A few months prior to the production of Vautrin, Balzac, then at the height of his financial difficulties and literary labours, had nevertheless courageously undertaken the defense of a man accused of murder whom he believed to be innocent. This act was in accordance with his conception of his duty as a citizen, and it bore witness to his generosity and sense of justice. The case in question was that of a certain notary, Peytel by name, of Belley, who was accused of the premeditated murder of his wife and man-servant. Balzac had had a slight acquaintance with him in 1831, at the time when Peytel was part owner of the Voleur, to which Balzac contributed. This acquaintance had sufficed him to judge of the man's character and to conclude that he was incapable of the double crime with which he was charged. Regardless of his own most pressing interests, Balzac, accompanied by Gavarni, set out for Bourg, where the trial and sentence of death had already taken place. He saw the condemned man, and the conversations which they had together still further strengthened his opinion. This opinion he set forth in a Comment on the Peytel Case, which the Siecle published in its issues of September 15-17, 1839, and with a compelling force of argument and a fervent eloquence he demonstrated the innocence of the unfortunate notary. Nevertheless, the Court of Cassation found no reason for granting a new trial, and Peytel was executed at Bourg, October 28, 1839. This was a bitter blow to Balzac, who had believed that he could save him. Furthermore, his efforts and investigations had cost him ten thousand francs!
This was a cruel loss, both in time and in money. His novels were not bringing him in a hundredth part of what he estimated that he ought to be earning, in view of his extraordinary rate of production. He placed the blame upon the unauthorised Belgian reprints, which, according to his calculations, had robbed him of more than a million francs.
Literary works were not at that time properly protected, and it was the province of the Society of Men of Letters to demand from the Government an effective defense against the "hideous piracy" of foreign countries.
Balzac was admitted to the Society in 1839,--although with no small difficulty, for he had many enemies, and received only fifty-three votes, while forty-five were necessary for election,--but it was not long before he had made his influence felt and had been chosen as a member of the committee. Leon Gozlan, who served with him, acknowledged his influence. "Balzac," he wrote, "brought to the Society a profound, almost diabolical knowledge of the chronic wretchedness of the profession; a rare and unequalled ability to deal with the aristocrats of the publishing world; an unconquerable desire to limit their depredations, which he had brooded over on the Mount Sinai of a long personal experience; and, above all else, an admirable conviction of the inherent dignity of the man of letters."It was Balzac's ambition to form a sort of author's league, under the direction of "literary marshals," of whom he should be the first, and including in its membership all the widely scattered men of letters, banded together in defense of their material and moral interests. He himself set an example by requesting the support of the Society against a little sheet entitled Les Ecoles, which had libelled him in a cartoon in which he was represented in prison for debt, wearing his monkish robe and surrounded by gay company. The cartoon bore the following legend: "The Reverend Father Seraphitus Mysticus Goriot, of the regular order of the Friars of Clichy, at last taken in by those who have so long been taken in by him." This was in September, 1839, and on the 22d of the following October Balzac appeared as the representative of the Society of Men of Letters before the trial court of Rouen, in an action which it had begun against the Memorial de Rouen, for having reprinted certain published matter without permission. But he did not limit himself to a struggle from day to day, to discussions in committee meetings, to appeals to the legislature,--his ambition was to become himself the law-maker for the writers. In May, 1840, two months after the disastrous failure of Vautrin, he offered to the consideration of the Society of Men of Letters a Literary Code, divided into titles, paragraphs, and articles, in which he laid down the principles from which to formulate practical rules for the protection of the interests of authors, and for the greater glory of French literature.