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 y
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