who listens, recollecting all the while his own interests, and leaves the cause to the assignees and the attorneys,--except, possibly, in a few strange and unusual cases where dishonesty is accompanied by peculiar circumstances, when the judge usually observes that the debtor, or the creditors, as it may happen, are clever people. This personage, set up in the drama like the royal bust in a public audience-chamber, may be found early in the morning at his wood-yard, if he sells wood; in his shop, if, like Birotteau, he is a perfumer;
or, in the evenings, at his dessert after dinner,--always, it should be added, in a terrible hurry; as a general thing he is silent. Let us, however, do justice to the law: the legislation that governs his functions, and which was pushed through in haste, has tied the hands of this commissioner; and it sometimes happens that he sanctions fraud which he cannot hinder,--as the reader will shortly see.
The agent to whom the judge delegates the first proceedings, instead of serving the creditors, may become if he please a tool of the debtor. Every one hopes to swell his own gains by getting on the right side of the debtor, who is always supposed to keep back a hidden treasure. The agent may make himself useful to both parties; on the one hand by not laying the bankrupt's business in ashes, on the other by snatching a few morsels for men of influence,--in short, he runs with the hare and holds with the hounds. A clever agent has frequently arrested judgment by buying up the debts and then releasing the merchant, who then rebounds like an india-rubber ball. The agent chooses the best-stocked crib, whether it leads him to cover the largest creditors and shear the debtor, or to sacrifice the creditors for the future prosperity of the restored merchant. The action of the agent is decisive. This man, together with the bankrupt's solicitor, plays the utility role in the drama, where it may be said neither the one nor the other would accept a part if not sure of their fees.
Taking the average of a thousand failures, an agent would be found nine hundred and fifty times on the side of the bankrupt. At the period of our history, the solicitors frequently sought the judge with the request that he would appoint an agent whom they proposed to him, --a man, as they said, to whom the affairs of the bankrupt were well-
known, who would know how to reconcile the interests of the whole body of creditors with those of a man honorably overtaken by misfortune.
For some years past the best judges have sought the advice of the solicitors in this matter for the purpose of not taking it, endeavoring to appoint some other agent /quasi/ virtuous.
During this act of the drama the creditors, real or pretended, come forward to select the provisional assignees, who are often, as we have said, the final ones. In this electoral assembly all creditors have the right to vote, whether the sum owing to them is fifty sous, or fifty thousand francs. This assembly, in which are found pretended creditors introduced by the bankrupt,--the only electors who never fail to come to the meeting,--proposes the whole body of creditors as candidates from among whom the commissioner, a president without power, is supposed to select the assignees. Thus it happens that the judge almost always appoints as assignees those creditors whom it suits the bankrupt to have,--another abuse which makes the catastrophe of bankruptcy one of the most burlesque dramas to which justice ever lent her name. The honorable bankrupt overtaken by misfortune is then master of the situation, and proceeds to legalize the theft he premeditated. As a rule, the petty trades of Paris are guiltless in this respect. When a shopkeeper gets as far as ****** an assignment, the worthy man has usually sold his wife's shawl, pawned his plate, left no stone unturned, and succumbs at last with empty hands, ruined, and without enough money to pay his attorney, who in consequence cares little for him.
The law requires that the /concordat/, at which is granted the bankrupt's certificate that remits to the merchant a portion of his debt, and restores to him the right of managing his affairs, shall be attended by a majority of the creditors, and also that they shall represent a certain proportion of the debt. This important action brings out much clever diplomacy, on the part of the bankrupt, his assignees, and his solicitor, among the contending interests which cross and jostle each other. A usual and very common manoeuvre is to offer to that section of the creditors who make up in number and amount the majority required by law certain premiums, which the debtor consents to pay over and above the dividend publicly agreed upon. This monstrous fraud is without remedy. The thirty commercial courts which up to the present time have followed one after the other, have each known of it, for all have practised it. Enlightened by experience, they have lately tried to render void such fraudulent agreements; and as the bankrupts have reason to complain of the extortion, the judges had some hope of reforming to that extent the system of bankruptcy.
The attempt, however, will end in producing something still more immoral; for the creditors will devise other rascally methods, which the judges will condemn as judges, but by which they will profit as merchants.
