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〃Yes; that is what Vinet said just now。〃
〃As for the criminal case; you could; no doubt; compel it by giving information to the police authorities of this alleged imposture〃
〃Vinet;〃 interrupted Maxime; 〃inclined to the criminal proceeding。〃
〃Yes; but there are a great many objections to it。 In the first place; in order that the complaint be received at all; you must produce a certain amount of proof; then; supposing it is received; and the authorities are determined to pursue the case; you must have more evidence of criminality than you have now; and; moreover; supposing that you can show that the so…called Marquis de Sallenauve committed a fraud; how will you prove that the so…called son was privy to it? He might have been the dupe of some political schemer。〃
〃But what interest could such a schemer have in giving Dorlange the many advantages he has derived from the recognition?〃
〃Ah! my dear fellow; in political manners all queer proceedings are possible; there is no such fertile source for compilers of /causes celebres/ and novelists。 In the eyes of the law; you must remember; the counterfeiting of a person is not always a crime。〃
〃How so?〃 asked Maxime。
〃Here;〃 said Desroches; taking up the Five Codes; 〃do me the favor to read Article 5 of the Penal Code; the only one which gives an opening to the case you have in mind。〃
Maxime read aloud the article; which was as follows:
〃'Any functionary or public officer who; in the exercise of his function; shall commit forgeryeither by false signatures; by alterations of deeds; writings; or signatures; or by counterfeiting persons' There; you see;〃 said Maxime; interrupting himself;〃'by counterfeiting persons'〃
〃Go on;〃 insisted Desroches。
〃'by counterfeiting persons;'〃 resumed de Trailles; 〃'either by writings made or intercalated in the public records or other documents; shall be punished by imprisonment at hard labor for life。'〃
Maxime lingered lovingly over the last words; which gave his revenge a foretaste of the fate that awaited Sallenauve。
〃My dear count;〃 said Desroches; 〃you do as the barristers do; they read to the jury only so much of a legal document as suits their point of view。 You pay no attention to the fact that the only persons affected by this article are /functionaries/ or /public officers/。〃
Maxime re…read the article; and convinced himself of the truth of that remark。
〃But;〃 he objected; 〃there must be something elsewhere about such a crime when committed by private individuals。〃
〃No; there is not; you can trust my knowledge of jurisprudence;the Code is absolutely silent in that direction。〃
〃Then the crime we wish to denounce can be committed with impunity?〃
〃Its repression is always doubtful;〃 replied Desroches。 〃Judges do sometimes make up for the deficiency of the Code in this respect。 Here;〃 he added; turning over the leaves of a book of reference; 〃here are two decisions of the court of assizes; reported in Carnot's Commentary on the Penal Code: one of July 7; 1814; the other April 24; 1818;both confirmed by the court of appeals; which condemn for forgery; by 'counterfeiting persons;' individuals who were neither functionaries nor public officers: but these decisions; unique in law; rest on the authority of an article in which the crime they punish is not even mentioned; and it is only by elaborate reasoning that they contrived to make this irregular application of it。 You can understand; therefore; how very doubtful the issue of such a case would be; because in the absence of a positive rule you can never tell how the magistrates might decide。〃
〃Consequently; your opinion; like Rastignac's; is that we had better send our peasant…woman back to Romilly and drop the whole matter?〃
〃There is always something to be done if one knows how to set about it;〃 replied Desroches。 〃There is a point that neither you nor Rastignac nor Vinet seems to have thought of; and that is; to proceed in a criminal case against a member of the national representation; except for flagrant crime; requires the consent and authority of the Chamber。〃
〃True;〃 said Maxime; 〃but I don't see how a new difficulty is going to help us。〃
〃You wouldn't be sorry to send your adversary with the galleys;〃 said Desroches; laughing。
〃A villain;〃 added Maxime; 〃who may make me lose a rich marriage; a fellow who poses for stern virtue; and then proceeds to trickery of this kind!〃
〃Well; you must resign yourself to a less glorious result; but you can make a pretty scandal; and destroy the reputation of your man; and that ought; it seems to me; to serve your ends。〃
〃Of course;better that than nothing。〃
〃Well; then; here's what I advise。 Don't let your peasant…woman lodge her complaint before the criminal court; but make her place in the hands of the president of the Chamber of deputies a simple request for permission to proceed。 Probably the permission will not be granted; and the affair will have to stop at that stage; but the matter being once made known will circulate through the Chambers; the newspapers will get hold of it and make a stir; and the ministry; /sub rosa/; can envenom the vague accusation through its friends。〃
〃/Parbleu/! my dear fellow;〃 cried Maxime; delighted to find a way open to his hatred; 〃you've a strong head;stronger than that of these so…called statesmen。 But this request for permission addressed to the president of the Chamber; who is to draw it up?〃
〃Oh! not I;〃 said Desroches; who did not wish to mix himself up any farther in this low intrigue。 〃It isn't legal assistance that you want; this is simply firing your first gun; and I don't undertake that business。 But you can find plenty of briefless barristers always ready to put their finger in the political pie。 Massol; for instance; can draw it up admirably。 But you must not tell him that the idea came from me。〃
〃Oh! as for that;〃 said Maxime; 〃I'll take it all on my own shoulders。 Perhaps in this form Rastignac may come round to the project。〃
〃Yes; but take care you don't make an enemy of Vinet; who will think you very impertinent to have an idea which ought; naturally; to have come into the head of so great a parliamentary tactician as himself。〃
〃Well; before long;〃 said Maxime; rising; 〃I hope to bring the Vinets and Rastignacs; and others like them; to heel。 Where do you dine this evening?〃 he added。
〃In a cave;〃 replied Desroches; 〃with a band。〃
〃Where's that?〃
〃I suppose; in the course of your erotic existence; you have had recourse to the good offices of a certain Madame de Saint…Esteve?〃
〃No;〃 replied Maxime; 〃I have always done my own business in that line。〃
〃True;〃 said Desroches; 〃you conquer in the upper ranks; where; as a general thing; they don't use go…betweens。 But; at any rate; you have heard of Madame de Saint…Esteve?〃
〃Of course; her establishment is in the rue Neuve…Saint…Marc; and it was she who got that pot of money out of Nucingen for La Torpille。 Isn't she some relation to the chief of detective police; who bears the same name; and used to be one of the same kind as herself?〃
〃I don't know about that;〃 said Desroches; 〃but what I can tell you is that in her business as procuressas it was call