor but, in the case. No one has any right to infringe the laws, to enter into the intention of the dead, or to dispose of other people's property. If providence has resolved to chastise either the heir or the legatee or the testator--we cannot tell which--by the accidental preservation of the will, the will must remain.'"[1]

[1] Oeuv., v. 289.

Diderot the younger declaims against all this with his usual vehemence, while his brother, the abbe, defends the supremacy of the law on the proper ground, that to evade or defy it in any given case is to open the door to the sophistries of all the knaves in the universe. At this point a journeyman of the neighbourhood comes in with a new case of conscience. His wife has died after twenty years of sickness; in these twenty years the cost of her illness has consumed all that he would otherwise have saved for the end of his days. But, as it happens, the marriage portion that she brought him has lain untouched. By law this ought to go to her family. Equity, however, seems to justify him in keeping what he might have spent if he had chosen. He consults the party round the fire. One bids him keep the money; another forbids him; a third thinks it fair for him to repay himself the cost of his wife's illness. Diderot's father cries out, that since on his own confession the detention of the inheritance has brought him no comfort, he had better surrender it as speedily as possible, and eat, drink, sleep, work, and make himself happy so.

"'Not I,' cried the journeyman abruptly, 'I shall be off to Geneva.'

'And dost thou think to leave remorse behind?'

'I can't tell, but to Geneva I go.'

'Go where thou wilt, there wilt thou find thy conscience.'

The hatter went away; his odd answer became the subject of our talk. We agreed that perhaps distance of place and time had the effect of weakening all the feelings more or less, and stifling the voice of conscience even in cases of downright crime. The assassin transported to the shores of China is too far off to perceive the corpse that he has left bleeding on the banks of the Seine.

Remorse springs perhaps less from horror of self than from fear of others; less from shame for the deed, than from the blame and punishment that would attend its discovery. And what clandestine criminal is tranquil enough in his obscurity not to dread the treachery of some unforeseen circumstance, or the indiscretion of some thoughtless word? What certainty can he have that he will not disclose his secret in the delirium of fever, or in dreams? People will understand him if they are on the scene of the action, but those about him in China will have no key to his words."[2]

[2] v. 295, 296.

Two other cases come up. Does the husband or wife who is the first to break the marriage vow, restore liberty to the other? Diderot answered affirmatively. The second case arose from a story that the abbe had been reading. A certain honest cobbler of Messina saw his country overrun by lawlessness. Each day was marked by a crime. Notorious assassins braved the public exasperation. Parents saw their daughters violated; the industrious saw the fruits of their toil ravished from them by the monopolist or the fraudulent tax-gatherer. The judges were bribed, the innocent were afflicted, the guilty escaped unharmed. The cobbler meditating on these enormities devised a plan of vengeance. He established a secret court of justice in his shop; he heard the evidence, gave a verdict, pronounced sentence, and went out into the street with his gun under his cloak to execute it. Justice done, he regained his stall, rejoicing as though he had slain a rabid dog. When some fifty criminals had thus met their doom, the viceroy offered a reward of two thousand crowns for information of the slayer, and swore on the altar that he should have full pardon if he gave himself up. The cobbler presented himself, and spoke thus: "I have done what was your duty. 'Tis I who condemned and put to death the miscreants that you ought to have punished. Behold the proofs of their crimes. There you will see the judicial process which I observed. I was tempted to begin with yourself; but I respected in your person the august master whom you represent. My life is in your hands: dispose of it as you think right." Well, cried the abbe, the cobbler, in spite of all his fine zeal for justice, was simply a murderer. Diderot protested. His father decided that the abbe was right, and that the cobbler was an assassin.

Nothing short of a transcript of the whole would convey a right idea of the dramatic ease of this delightful dialogue--its variety of illustration with unity of topic, the naturalness of movement, the pleasant lightness of touch. At its close the old man calls for his nightcap; Diderot embraces him, and in bidding him good-night whispers in his ear, "Strictly speaking, father, there are no laws for the sage. All being open to exception, 'tis for him to judge the cases in which we ought to submit to them, or to throw them over." "I should not be sorry," his father answers, "if there were in the town one or two citizens like thee; but nothing would induce me to live there, if they all thought in that way." The conclusion is just, and Diderot might have verified it by the state of the higher society of his country at that very moment. One cause of the moral corruption of France in the closing years of the old regime was undoubtedly the lax and shifting interpretations, by which the Jesuit directors had softened the rigour of general moral principles. Many generations must necessarily elapse before a habit of loosely superseding principles in individual cases produces widespread demoralisation, but the result is inevitable, sooner or later; and this, just in proportion as the principles are sound. The casuists practically constructed a system for making the observance alike of the positive law, and of the accepted ethical maxims, flexible and conditional. The Diderot of the present dialogue takes the same attitude, but has the grace to leave the demonstration of its impropriety to his wise and benevolent sire.