Of those of a loftier and more imaginative character, we may mention," Plus de Politique," 1815; "Les Enfans de la France," 1819; and "Le Vieux Drapeau," 1820. The second of these is, perhaps, the most beautiful of his productions, but we prefer citing the last, as it is one of those specified in the accusations brought against him. In a note appended to it, (t. 2. p. 77.) the author says, "Cette chanson n'exprime que le vœu d'un soldat qui désire voir la Charte constitutionnellement placée sous la sauvegarde du drapeau de Fleurus, de Marengo et d'Austerlitz. Le même vœu a été exprimé à la tribune par plusieurs députés et entre autres par M. le général Foy, dans une improvisation aussi noble qu'énergique." "De mes vieux compagnons de gloire Je viens de me voir entouré. Il est caché sous l'humble paille VOL. VII.---NO. 13. 8 Ce drapeau payait à la France Nos fils jouaient avec sa lance. Son aigle est resté dans la poudre, Las d'errer avec la victoire Mais il est là de mes armes; Un instant, osons l'entrevoir. Viens, mon drapeau! viens, mon espoir C'est à toi d'essuyer mes larmes. D'un guerrier qui verse des pleurs, Le ciel entendra la prière: Oui, je secoûrai la poussière Qui ternit tes nobles couleurs." This song was reported to the police as being so popular, that it was constantly in the mouths of the soldiery, and sung in every guard room. And this is not to wondered at, yet how must the tastes and feelings of that people have changed with whom it can be a favourite; how different are these pathetic stanzas from the wild and blood-thirsty cries of the revolution, as for instance: Or, in rather more elevated diction: "Ne repondez vous pas! oui vous repondez tous: * Le Reveil du Père Duchesne. + Hymne à la Liberté-par La Harpe; 1792. This is another instance of that complete identification of his own sentiments with those of the nation, which we have already noticed as one of the principal sources of the power which Béranger has obtained, and which always produces the same results wherever the same talent and good sense direct the application of it. But we return to the prosecution commenced against him; some particulars of which, as they may be interesting, and as they are not within the reach of all who read his poems, we proceed to give. The trial came on in the month of December, 1821, before the Cour d'Assises, a branch of the Cour Royale, appropriated exclusively to public prosecutions; the following being the charges in the "Arrêt de Renvoi," or as we should say, the counts in the indictment. 1st. Délit d'outrage aux bonnes mœurs, notamment dans les chansons ayant pour titre: "La Bacchante," "Ma Grand Mère," "Margot." 2d. D'outrage à la morale publique et réligieuse, notamment, &c." Deo Gratias d'un Epicurien," "La Descente aux Enfers," "Mon Curé," "Les Capucins," "Les Chantres de Paroisse," "Les Missionnaires," "Le Bon Dieu." 3d. Délit d'offense envers la personne du Roi, notamment dans la 7me couplet de la chanson, &c. "Le prince de Navarre," le 4me couplet, &c. "Le Bon Dieu," le 6me, &c. "L'Enrhumé," et la dernière de "La Cocarde Blanche." 4th. D'avoir provoqué au port public d'un signe exterieur de ralliement non autorisé par le roi, dans "Le Vieux Drapeau." Great interest was taken in the accused, and notwithstanding the gendarmerie, the crowd assembled in such numbers around the judgment seat,* that the president of the court, M. Larrieux, and one of the assistant judges (there were five in all upon the bench) were obliged to enter by the window. The prosecution was conducted by the avocat général M. Marchangy; and Béranger was defended by Dupin ainé, who stands perhaps at the head of the French bar, and who is not more distinguished for his eloquence and professional skill, than he is for the general enlargement and liberality of his views. After a long and warmly contested trial, in which elaborate speeches were delivered on both sides; speeches so highly interesting in themselves and so peculiarly illustrative of the character of the eloquence of the French bar, that we wish our limits allowed us to make some extracts from the report before us; the question was left to the jury, who acquitted Béranger "Jamais," says the Procès, "jamais, de memoire d'habitué, l'audience d'un tribunal n'a presenté d'affluence aussi extraordinaire d'amateurs." on the first and third counts, and found him guilty by a majority of seven to five on the second and fourth. The court, however, in passing sentence observed, that the charge specified in the fourth count was no crime, according to the code, and Béranger was therefore condemned to the mildest punishment admitted by the law; he was sentenced to three months imprisonment, and amerced in the very moderate fine of five hundred francs. We do not know that there was any thing peculiarly odious in this particular instance of the execution of those severe laws which fetter the French press. But we think that it must have been a source of regret to the poet and his friends, that this penalty was not inflicted for the political offence specified in the third charge, rather than for that against good morals involved in the second-although the punishment would have been far heavier in the former case. For while we see that the first and second counts were inserted merely as additional strings to the ministerial bow, still the verdict of "immorality" is by no means so enviable as that of "sedition," which generally admits of being translated "love of freedom," and while any suffering in the latter cause is universally commisserated, in the former, our pity is always largely alloyed with censure. Still, as it is certain that no prosecution would have been instituted, except for political reasons, Béranger cannot be regarded otherwise than as a martyr in the cause of freedom, this was the opinion of all France, and it is one which we have no wish or intention to dispute. The sentence of the Cour d'Assises was carried into effect, and Béranger was immured in Sainte Pélagie, that execrable prison in the heart of Paris, the abuses of which have been described in "Les Ermites en Prison," by M. M. Jay and Jouy, who preceded our author there. He had, however, scarcely become settled in his new quarters, when he was again summoned before the same tribunal which had just condemned him. The details of this second prosecution are briefly these. The defence made in behalf of Béranger, on the late trial, owing to the rigorous censorship then exercised over the press, had not been permitted to appear in any of the public prints, while the poet had the vexation of seeing Marchangy's speech inserted at full length in all the ministerial papers. Not at all disposed to submit to this species of justice, he immediately published a small volume entitled "Procès fait aux chansons de Béran * Three thousund copies of this Procés, &c. were sold. ger," with the pleasant motto taken from his own "Faridondaine.' "Si l'on ne prend garde aux chansons, This publication, besides a full report of the speeches, both of Marchangy and Dupin, contained all the proceedings of the inferior ministers of justice, prior to the trial, and among them the Arrêt de Renvoi. This, which is a species of indictment drawn up by the Chambre d'accusation from the reports of the procureur and avocat général, and which takes its name from the concluding clause which sends (renvoie) the accused for trial to the court, within whose jurisdiction the offence lies, usually comprises, in addition to a specification of the charges, a very full and particular detail of the grounds of offence, and did in this case actually contain all the obnoxious songs. On the ground, therefore, that the insertion of this Arrêt de Renvoi, in the "Procés" was a republication of what had already been condemned, a prosecution was commenced against Béranger and the publishers, the brothers Baudouin. The trial came on in March, 1822. Marchangy conducted the prosecution, and Dupin, aided by Berville, a litterateur of some eminence, as well as a professional man, were counsel for the accused. Had the attorney general succeeded, Béranger would have undergone a much more severe punishment, and a barrier would have been thrown in the way of any attempt at giving publicity to legal proceedings-but the defence, placed upon the ground that the Arrêt was to be viewed only with reference to the source whence it emanated, and that no regard was to be paid to the matter which it contained, was completely successful, and the accused were acquitted. Having thus related the principal circumstances attending the publication of 1821, we proceed to the appearance of Béranger's next volume, the Chansons Nouvelles, which were published in 1825. In this collection are comprised the songs written during the first prosecution, those composed at Saínte Pélagie, and the remainder of the children of his lyre down to the period of publication. Upon his release from confinement in March, 1821, Lafitte, the banker, offered to the poet, at that time apparently destitute of the means of support, a situation in his bureaux. This Béranger refused, and the circumstance forms the subject * This appears from the fact that the single volume published in 1815, which was received with no disapprobation, contained much the larger portion of the immoral songs, and not one of the obnoxious political effusions. |