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Benjamin F. Martin - The Hypocrisy of Justice in the Belle Epoque

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The Dreyfus Affair of the 1890s and the violent controversies that surrounded it appeared to pass two very different judgments on the France of the Third Republic. The outcome o the trial -- Captain Dreyfus convicted without guilt and the real traitor acquitted despite guilt -- demonstrated without question the extraordinary hypocrisy of the military justice system. But the furor raised by Dreyfus conviction and the agitation for his release suggested that the injustice of the courts verdict was uncharacteristic of French society; that for France as a nation the rendering of justice was paramount, even at the expense of disgracing both the military and a conspiring government.
In The Hypocrisy of Justice in the Belle Epoque, Benjamin Martin examines the events of three sensational criminal cases to reveal that the willful mangling of justice that occurred in the Dreyfus trial was far from rare in the Third Republic France. He finds, in fact, that justice in the Belle Epoque was hypocritical in the extreme, with the outcome of trials easily tainted by the power and influence of politics, money, and illicit sex. At times, justice deviated so far from the ideal that its goal was not the strict application of the law or even the discovery of the truth, but rather the imposition of a system of rewards and punishments meted out in accordance with a capricious vision of social utility.
Martin begins with the case of Marguerite Steinheil, the wife of an artist of only middling talent. A strikingly beautiful woman, she presided over a famous salon and was the lover of influential politicians. When she was tried for the brutal murders of her husband and her mother, Marguerite defended herself with a flurry of extravagant stories and unlikely counter-accusations. Even so, she was found innocent of all charges, and the crimes were left unsolved.
The second trial considered is that of Thrse Humbert, a young woman who used an apparently innate talent for elaborate deception in rising from poverty to the upper reaches of Parisian society. With the aid of her husband and her brothers, Thrse created a series of specious lawsuits over an illusory American legacy. Then, playing on the greed of dozens of investors, she skillfully manipulated the French courts to perpetrate a fraud that would last for twenty years, yield millions, and make her salon one of the most dazzling in Europe until the day when the ruse was finally found out.
The third case is that of Henriette Caillaux, the wife of an important leader in the Radical party. She admitted shooting Gaston Calmette, the influential newspaper editor who had been carrying out a campaign of vilification against her husband. But when she was tried for the murder in 1914, Henriette was found innocent and allowed to go free.
The sensational trials of Marguerit Steinheil, Thrse Humbert, and Henriette Caillaux mirrored in many the stalemate society of the Belle Epoque itself. By examining the hypocrisy of justice in the Third Republic, Benjamin Martin uncovers the vast extent of that societys corruption, the amorality and sordidness that were cloaked only partially by the mantle of respectability.

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The Hypocrisy of Justice in the Belle Epoque
The Hypocrisy of Justice in the Belle Epoque
Benjamin F. Martin
Louisiana State University Press
Baton Rouge and London
Copyright 1984 by Louisiana State University Press
All rights reserved
Manufactured in the United States of America
Designer: Joanna Hill
Typeface: Linotron Palatino
Typesetter: Moran Colorgraphic Incorporated
Printer and binder: Vail-Ballou
All illustrations are reprinted courtesy of the French Institute/Alliance Franaise of New York.
Library of Congress Cataloging in Publication Data
Martin, Benjamin F., 1947
The hypocrisy of justice in the belle epoque.
Bibliography: p.
Includes index.
1. TrialsFrance. 2. Criminal justice, Administration ofFrance. 3. FranceHistoryThird Republic, 18701940. 1. Title.
LAW 345.4402 83-16263
ISBN 0-8071-1116-3 344.4052
ISBN 0-8071-2494-X (pbk.)
for
Janis
maintenant et toujours
CONTENTS
ILLUSTRATIONS
PREFACE AND ACKNOWLEDGMENTS
From June to August, 1977, I participated in a summer seminar of the National Endowment for the Humanities directed by Eugen Weber at the University of California, Los Angeles. The seminar considered the interrelationships of high culture and popular cultures in nineteenth-and twentieth-century Europe. I pursued in particular the interaction of national and local political cultures in rural France. The experience led me to question to what extent the practice of politics and the attitudes that derive from the combination of politics and social prejudice influence justice. This book grew out of that questioning.
The project was made less difficult and more pleasant through the encouragement and suggestions of Lamar Cecil, Roy Watson Curry, David H. Pinkney, Vincent Milligan, and John Raymond Walser. Grard Poisson and Jean-Louis Ginhac, of the Archives de la Prfecture de Police, Paris, and Sgolne de Dainville-Barbiche and Genevive Le Mol, of the Archives Nationales, were excellent guides to the treasures they administer. Generous grants from the Andrew W. Mellon Foundation allowed me to spend precious months in France and underwrote the cost of preparing the final manuscript. I am grateful to the French Institute/Alliance Franaise of New York for permission to adapt and reprint material I first published in the magazine of the American Society of the French Legion of Honor: The Steinheil Affair, 19081909, Laurels, L (Winter, 1979), 13752, and The Caillaux Affair: Justice as a Political Statement, Laurels, LII (Winter, 1981), 14362; and for the right to reproduce the illustrations from its archives that accompany the text. Leslie E. Phillabaum, Beverly Jarrett, John Easterly, and the capable staff of the Louisiana State University Press made the process of shepherding the manuscript through publication more enjoyable than tedious. My research assistants, Jane Catherine Overton, Carol Louise Bird, and Linda Elaine Patterson, did much to maintain order in the project and compiled the index. My greatest debt is owed to my wife, Janis Kilduff Martin. This book is dedicated to her.
The Hypocrisy of Justice in the Belle Epoque
INTRODUCTION
Frances Third Republic was born in 1870 during the lost Franco-Prussian War and was the eighth change in the governmental structure since 1789. The constitution was the shortest and most ambiguous in French history and consequently the most lasting. It was a conservative republic a republic because the monarchists were unable to decide among three pretenders; conservative because the Jacobin traditions had been discreditedaggressive nationalism by the defeat in war, economic egalitarianism by the crushing of the Paris Commune in 1871. The society of the Republic was a stalemate. Political freedom would be the opium of the masses, for whom there was little opportunity to rise in the rigid social structure of family, correct schools, and old-boy networks. Bourgeois was a compliment, arriviste an insult. The very slow expansion of the economy and the long period of deflation in the 1880s and 1890s prevented the growth of a working-class consciousness and increased the importance of rentier wealth and of the mentality that went with it. Peasants and artisans believed that the modern world would not overtake them and maintained their patterns of life and deference unchanged. Faced with no necessity ever to work, the scions of the bourgeoisie and the aristocracy could become leisured dilettantes, pursuing politics as a pastime or adopting a literary or artistic culture. It was not difficult to do both: Maurice Barrs, Charles Maurras, and Charles Pguy, among others, provided Roger Martin du Gard with the example for his Jean Barois, in which political action becomes founding a critical journal.
France, so goes the epigram, is a nation of calm people governed by overwrought politicians. For most of the country, politics were local politics, the struggle for dominance by powerful families whose rivalries went back many years and who adopted the colors of national issues only for effect. Affairs of state were mysterious to the average Frenchman in the late nineteenth century, and politicians in Paris were to be mistrusted. From Paris, the view was equally extreme: only in France is everything outside the capital considered the provinces. Government was carried on by career bureaucrats because the politics of the Third Republic were more drama than action. The theater was the Chamber of Deputies and the Senate, a legislature that so often turned out the premier and his cabinet that between 1870 and 1914 no ministry lasted longer than three years, and most toppled in less than twelve months. Looking on benignly was an impotent chief of state, the president of the Republic. During the first forty years of the Republic, the office was occupied by eight men, each one the inferior of his predecessor: Adolphe Thiers (18711873), a former royalist turned founder of the Republic, who was deposed by the monarchists he had betrayed; Marshal Patrice de MacMahon (18731879), the military leader with the fewest defeats, who resigned under pressure after unsuccessfully trying to influence the composition of the legislature; Jules Grvy (18791887), last truly a leader in 1848, who resigned in disgrace after ordering the police to destroy the evidence for influence-peddling against his son-in-law; Franois Sadi-Carnot (18871894), elected because his grandfather had organized revolutionary victories ninety years before, and assassinated by a crazed Italian anarchist; Jean Casimir-Prier (18941895), a millionaire businessman who promised law and order but became bored and impatient enough to resign after six months; Flix Faure (18951899), whose virile appearance was his greatest asset and who died in the arms of his mistress of heart failure; Emile Loubet (18991906), elected largely because he had been able to hush up the Panama Canal scandal in 1894; Armand Fallires (19061913), who was little more than a peasant made good.
With this leadership, the single unchanging feature of Third Republic politics was the pork barrel. Grvys son-in-law Daniel Wilson and the Panama Canal scandal were the most obvious examples, but there were recurrent raids on the public treasury and the national welfare by all of those with influence. Large landowners and peasants alike put off the day of rationalization and reckoning with world competition through hefty tariffs. Industrialists hid their inefficiencies in similar fashion, although their demands were less reactionary. The Freycinet railway program, which, more than any other legislative act, modernized and opened up France, directly benefited the businessmen who sat in the Chamber and Senate and voted the law. Corruption among the deputies and senators was rampant, and even the most upright of them campaigned for reelection on the claim of having diverted large amounts of government funds to their districts. It was in this manner that national politics most frequently impinged on the provincesand to the good, as the schoolhouses and schoolmasters, the new roads and the railways brought manifold changes. This was Frances civilizing mission at home: peasants were being turned into Frenchmenthat is, bourgeois Frenchmen.
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