The Kellers, with correspondents all
over the world, make twenty thousand francs per annum
by charges for postage alone; accounts of expenses
of protest pay for Mme. la Baronne de Nucingen’s
dresses, opera box, and carriage. The charge
for postage is a more shocking swindle, because a
house will settle ten matters of business in as many
lines of a single letter. And of the tithe wrung
from misfortune, the Government, strange to say! takes
its share, and the national revenue is swelled by
a tax on commercial failure. And the Bank? from
the august height of a counting-house she flings an
observation, full of commonsense, at the debtor, “How
is it?” asks she, “that you cannot meet
your bill?” and, unluckily, there is no reply
to the question. Wherefore, the “account
of expenses” is an account bristling with dreadful
fictions, fit to cause any debtor, who henceforth shall
reflect upon this instructive page, a salutary shudder.
On the 4th of May, Metivier received
the account from Cointet Brothers, with instructions
to proceed against M. Lucien Chardon, otherwise de
Rubempre, with the utmost rigor of the law.
Eve also wrote to M. Metivier, and
a few days later received an answer which reassured
her completely:—
To M. Sechard, Junior,
Printer, Angouleme.
“I have duly received your esteemed
favor of the 5th instant. From
your explanation of the bill due on April 30th,
I understand that
you have obliged your brother-in-law, M. de Rubempre,
who is
spending so much that it will be doing you a service
to summons
him. His present position is such that he is
likely to delay
payment for long. If your brother-in-law should
refuse payment, I
shall rely upon the credit of your old-established
house.—I sign
myself now, as ever, your obedient servant,
“Metivier.”
“Well,” said Eve, commenting
upon the letter to David, “Lucien will know
when they summons him that we could not pay.”
What a change wrought in Eve those
few words meant! The love that grew deeper as
she came to know her husband’s character better
and better, was taking the place of love for her brother
in her heart. But to how many illusions had she
not bade farewell?
And now let us trace out the whole
history of the bill and the account of expenses in
the business world of Paris. The law enacts that
the third holder, the technical expression for the
third party into whose hands the bill passes, is at
liberty to proceed for the whole amount against any
one of the various endorsers who appears to him to
be most likely to make prompt payment. M. Metivier,
using this discretion, served a summons upon Lucien.
Behold the successive stages of the proceedings, all
of them perfectly futile. Metivier, with the Cointets
behind him, knew that Lucien was not in a position
to pay, but insolvency in fact is not insolvency in
law until it has been formally proved.
Formal proof of Lucien’s inability
to pay was obtained in the following manner:
On the 5th of May, Metivier’s
process-server gave Lucien notice of the protest and
an account of the expense thereof, and summoned him
to appear before the Tribunal of Commerce, or County
Court, of Paris, to hear a vast number of things:
this, among others, that he was liable to imprisonment
as a merchant. By the time that Lucien, hard pressed
and hunted down on all sides, read this jargon, he
received notice of judgment against him by default.
Coralie, his mistress, ignorant of the whole matter,
imagined that Lucien had obliged his brother-in-law,
and handed him all the documents together—too
late. An actress sees so much of bailiffs, duns,
and writs, upon the stage, that she looks on all stamped
paper as a farce.
Tears filled Lucien’s eyes;
he was unhappy on Sechard’s account, he was
ashamed of the forgery, he wished to pay, he desired
to gain time. Naturally he took counsel of his
friends. But by the time Lousteau, Blondet, Bixiou,
and Nathan had told the poet to snap his fingers at
a court only established for tradesmen, Lucien was
already in the clutches of the law. He beheld
upon his door the little yellow placard which leaves
its reflection on the porter’s countenance, and
exercises a most astringent influence upon credit;
striking terror into the heart of the smallest tradesman,
and freezing the blood in the veins of a poet susceptible
enough to care about the bits of wood, silken rags,
dyed woolen stuffs, and multifarious gimcracks entitled
furniture.
When the broker’s men came for
Coralie’s furniture, the author of the Marguerites
fled to a friend of Bixiou’s, one Desroches,
a barrister, who burst out laughing at the sight of
Lucien in such a state about nothing at all.
“That is nothing, my dear fellow.
Do you want to gain time?”
“Yes, as much possible.”
“Very well, apply for stay of
execution. Go and look up Masson, he is a solicitor
in the Commercial Court, and a friend of mine.
Take your documents to him. He will make a second
application for you, and give notice of objection
to the jurisdiction of the court. There is not
the least difficulty; you are a journalist, your name
is well known enough. If they summons you before
a civil court, come to me about it, that will be my
affair; I engage to send anybody who offers to annoy
the fair Coralie about his business.”
On the 28th of May, Lucien’s
case came on in the civil court, and judgment was
given before Desroches expected it. Lucien’s
creditor was pushing on the proceedings against him.
A second execution was put in, and again Coralie’s
pilasters were gilded with placards. Desroches
felt rather foolish; a colleague had “caught
him napping,” to use his own expression.
He demurred, not without reason, that the furniture
belonged to Mlle. Coralie, with whom Lucien was
living, and demanded an order for inquiry. Thereupon
the judge referred the matter to the registrar for
inquiry, the furniture was proved to belong to the
actress, and judgment was entered accordingly.
Metivier appealed, and judgment was confirmed on appeal
on the 30th of June.
On the 7th of August, Maitre Cachan
received by the coach a bulky package endorsed, “Metivier
versus Sechard and Lucien Chardon.”
The first document was a neat little
bill, of which a copy (accuracy guaranteed) is here
given for the reader’s benefit:—
To Bill due the last day of April,
drawn by
Sechard, junior, to order of Lucien
de
Rubempre, together with expenses of
fr. c.
protest and return . . . . . . . . . .
. . . . 1037 45
May 5th—Serving notice of protest and
summons to appear before the
Tribunal of Commerce in
Paris, May 7th . . . . . . . . . . . .
. . 8 75
” 7th—Judgment by default and
warrant of arrest. . . . . . . . . . .
. . 35 —
” 10th—Notification of judgment . . . . . . .
. . 8 50
” 12th—Warrant of execution . . . . . . . . .
. . 5 50
” 14th—Inventory and appraisement
previous to execution. . . . . . . . .
. . 16 —
” 18th—Expenses of affixing placards. . . . .
. . 15 25
” 19th—Registration . . . . . . . . . . . . .
. . 4 —
” 24th—Verification of inventory, and
application for stay of execution
on the part of the said
Lucien de Rubempre, objecting
to the jurisdiction of the Court. . .
. . . 12 —
” 27th—Order of the Court upon application
duly repeated, and transfer of
of case to the Civil Court. . . . . .
. . . 35 —
__
Carried forward. . . . . . . . . .
. . 1177 45
fr.
c.
Brought forward
1177 45
May 28th—Notice of summary proceedings
in
the Civil Court at the instance
of Metivier, represented by
counsel . . . . . . . . . . . . . . .
. . . 6 50
June 2nd—Judgment, after hearing both
parties, condemning Lucien for
expenses of protest and return;
the plaintiff to bear costs
of proceedings in the
Commercial Court. . . . . . . . . . .
. . . 150 —
” 6th—Notification of judgment. . . . . . .
. . . 10 —
" 15th--Warrant of execution. . . . . . . . . . . . 5 50
" 19th—­Inventory and appraisement preparatory
to execution; interpleader summons by
the Demoiselle Coralie, claiming goods
and chattels taken in execution; demand
for immediate special inquiry before
further proceedings be taken . . . . . . . 20 --
" " —­Judge’s order referring matter to
registrar for immediate special inquiry. . 40 —­
" " —­Judgment in favor of the said
Mademoiselle Coralie . . . . . . . . . . . 250 --
" 20th--Appeal by Metivier . . . . . . . . . . . . 17 --
" 30th--Confirmation of judgment . . . . . . . . . 250 --
____ ____
Total . . . . . . . . . . . . . . . . 1926 45
__________
Bill matured May 31st, with expenses of fr. c.
protest and return. . . . . . . . . . . . . . . . 1037 45
Serving notice of protest. . . . . . . . . . . . . . 8 75
____ ____
Total . . . . . . . . . . . . . . . . 1046 20
Bill matured June 30th, with expenses of
protest and return. . . . . . . . . . . . . . . 1037 45
Serving notice of protest. . . . . . . . . . . . . . 8 75
____ ____
Total . . . . . . . . . . . . . . . . 1046 20
__________
This document was accompanied by a
letter from Metivier, instructing Maitre Cachan, notary
of Angouleme, to prosecute David Sechard with the
utmost rigor of the law. Wherefore Maitre Victor-Ange-Hermenegilde
Doublon summoned David Sechard before the Tribunal
of Commerce in Angouleme for the sum-total of four
thousand and eighteen francs eighty-five centimes,
the amount of the three bills and expenses already
incurred. On the morning of the very day when
Doublon served the writ upon Eve, requiring her to
pay a sum so enormous in her eyes, there came a letter
like a thunderbolt from Metivier:—
To Monsieur Sechard, Junior,
Printer, Angouleme.
“SIR,—Your brother-in-law,
M. Chardon, is so shamelessly
dishonest, that he declares his furniture to be
the property of an
actress with whom he is living. You ought to
have informed me
candidly of these circumstances, and not have allowed
me to go to
useless expense over law proceedings. I have
received no answer
to my letter of the 10th of May last. You must
not, therefore,
take it amiss if I ask for immediate repayment of
the three bills
and the expenses to which I have been put.—Yours,
etc.,
“METIVIER.”
Eve had heard nothing during these
months, and supposed, in her ignorance of commercial
law, that her brother had made reparation for his
sins by meeting the forged bills.
“Be quick, and go at once to
Petit-Claud, dear,” she said; “tell him
about it, and ask his advice.”
David hurried to his schoolfellow’s office.
“When you came to tell me of
your appointment and offered me your services, I did
not think that I should need them so soon,” he
said.
Petit-Claud studied the fine face
of this man who sat opposite him in the office chair,
and scarcely listened to the details of the case,
for he knew more of them already than the speaker.
As soon as he saw Sechard’s anxiety, he said
to himself, “The trick has succeeded.”
This kind of comedy is often played
in an attorney’s office. “Why are
the Cointets persecuting him?” Petit-Claud wondered
within himself, for the attorney can use his wit to
read his clients’ thoughts as clearly as the
ideas of their opponents, and it is his business to
see both sides of the judicial web.
“You want to gain time,”
he said at last, when Sechard had come to an end.
“How long do you want? Something like three
or four months?”
“Oh! four months! that would
be my salvation,” exclaimed David. Petit-Claud
appeared to him as an angel.
“Very well. No one shall
lay hands on any of your furniture, and no one shall
arrest you for four months——But it
will cost you a great deal,” said Petit-Claud.
“Eh! what does that matter to me?” cried
Sechard.
“You are expecting some money
to come in; but are you sure of it?” asked Petit-Claud,
astonished at the way in which his client walked into
the toils.
“In three months’ time
I shall have plenty of money,” said the inventor,
with an inventor’s hopeful confidence.
“Your father is still above
ground,” suggested Petit-Claud; “he is
in no hurry to leave his vines.”
“Do you think that I am counting
on my father’s death?” returned David.
“I am on the track of a trade secret, the secret
of making a sheet of paper as strong as Dutch paper,
without a thread of cotton in it, and at a cost of
fifty per cent less than cotton pulp.”
“There is a fortune in that!”
exclaimed Petit-Claud. He knew now what the tall
Cointet meant.
“A large fortune, my friend,
for in ten years’ time the demand for paper
will be ten times larger than it is to-day. Journalism
will be the craze of our day.”
“Nobody knows your secret?”
“Nobody except my wife.”
“You have not told any one what
you mean to do—the Cointets, for example?”
“I did say something about it, but in general
terms, I think.”
A sudden spark of generosity flashed
through Petit-Claud’s rancorous soul; he tried
to reconcile Sechard’s interests with the Cointet’s
projects and his own.
“Listen, David, we are old schoolfellows,
you and I; I will fight your case; but understand
this clearly—the defence, in the teeth of
the law, will cost you five or six thousand francs!
Do not compromise your prospects. I think you
will be compelled to share the profits of your invention
with some one of our paper manufacturers. Let
us see now. You will think twice before you buy
or build a paper mill; and there is the cost of the
patent besides. All this means time, and money
too. The servers of writs will be down upon you
too soon, perhaps, although we are going to give them
the slip——”
“I have my secret,” said
David, with the simplicity of the man of books.
“Well and good, your secret
will be your plank of safety,” said Petit-Claud;
his first loyal intention of avoiding a lawsuit by
a compromise was frustrated. “I do not
wish to know it; but mind this that I tell you.
Work in the bowels of the earth if you can, so that
no one may watch you and gain a hint from your ways
of working, or your plank will be stolen from under
your feet. An inventor and a simpleton often
live in the same skin. Your mind runs so much
on your secrets that you cannot think of everything.
People will begin to have their suspicions at last,
and the place is full of paper manufacturers.
So many manufacturers, so many enemies for you!
You are like a beaver with the hunters about you;
do not give them your skin——”
“Thank you, dear fellow, I have
told myself all this,” exclaimed Sechard, “but
I am obliged to you for showing so much concern for
me and for your forethought. It does not really
matter to me myself. An income of twelve hundred
francs would be enough for me, and my father ought
by rights to leave me three times as much some day.
Love and thought make up my life—a divine
life. I am working for Lucien’s sake and
for my wife’s.”
“Come, give me this power of
attorney, and think of nothing but your discovery.
If there should be any danger of arrest, I will let
you know in time, for we must think of all possibilities.
And let me tell you again to allow no one of whom
you are not so sure as you are of yourself to come
into your place.”
“Cerizet did not care to continue
the lease of the plant and premises, hence our little
money difficulties. We have no one at home now
but Marion and Kolb, an Alsacien as trusty as a dog,
and my wife and her mother——”
“One word,” said Petit-Claud, “don’t
trust that dog——”
“You do not know him,” exclaimed David;
“he is like a second self.”
“May I try him?”
“Yes,” said Sechard.
“There, good-bye, but send Mme.
Sechard to me; I must have a power of attorney from
your wife. And bear in mind, my friend, that there
is a fire burning in your affairs,” said Petit-Claud,
by way of warning of all the troubles gathering in
the law courts to burst upon David’s head.
“Here am I with one foot in
Burgundy and the other in Champagne,” he added
to himself as he closed the office door on David.
Harassed by money difficulties, beset
with fears for his wife’s health, stung to the
quick by Lucien’s disgrace, David had worked
on at his problem. He had been trying to find
a single process to replace the various operations
of pounding and maceration to which all flax or cotton
or rags, any vegetable fibre, in fact, must be subjected;
and as he went to Petit-Claud’s office, he abstractedly
chewed a bit of nettle stalk that had been steeping
in water. On his way home, tolerably satisfied
with his interview, he felt a little pellet sticking
between his teeth. He laid it on his hand, flattened
it out, and saw that the pulp was far superior to
any previous result. The want of cohesion is
the great drawback of all vegetable fibre; straw,
for instance, yields a very brittle paper, which may
almost be called metallic and resonant. These
chances only befall bold inquirers into Nature’s
methods!
“Now,” said he to himself,
“I must contrive to do by machinery and some
chemical agency the thing that I myself have done unconsciously.”
When his wife saw him, his face was
radiant with belief in victory. There were traces
of tears in Eve’s face.
“Oh! my darling, do not trouble
yourself; Petit-Claud will guarantee that we shall
not be molested for several months to come. There
will be a good deal of expense over it; but, as Petit-Claud
said when he came to the door with me, ’A Frenchman
has a right to keep his creditors waiting, provided
he repays them capital, interest, and costs.’—Very
well, then, we shall do that——”
“And live meanwhile?”
asked poor Eve, who thought of everything.
“Ah! that is true,” said
David, carrying his hand to his ear after the unaccountable
fashion of most perplexed mortals.
“Mother will look after little
Lucien, and I can go back to work again,” said
she.
“Eve! oh, my Eve!” cried
David, holding his wife closely to him.—“At
Saintes, not very far from here, in the sixteenth century,
there lived one of the very greatest of Frenchmen,
for he was not merely the inventor of glaze, he was
the glorious precursor of Buffon and Cuvier besides;
he was the first geologist, good, simple soul that
he was. Bernard Palissy endured the martyrdom
appointed for all seekers into secrets but his wife
and children and all his neighbors were against him.
His wife used to sell his tools; nobody understood
him, he wandered about the countryside, he was hunted
down, they jeered at him. But I—am
loved——”
“Dearly loved!” said Eve,
with the quiet serenity of the love that is sure of
itself.
“And so may well endure all
that poor Bernard Palissy suffered —Bernard
Palissy, the discoverer of Ecouen ware, the Huguenot
excepted by Charles IX. on the day of Saint-Bartholomew.
He lived to be rich and honored in his old age, and
lectured on the ’Science of Earths,’ as
he called it, in the face of Europe.”
“So long as my fingers can hold
an iron, you shall want for nothing,” cried
the poor wife, in tones that told of the deepest devotion.
“When I was Mme. Prieur’s forewoman
I had a friend among the girls, Basine Clerget, a
cousin of Postel’s, a very good child; well,
Basine told me the other day when she brought back
the linen, that she was taking Mme. Prieur’s
business; I will work for her.”
“Ah! you shall not work there
for long,” said David; “I have found out——”
Eve, watching his face, saw the sublime
belief in success which sustains the inventor, the
belief that gives him courage to go forth into the
virgin forests of the country of Discovery; and, for
the first time in her life, she answered that confident
look with a half-sad smile. David bent his head
mournfully.
“Oh! my dear! I am not
laughing! I did not doubt! It was not a sneer!”
cried Eve, on her knees before her husband. “But
I see plainly now that you were right to tell me nothing
about your experiments and your hopes. Ah! yes,
dear, an inventor should endure the long painful travail
of a great idea alone, he should not utter a word of
it even to his wife. . . . A woman is a woman
still. This Eve of yours could not help smiling
when she heard you say, ‘I have found out,’
for the seventeenth time this month.”
David burst out laughing so heartily
at his own expense that Eve caught his hand in hers
and kissed it reverently. It was a delicious
moment for them both, one of those roses of love and
tenderness that grow beside the desert paths of the
bitterest poverty, nay, at times in yet darker depths.
As the storm of misfortune grew, Eve’s
courage redoubled; the greatness of her husband’s
nature, his inventor’s simplicity, the tears
that now and again she saw in the eyes of this dreamer
of dreams with the tender heart,—all these
things aroused in her an unsuspected energy of resistance.
Once again she tried the plan that had succeeded so
well already. She wrote to M. Metivier, reminding
him that the printing office was for sale, offered
to pay him out of the proceeds, and begged him not
to ruin David with needless costs. Metivier received
the heroic letter, and shammed dead. His head-clerk
replied that in the absence of M. Metivier he could
not take it upon himself to stay proceedings, for
his employer had made it a rule to let the law take
its course. Eve wrote again, offering this time
to renew the bills and pay all the costs hitherto
incurred. To this the clerk consented, provided
that Sechard senior guaranteed payment. So Eve
walked over to Marsac, taking Kolb and her mother with
her. She braved the old vinedresser, and so charming
was she, that the old man’s face relaxed, and
the puckers smoothed out at the sight of her; but when,
with inward quakings, she came to speak of a guarantee,
she beheld a sudden and complete change of the tippleographic
countenance.
“If I allowed my son to put
his hand to the lips of my cash box whenever he had
a mind, he would plunge it deep into the vitals, he
would take all I have!” cried old Sechard.
“That is the way with children; they eat up
their parents’ purse. What did I do myself,
eh? I never cost my parents a farthing.
Your printing office is standing idle. The rats
and the mice do all the printing that is done in it.
. . . You have a pretty face; I am very fond of
you; you are a careful, hard-working woman; but that
son of mine!—Do you know what David is?
I’ll tell you—he is a scholar that
will never do a stroke of work! If I had reared
him, as I was reared myself, without knowing his letters,
and if I had made a ‘bear’ of him, like
his father before him, he would have money saved and
put out to interest by now. . . . Oh! he is my
cross, that fellow is, look you! And, unluckily,
he is all the family I have, for there is never like
to be a later edition. And when he makes you
unhappy——”
Eve protested with a vehement gesture of denial.
“Yes, he does,” affirmed
old Sechard; “you had to find a wet-nurse for
the child. Come, come, I know all about it, you
are in the county court, and the whole town is talking
about you. I was only a ‘bear,’ I
have no book learning, I was not foreman at
the Didots’, the first printers in the world;
but yet I never set eyes on a bit of stamped paper.
Do you know what I say to myself as I go to and fro
among my vines, looking after them and getting in my
vintage, and doing my bits of business?—I
say to myself, ’You are taking a lot of trouble,
poor old chap; working to pile one silver crown on
another, you will leave a fine property behind you,
and the bailiffs and the lawyers will get it all;
. . . or else it will go in nonsensical notions and
crotchets.’—Look you here, child;
you are the mother of yonder little lad; it seemed
to me as I held him at the font with Mme. Chardon
that I could see his old grandfather’s copper
nose on his face; very well, think less of Sechard
and more of that little rascal. I can trust no
one but you; you will prevent him from squandering
my property—my poor property.”
“But, dear papa Sechard, your
son will be a credit to you, you will see; he will
make money and be a rich man one of these days, and
wear the Cross of the Legion of Honor at his buttonhole.”
“What is he going to do to get it?”
“You will see. But, meanwhile,
would a thousand crowns ruin you? A thousand
crowns would put an end to the proceedings. Well,
if you cannot trust him, lend the money to me; I will
pay it back; you could make it a charge on my portion,
on my earnings——”
“Then has some one brought David
into a court of law?” cried the vinedresser,
amazed to find that the gossip was really true.
“See what comes of knowing how to write your
name! And how about my rent! Oh! little
girl, I must go to Angouleme at once and ask Cachan’s
advice, and see that I am straight. You did right
well to come over. Forewarned is forearmed.”
After two hours of argument Eve was
fain to go, defeated by the unanswerable dictum,
“Women never understand business.”
She had come with a faint hope, she went back again
almost heartbroken, and reached home just in time
to receive notice of judgment; Sechard must pay Metivier
in full. The appearance of a bailiff at a house
door is an event in a country town, and Doublon had
come far too often of late. The whole neighborhood
was talking about the Sechards. Eve dared not
leave her house; she dreaded to hear the whispers as
she passed.
“Oh! my brother, my brother!”
cried poor Eve, as she hurried into the passage and
up the stairs, “I can never forgive you, unless
it was——”
“Alas! it was that, or suicide,”
said David, who had followed her.
“Let us say no more about it,”
she said quietly. “The woman who dragged
him down into the depths of Paris has much to answer
for; and your father, my David, is quite inexorable!
Let us bear it in silence.”
A discreet rapping at the door cut
short some word of love on David’s lips.
Marion appeared, towing the big, burly Kolb after her
across the outer room.
“Madame,” said Marion,
“we have known, Kolb and I, that you and the
master were very much put about; and as we have eleven
hundred francs of savings between us, we thought we
could not do better than put them in the mistress’
hands——”
“Die misdress,” echoed Kolb fervently.
“Kolb,” cried David, “you
and I will never part. Pay a thousand francs
on account to Maitre Cachan, and take a receipt for
it; we will keep the rest. And, Kolb, no power
on earth must extract a word from you as to my work,
or my absences from home, or the things you may see
me bring back; and if I send you to look for plants
for me, you know, no human being must set eyes on
you. They will try to corrupt you, my good Kolb;
they will offer you thousands, perhaps tens of thousands
of francs, to tell——”
“Dey may offer me millions,”
cried Kolb, “but not ein vort from me shall
dey traw. Haf I not peen in der army, and know
my orders?”
“Well, you are warned.
March, and ask M. Petit-Claud to go with you as witness.”
“Yes,” said the Alsacien.
“Some tay I hope to be rich enough to dust der
chacket of dat man of law. I don’t like
his gountenance.”
“Kolb is a good man, madame,”
said Big Marion; “he is as strong as a Turk,
and as meek as a lamb. Just the one that would
make a woman happy. It was his notion, too, to
invest our savings this way —’safings,’
as he calls them. Poor man, if he doesn’t
speak right, he thinks right, and I understand him
all the same. He has a notion of working for
somebody else, so as to save us his keep——”
“Surely we shall be rich, if
it is only to repay these good folk,” said David,
looking at his wife.
Eve thought it quite simple; it was
no surprise to her to find other natures on a level
with her own. The dullest—nay, the
most indifferent—observer could have seen
all the beauty of her nature in her way of receiving
this service.
“You will be rich some day,
dear master,” said Marion; “your bread
is ready baked. Your father has just bought another
farm, he is putting by money for you; that he is.”
And under the circumstances, did not
Marion show an exquisite delicacy of feeling by belittling,
as it were, her kindness in this way?
French procedure, like all things
human, has its defects; nevertheless, the sword of
justice, being a two-edged weapon, is excellently
adapted alike for attack or defence. Procedure,
moreover, has its amusing side; for when opposed,
lawyers arrive at an understanding, as they well may
do, without exchanging a word; through their manner
of conducting their case, a suit becomes a kind of
war waged on the lines laid down by the first Marshal
Biron, who, at the siege of Rouen, it may be remembered,
received his son’s project for taking the city
in two days with the remark, “You must be in
a great hurry to go and plant cabbages!” Let
two commanders-in-chief spare their troops as much
as possible, let them imitate the Austrian generals
who give the men time to eat their soup though they
fail to effect a juncture, and escape reprimand from
the Aulic Council; let them avoid all decisive measures,
and they shall carry on a war for ever. Maitre
Cachan, Petit-Claud, and Doublon, did better than the
Austrian generals; they took for their example Quintus
Fabius Cunctator—the Austrian of antiquity.
Petit-Claud, malignant as a mule,
was not long in finding out all the advantages of
his position. No sooner had Boniface Cointet guaranteed
his costs than he vowed to lead Cachan a dance, and
to dazzle the paper manufacturer with a brilliant
display of genius in the creation of items to be charged
to Metivier. Unluckily for the fame of the young
forensic Figaro, the writer of this history is obliged
to pass over the scene of his exploits in as great
a hurry as if he trod on burning coals; but a single
bill of costs, in the shape of the specimen sent from
Paris, will no doubt suffice for the student of contemporary
manners. Let us follow the example set us by the
Bulletins of the Grande Armee, and give a summary of
Petit-Claud’s valiant feats and exploits in
the province of pure law; they will be the better
appreciated for concise treatment.
David Sechard was summoned before
the Tribunal of Commerce at Angouleme for the 3rd
of July, made default, and notice of judgment was
served on the 8th. On the 10th, Doublon obtained
an execution warrant, and attempted to put in an execution
on the 12th. On this Petit-Claud applied for
an interpleader summons, and served notice on Metivier
for that day fortnight. Metivier made application
for a hearing without delay, and on the 19th, Sechard’s
application was dismissed. Hard upon this followed
notice of judgment, authorizing the issue of an execution
warrant on the 22nd, a warrant of arrest on the 23rd,
and bailiff’s inventory previous to the execution
on the 24th. Metivier, Doublon, Cachan & Company
were proceeding at this furious pace, when Petit-Claud
suddenly pulled them up, and stayed execution by lodging
notice of appeal on the Court-Royal. Notice of
appeal, duly reiterated on the 25th of July, drew
Metivier off to Poitiers.
“Come!” said Petit-Claud
to himself, “there we are likely to stop for
some time to come.”
No sooner was the storm passed over
to Poitiers, and an attorney practising in the Court-Royal
instructed to defend the case, than Petit-Claud, a
champion facing both ways, made application in Mme.
Sechard’s name for the immediate separation of
her estate from her husband’s; using “all
diligence” (in legal language) to such purpose,
that he obtained an order from the court on the 28th,
and inserted notice at once in the Charente Courier.
Now David the lover had settled ten thousand francs
upon his wife in the marriage contract, making over
to her as security the fixtures of the printing office
and the household furniture; and Petit-Claud therefore
constituted Mme. Sechard her husband’s
creditor for that small amount, drawing up a statement
of her claims on the estate in the presence of a notary
on the 1st of August.
While Petit-Claud was busy securing
the household property of his clients, he gained the
day at Poitiers on the point of law on which the demurrer
and appeals were based. He held that, as the court
of the Seine had ordered the plaintiff to pay costs
of proceedings in the Paris commercial court, David
was so much the less liable for expenses of litigation
incurred upon Lucien’s account. The Court-Royal
took this view of the case, and judgment was entered
accordingly. David Sechard was ordered to pay
the amount in dispute in the Angouleme Court, less
the law expenses incurred in Paris; these Metivier
must pay, and each side must bear its own costs in
the appeal to the Court-Royal.
David Sechard was duly notified of
the result on the 17th of August. On the 18th
the judgment took the practical shape of an order to
pay capital, interest, and costs, followed up by notice
of an execution for the morrow. Upon this Petit-Claud
intervened and put in a claim for the furniture as
the wife’s property duly separated from her
husband’s; and what was more, Petit-Claud produced
Sechard senior upon the scene of action. The
old vinegrower had become his client on this wise.
He came to Angouleme on the day after Eve’s visit,
and went to Maitre Cachan for advice. His son
owed him arrears of rent; how could he come by this
rent in the scrimmage in which his son was engaged?
“I am engaged by the other side,”
pronounced Cachan, “and I cannot appear for
the father when I am suing the son; but go to Petit-Claud,
he is very clever, he may perhaps do even better for
you than I should do.”
Cachan and Petit-Claud met at the Court.
“I have sent you Sechard senior,”
said Cachan; “take the case for me in exchange.”
Lawyers do each other services of this kind in country
towns as well as in Paris.
The day after Sechard senior gave
Petit-Claud his confidence, the tall Cointet paid
a visit to his confederate.
“Try to give old Sechard a lesson,”
he said. “He is the kind of man that will
never forgive his son for costing him a thousand francs
or so; the outlay will dry up any generous thoughts
in his mind, if he ever has any.”
“Go back to your vines,”
said Petit-Claud to his new client. “Your
son is not very well off; do not eat him out of house
and home. I will send for you when the time comes.”
On behalf of Sechard senior, therefore,
Petit-Claud claimed that the presses, being fixtures,
were so much the more to be regarded as tools and
implements of trade, and the less liable to seizure,
in that the house had been a printing office since
the reign of Louis XIV. Cachan, on Metivier’s
account, waxed indignant at this. In Paris Lucien’s
furniture had belonged to Coralie, and here again in
Angouleme David’s goods and chattels all belonged
to his wife or his father; pretty things were said
in court. Father and son were summoned; such claims
could not be allowed to stand.
“We mean to unmask the frauds
intrenched behind bad faith of the most formidable
kind; here is the defence of dishonesty bristling with
the plainest and most innocent articles of the Code,
and why?—to avoid repayment of three thousand
francs; obtained how?—from poor Metivier’s
cash box! And yet there are those who dare to
say a word against bill-discounters! What times
we live in! . . . Now, I put it to you—what
is this but taking your neighbor’s money? . .
. You will surely not sanction a claim which
would bring immorality to the very core of justice!”
Cachan’s eloquence produced
an effect on the court. A divided judgment was
given in favor of Mme. Sechard, the house furniture
being held to be her property; and against Sechard
senior, who was ordered to pay costs—four
hundred and thirty-four francs, sixty-five centimes.
“It is kind of old Sechard,”
laughed the lawyers; “he would have a finger
in the pie, so let him pay!”
Notice of judgment was given on the
26th of August; the presses and plant could be seized
on the 28th. Placards were posted. Application
was made for an order empowering them to sell on the
spot. Announcements of the sale appeared in the
papers, and Doublon flattered himself that the inventory
should be verified and the auction take place on the
2nd of September.
By this time David Sechard owed Metivier
five thousand two hundred and seventy-five francs,
twenty-five centimes (to say nothing of interest),
by formal judgment confirmed by appeal, the bill of
costs having been duly taxed. Likewise to Petit-Claud
he owed twelve hundred francs, exclusive of the fees,
which were left to David’s generosity with the
generous confidence displayed by the hackney coachman
who has driven you so quickly over the road on which
you desire to go.
Mme. Sechard owed Petit-Claud
something like three hundred and fifty francs and
fees besides; and of old Sechard, besides four hundred
and thirty-four francs, sixty-five centimes, the little
attorney demanded a hundred crowns by way of fee.
Altogether, the Sechard family owed about ten thousand
francs. This is what is called “putting
fire into the bed straw.”
Apart from the utility of these documents
to other nations who thus may behold the battery of
French law in action, the French legislator ought
to know the lengths to which the abuse of procedure
may be carried, always supposing that the said legislator
can find time for reading. Surely some sort of
regulation might be devised, some way of forbidding
lawyers to carry on a case until the sum in dispute
is more than eaten up in costs? Is there not
something ludicrous in the idea of submitting a square
yard of soil and an estate of thousands of acres to
the same legal formalities? These bare outlines
of the history of the various stages of procedure
should open the eyes of Frenchmen to the meaning of
the words “legal formalities, justice, and costs,”
little as the immense majority of the nations know
about them.
Five thousand pounds’ weight
of type in the printing office were worth two thousand
francs as old metal; the three presses were valued
at six hundred francs; the rest of the plant would
fetch the price of old iron and firewood. The
household furniture would have brought in a thousand
francs at most. The whole personal property of
Sechard junior therefore represented the sum of four
thousand francs; and Cachan and Petit-Claud made claims
for seven thousand francs in costs already incurred,
to say nothing of expenses to come, for the blossom
gave promise of fine fruits enough, as the reader
will shortly see. Surely the lawyers of France
and Navarre, nay, even of Normandy herself, will not
refuse Petit-Claud his meed of admiration and respect?
Surely, too, kind hearts will give Marion and Kolb
a tear of sympathy?