Victor Hugo versus the Comédie-Française: When the greatest writer of the 19th-century had to take the renowned theater to court to get it to honor its contract to perform his plays

hugo hernani artcurial

Victor Hugo (1802-1885), Manuscript of “Hernani” delivered to the censors, 1829. 115 pages in one volume in-folio (35.3 x 22.8 cm). Includes seven requests for correction of the censor. Pre-sale estimate: 2,000 – 3,000 Euros. Image copyright and courtesy Artcurial.

Introduction by Victor Hugo
Translation and preface by Paul Ben-Itzak

If you think all you can glean from a sale of musty old books and manuscripts is a whooping cough, think again. What arises most remarkably from today’s sale of 19th and 20th-century literature belonging to the Collections Aristophil organized by Artcurial, Aguttes, Drouot Estimations and Ader-Nordmann in the Drouot-Richelieu auction facilities in Paris is not dust but history, and not just literary histories but histories of humanity. Among the more than 100 lots comprised of manuscripts, original editions, photographs, and art by or associated with Victor Hugo which constitute the heart of the auction is a 115-page manuscript for “Hernani,” considered by many to be the first salvo launched by the Romantics of whom Hugo was the general on the citadel of the Classicists. If this manuscript — estimated pre-sale by the auctioneers at 2,000 – 3,000 Euros — is the example the author submitted to the censors in 1829, contrary to what one might assume, the impediments to getting Hugo’s plays produced didn’t fall with censorship in the Revolution that followed the next year. They only increased. Herewith our translation of the proceedings of the legal process the author was forced to launch against the august Comédie-Français in 1837 after seven years of trying in vain to get the theater created by Moliere to honor its contracts to perform “Hernani,” “Marian de Lorme,” and “Angelo,” as reported by French legal journals and as included and introduced by Hugo himself in “Victor Hugo – Theatre Complete,” in the edition published by J. Hetzel, Bookseller – Publisher, Paris, 1872 . (A copy of which we picked up not an auction but a ‘vide-grenier’ — like a neighborhood-wide garage sale, meaning literally ’empty the attic’ — above the park Monceau earlier this year … for one Euro.) As you’ll discover, because the plaintiff was Victor Hugo and because the defendant was the Comédie-Française, in other words the guardian of the temple, far from representing just one author’s efforts to get his client to honor its contracts, the affair was a sort of outing of the literary battle of two schools, of the past and the future, previously largely hidden or confined to the corridors of power and the backrooms of the theater. With his later lambasting — in the appeal process — of the ‘coteries’ which controlled what the public gets to see, the proceedings also can’t help but resonate with anyone who observes the programming at the establishment theaters of today, whether in Paris or New York. (In this observer’s view.)

Because Eugene Delacroix was to art what Hugo was to theater — ushering in the  Romantic movement in that world, and even designing costumes for Hugo’s first play — we’ve included below a drawing by the former also on sale in today’s auction. There’s also one from Hugo himself.

Our translation is dedicated to Lewis Campbell, for introducing us and so many others to the humanistic power and historical resonance of the theater. To read our translation of George Sand reviewing Victor Hugo for Victor Hugo, click here. And of Hugo appealing for clemency for John Brown, click hereTo support our work via PayPal, just designate your donation to paulbenitzak@gmail.com  , or write us at that address to learn how to donate by check, or to hire Paul for your translation needs.

Introduction by Victor Hugo

As with “Le roi s’amuse,” “Hernani,” “Marion de Lorme,” and “Angelo” had their trials. At heart, it always comes down to the same thing: Against “Le roi s’amuse,” it was a matter of a literary persecution hidden under a political fracas; against “Hernani,” “Marion de Lorme,” and “Angelo,” of a literary persecution hidden behind the chicaneries of the corridors of power. We’re forced to admit: We’re somewhat hesitant and not a little embarrassed to pronounce this ridiculous term: “literary persecution,” because it’s strange that in the moment in which we’re living, literary prejudgments, literary animosities, and literary intrigues are consistent and solid enough that one can, in piling them up, erect a barricade in front of the door of a theater.

The author was forced to crash through this barricade. Literary censorship, political interdiction, preventions devised in the backrooms of power, he had to solemnly seek justice against secret motives as well as public pretexts. He had to bring to light both petty cabals and ardent enmities. The triple wall of coteries, built up for so long in the shadows, he had to open in this wall a breach wide enough for everybody to pass through it.

As little a thing as it was, this mission was bestowed upon him by the circumstances; he accepted it. He is but — and he is aware of this — a simple and obscure soldier of thought; but the soldier like the captain has his function. The soldier fights, the captain triumphs.

For the 15 years that he’s been at the heart of the imbroglio, in this great battle that the ideas which characterize the century wage so proudly against the ideas of other times, the author has no other pretension than that of having fought the good fight.

When the vanqueurs are tallied, he might be numbered among the dead. No matter! One can die and still be the vanqueur.

One should not therefore be surprised if, in the middle of the trial, he suddenly stood up and spoke. If he did so it was because he sadly sensed the need to do so; because he’d suddenly perceived, at a turning point in his adversaries’ pleading, the larger interests at stake for public morals and literary liberty which solicited him to raise his voice. Because he’d come to see the global question erupt in the middle of the private question. And in such circumstances he has no choice but to act thusly.

In whatever situation in life in which obligation unexpectedly seizes him, he adheres to this obligation.

This trial will one day be part of literary history; not, certainly, because of the three nondiscriminate plays which occasioned it, but because of the trial itself, because of the strange revelations which sprung from it, because of the light it cast in certain caverns, because of the theaters in which it disclosed the wounds, because of the literature to which it consecrated the rights, because of the public in which it so profoundly awoke the attention and stirred up sympathy…. [Whence the reason, Hugo goes on to explain, for the trial record’s inclusion in this compilation of his theatrical oeuvres.]

We reproduce here the four sessions in the two trials [as covered by] the Gazette des Tribunaux, which accurately reported them…. This record will always furnish, we believe, more than one type of instruction and respond to more than one type of interest. It is fitting that the public which comes after us can one day know, if by accident the pages that we inscribe survive until then, to what adventures tragedies were exposed in the 19th century.

And now that the author has explained the full extent of his thinking, permit him to thank here, not in his name but in the name of the literary world, the judges in whom the admirable good sense understood so well that in a minor question lurked a larger question, and that the interests of the poet contained the interests of all.

Permit him also to thank the sovereign court, whose austere equity so completely confirmed the intelligent probity of the initial judges.

Permit him also to thank, finally, the young and admirable lawyer for whom this cause was a continual triumph, M. Paillard de Villeneuve, an incisive mind and noble heart, a precious talent in which all the ingenious and fine qualities are allayed with and completed by all the refined and generous qualities.

Victor Hugo
December 20, 1837

HUGO artcurial houseFrom today’s Paris sale of 19th and 20th century French literature from the Aristophil Collection, co-organized by Artcurial: Victor Hugo (1802-1885), original drawing, signed, with the legend “Maisons a mi-cote.” Pen and brown ink, brown lavis, 23 x 25.5 cm. From the ancient collection of Paul Meurice, to whom Hugo turned over his newspaper “L’evenement” when he took exile in the British iles. Pre-sale estimate: 15,000 – 20,000 Euros. Image copyright and courtesy Artcurial.

Tribunal de Commerce de la Seine
(Presidence de Monsieur Pierrugues)

Monsieur Victor Hugo versus the Comédie-Française

[Contemporary summations by the translator of certain sections will be separated into brackets like these.]

Session of November 6

A large audience, composed for the most part of men of letters and actors, assembled in the chamber of the Tribunal of Commerce. Monsieur Victor Hugo was seated at the Bar.

Maitre Paillard de Villeneuve, Monsieur Victor Hugo’s lawyer, explained as follows the claimant’s case:

“Monsieur Victor Hugo requests that the Comédie-Française be condemned vis-a-vis him to pay damages and interests for having not presented the plays of which he is the author; he demands, in addition, that going forward you order the theater, under threat of penal sanction, to present these works.

“For its part, the Comédie-Française appears to oppose the execution of obligations to which on three different occasions it consented, and which for five years it has persisted in refusing to recognize. Is this stance to be interpreted as signifying that Monsieur Victor Hugo is one of these men who, to impose himself on the [will] of a theater, needs to place himself under the protection of a legal mandate? Does this signify that the Comédie-Française, in this fight that it is waging against its own engagements, can excuse itself by the sacrifices that these engagements impose on it and hand off in a certain manner to the public itself the solidarity of a resistance and of an abandonment in which it is complicit? No, such is not, for the one or the other question, the position of the two sides….

“Monsieur Victor Hugo is among those to whom the Comédie-Française owes its most brilliant and most profitable successes, one of those to whom, in its moments of distress, it turns to pray to think of it, and around whom the crowd still presses with an avid enthusiasm.

“These engagements, against which the theater will plead today, it is the theater itself which solicited them. It knows, it still knows, that for it there’s no peril if it submits; and that this is not one of the least oddities of this cause, that shoulder to shoulder with the private interests of Monsieur Hugo one finds also the interests of the Comédie-Française.

“What is therefore the key to this trial? What circumstances have put both of us in this unusual position?

“It is here, gentlemen, that the cause takes on a character of general interest which raises it above the interests of a private squabble and powerfully recommends it to your meditation.

“At the heart of all this lies, in effect, a question of literary liberty, a question of theatrical monopoly. It has to do with knowing if a theater funded by the State, which operates on the expenses of a budget, must be open to everyone, or if it is no more than the exclusive monopoly of a chosen few; if it is awarded to one dramatic system more than another, and if engagements cease being sacred because they might offend what is sometimes referred to as literary scruples. Bizarre position, that, which seems to send us back to the times when legal decrees leant their strong arms to the lessons of Aristotle: but this position, it is not we who came up with it, and you will see it developed with each of the facts of this trial.

“In the epoch in which Monsieur Victor Hugo wrote ‘Marion de Lorme’ and ‘Hernani,’ two literary systems were in place:

“The ones, admiring only the past, did not imagine that the human spirit could go beyond or follow another road; in their powerlessness to produce new matter, they devoted themselves to being no more than inept imitators, and were condemned to perpetually idle in the presence of a great century of which they’d made themselves the pale satellites.

“The others, young, ardent, conscientious, with at their head Monsieur Victor Hugo, believed, au contraire, that, while continuing to admire the chefs-d’oeuvre of the past, there might be a new quarry to forge; they told themselves that, in the arts as in politics, in morals as in sciences, each epoch must have a mission of its own; that for new mores, for new needs, there must be new forms, new nourishment; lastly, they believed that our century is not so bereft that it must be condemned to be but an echo of the past and that it cannot have, it also, its own original cachet, its own horizons of glory and immortality.

“Who was right and who was wrong? This is not important.

“For all the quarry was opened up; public opinion was there to see and judge on its own.

“You must recall these struggles so animated, so furious, which exploded at the time. One awaited with impatience for the French stage to finally be opened up to what was called the new school.

“But this test must have, or so at least it appears, frightened those who up until then had been the exclusive proprietors of this stage, which they regarded as their own feudal kingdom, and which must be closed at all costs to these hardy innovators, the only theater in which they could encounter their adversaries.

“Thus it was that began to manifest themselves against Monsieur Victor Hugo, and against what was called his school, this series of intrigues which have since never ceased to envelope him, which for seven long years have pursued and harassed him, and which finally, his patience extenuated, prompts him to today demand from you reparation.

artcurial delacroix 236From today’s Paris sale of 19th and 20th century French literature from the Aristophil Collection, co-organized by Artcurial: Eugene Delacroix, “Study for Moulay Abd-er-Rahman, Sultan of Morocco,” probably 1832. Much as Delacroix sometimes unfairly gets the rap for ushering in the dubious artistic movement of Orientalism, this drawing is no imagined fancy. The artist met the sultan in 1832, when he accompanied French ambassador Charles de Mornay, charged by the government of Louis-Philippe with opening up relations with Morocco, on his North African voyage. If the painting for which the drawing is a study was made in 1845 for that year’s Salon, the study likely dates from this trip. On the 10-day odyssey which took the party to their meeting with the Sultan, passing besides overflowing rivers and over rough terrain, the painter could often be seen pausing on his saddle, in the shadow of a fig tree, or while walking  hastily scribbling an artistic record of the marvels passing before his eyes. (Source: “Delacroix,” Hachette, 1963.) Black crayon, 17 x 22.7 cm. Lot also includes Jules Labbite’s 1845 edition of “Le Salon de 1845” by Charles Baudelaire and an autographed letter from Baudelaire to Champfleury, an early literary champion of the Realist painter Gustave Courbet. Pre-sale estimate: 12,000 – 15,000 Euros. Image copyright and courtesy Artcurial.

“It was in the month of March 1829: A petition was addressed to the King, it was signed by seven members of the Academie Française, habitual furnishers of material to the Theatre-Français, ancient debris of this imperial literature which vaunts itself as having been the parterre of kings, and which, in its proud naiveté, figures that its genius alone accounts for the ephemeral spotlight that its coronated public had cast upon it.

“This petition requested that the Theatre-Français be closed to productions of the new school; and that, notably, the performances of ‘Hernani’ be banned. You know, gentlemen, how King Charles X responded to these singular petitioners.

“‘As far as literature goes,’ he told them, ‘I have but, like each of you, gentleman, my place in the orchestra pit.’

“And ‘Hernani’ obtained 50 consecutive performances.

“For the theater, this meant the most brilliant box office receipts.

“When the Revolution of July [1830] followed, and with it the abolition of censorship, the Theatre-Français wanted to reprise ‘Marion de Lorme.’ Monsieur Victor Hugo opposed this.

“He who will shortly be portrayed before you as an insatiable author did not want to consent to the performances that were being solicited from him. ‘Marion de Lorme’ had been banned by the censor as being potentially prejudicial by allusion to his royal majesty; there was, yet, at the time [that followed the abolition of censorship] a reaction favorable to success, to enthusiasm….

“But Monsieur Victor Hugo is not one of those who thinks that scandal is a good thing when it can result in applause and in [increased revenue for authors]. He reminded himself that a fallen dynasty had the right to this respectful compassion that every man of heart owed to the banished, and that it didn’t seem right to him to bank a success on the effervescence of those then piling up on Charles X, and on allusions which he’d never contemplated. He thus limited himself to requesting from the Comédie-Française the reprise of ‘Hernani.’ [It’s worth noting here that Hugo had been raised as a Royalist.]

“But the intrigues of which you’d seen the germination in the petition of 1829 were resurrected, and it was impossible to obtain this reprise.”

Here the lawyer reviewed for the tribunal the various contracts that had been signed by Victor Hugo and the Comédie-Française.

The first, that of August 12, 1932, relative to the celebrated drama titled “Le roi s’amuse,” stipulated that “Hernani” would be reprised in January 1833. This first contract was violated.

A second intervened April 10, 1835, on the occasion of “Angelo,” and stipulated that “Hernani” and “Marion de Lorme” would be reprised over the course of the year. This double clause was also violated, [Hugo’s attorney contended], despite two ardent reclamations from Monsieur Hugo.

Lastly, a third engagement from Monsieur Védel [director of the Comédie Française], remained unexecuted. The lawyer, recalling the various censorship decrees implemented against “Le roi s’amuse” and “Antony,” linked the motives of these decrees to the petition of 1829 and the literary discussions which arose each year in the legislative chambers when it came to the budget of the Theatre-Français and the threat issued, on many occasions, to cancel the funding of a Theatre-Français sullied by its contact with the literary innovators, and attempted to demonstrate that all these acts were linked to a general system of monopoly and of exclusion of a literary doctrine which offended certain repugnancies and bore umbrage to certain celebrities.

“What would be, in effect,” continued the lawyer, “the motive of this perpetual violation of contracts? A pecuniary interest, a question of box office receipts. To this we respond, figures in hand, that Monsieur Hugo’s box office receipts are equal, superior to those that the theater considers as its most fructeuse, those [brought in by performances] of [Comédie Française star] Mademoiselle Mars. Thus the average intake over 85 performances of Monsieur Hugo was 2,914 francs and 25 centimes. Mademoiselle Mars’s average in the winter of 1835 was 2,618 francs. [Anne-Boutet Mars, 1779 – 1847, created the lead role of Dona Sol in “Hernani,” considered by many to be the play that set off the war between the Classicists and the Romantics, in 1830, when she was 51 years old. In his own notes on the initial performances of “Hernani” and “Angelo,” Hugo is effusive in his eloges to Mademoiselle Mars.]

“Do we need more proof of the system to which I’m referring? Why not give you more?: Because here, Monsieur Hugo is not speaking only in the name of his private interests, he’s speaking in the name of all those who toil with him in the same quarry, in the name of a question of art and of theatrical liberty; and you need to know to just what lengths the abuse against which we’re here to protest today can go.

“Among the men whom public favor accompanies with its esteem and its applause, but who don’t tread the same literary road as Monsieur Victor Hugo, and who unlike him are not under the censorial embargo, there are above all two individuals, to whose talent and competence we more than anyone rend homage, and whose success has been and still is great. Certainly, it is not they who have put us in this position.

“The exclusion which weighs on certain authors, which pushes them away despite sacred engagements, is the farthest thing from their thoughts; and if a monopoly results from this, they undergo it more than fabricate it.

“I’m even convinced that the two people of whom I’m speaking are not even vaguely aware of all this. I would simply like to demonstrate that the Comédie-Française is intent on nothing less than disinheriting from its advertising all those whose doctrines aren’t in line with the officially sanctioned literature imposed upon it.”

The lawyer then placed before the tribunal a sheet with a statistical breakdown of the diverse performances of the Theatre-Française, examining the relative positions of the 40 to 50 authors whose works belong to the repertoire.

What follows is an excerpt from this curious document as presented by the attorney, which provoked several manifestations of surprise in the audience.

“In 1834, out of 362 performances, and after subtracting the performances of the old standards [i.e. by dead authors], the two authors in question accounted for 180; for all the other authors combined there remained but 45 days.

“In 1835 and 1836, these two authors had 113 and 115 days, all the others [combined] but 50 and 54 days.

“Finally, from the first of January, 1837, up until this moment, these two authors have obtained 112 representations; only 54 have been accorded to the others.”

After signaling all that is alarming in such an abuse, on the part of a theater whose very institution must be open to all work, to all successes, and after allowing that nothing is more legitimate than frequently paying authors who regularly succeed, on the sole condition of not excluding other authors who succeed no less, Monsieur Paillard de Villeneuve moved on to the examination of the contracts [between Monsieur Hugo and the Comédie-Française] themselves, and attempted to justify, in a luminous discussion, the conclusions reached in the name of Monsieur Victor Hugo.

“This cause,” he pronounced in terminating, “does it not offer you a strange spectacle? For eight years, despite numerous and explosive successes, despite the good faith owed to sacred engagements, Monsieur Hugo has not been able to open the doors of this theater, on which nevertheless he has cast more than a little glory; and, while the Comédie-Française thus fights to condemn him to silence and oblivion, Monsieur Victor Hugo is able to see his works translated in every language; and to learn that on diverse stages in Europe, in London, in Vienna, in Madrid, in Moscow, his works have been gloriously performed and coronated with applause…. It is only in France, in his own country, that he has been unable to hear this echo.”

Mr. Delangle, lawyer for the Comédie-Française, takes the stage.

“Gentleman,” he begins, “I did not expect to see the question placed on the terrain that my adversary has chosen. I see in this affair nothing but a simple question of private interests, nothing but an appreciation of acts, and not a question of art, of literary monopoly.”

“Don’t expect therefore of me that I follow Monsieur Hugo’s lawyer in the discussion that he’s come to breach. It’s sufficient for me to tell you that our adversary is significantly unfounded in his complaints and recriminations; because, of five plays of which the illustrated poet is the author, four have been received by the administration of the rue Richelieu [where the Comédie-Française was and still is based]; three, ‘Hernani,’ ‘Le roi s’amuse,’ and ‘Angelo,’ have been performed by the [actors of the] Comédie-Française.

“If ‘Marion de Lorme’ is not among them,’ the fault can only be attributed to the censor’s [initial] veto.

[Here the Comédie-Française’s attorney launches into a lengthy discourse in which he argues that as the theater is in his view still governed by an imperial decree from Moscow as well as a royal decree from 1816, the two Comédie-Française directors who signed the contracts with Hugo did not have the authority to do so without these bodies’ approvals, and that Hugo did not perform due diligence in inquiring as to whether these parties agreed with the contracts, going on to
say this is like signing a contract with a minor without the permission of his parents. To this he adds the rather specious argument that because Hugo himself did not assure that the roles in ‘Hernani’ were double-cast, as, he claims, the decrees governing the organization dictate, the contract promising future performances of that piece is null and void.]

“An initial casting was done in 1829; but Michelot, who played the role of Charles V, pulled out; Mademoiselle Mars renounced the role of Dona Sol. Since then, Monsieur Hugo has done no new casting.”

[At this point Victor Hugo himself rises.]

“You are mistaken. The casting was done in 1834. It’s all written down in the records of the theater, in the very hand of [director] Monsieur Jouslin de Lassalle. The role of Charles V was given to Monsieur Ligier, who’d actively campaigned for it with me.”

[After stating that he was not aware of this, Delangle goes on to insist that even if it’s true, this in itself does not meet what he claims is the requirement that the author is responsible for double-casting all roles. Next he contends that as pertains to “Angelo,” the company fulfilled its contract obligations with ten performances and only interrupted the run when audiences diminished to the point where it was making less than the 1,500 francs per performance necessary to break even. As concerns “Marion de Lorme,” he cites Hugo’s own decision to withdraw the drama from the repertory following the 1830 revolution for the reasons described above by the author, and his subsequently giving it to the Theatre Porte Saint-Martin, and then goes on to claim that the play had mitigated success anyway, at which point Hugo again interrupts:]

“It had 68 performances,” causing stirring amongst the audience.

[The Comédie’s lawyer then argues that a reprise would have been conditioned on a re-reading by the organization’s reading committee, as is required for all new plays because “it was in a certain manner a new piece,” and which reading never happened, thus excusing the organization from its obligations to reprise the play, concluding:]

“Thus, I have demonstrated that as regards ‘Marion de Lorme,’ the Comédie-Française was under no obligation to fulfill [the contract] as long as Monsieur Hugo had not held up his end.

“For ‘Angelo,’ we are in the terms of equity before the law, which cannot force us to fulfill a [financially] prejudicial engagement.”

“Finally, as for ‘Hernani,’ if the tribunal believes that the contract is valid and that it’s appropriate to order [a reprise of] its performance[s], we request a delay sufficient for effectuating the reprise.

“In any case, no damages or interests should be accorded,” because “on the one part,” [there has been no failure by the Comédie to live up to its agreements, and on the other] “Monsieur Hugo has fulfilled none of the obligations that for his part he should have executed.”

[Rising to respond to the Comédie’s various grounds for dismissing Hugo’s claims, Monsieur Paillard de Villeneuve points out the theater’s apparent double-standard thus revealed:]

“Three contracts were signed by diverse directors: when it comes to Mr. Hugo’s obligations, these directors are quite capable of acting; their supposed incapacity is only invoked when it comes to meeting their own obligations…”

[Monsieur Paillard de Villeneuve goes on to argue that the supposed regulations imposed by the other institutions mandated to control the Comédie — the Moscow and Royal decrees adduced by his adversary — whether those affecting the directors’ power to enter into contracts without their assent or the obligation of its authors to double-cast, have never been executed in any other cases. That as regards “Hernani” the author did everything in his power to execute the contract in good faith; and that as pertains to “Marion de Lorme” the 1835 contract contained no obligation for a second reading of plays which had already been performed at the Comédie. Turning to “Angelo,” he contests the organization’s method for calculating box office receipts and produces an alternative document in which they’re larger than his adversary has implied, averaging 2,300 francs per performance or 800 more than the required break-even level cited by the Comédie’s lawyer. Here we pick up the newspaper’s contemporary account:]

The lawyer terminates in requesting a judgment which will at the same time serve as a reparation for Monsieur Hugo and a punishment for Comédie Française for its bad-faith efforts to honor the contracts for the three plays.

Monsieur Hugo rises. (Excited movement of curiosity amongst the audience.)

“Gentlemen, I did not expect to speak during this affair. My lawyer has completely dynamited, in his argumentation, at once eloquent and precise, the strange system adopted by the lawyer for the Theatre-Française, and if it were just a matter of me in this trial, I would not take the floor; but it’s not just a matter of me: It’s literature itself whose cause in this moment is interchangeable with my own. I must therefore speak up. To speak up for one’s private interests is a right; I would have easily renounced a right. To speak up for the interests of all is an obligation, and I never retreat before an obligation.

“And, in effect, gentlemen, the attitude that the Theatre-Francaise has taken in this affair is a grave warning for dramatic literature in its entirety. There is a system here which needs to be called out, a lesson in which all authors must claim their part. The loyalty of the Comédie-Française deserves to be called out. Let’s bring it to the grand light of day.

“From the singular defense to which the Theatre-Française has had recourse, there result two things:

‘The first is this: The director of the Theatre-Française is a double-man.

“The director of the Theatre-Français has two visages, one for us, authors, and the other for you, the tribunal.

“The director of the Theatre-Français (Here Monsieur Hugo turns towards the bar and states: “And I regret to not find him here before me at the bar to confirm my words.” Then he continues:) “The director of the Theatre-Français has need of me; he comes to find me. His box-office receipts are falling, he tells me; he counts on me to rescue his theater; he asks me for a play. He offers me all the conditions I might desire; he proposes a contract; he has the full power to do so; he’s the director of the Theatre-Français. I consent. I consent to give him the play that he’s requested.

“The director writes out the entire contract in his own hand; I sign it, then he signs it also. Voila an engagement that is formal, complete, sacred you say. No, gentleman, it’s a fraud.

“You heard it yourself, I’m not making anything up, it’s the lawyer of the theater who told you so himself, the director, whether his name is Védel or Jouslin de Lasalle, it’s not important, the director is not qualified to enter into contracts; the director has come to my house knowing this; and why has he come to my house? To make a contract with me.

“I acted in good faith, me, the author; the director lied and fooled me. Behind him was a decree from Moscow, a regulation of consuls, an ordinance from 1816 — what do I know! I ignore completely this decree, this regulation, this ordinance.

“The director was fully aware that I ignore it, he took advantage of my ignorance.

“Grace of my ignorance, he obtains from me plays for which other theaters make sincere offers to me. Although having no power to make a contract, he makes a contract with me, he fools me, I say, and, you’ve just heard it, it’s this act that the Comédie-Française is now vaunting.

“What happened? Me, the author, I religiously executed the terms of the agreement: I turned in at the deadlines agreed the promised plays. The theater, for its part, was only loyal to violating its engagements; it violated them three times consecutively.

“For all my claims — I don’t know if this is what they mean by mettre à demeurer — for all my claims, the theater gave only evasive responses, the theater eluded, the theater promised, the theater fooled me and put me off from year to year by commencements of execution. To sum it up, the theater did not execute.

“And yet, I must declare, no director has never dared let me catch even the shadow of a glimpse of this system that the theater’s advocate has just exposed — and ‘exposed’ is the operative word, gentlemen — to the face of justice.

“After seven years of waiting, of good faith procedures, of patience, of silence, of serious damage to my work and to my interests, I decided to appeal to the tribunals; I had recourse to the protection of the law, which should not cover literary property any less than other property. I call to your bar who? The director of the Theatre-Français. And the director of the Theatre-Français evaporates.

“The man who I saw, the man who wrote to me, the man who spoke to me, the man who came to my house, the man who had all the power, the man who made the contract with me and who signed it, this very man is no more than a shadow. He’s an invalid being; he’s an individual without any qualifications; he’s a minor.

“He did draw up a contract, this is true, but he didn’t have the right to draw up a contract; there’s that decree of Moscow. He signed it, this is true; but he shouldn’t have signed it: there’s that regulation of consuls. He gave his word, this is true. But how could I possibly have believed his word? It’s his own lawyer who says this. Voila the defense of the Theatre-Français.

“Was I not right to tell you in beginning, gentlemen, that the director of the Theatre-Français has two visages?

“These two visages are two masks: With one he fools the authors, with the others he fools justice.

“Once again, gentlemen, when I say the director of the Theatre-Français, I’m not trying to designate any one person, no more Monsieur so-and-so than Monsieur tickety-tack. It’s not the man who occupied, who occupies, or who will occupy the position of director who I accuse; it’s the position itself. It’s this ambiguous and unqualifiable situation that I signal to you. Besides, as you can see yourselves, the director of the Theatre-Français is a shadow who escapes authors on one part, and justice on the other.

“What also results from the pleading of the theater is this: If you are an author, if you’ve produced at the Comédie-Francaise 85 reciepts [i.e. the box-office receipts for 85 performances]; if, including the costs to the theater, which are 1,500 francs per day, these receipts have yielded 2,914 francs, that is to say 85 times 1,414 francs in profits for the theater, this means nothing, absolutely nothing. Among your 85 reciepts there are receipts which surpass 3,000, 4,000, 5,000 francs; who cares?! if among those 85 there are one or two below 1,500 francs, voila those that the theater declares, voila those that it denounces before the court, and it heaves out on its losses great moanings! In truth, does this not provoke pity?

“I won’t say anything further about these numbers, about these chicaneries, about these miseries. I don’t follow the theater’s lawyer in the inextricable labyrinthe of subtleties in which he attempts to lock away my rights. I disdain, gentleman, all this discussion which is completely unexpected to me, I declare so, and which Monsieur Védel would be the first to disavow, I hope for him, if he were present at this trial.”

Monsieur Delangre: “I’m simply pleading as my client has instructed me.”

Monsieur Victor Hugo: “I believe it, but this surprises me, because I know the loyalty of Monsieur Védel, it’s painful for me to think that he could have possibly consented to invoking against me at this trial arguments from which he seemed so removed in our personal conversations.

“There’s another point, gentleman, I say this in passing, to which I’m surprised that the lawyer for the Comédie-Française has not himself called your attention. The average nightly receipts for “Hernani” were 3,312 francs.”

Monsieur Delangre: “I don’t have this figure.”

Monsieur Victor Hugo: “3,312, the number is exact… and 12 centimes if you want to be absolutely exact.” (Smiles among the audience.)

Monsieur Victor Hugo, continuing: “I don’t have anything to add, gentlemen; I have acted in good faith in this affair, the Comédie in bad faith. Rare thing: It’s the Comédie itself which declares this, and which makes of its bad faith its defense system. I signed contracts which I took seriously and which I executed; the successive directors of the theater signed contracts which for them were derisory and which they have violated.

“This theater has often had need of me; it came to find me: I’m citing here just the facts, facts which nobody can ignore. I rendered it services which it does not deny; it responds with deceptions that it also does not deny.

“You are fair judges; you appreciate this manner of acting and this manner of defending oneself.

“You will teach this theater that it’s immoral to make contracts and to purposely make them in an invalid fashion so that afterwards they can violate them.

“You will break the monopoly which this theater has confiscated to the detriment of all literature, for which two Theatre Françaises would hardly suffice.

“You will not recognize the system of the Comédie-Française in the name of decency to itself; you will teach it, because it has need that the justice system teach it, that the signature of its directors is a valid signature, that the word of its directors is a word that should be taken seriously.

“You will not insult these directors in siding with them and thus declaring their signature null and their word a lie.

“And me, gentlemen, I will be able to felicitate myself for having given you a new occasion to show that your judgments are the exact echo of your consciences and the echo of that of the public conscience.”

After this brilliant improvisation, which was followed by a general murmur of approbation, Monsieur le president announced that the case would be deliberated with a judgment pronounced within 15 days.

 

[15 days later, on November 20, 1837, the tribunal, siding with Hugo and declaring that the Comédie had done him wrong, condemned its director Védel to pay Hugo 6,000 francs in damages and interest and gave Védel, in his capacity as director of the Comedie-Francaise; two months to reprise “Hernani”; three to reprise “Marion de Lorme”; and five to complete the 15 performances of “Angelo” or face fines of 150 francs per day for each day past that deadline. He also ordered him to pay Victor Hugo’s trial expenses.]

Next: The Appeal.

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