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The Exception for the Hero

What happens to a rule when it is broken by a person who has the moral right to do so: four historical cases and a confession about a line I drew before I knew the name that would test it.

Gratitude to a savior lets us rewrite a rule under his name, but a law we did not break for the one closest to us holds us tighter than any statute.

May 12, 1926, Warsaw. Three days of fighting. Troops loyal to Marshal Piłsudski against government forces. Hundreds dead. The elected government of President Wojciechowski and Prime Minister Witos fell. On May 31, the National Assembly convened and handed the presidency to the man whose soldiers had just taken the city by force. Piłsudski declined the office. Mościcki became president; the Marshal kept the power. The new order was given a name: sanacja, moral cleansing.

The gratitude was genuine. In November 1918, Piłsudski became Chief of State when no state yet existed, Poland still piecing itself together from three imperial ruins. In August 1920, the Red Army stood at the gates of Warsaw, the country on the brink, and his counteroffensive hurled the invaders back in a battle they called the Miracle on the Vistula, a battle that saved not only Poland but halted the march westward. Without this man, there might have been no country. Those who voted in May 1926 remembered this in their bones.

The March Constitution of 1921 was written expressly against Piłsudski. The president’s powers were cut back on purpose, so that he could not start a war. He took this literally, and so refused to run for office. On December 9, 1922, he transferred the office of Chief of State to the elected president, Narutowicz, and stepped aside. A rule written against a name knows that name too well not to recognize it five years later. In May 1926, the grateful gave him what the rule had been built to withhold. Sanacja held for thirteen years. The exception was written by those who owed him their lives.

An exception grows from a chain of small assents. One says: “He’s earned it.” Another: “Just this once.” A third: “It’s hardly theft.” A fourth: “The man did more for the country than anyone, and now they want to hang him on a trifle.” Silence is counted as consent. Then it happens a second time, then it becomes habit, then tradition. The name of an exception is always the name of a virtue, because no one agrees to an exception that calls itself by its own name.

1875, Washington. President Ulysses Grant, the man who accepted the South’s surrender at Appomattox and won the Civil War, receives the Whiskey Ring case. A conspiracy of distillers and officials in St. Louis had stolen millions in tax revenue. Grant writes five words to Attorney General Pierrepont: “Let no guilty man escape.” Then the investigation reaches Orville Babcock, the president’s personal secretary. Babcock is indicted. And on February 12, 1876, Grant gives testimony in the White House in defense of the man caught by his own rule. Chief Justice Waite certifies the document. Babcock is acquitted. One desk, one signature, one friend. The author of the rule and the author of the exception sit at the same desk.

Singapore, 1986. On November 21, Prime Minister Lee Kuan Yew receives a corruption complaint against Minister for National Development Teh Cheang Wan, a minister in his government, a man from his own party. Lee authorizes the Corrupt Practices Investigation Bureau to conduct an open investigation. On December 11, the papers go to the attorney general. On December 14, Teh Cheang Wan takes his own life before charges can be brought. On January 26, 1987, Lee Kuan Yew reads Teh’s suicide note aloud in parliament: “I feel I should accept full responsibility.” The founder reads out the words of the man he himself authorized the investigation into. The rule reached the person closest to him and did not stop.

The difference between these two desks is not in the men. Grant was no weaker than Lee, having won a war that split a continent and knowing what a command costs. In Singapore, the bureau, the procedure, the boundary existed apart from the man who held power. When Teh’s name arrived, the rule was already in place, and Lee did not create it for the occasion. On Grant’s desk lay his own order: a rule he had written himself, and the same hand that wrote it could set it aside.

Paris, September 28, 1958. Charles de Gaulle writes the constitution of the Fifth Republic himself, in his own hand, after the country called him back from a twelve-year pause to pull it out of the Algerian crisis. Thirty-one million “yes” votes, eighty-two percent. The same point as Warsaw: the savior with the pen, the nation’s gratitude, the rule he himself created.

1962. De Gaulle wants to amend the constitution so the president is elected by direct vote. Article 89 requires the approval of both houses of parliament. He bypasses it through Article 11, a referendum procedure not designed for constitutional change. Mitterrand calls it unconstitutional, jurists protest, the Constitutional Council steps aside. The country says “yes.” The man who, seven years from now, will keep his word now takes a procedural shortcut, and the country permits it. The rule he wrote himself yields to the author’s name.

April 27, 1969. De Gaulle puts a referendum on regional and Senate reform to the nation and states the condition in advance: if the answer is no, he will leave. The constitution does not demand his resignation. He bound his office to the vote himself. The country says no. On April 28, the morning after the vote, he submits his resignation and goes.

In 1969, he was held by a rule he had written for himself before the “no” was spoken. He announced it publicly, before the vote, and when the country answered, there was nothing left to interpret. A word given to himself proved stronger than an article.

The person to whom we owe the most stands between two truths. The truth of law remains the same for everyone. The truth of debt is measured by nothing but one’s own sense of it. Between them there is no compromise that does not corrode one or the other. The truth that wins is the one that needs no vote, because it lives outside the person who would cast it.

I wrote my rules in the Serebryansky forest, long before any name capable of testing them could arise, and I still do not know whether they will hold against a name that is dear to me.

The person you owe the most and the rule you are ready to speak aloud before witnesses are two things that may never meet inside a single mind, or may converge and demand an answer. Does that rule have room for that name?

A rule that knows that name will know someone else’s tomorrow.

Worth reading

  1. Wikipedia — «May Coup (Poland)» (12–14 May 1926; National Assembly 31 May; Sanation)
  2. Wikipedia — «Józef Piłsudski» (Chief of State 1918–1922; first Marshal 1920; Battle of Warsaw; the 1921 constitution written to limit him; declined to run)
  3. Wikipedia — «Whiskey Ring» (1871–1876; «Let no guilty man escape»; Babcock; Grant's deposition 12.02.1876)
  4. Wikipedia — «Grant administration scandals»
  5. Wikipedia — «Ulysses S. Grant» (background only: the Civil War command, Appomattox)
  6. Wikipedia — «Teh Cheang Wan» (Minister for National Development 1979–1986; CPIB investigation approved by Lee Kuan Yew, November 1986; death 14.12.1986; note read in parliament 26.01.1987)
  7. Wikipedia — «Lee Kuan Yew» (complaint received 21.11.1986; authorised the CPIB; died 2015)
  8. Wikipedia — «Charles de Gaulle» (background only: 1940, Free France, the 1958 crisis)
  9. Wikipedia — «1958 French constitutional referendum» (28.09.1958; constitution written by de Gaulle; 82% yes)
  10. Wikipedia — «1962 French presidential election referendum» (Article 11 in place of Article 89; called unconstitutional by many; the Council declined)
  11. Wikipedia — «1969 French constitutional referendum» (27.04.1969; rejected; de Gaulle resigns)
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