IV THE PRESUMPTION SHIFTS
Into the silence of amazement that ensued, came the Duke's sneeringlaugh.
"Surely, surely, you didn't think to find it otherwise!" he said.
His insinuation was so apparent that the Archduke turned upon himinstantly.
"Don't be a coward, Ferdinand of Lotzen," he said. "Speak plainly; do youmean to charge me with having removed the Book from the box?"
The Duke bowed. "Just that, Your Royal Highness," he said; "just that,since you must have it--you Americans are so blunt of speech."
Armand leaned forward. "The only way to deal with a liar," he answered,"is to put him where he can't lie out."
Ferdinand shrugged his shoulders deprecatingly. "You play it verycleverly, cousin mine, but the logic of elimination is against you. Iassume you will not accuse our dear dead master of having hid the Laws;and since his decease, the key, you admit, has been with only you and HisExcellency, the Prime Minister. I assume also you will acquit CountEpping--I am quite sure I will--and so we come back to--you."
The Archduke had long ago learned that in an encounter with Lotzen it wasthe smiling face that served him best; so he controlled his anger andturned to the Ministers.
"His Highness overlooks the logic of opportunity," he said. "I was not inthe Summer Palace, since the King's death, until this morning."
Ferdinand laughed again. "Naturally not; you're not such a bungler."
Baron Steuben, who had been pulling thoughtfully at his beard, eyeingfirst one and then another, here broke in, addressing Armand.
"Would Your Highness care to tell us when you last saw the Book of Laws?"he inquired.
"I shall gladly answer any question the Council may ask. The only time Iever saw either Book or box was the day the King offered me myinheritance as the heir of Hugo."
And once again came Lotzen's sneering interruption.
"And yet you could instruct Count Epping just how to manipulate thekey:--'turn the bit sidewise and push down and in.'"
Retz half closed his eyes and smiled; Epping's lips grew tighter; Duvaland Marquand frowned; Steuben, with a last fierce tug at his beard,relapsed into silence.
But Armand met the issue squarely.
"It is my word against your inference," he said. "I am quite content tolet the Council choose. They, too, have seen that key used but once, andyet I venture that a year hence they also will remember the peculiarmotion it requires."
"They are much more likely to remember your ready wit and clever tongue,"Lotzen retorted.
The Archduke turned from him to the Council.
"My lords," he said, "there is small profit to you in these personalrecriminations. The question is, who is King of Valeria, Ferdinand ofLotzen or myself--and as only the Book of Laws can answer, I ask thatyou, yourselves, search King Frederick's apartments and interrogate hisparticular attendants."
Count Epping arose. "Will the Minister of Justice aid in the search," hesaid--"and also Your Royal Highness?" addressing Lotzen.
The latter smiled. "No; I thank you--what is the good in searching forsomething that isn't there!"--then he turned upon Armand. "I assume youbrought the box here," pointing to the table, "and that you found it inthe vault, where it is always kept--may I inquire how you got into thevault?"
"Through the door," said the Archduke dryly.
"Then you know the combination--something the King never told even me.Observe, my lords, the logic of opportunity!"
But Armand shook his head. "No," said he, "I do not know thecombination."
And Lotzen, seeing suddenly the pit that yawned for him if he pursuedfarther, simply smiled incredulously and turned away.
The old Count, however, saw it too, and had no mind to let theopportunity slip.
"Who opened the door?" he asked bluntly.
"Her Royal Highness the Princess," said the Archduke.
And Epping nodded in undisguised satisfaction; while Ferdinand of Lotzen,sauntering nonchalantly over to the nearest window, cursed him under hisbreath for a meddler and a fool.
As the Duke had predicted, the search of the King's apartments and thevault proved barren; and then, his particular servants and suchattendants as were in the Palace were summoned and examined, and alsowithout result; indeed none of them remembered having seen either box orBook--save one: Adolph, Frederick's valet. He said that, recently, hismaster had spent many hours in the evenings studying the Laws, goingthrough them with great care, making notations and marking certain pageswith slips of paper; that no one else was ever present at such times, andonce, when he had unthinkingly approached the desk, the King had angrilybade him leave the room. Asked when he had last seen the Book, heanswered the fourth day before His Majesty's demise; which, he added, hefelt sure was also the last time it had been used; but admitting,frankly, when pressed by the Archduke, that his only reason for sothinking was that he had not seen it in that interval.
"Oh, as to that, my dear cousin," said Lotzen from the window, theinstant the valet had gone, "I am altogether willing to admit, and forthe Council to assume, that the Book was safely in the box and the boxsafely in the vault when Frederick died. Don't try to obscure the pointat issue--what we want to know is what you have--I beg your pardon--whathas happened to it since that time."
Armand waited with polite condescension until the Duke had finished, thenhe ignored him and addressed the Council.
"My lords," he said, "you are confronted by a most unpleasant duty:Valeria must have a King, and you must choose him, either Ferdinand ofLotzen or myself. We cannot wait until the Laws are found. I claim thethrone by presumptive right; he, by a right admitted to be subordinate tomine. In the absence of the decrees my title is paramount, and the royaldignity falls on me. If the Laws be recovered, and under them I am notKing, I will abdicate, instantly."
Lotzen had come back to the table and resumed his favorite attitude ofleaning over the back of a chair.
"Charming, indeed, charming!" he chuckled. "Make me King,and if the Laws unmake me I will abdicate when they arerecovered--when--they--are--recovered! Do you fancy, messieurs, theywould ever be recovered?"
Count Epping saved the Archduke the necessity of answer.
"Your Highness' argument," he observed, "is predicated on the hypothesisthat the Archduke Armand has possession of the Book of Laws and isconcealing it because it would, if exhibited, prove him ineligible to theThrone."
"Admirably stated!" said Lotzen.
"But," Epping went on, "you cannot expect the Council to accept any suchhypothesis"--and all the Ministers nodded--"we must assume that neitheryou nor the Archduke knows aught of the Book, and whatever action we dotake must be, upon the distinct condition, agreed to, here and now, byyou both, that when the Laws are found--as found they surely will be--theSuccession shall be determined instantly by them. Are youwilling,"--addressing Lotzen--"that the Council, of which you are one,shall settle it, pending the recovery of the Laws?"
"No, I am not," said the Duke abruptly; "but pending election by theHouse of Nobles, I am content."
The Prime Minister watched the Duke meditatively for a moment, thenturned to the Archduke inquiringly.
"I am content, even as His Highness of Lotzen," said Armand; he saw wherethe play was leading, and the other's next move, and he was not minded tobalk him; there was likely to be a surprise at the end.
The Count faced the Council.
"The matter is before you," he said. "Having in view the Laws andcircumstances, as we know them, to whom shall we confide the government?"and with a bland smile, he looked at the Minister of Justice--who, as thejunior member, would have to vote first.
Retz stirred uneasily and glanced furtively at Lotzen. He was notinclined to go so rapidly, or, at least, so openly. Had he apprehendedany such proceeding he would have remained at home, ill, and let his dearcolleagues bear the unpleasant burdens. It was an appalling dilemma. Hewanted to vote for Lotzen--yet he was sure th
at Armand would be chosen.If he voted for Armand, he would bear the Duke's everlasting enmity, and,in the end, the Laws or the Nobles might give him the Crown. If he votedfor Lotzen, and Armand were chosen, he lifted himself out of the Council,and ended his career if eventually the American won. He ran his eyearound the table and caught the smile on every face, and mentally heconsigned them all to death and perdition. Then he heard Epping's voiceagain:
"We are waiting, Monsieur le Baron."
But Lotzen came to his relief--quite unintentionally; he alone had notnoted Retz's embarrassment, having been reading a paper he had taken fromhis pocket-book.
"One moment, if you please," he said. "I take it, that what may give theArchduke Armand preference over me in his claim for the Crown, is thepresumptive right of the eldest male. If, however, by the Laws, he isspecifically deprived of that right and made ineligible to the Crown,save under two conditions, I assume the presumption would be reversed,and he would be disqualified for the Succession until he had proved, bythe Laws themselves, his rehabilitation?"
The words were addressed to Epping, and the answer was prompt and to thepoint:
"Your proposition begs the situation," he said; "it needs the Laws toprove it."
The Duke laughed. "No, it doesn't. I will prove it out of the mouth ofthe Archduke Armand himself." He held up the paper. "Here is a copy ofthe Great Henry's decree reinstating Hugo. I made it months ago, being,it would seem, wiser than I knew. With the first portion the Council isalready familiar, Frederick having quoted it to you the day the ArchdukeArmand was presented; but of the last sentence, unfortunately, he made nomention; and it is that which governs now. His Royal Highness is fullyacquainted with the original, and if my copy is not accurate he can makedenial--nay, further, if he deny, I will accept whatever correction hemay offer.... Surely, cousin, that is fair and honest--shall I readit--or will you?"
Armand smiled indifferently. "You can do it with much better effect," heanswered.
"Will you have all of it or only the last sentence?"
"All of it."
Lotzen smiled maliciously. "The sweet as well as the bitter, cousin mine,with the bitter at the end." Then he tossed the paper across to Epping."Will Your Excellency read it?" he said.
With a glance at the Archduke for permission, the Count complied:
"'Section one hundred twenty-fifth--Whereas, we have learned that our second son, Hugo, hath served with much honour in the American Army under General Washington, and hath, since the termination of hostilities, married into a good family in one of the said American States, called Maryland, and hath assumed residence therein; and whereas he hath never sought aid from us nor sued for pardon; Now, therefore, in recognition of his valour and self reliance and true Dalberg independence, it is decreed, that Section one hundred twenty-one, supra, be annulled; and Hugo's name is hereby reinstated on the Family Roll in its proper place, the same as though never stricken therefrom. And it is further decreed that the marriage of Hugo and the marriage of his descendants shall be deemed lawful, the same as though their respective consorts were of the Blood Royal. The titles conferred upon Hugo shall, however, remain in abeyance until claimed anew by him or by his right heir male----'"
"And now, my lords, attend," Lotzen cut in. "Your pardon, Monsieur leComte, pray proceed."
The old man paused a moment in rebuke, then resumed:
"'Nor shall the latter be eligible to the Crown unless hereinafter specifically decreed so to be--or in event of a vacancy in the royal dignity without such decree having been so made, then, by special Act of the House of Nobles.
"'Henry III., Rex. "'Ye 17th of September, A.D. 1785.'"
The Prime Minister slowly put down the paper, and every one looked at theArchduke--what would be his answer? There was no doubt that Lotzen hadscored heavily, so heavily, indeed, that Retz made no effort to restrainhis smile.
"Does His Royal Highness deny the correctness of the copy and that thedecree is as read?" the Duke asked.
"I have never seen the decree," said Armand, "and my--pray have thecourtesy, sir," (as Lotzen laughed and shrugged his shoulders) "to waituntil I've finished--and my only knowledge of it is from hearing it readby the King, the day he offered me my inheritance; but if my recollectionbe accurate, the decree is as you have it."
In a flash the situation had become reversed, and it was now Armandagainst whom the presumption ran; and it was he, and not Ferdinand, whorequired the Laws to prove his claim.
A heavy silence followed. Then into the stillness cut the Duke's tauntinglaugh.
"Exit the American," he sneered. "Vale the foreign pretender."
It was, he knew, into Armand's most vulnerable spot and, like the coup degrace, he had saved it until last; yet, to his astonishment, it broughtonly a contemptuous smile and an ignoring stare.
"His Grace of Lotzen seems to have discovered a mare's nest," saidArmand. "The decree that is required to make me eligible to the Crown andto restore me to my proper place in the Line of Succession was executedby Frederick the Fourth the night before he died."
And once again came Lotzen's taunting laugh.
"The night after he died, you mean, cousin," he exclaimed.
The Prime Minister turned upon him with a frown.
"Your Royal Highness will permit me to suggest," said he, "the propriety,under the circumstances, of neither you nor the Archduke addressing eachother."
And Lotzen, discerning that the Council was of the same mind, noddedeasily.
"I cry pardon," he replied. "Your Excellency is quite right--but you willunderstand, I deny the existence of this suspiciously timely decree. Asto it, at least, there is no presumption of execution--the Laws alone canprove it."
The Count turned to the Archduke. "Your Highness has seen the decree?" heasked.
"I have not."
"Did the King tell you it was executed?"
"He did not--but he told another."
"And that other----?"
"Is the Princess Royal," said the Archduke.
The Count paused a moment to give the situation emphasis--and Lotzen,chagrin and anger consuming him, yet smiling and unabashed, drew out acigarette and carefully lit it.
"Do you think Her Highness would honor the Council with the facts?"Epping asked.
"I will acquaint her with your desires," said Armand.
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