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PART II. THE LAWSUIT ITSELF (30th December, 1750-18th and 26th February, 1751)

Hirsch slunk hurriedly home, uncertain whether dead or alive. Old Hirsch, hearing of such explosion, considered his house and family ruined; and, being old and feeble, took to bed upon it, threatening to break his heart. Voltaire writes to Niece Denis, on the morrow; not hinting at the Hirsch matter, far from that; but in uncommonly dreary humor: "My splendor here, my glory, never was the like of it; MAIS, MAIS," BUT, and ever again BUT, at each new item,—in fact, the humor of a glorious Phoenix-Peacock suddenly douched and drenched in dirty water, and feeling frost at hand! ["To Madame Denis" (lxxiv. 279, "Berlin Palace, 26th December, 1750;"—and ib. 249, 257, &c. of other dates).] Humor intelligible enough, when dates are compared.

Better than that, Voltaire is applying, on all points of the compass, to Legal and Influential Persons, for help in a Court of Law. To Chancellor Cocceji; to Jarriges (eminent Prussian Frenchman), President of Court; to Maupertuis, who knows Jarriges, but "will not meddle in a bad business;"—at last, even to dull reverend Formey, whom he had not called on hitherto. Cocceji seems to have answered, to the effect, "Most certainly: the Courts are wide open;"—but as to "help"! December 30th, the Suit, Voltaire VERSUS Hirsch, "comes to Protocol,"—that is, Cocceji, Jarriges, Loper, three eminent men, have been named to try it; and Herr Hofrath Bell, Advocate for Voltaire Plaintiff, hands in his First Statement that day. Berlin resounds, we may fancy how! Rumor, laughter and wonder are in all polite quarters; and continue, more or less vivid, for above two months coming. Here is one direct glimpse of Plaintiff, in this interim; which we will give, though the eyes are none of the best: "The first visit I," Formey, "had from Voltaire was in the afternoon of January 8th) 1751 [Suit begun ten days ago]. I had, at the time, a large party of friends. Voltaire walked across the Apartment, without looking at anybody; and, taking me by the hand, made me lead him to a cabinet adjoining. His Lawsuit with a Jew was the matter on hand. He talked to me at large about his Lawsuit, and with the greatest vehemence; he wound up by asking me to speak to Law-President M. de Jarriges (since Chancellor): I answered what was suitable;"—probably did speak to Jarriges, but might as well have held my tongue. "Voltaire then took his leave: stepping athwart the former Apartment with some precipitation, he noticed my eldest little girl, then in her fourth year, who was gazing at the diamonds on his Cross of the Order of Merit. 'Bagatelles, bagatelles, MON ENFANT!' said he, and disappeared." [Formey, i. 232.]

On New-Year's day, Friday, 1st January, 1751, Voltaire had legally applied to Herr Minister von Bismark, for Warrant to arrest Hirsch, as a person that will not give up Papers not belonging to him. Warrant was granted, and Hirsch lodged in Limbo. Which worsens the state of poor old Father Hirsch; threatening now really to die, of heart-break and other causes. Hirsch Son, from the interior of Limbo, appeals to Bismark, "Lord Chancellor Cocceji is seized of my Plea, your gracious Lordship!"—"All the same," answers Bismark; "produce CAUTION, or you can't get out." Hirsch produces caution; and gets out, after a day or two;—and has been "brought to Protocol January 4th." No delay in this Court: both parties, through their Advocates, are now brought to book; the points they agree in will be sifted out, and laid on this side as truth; what they differ in, left lying on that side, as a mixture of lies to be operated on by farther processes and protocols.

We will not detail the Lawsuit;—what I chiefly admire in it is its brevity. Cocceji has not reformed in vain. Good Advocates, none other allowed; and no Advocate talks; he merely endeavors to think, see and discover; holds his tongue if he can discover nothing: that doubtless is one source of the brevity!—Many lies are stated by Hirsch, many by Voltaire: but the Judges, without difficulty, shovel these aside; and come step by step upon the truth. Hirsch says plainly, He was sent to buy STEUER-SCHEINE at 35 per cent discount; Voltaire entirely denies the Steuer-Notes; says, It was an affair of Peltries and Jewelries, originating in loans of money to this ungrateful Jew. Which necessitates much wriggling on the part of M. de Voltaire;—but he has himself written in a Lawyer's Office, in his young days, and knows how to twist a turn of expression. The Judges are not there to judge about Steuer-Notes; but they give you to understand that Voltaire's Peltry-and-Jewelry story is moonshine. Hirsch produces the Voltaire Scraps of Writing, already known to our readers; Voltaire says, "Mere extinct jottings; which Hirsch has furtively picked out of the grate,"—or may be said to have picked; Papers annihilated by our Bargain of December 16th, and which should have been in the grate, if they were not; this felon never having kept his word in that respect. Peltries and Jewelries, I say: he will not give me back that Paris Bill which was protested; pays me the other 3,000 crowns (Draft of 650 pounds) in Jewels overvalued by half.—"Jewels furtively changed since Plaintiff had them of me!" answers Hirsch;—and the steady Judges keep their sieves going.

The only Documents produced by Voltaire are Two; of 19th DECEMBER and of 24th DECEMBER;—which the reader has not yet seen, but ought now to gain some notion of, if possible. They affect once more, as that of December 16th had done, to be "Final Settlements" (or Final Settlement of 19th, with CODICIL of 24th); and turn on confused Lists of Jewels, bought, returned, re-bought (that "Topaz ring" torn from one's hand, a conspicuous item), which no reader would have patience to understand, except in the succinct form. Let all readers note them, however,—at least the first of them, that of December 19th; especially the words we mark in Italics, which have merited a sad place for IT in the history of human sin and misery. Klein has given both Documents in engraved fac-simile; we must help ourselves by simpler methods. Berlin, December 19th, 1750; Voltaire writes, Hirsch signs;—and the Italics are believed to be words foisted in by M. de Voltaire, weeks after, while the Hirsch pleadings were getting stringent! Read,—a very sad memorial of M. de Voltaire,—

DOCUMENT FIFTH (in Voltaire's hand, written at two times; and the old writing MENDED in parts, to suit the new!).—"FOR PAYMENT OF 3,000 THALERS BY ME DUE, I have sold to M. de Voltaire, at the price costing by estimation and tax, with 2 per cent for my commission ["OR GRATIFICATION," written above], the following Diamonds, taxed [blotted into "TAXABLE"], as here adjoined; viz."—seven pieces of jewelry, pendeloques, &c., with price affixed, among which is the violated Topaz,—"the whole estimated by him ["him" crossed out, and "ME" written over it], being 3,640 thalers. Whereupon, received from Monsieur de Voltaire [what is very strange; not intelligible without study!] the sum of 2,940 thalers, and he has given me back the Topaz, with 60 crowns for my trouble.—Berlin, 19th December, 1750." (Hitherto in Voltaire's hand; after which Hirsch writes:) "APROUVE, A. Hirschel." [Sic: that is always his SIGNATURE; "Abraham HirschEL," so given by Klein, while Klein and everybody CALL him Hirsch (STAG), as we have done,—if only to save a syllable on the bad bargain.] And between these two lines ("... 1750" and "APPROVED..."), there is crushed in, as afterthought, "VALUED BY MYSELF [Hirsch's self], 2,940, ADD 60, IS 3,000." And, in fine, below the Hirsch signature, on what may be called the bottom margin, there is,—I think, avowedly Voltaire's and subsequent,—this: "N.B. that Hirsch's valuing of all the jewels [present lot and former lot] is, by real estimation, between twice and thrice too high;" of which, it is hoped, your Lordships will take notice!

Was there ever seen such a Paper; one end of it contradicting the other? Payment TO M. de Voltaire, and payment BY M. de Voltaire;—with other blottings and foistings, which print and italics will not represent! Hirsch denies he ever signed this Paper. Is not that your writing, then: "APROUVE, A. Hirschel"?—"No!" and they convict him of falsity in that respect: the signature IS his, but the Paper has been altered since he signed it. That is what the poor dark mortal meant to express; and in his mulish way, he has expressed into a falsity what was in itself a truth. There is not, on candid examination of Klein's Fac-similes and the other evidence, the smallest doubt but Voltaire altered, added and intercalated, in his own privacy, those words which we have printed in italics; TAXES changed into TAXABLES ("estimated at" into "estimable at"), HIM for ME, and so on; and above all, the now first line of the Paper, FOR PAYMENT OF 3,000 THALERS BY ME DUE, and in last line the words VALUED BY MYSELF, &c., are palpable interpolations, sheer falsifications, which Hirsch is made to continue signing after his back is turned!

No fact is more certain; and few are sadder in the history of M. de Voltaire. To that length has he been driven by stress of Fortune. Nay, when the Judges, not hiding their surprise at the form of this Document, asked, Will you swear it is all genuine? Voltaire answered, "Yes, certainly!"—for what will a poor man not do in extreme stress of Fortune? Hirsch, as a Jew, is not permitted to make oath, where a Quasi-Christian will swear to the contrary, or he gladly would; and might justly. The Judges, willing to prevent chance of perjury, did not bring Voltaire to swearing, but contrived a way to justice without that.

FEBRUARY 18th, 1751, the Court arrives at a conclusion. Hirsch's Diamonds, whatever may have been written or forged, are not, nor were, worth more than their value, think the Judges. The Paris Bill is admitted to be Voltaire's, not Hirsch's, continue they;—and if Hirsch can prove that Voltaire has changed the Diamonds, not a likely fact, let him do so. The rest does not concern us. And to that effect, on the above day, runs their Sentence: "You, Hirsch, shall restore the Paris Bill; mutual Papers to be all restored, or legally annihilated. Jewels to be valued by sworn Experts, and paid for at that price. Hirsch, if he can prove that the Jewels were changed, has liberty to try it, in a new Action. Hirsch, for falsely denying his Signature, is fined ten thalers (thirty shillings), such lie being a contempt of court, whatever more."

"Ha, fined, you Jew Villain!" hysterically shrieks Voltaire: "in the wrong, weren't you, then; and fined thirty shillings?" hysterically trying to believe, and make others believe, that he has come off triumphant. "Beaten my Jew, haven't I?" says he to everybody, though inwardly well enough aware how it stands, and that he is a Phoenix douched, and has a tremor in the bones! Chancellor Cocceji was far from thinking it triumphant to him. Here is a small Note of Cocceji's, addressed to his two colleagues, Jarriges and Loper, which has been found among the Law Papers:

"BERLIN, 20th FEBRUARY, 1751. The Herr President von Jarriges and Privy-Councillor Loper are hereby officially requested to bring the remainder of the Voltaire Sentence to its fulfilment: I am myself not well, and can employ my time much better. The Herr von Voltaire has given in a desperate Memorial (EIN DESPERATES MEMORIAL) to this purport: 'I swear that what is charged to me [believed of me] in the Sentence is true; and now request to have the Jewels valued.' I have returned him this Paper, with notice that it must be signed by an Advocate.—COCCEJI." [Klein, 256.]

So wrote Chancellor Cocceji, on the Saturday, washing his hands of this sorry business. Voltaire is ready to make desperate oath, if needful. We said once, M. de Voltaire was not given to lying; far the reverse. But yet, see, if you drive him into a corner with a sword at his throat,—alas, yes, he will lie a little! Forgery lay still less in his habits; but he can do a stroke that way, too (one stroke, unique in his life, I do believe), if a wild boar, with frothy tusks, is upon him. Tell it not in Gath,—except for scientific purposes! And be judicial, arithmetical, in passing sentence on it; not shrieky, mobbish, and flying off into the Infinite!

Berlin, of course, is loud on these matters. "The man whom the King delighted to honor, this is he, then!" King Friedrich has quitted Town, some while ago; returned to Potsdam "January 30th." Glad enough, I suppose, to be out of all this unmusical blowing of catcalls and indecent exposure. To Voltaire he has taken no notice; silently leaves Voltaire, in his nook of the Berlin Schloss, till the foul business get done. "VOLTAIRE FILOUTE LES JUIFS (picks Jew pockets)," writes he once to Wilhelmina: "will get out of it by some GAMBADE (summerset)," writes he another time; "but" ["31st December, 1750" (—OEuvres de Frederic,—xxvii, i. 198); "3d February, 1751" (ib. 201).]—And takes the matter with boundless contempt, doubtless with some vexation, but with the minimum of noise, as a Royal gentleman might. Jew Hirsch is busy preparing for his new desperate Action; getting together proof that the Jewels have been changed. In proof Jew Hirsch will be weak; but in pleading, in public pamphlets, and keeping a winged Apollo fluttering disastrously in such a mud-bath, Jew Hirsch will be strong. Voltaire, "out of magnanimous pity to him," consents next week to an Agreement. Agreement is signed on Thursday, 26th February, 1751:—Papers all to be returned, Jewels nearly all, except one or two, paid at Hirsch's own price. Whereby, on the whole, as Klein computes, Voltaire lost about 150 pounds;—elsewhere I have seen it computed at 187 pounds: not the least matter which. Old Hirsch has died in the interim ("Of broken heart!" blubbers the Son); day not known.

And, on these terms, Voltaire gets out of the business; glad to close the intolerable rumor, at some cost of money. For all tongues were wagging; and, in defect of a TIMES Newspaper, it appears, there had Pamphlets come out; printed Satires, bound or in broadside;—sapid, exhilarative, for a season, and interesting to the idle mind. Of which, TANTALE EN PROCES may still, for the sake of that PREFACE to it, be considered to have an obscure existence. And such, reduced to its authenticities, was the Adventure of the Steuer-Notes. A very bad Adventure indeed; unspeakably the worst that Voltaire ever tried, who had such talent in the finance line. On which poor History is really ashamed to have spent so much time; sorting it into clearness, in the disgust and sorrow of her soul. But perhaps it needed to be done. Let us hope, at least, it may not now need to be done again. [Besides the KLEIN, the TANTALE EN PROCES and the Voltaire LETTERS cited above, there is (in—OEuvres de Voltaire,—lxiv. pp. 61-106, as SUPPLEMENT there), written off-hand, in the very thick of the Hirsch Affair, a considerable set of NOTES TO D'ARGET, which might have been still more elucidative; but are, in their present dateless topsy-turvied condition; a very wonder of confusion to the studious reader!]

This is the FIRST ACT of Voltaire's Tragic-Farce at the Court of Berlin: readers may conceive to what a bleared frost-bitten condition it has reduced the first Favonian efflorescence there. He considerably recovered in the SECOND ACT, such the indelible charm of the Voltaire genius to Friedrich. But it is well known, the First Act rules all the others; and here, accordingly, the Third Act failed not to prove tragical. Out of First Act into Second the following EXTRACTS OF CORRESPONDENCE will guide the reader, without commentary of ours.

Voltaire, left languishing at Berlin, has fallen sick, now that all is over;—no doubt, in part really sick, the unfortunate Phoenix-Peafowl, with such a tremor in his bones;—and would fain be near Friedrich and warmth again; fain persuade the outside world that all is sunshine with him. Voltaire's Letters to Friedrich, if he wrote any, in this Jew time, are lost; here are Friedrich's Answers to Two,—one lost, which had been written from Berlin AFTER the Jew affair was out of Court; and to another (not lost) after the Jew affair was done.

1. KING FRIEDRICH TO VOLTAIRE AT BERLIN.

"POTSDAM, 24th February, 1751. "I was glad to receive you in my house; I esteemed your genius, your talents and acquirements; and I had reason to think that a man of your age, wearied with fencing against Authors, and exposing himself to the storm, came hither to take refuge as in a safe harbor.

"But, on arriving, you exacted of me, in a rather singular manner, Not to take Freron to write me news from Paris; and I had the weakness, or the complaisance, to grant you this, though it is not for you to decide what persons I shall take into my service. D'Arnaud had faults towards you; a generous man would have pardoned them; a vindictive man hunts down those whom he takes to hating. In a word, though to me D'Arnaud had done nothing, it was on your account that he had to go. You were with the Russian Minister, speaking of things you had no concern with [Russian Excellency Gross, off home lately, in sudden dudgeon, like an angry sky-rocket, nobody can guess why! Adelung, vii. 133 (about 1st December, 1750).]—and it was thought I had given you Commission." "You have had the most villanous affair in the world with a Jew. It has made a frightful scandal all over Town. And that Steuer-Schein business is so well known in Saxony, that they have made grievous complaints of it to me.

"For my own share, I have preserved peace in my house till your arrival: and I warn you, that if you have the passion of intriguing and caballing, you have applied to the wrong hand. I like peaceable composed people; who do not put into their conduct the violent passions of Tragedy. In case you can resolve to live like a Philosopher, I shall be glad to see you; but if you abandon yourself to all the violences of your passions, and get into quarrels with all the world, you will do me no good by coming hither, and you may as well stay in Berlin." [Preuss, xxii. 262 (WANTING in the French Editions).]—F.

To which Voltaire sighing pathetically in response, "Wrong, ah yes, your Majesty;—and sick to death" (see farther down),—here is Friedrich's Second in Answer:—

2. FRIEDRICH TO VOLTAIRE AGAIN.

"POTSDAM, 28th February, 1751. "If you wish to come hither, you can do so. I hear nothing of Lawsuits, not even of yours. Since you have gained it, I congratulate you; and I am glad that this scurvy affair is done. I hope you will have no more quarrels, neither with the OLD nor with the New TESTAMENT. Such worryings (CES SORTES DE COMPROMIS) leave their mark on a man; and with the talents of the finest genius in France, you will not cover the stains which this conduct would fasten on your reputation in the long-run. A Bookseller Gosse [read JORE, your Majesty? Nobody ever heard of Gosse as an extant quantity: Jore, of Rouen, you mean, and his celebrated Lawsuit, about printing the HENRIADE, or I know not what, long since] [Unbounded details on the Jore Case, and from 1731 to 1738 continual LETTERS on it, in—OEuvres de Voltaire;——came to a head in 1736 (ib. lxix. 375); Jore penitent, 1738 (ib. i. 262), &c. &c.], a Bookseller Jore, an Opera Fiddler [poor Travenol, wrong dog pincered by the ear], and a Jeweller Jew, these are, of a surety, names which in no sort of business ought to appear by the side of yours. I write this Letter with the rough common-sense of a German, who speaks what he thinks, without employing equivocal terms, and loose assuagements which disfigure the truth: it is for you to profit by it.—F." [—OEuvres de Frederic,—xxii. 265.]

So that Voltaire will have to languish: "Wrong, yes;—and sick, nigh dead, your Majesty! Ah, could not one get to some Country Lodge near you, 'the MARQUISAT' for instance? Live silent there, and see your face sometimes?" [In—OEuvres de Frederic—(xxii. 259-261, 263-266) are Four lamenting and repenting, wheedling and ultimately whining, LETTERS from Voltaire, none of them dated, which have much about "my dreadful state of health," my passion" for reposing in that MARQUISAT," &c.;—to one of which Four, or perhaps to the whole together, the above No. 2 of Friedrich seems to have been Answer. Of that indisputable "MARQUISAT" no Nicolai says a word; even careful Preuss passes "Gosse" and it with shut lips.] Languishing very much;—gives cosy little dinners, however. Here are two other Excerpts; and these will suffice:—

VOLTAIRE TO FORMEY ("BERLIN PALACE;" DATABLE, FIRST DAYS OF MARCH): "Will you, Monsieur, come and eat the King's roast meat (ROT DU ROI), to-day, Thursday, at two o'clock, in a philosophic, warm and comfortable manner (PHILOSOPHIQUEMENT ET CHAUDEMENT ET DOUCEMENT). A couple of philosophers, without being courtiers, may dine in the Palace of a Philosopher-King: I should even take the liberty of sending one of his Majesty's Carriages for you,-at two precise. After dinner, you would be at hand for your Academy meeting." [Formey, i. 234.]—V. How cosy!—And King Friedrich has relented, too; grants me the Marquisat; can refuse me nothing!

VOLTAIRE TO D'ARGENTAL (POTSDAM, 15th MARCH 1751).... "I could not accompany our Chamberlain [Von Ammon, gone as Envoy to Paris, on a small matter ["Commercial Treaty;" which he got done. See LONGCHAMP, if any one is curious otherwise about this Gentleman: "D'Hamon" they call him, and sometimes "DAMON",—to whom Niece Denis wanted to be Phyllis, according to Longchamp.]], through the muds and the snows,—where I should have been buried; I was ill," and had to go to the MARQUISAT. "D'Arnaud and the pack of Scribblers would have been too glad. D'Arnaud, animated with the true love of glory, and not yet grown sufficiently illustrious by his own immortal Works, has done ONE of that kind,"—by his behavior here. Has behaved to me—oh, like a miserable, envious, intriguing, lying little scoundrel; and made Berlin too hot for him: seduced Tinois my Clerk, stole bits of the Pucelle (brief SIGHT of bits, for Prince Henri's sake) to ruin me.

"D'Arnaud sent his lies to Freron for the Paris meridian [that is his real crime]; delightful news from canaille to canaille: 'How Voltaire had lost a great Lawsuit, respectable Jew Banker cheated by Voltaire; that Voltaire was disgraced by the King,' who of course loves Jews; 'that Voltaire was ruined; was ill; nay at last, that Voltaire was dead.'" To the joy of Freron, and the scoundrels that are printing one's PUCELLE. "Voltaire is still in life, however, my angels; and the King has been so good to me in my sickness, I should be the ungratefulest of men if I didn't still pass some months with him. When he left Berlin [30th January, six weeks ago], and I was too ill to follow him, I was the sole animal of my species whom he lodged in his Palace there [what a beautiful bit of color to lay on!]—He left me equipages, cooks ET CETERA; and his mules and horses carted out my temporary furniture (MEUBLES DE PASSADE) to a delicious House of his, close by Potsdam [MARQUISAT to wit, where I now stretch myself at ease; Niece Denis coming to live with me there,—talks of coming, if my angels knew it],—and he has reserved for me a charming apartment in his Palace of Potsdam, where I pass a part of the week.

"And, on close view, I still admire this Unique Genius; and he deigns to communicate himself to me;—and if I were not 300 leagues from you, and had a little health, I should be the happiest of men." [—OEuvres de Voltaire,—lxxiv. 320.]... Oh, my angels—

And, in short, better or worse, my SECOND ACT is begun, as you perceive!—And certain readers will be apt to look in again, before all is over.