The Chainbearer Part 28

"I see how it is! I see how it is!" exclaimed the squatter, with as much of suppressed indignation in his voice and mien as if his cause were that of offended innocence; "we've got a spy among us, and war-time's too fresh not to let us know how to deal with sich folks. Young man, what's your arr'nd down here, in my betterments, and beneath my ruff?"

"My errand, as you call it, Thousandacres, is to look after the property that is intrusted to my care. I am the son of General Littlepage, one of the owners of this spot, and the attorney of both."

"Oh! an _attorney_, be you?" cried the squatter, mistaking the attorney in fact for an attorney at law--a sort of being for whom he necessarily entertained a professional antipathy. "I'll attorney ye! If you or your gin'ral father thinks that Aaron Thousandacres is a man to have his territories invaded by the inimy, and keep his hands in his pockets the whull time, he's mistaken. Send 'em along, Lowiny, send along the b'ys, and let's see if we can't find lodgin's for this young attorney gin'ral, as well as board."

There was no mistaking the aspect of things now. Hostilities had commenced in a certain sense, and it became inc.u.mbent on me for the sake of safety to be on the alert. I knew that the Indian was armed; and, determined to defend my person if possible, I was resolved to avail myself of the use of his weapon should it become necessary. Stretching out an arm, and turning to the spot where Susquesus had just stood, to lay hold of his rifle, I discovered that he had disappeared.

CHAPTER XVIII.

"The lawless herd, with fury blind, Have done him cruel wrong; The flowers are gone, but still we find, The honey on his tongue."--COWPER.

There I stood alone and unarmed, in the centre of six athletic men--for Lowiny had been sent to a.s.semble her brothers, a business in which she was aided by Prudence's blowing a peculiar sort of blast on her conch--and as unable to resist as a child would have been in the hands of its parent. As a fruitless scuffle would have been degrading, as well as useless, I at once determined to submit, temporarily at least, or so long as submission did not infer disgrace, and was better than resistance. There did not seem to be any immediate disposition to lay violent hands on me, however, and there I stood, a minute or two, after I had missed Sureflint, surrounded by the whole brood of the squatter, young and old, male and female; some looking defiance, others troubled, and all anxious. As for myself, I will frankly own my sensations were far from pleasant; for I knew I was in the hands of the Philistines, in the depths of a forest, fully twenty miles from any settlement, and with no friends nearer than the party of the Chainbearer, who was at least two leagues distant, and altogether ignorant of my position as well as of my necessities. A ray of hope, however, gleamed in upon me through the probable agency of the Onondago.

Not for an instant did I imagine that long-known and well-tried friend of my father and the Chainbearer false. His character was too well established for that; and it soon occurred to me, that, foreseeing his own probable detention should he remain, he had vanished with a design to let the strait in which I was placed be known, and to lead a party to my rescue. A similar idea probably struck Thousandacres almost at the same instant; for, glancing his eye around him, he suddenly demanded--

"What has become of the redskin? The varmint has dodged away, as I'm an honest man! Nathaniel, Moses, and Daniel, to your rifles and on the trail. Bring the fellow in, if you can, with a whull skin; but if you can't, an Injin more or less will never be heeded in the woods."

I soon had occasion to note that the patriarchal government of Thousandacres was of a somewhat decided and prompt character. A few words went a great way in it, as was now apparent; for in less than two minutes after Aaron had issued his decree, those namesakes of the prophets and law-givers of old, Nathaniel, and Moses, and Daniel, were quitting the clearing on diverging lines, each carrying a formidable, long, American hunting-rifle in his hand. This weapon, so different in the degree of its power from the short military piece that has become known to modern warfare, was certainly in dangerous hands; for each of those young men had been familiar with his rifle from boyhood; gunpowder and liquor, with a little lead, composing nearly all the articles on which they lavished money for their amus.e.m.e.nt. I trembled for Susquesus; though I knew he must antic.i.p.ate a pursuit, and was so well skilled in throwing off a chase as to have obtained the name of the Trackless.

Still, the odds were against him; and experience has shown that the white man usually surpa.s.ses the Indian even in his own peculiar practices, when there have been opportunities to be taught. I could do no more, however, than utter a mental prayer for the escape of my friend.

"Bring that chap in here," added old Thousandacres, sternly, the moment he saw that his three sons were off; enough remaining to enforce that or any other order he might choose to issue. "Bring him into this room, and let us hold a court on him, sin' he is sich a lover of the law. If law he likes, law let him have. An attorney, is he? I warnt to know! What has an attorney to do with me and mine, out here in the woods?"

While this was in the course of being said, the squatter, and father of squatters, led the way into his own cabin, where he seated himself with an air of authority, causing the females and younger males of his brood to range themselves in a circle behind his chair. Seeing the folly of resistance, at a hint from Zephaniah I followed, the three young men occupying the place near the door, as a species of guard. In this manner we formed a sort of court, in which the old fellow figured as the investigating magistrate, and I figured as the criminal.

"An attorney, be you!" muttered Thousandacres, whose ire against me in my supposed, would seem to be more excited than it was against me in my real character, "B'ys, silence in the court; we'll give this chap as much law as he can stagger under, sin' he's of a law natur'. Everything shall be done accordin' to rule. Tobit," addressing his oldest son, a colossal figure of about six-and-twenty, "you've been in the law more than any on us, and can give us the word. What was't they did with you, first, when they had you up in Hamps.h.i.+re colony; the time when you and that other young man went across from the Varmount settlements to look for sheep? A raft of the critturs you did get atween you, though you _was_ waylaid and robbed of all your hard 'arnin's afore you got back ag'in in the mountains. They dealt with you accordin' to law, 'twas said; now, what was the first thing done?"

"I was tuck [taken] afore the 'squire," answered Tobit Thousandacres, as he was often called, "who heerd the case, asked me what I had to say for myself, and then permitted me, as it was tarmed; so I went to jail until the trial came on, and I s'pose you know what come next, as well as I do."

I took it for granted that what "come next" was anything but pleasant in remembrance, the reason Tobit did not relish it even in description, inasmuch as sheep-stealers were very apt to get "forty save one" at the whipping-post, in that day, a species of punishment that was admirably adapted to the particular offence. We are getting among us a set of _soi-disant_ philanthropists, who, in their great desire to coddle and reform rogues, are fast placing the punishment of offences on the honest portion of the community, for the especial benefit of their _eleves_.

Some of these persons have already succeeded in cutting down all our whipping-posts, thereby destroying the cheapest and best mode of punis.h.i.+ng a particular cla.s.s of crimes that was ever intended or practised. A generation hence our children will feel the consequences of this mistaken philanthropy. In that day, let those who own fowl-houses, pig-pens, orchards, smoke-houses, and other similar temptations to small depredations, look to it, for I am greatly mistaken if the insecurity of their movables does not give the most unanswerable of all commentaries on this capital misstep. One whipping-post, discreetly used, will do more toward reforming a neighborhood than a hundred jails, with their twenty and thirty days' imprisonment.[15] I have as much disposition to care for the reformation of criminals as is healthful, if I know myself; but the great object of all the punishments of society, viz., its own security, ought never to be sacrificed to this, which is but a secondary consideration. Render character, person and property as secure as possible, in the first place, after which, try as many experiments in philanthropy as you please.

[Footnote 15: Mr. Mordaunt Littlepage writes here with prophetic accuracy. Small depredations of this nature _have_ got to be so very common that few now think of resorting to the law for redress. Instead of furnis.h.i.+ng the prompt and useful punishment that was administered by our fathers, the law is as much adorned with its cavillings and delays in the minor as in the more important cases; and it often takes years to bring a small depredator even to trial, if he can find money to fee a sagacious lawyer.--EDITOR.]

I am sorry to see how far the disposition to economize is extending itself in the administration of American justice generally. Under a government like that of this country, it is worse than idle, for it is perfectly futile to attempt to gratify the imagination by a display of its power through the agency of pomp and representation. Such things, doubtless, have their uses, and are not to be senselessly condemned until one has had an opportunity of taking near views of their effects; though useful, or the reverse, they can never succeed here. But these communities of ours have it in their power to furnish to the world a far more ill.u.s.trious example of human prescience, and benevolent care, by their prompt, exact, and well-considered administration of justice--including the cases both in the civil and the criminal courts.

With what pride might not the American retort, when derided for the simplicity of his executive, and the smallness of the national expenditure in matters of mere representation, could he only say--"True, we waste nothing on mere parade; but, turn to the courts, and to the justice of the country; which, after all, are the great aim of every good government. Look at the liberality of our expenditures for the command of the highest talent, in the first place; see with what generous care we furnish judges in abundance, to prevent them from being overworked, and to avoid ruinous delays to suitors; then turn to the criminal courts, and into, first, the entire justice of the laws; next, the care had in the selection of jurors; the thorough impartiality of all the proceedings; and, finally, when the right demands it, the prompt, unerring, and almost terrific majesty of punishment." But to return to something that is a good deal more like truth:--

"Yes, yes," rejoined Thousandacres, "there is no use in riling the feelin's, by talking of _that_" (meaning Tobit's sufferings, not at the _stake_, but at the _post_)--"a hint's as good as a description. You was taken afore a magistrate, was you--and he permitted you to prison--but he asked what you had to say for yourself, first? That was only fair, and I mean to act it all out here, accordin' to law. Come, young attorney, what have _you_ got to say for yourself?"

It struck me that, alone as I was, in the hands of men who were a species of outlaws, it might be well to clear myself from every imputation that, at least, was not merited.

"In the first place," I answered, "I will explain a mistake into which you have fallen, Thousandacres; for, let us live as friends or foes, it is always best to understand facts. I am not an attorney, in the sense you imagine--I am not a lawyer."

I could see that the whole brood of squatters, Prudence included, was a good deal mollified by this declaration. As for Lowiny, her handsome, ruddy face actually expressed exultation and delight! I thought I heard that girl half suppress some such exclamation as--"I know'd he wasn't no lawyer!" As for Tobit, the scowling look, replete with cat-o'-nine-tails, actually departed, temporarily at least. In short, this announcement produced a manifest change for the better.

"No lawyer a'ter all!" exclaimed Thousandacres--"Didn't you say you was an attorney?"

"That much is true. I told you that I was the son of General Littlepage, and that I was _his_ attorney, and that of Colonel Follock, the other tenant in common of this estate; meaning that I held their _power of attorney_ to convey lands, and to transact certain other business in their names."

This caused me to lose almost as much ground as I had just gained, though, being the literal truth, I was resolved neither to conceal, nor to attempt to evade it.

"Good land!" murmured Lowiny. "Why couldn't the man say nothin' about all that?"

A reproving look from Prudence, rebuked the girl, and she remained silent afterward, for sometime.

"A _power_ of attorney, is it!" rejoined the squatter. "Wa-a-l, that's not much better than being a downright lawyer. It's having the power of an attorney, I s'pose, and without their accursed power it's little I should kear for any of the breed. Then you're the son of that Gin'ral Littlepage, which is next thing to being the man himself. I should expect if Tobit, my oldest b'y, was to fall into the hands of some that might be named, it would go hard with him, all the same as if t'was myself. I know that some make a difference atween parents and children, but other some doesn't. What's that you said about this gin'ral's only being a common tenant of this land? How dares he to call himself it's owner, if he's only a common tenant?"

The reader is not to be surprised at Thousandacre's trifling blunders of this sort; for, those whose rule of right is present interest, frequently, in the eagerness of rapacity, fall into this very kind of error; holding that cheap at one moment, which they affect to deem sacred at the next. I dare say, if the old squatter had held a lease of the spot he occupied, he would at once have viewed the character and rights of a "common tenant," as connected with two of the most important interests of the country. It happened now, however, that it was "his bull that was goring our ox."

"How dares he to call himself the owner of the sile, when he's only a common tenant, I say?" repeated Thousandacres, with increasing energy, when he found I did not answer immediately.

"You have misunderstood my meaning. I did not say that my father was only a 'common tenant' of this property, but that he and Colonel Follock own it absolutely in common, each having his right in every acre, and not one owning one half while the other owns the other; which is what the law terms being 'tenants in common,' though strictly owners in fee."

"I shouldn't wonder, Tobit, if he turns out to be an attorney, in our meaning, a'ter all!"

"It looks desp'rately like it, father," answered the eldest born, who might have been well termed the heir at law of all his progenitor's squatting and fierce propensities. "If he isn't a downright lawyer, he _looks_ more like one than any man I ever seed out of court, in my whull life."

"He'll find his match! Law and I have been at loggerheads ever sin' the day I first went into Varmount, or them plaguy Hamps.h.i.+re Grants. When law gets me in its clutches, it's no wonder if it gets the best on't; but, when I get law in mine, or one of its sarvants, it shall be my fault if law doesn't come out second best. Wa-a-l, we've heerd the young man's story, Tobit. I've asked him what he had to say for himself, and he has g'in us his tell--tell'd us how he's his own father's son, and that the gin'ral is some sort of a big tenant, instead of being a landlord, and isn't much better than we are ourselves; and it's high time I permitted him to custody. _You_ had writin's for what they did to you, I dares to say, Tobit?"

"Sartain. The magistrate give the sheriff's deputy a permittimus, and on the strength of that, they permitted me to jail."

"Ye-e-es--I know all about their niceties and appearances! I have had dealin's afore many a magistrate, in my day, and have onsuited many a chap that thought to get the best on't afore we begun! Onsuiting the man that brings the suit, is the cleanest way of getting out of the law, as I knows on; but it takes a desp'rate long head sometimes to do it! Afore I permit this young man, I'll show writin's, too. Prudence, just onlock the drawer----"

"I wish to correct one mistake before you proceed further," interrupted I. "For the second time, I tell you I am no lawyer, in any sense of the word. I am a soldier--have commanded a company in General Littlepage's own regiment, and served with the army when only a boy in years. I saw both Burgoyne and Cornwallis surrender, and their troops lay down their arms."

"Good now! Who'd ha' thought it!" exclaimed the compa.s.sionate Lowiny.

"And he so young, that you'd hardly think the wind had ever blown on him!"

My announcement of this new character was not without a marked effect.

Fighting was a thing to the whole family's taste, and what they could appreciate better, perhaps, than any other act or deed. There was something warlike in Thousandacres' very countenance and air, and I was not mistaken in supposing he might feel some little sympathy for a soldier. He eyed me keenly; and whether or not he discovered signs of the truth of my a.s.sertion in my mien, I saw that he once more relented in purpose.

"You out ag'in Burg'yne!" the old fellow exclaimed. "Can I believe what you say? Why, I was out ag'in Burg'yne myself, with Tobit and Moses, and Nathaniel and Jedediah--with every male crittur' of the family, in short, that was big enough to load and fire. I count them days as among my very best, though they did come late, and a'ter old age had made some head ag'in me. How can you prove you was out ag'in Burg'yne and Cornwallis?"

I knew that there was often a strange medley of _soi-disant_ patriotic feeling mixed up with the most confirmed knavery in ordinary matters, and saw I had touched a chord that might thrill on the sympathies of even these rude and supremely selfish beings. The patriotism of such men, indeed, is nothing but an enlargement of selfishness, since they prize things because they belong to themselves, or they, in one sense, belong to the things. They take sides with themselves, but never with principles. That patriotism alone is pure, which would keep the country in the paths of truth, honor, and justice; and no man is empowered, in his zeal for his particular nation, any more than in his zeal, for himself, to forget the law of right.

"I cannot prove I was out against Burgoyne, standing here where I am, certainly," I answered; "but give me an opportunity, and I will show it to your entire satisfaction."

"Which rijiment was on the right, Hazen's or Brookes's, in storming the Jarmans? Tell me _that_, and I will soon let you know whether I believe you or not."

"I cannot tell you that fact, for I was with my own battalion, and the smoke would not permit such a thing to be seen. I do not know that either of the corps you mention was in that particular part of the field that day, though I believe both to have been warmly engaged."

"He warnt there," drawled out Tobit, in his most dissatisfied manner, almost showing his teeth, like a dog, under the impulse of the hatred he felt.

"He _was_ there!" cried Lowiny, positively; "I _know_ he was there!"