The Mettle of the Pasture Part 27

"What did she mean?" pondered Miss Anna.

IV

"Barbee," said Judge Morris one morning a fortnight later, "what has become of Marguerite? One night not long ago you complained of her as an obstacle in the path of your career: does she still annoy you with her attentions? You could sue out a writ of habeas corpus in your own behalf if she persists. I'd take the case. I believe you asked me to mark your demeanor on the evening of that party. I tried to mark it; but I did not discover a great deal of demeanor to mark."

The two were sitting in the front office. The Judge, with nothing to do, was facing the street, his snow-white cambric handkerchief thrown across one knee, his hands grasping the arms of his chair, the newspaper behind his heels, his straw hat and cane on the floor at his side, and beside them the bulldog--his nose thrust against the hat.

Barbee was leaning over his desk with his fingers plunged in his hair and his eyes fixed on the law book before him--unopened. He turned and remarked with dry candor:

"Marguerite has dropped me."

"If she has, it's a blessed thing."

"There was more depth to her than I thought."

"There always is. Wait until you get older."

"I shall have to work and climb to win her."

"You might look up meantime the twentieth verse of the twenty-ninth chapter of Genesis."

Barbee rose and took down a Bible from among the law books: it had been one of the Judge's authorities, a great stand-by for reference and eloquence in his old days of pleading. He sat down and read the verse and laid the volume aside with the mere comment: "All this time I have been thinking her too much of a child; I find that she has been thinking the same of me."

"Then she has been a sound thinker."

"The result is she has wandered away after some one else. I know the man; and I know that he is after some one else. Why do people desire the impossible person? If I had been a Greek sculptor and had been commissioned to design as my masterwork the world's Frieze of Love, it should have been one long array of marble shapes, each in pursuit of some one fleeing. But some day Marguerite will be found sitting pensive on a stone--pursuing no longer; and when I appear upon the scene, having overtaken her at last, she will sigh, but she will give me her hand and go with me: and I'll have to stand it. That is the worst of it. I shall have to stand it--that she preferred the other man."

The Judge did not care to hear Barbee on American themes with Greek imagery. He yawned and struggled to his feet with difficulty.

"I'll take a stroll," he said; "it is all I can take."

Barbee sprang forward and picked up for him his hat and cane. The dog, by what seemed the slow action of a mental jackscrew, elevated his cylinder to the tops of his legs; and presently the two stiff old bodies turned the corner of the street, one slanting, one p.r.o.ne: one dotting the bricks with his three legs, the other with his four.

Formerly the man and the brute had gone each his own way, meeting only at meal time and at irregular hours of the night in the Judge's chambers. The Judge had his stories regarding the origin of their intimacy. He varied these somewhat according to the sensibilities of the persons to whom they were related--and there were not many habitues of the sidewalks who did not hear them sooner or later. "No one could disentangle fact and fiction and affection in them.

"Some years ago," he said one day to Professor Hardage, "I was a good deal gayer than I am now and so was he. We cemented a friends.h.i.+p in a certain way, no matter what: that is a story I'm not going to tell. And he came to live with me on that footing of friends.h.i.+p. Of course he was greatly interested in the life of his own species at that time; he loved part of it, he hated part; but he was no friend to either. By and by he grew older. Age removed a good deal of his vanity, and I suppose it forced him to part with some portion of his self-esteem. But I was growing older myself and no doubt getting physically a little helpless. I suppose I made senile noises when I dressed and undressed, expressive of my decorative labors. This may have been the reason; possibly not; but at any rate about this time he conceived it his duty to give up his friends.h.i.+p as an equal and to enter my employ as a servant. He became my valet--without wages--and I changed his name to 'Brown.'

"Of course you don't think this true; well, then, don't think it true. But you have never seen him of winter mornings get up before I do and try to keep me out of the bath-tub. He'll station himself at the bath-room door; and as I approach he will look at me with an air of saying; 'Now don't climb into that cold water! Stand on the edge of it and lap it if you wis.h.!.+ But don't get into it. Drink it, man, don't wallow in it.' He waits until I finish, and then he speaks his mind plainly again: 'Now see how wet you are! And to-morrow you will do the same thing.' And he will stalk away, suspicious of the grade of my intelligence.

"He helps me to dress and undress. You'd know this if you studied his face when I struggle to brush the dust off of my back and shoulders: the mortification, the sense of injustice done him, in his having been made a quadruped. When I stoop over to take off my shoes, if I do it without any noise and he lies anywhere near, very well; but if I am noisy about it, he always comes and takes a seat before me and a.s.sists. Then he makes his same speech: 'What a shame that you should have to do this for yourself, when I am here to do it for you, but have no hands.'

"You know his portrait in my sitting room. When it was brought home and he discovered it on the wall, he looked at it from different angles, and then came across to me with a wound and a grievance: 'Why have you put that thing there? How can you, who have me, tolerate such a looking object as that? See the meanness in his face! See how used up he is and how sick of life! See what a history is written all over him--his crimes and disgraces! And you can care for him when you have _me_, your Brown.' After I am dead, I expect him to publish a memorial volume ent.i.tled 'Reminiscences of the late Judge Ravenel Morris, By his former Friend, afterward his Valet, _Taurus-Canis_.'"

The long drowsing days of summer had come. Business was almost suspended; heat made energy impossible. Court was not in session, farmers were busy with crops. From early morning to late afternoon the streets were well-nigh deserted.

Ravenel Morris found life more active for him during this idlest season of his native town. Having no business to prefer, people were left more at leisure to talk with him; more acquaintances sat fanning on their doorsteps and bade him good night as he pa.s.sed homeward. There were festivals in the park; and he could rest on one of the benches and listen to the band playing tunes. He had the common human heart in its love of tunes. When tunes stopped, music stopped for him. If anything were played in which there was no traceable melody, when the instruments encountered a tumult of chords and dissonances, he would exclaim though with regretful toleration:

"What are they trying to do now? What is it all about? Why can't music be simple and sweet? Do noise and confusion make it better or greater?"

One night Barbee had him serenaded. He gave the musicians instruction as to the tunes, how they were to be played, in what succession, at what hour of the night. The melodists grouped themselves in the middle of the street, and the Judge came out on a little veranda under one of his doors and stood there, a great silver-haired figure, looking down. The moonlight shone upon him.

He remained for a while motionless, wrapped loosely in what looked like a white toga. Then with a slight gesture of the hand full of mournful dignity he withdrew.

It was during these days that Barbee, who always watched over him with a most reverent wors.h.i.+p and affection, made a discovery. The Judge was breaking; that brave life was beginning to sink and totter toward its fall and dissolution. There were moments when the cheerfulness, which had never failed him in the midst of trial, failed him now when there was none; when the ancient springs of strength ceased to run and he was discovered to be feeble.

Sometimes he no longer read his morning newspaper; he would sit for long periods in the front door of his office, looking out into the street and caring not who pa.s.sed, not even returning salutations: what was the use of saluting the human race impartially? Or going into the rear office, he would reread pages and chapters of what at different times in his life had been his favorite books: "Rabelais"

and "The Decameron" when he was young; "Don Quixote" later, and "Faust"; "Clarissa" and "Tom Jones" now and then; and Shakespeare always; and those poems of Burns that tell sad truths; and the account of the man in Thackeray who went through so much that was large and at the end of life was brought down to so much that was low. He seemed more and more to feel the need of grasping through books the hand of erring humanity. And from day to day his conversations with Barbee began to take more the form of counsels about life and duty, about the ideals and mistakes and virtues and weaknesses in men. He had a good deal to say about the ethics of character in the court room and in the street.

One afternoon Barbee very thoughtfully asked him a question: "Uncle, I have wanted to know why you always defended and never prosecuted. The State is supposed to stand for justice, and the State is the accuser; in always defending the accused and so in working against the State, have you not always worked against justice?"

The Judge sat with his face turned away and spoke as he sat--very gravely and quietly: "I always defended because the State can punish only the accused, and the accused is never the only criminal. In every crime there are three criminals. The first criminal is the Origin of Evil. I don't know what the Origin of Evil is, or who he is; but if I could have dragged the Origin of Evil into the court room, I should have been glad to try to have it hanged, or have him hanged. I should have liked to argue the greatest of all possible criminal cases: the case of the Common People vs. the Devil--so nominated. The second criminal is all that coworked with the accused as involved in his nature, in his temptation, and in his act. If I could have arraigned all the other men and women who have been forerunners or copartners of the accused as furthering influences in the line of his offence, I should gladly have prosecuted them for their share of the guilt.

But most of the living who are accessory can no more be discovered and summoned than can the dead who also were accessory. You have left the third criminal; and the State is forced to single him out and let the full punishment fall upon him alone. Thus it does not punish the guilty--it punishes the last of the guilty. It does not even punish him for his share of the guilt: it can never know what that share is. This is merely a feeling of mine, I do not uphold it. Of course I often declined to defend also."

They returned to this subject another afternoon as the two sat together a few days later:

"There was sometimes another reason why I felt unwilling to prosecute: I refer to cases in which I might be taking advantage of the inability of a fellow-creature to establish his own innocence.

I want you to remember this--nothing that I have ever said to you is of more importance: a good many years ago I was in Paris. One afternoon I was walking through the most famous streets in the company of a French scholar and journalist, a deep student of the genius of French civilization. As we pa.s.sed along, he pointed out various buildings with reference to the history that had been made and unmade within them. At one point he stopped and pointed to a certain structure with a high wall in front of it and to a hole in that wall. 'Do you know what that is?' he asked. He told me. Any person can drop a letter into that box, containing any kind of accusation against any other person; it is received by the authorities and it becomes their duty to act upon its contents. Do you know what that means? Can you for a moment realize what is involved? A man's enemy, even his so-called religious enemy, any a.s.sa.s.sin, any slanderer, any liar, even the mercenary who agrees to hire out his honor itself for the wages of a slave, can deposit an anonymous accusation against any one whom he hates or wishes to ruin; and it becomes the duty of the authorities to respect his communication as much as though it came before a court of highest equity. An innocent man may thus become an object of suspicion, may be watched, followed, arrested and thrown into prison, disgraced, ruined in his business, ruined in his family; and if in the end he is released, he is never even told what he has been charged with, has no power of facing his accuser, of bringing him to justice, of recovering damages from the State. While he himself is kept in close confinement, his enemy may manufacture evidence which he alone would be able to disprove; and the chance is never given him to disprove it."

The Judge turned and looked at Barbee in simple silence.

Barbee sprang to his feet: "It is a d.a.m.ned shame!" he cried. "d.a.m.n the French! d.a.m.n such a civilization."

"Why d.a.m.n the French code? In our own country the same thing goes on, not as part of our system of jurisprudence, but as part of our system of--well, we'll say--morals. In this country any man's secret personal enemy, his so-called religious enemy for instance, may fabricate any accusation against him. He does not drop it into the dark crevice of a dead wall, but into the blacker hole of a living ear. A perfectly innocent man by such anonymous or untraceable slander can be as grossly injured in reputation, in business, in his family, out of a prison in this country as in a prison in France. Slander may circulate about him and he will never even know what it is, never be confronted by his accuser, never have power of redress.

"Now what I wish you to remember is this: that in the very nature of the case a man is often unable to prove his innocence. All over the world useful careers come to nothing and lives are wrecked, because men may be ignorantly or malignantly accused of things of which they cannot stand up and prove that they are innocent. Never forget that it is impossible for a man finally to demonstrate his possession of a single great virtue. A man cannot so prove his bravery. He cannot so prove his honesty or his benevolence or his sobriety or his chast.i.ty, or anything else. As to courage, all that he can prove is that in a given case or in all tested cases he was not a coward. As to honesty, all that he can prove is that in any alleged instance he was not a thief. A man cannot even directly prove his health, mental or physical: all that he can prove is that he shows no unmistakable evidences of disease. But an enemy may secretly circulate the charge that these evidences exist; and all the evidences to the contrary that the man himself may furnish will never disperse that impression. It is so for every great virtue. His final possession of a single virtue can be proved by no man.

"This was another reason why I was sometimes unwilling to prosecute a fellow-creature; it might be a case in which he alone would actually know whether he were innocent, but his simple word would not be taken, and his simple word would be the only proof that he could give. I ask you, as you care for my memory, never to take advantage of the truth that the man before you, as the accused, may in the nature of things be unable to prove his innocence. Some day you are going to be a judge. Remember you are always a judge; and remember that a greater Judge than you will ever be gave you the rule: 'Judge as you would be judged.' The great root of the matter is this: that all human conduct is judged; but a very small part of human conduct is ever brought to trial."

He had many visitors at his office during these idle summer days.

He belonged to a generation of men who loved conversation--when they conversed. All the lawyers dropped in. The report of his failing strength brought these and many others.

He saw a great deal of Professor Hardage. One morning as the two met, he said with more feeling than he usually allowed himself to show: "Hardage, I am a lonesome old man; don't you want me to come and see you every Sunday evening? I always try to get home by ten o'clock, so that you couldn't get tired of me; and as I never fall asleep before that time, you wouldn't have to put me to bed. I want to hear you talk, Hardage. My time is limited; and you have no right to shut out from me so much that you know--your learning, your wisdom, yourself. And I know a few things that I have picked up in a lifetime. Surely we ought to have something to say to each other."

But when he came, Professor Hardage was glad to let him find relief in his monologues--fragments of self-revelation. This last phase of their friends.h.i.+p had this added significance: that the Judge no longer spent his Sunday evenings with Mrs. Conyers. The last social link binding him to womankind had been broken. It was a final loosening and he felt it, felt the desolation in which it left him. His cup of life had indeed been drained, and he turned away from the dregs.

One afternoon Professor Hardage found him sitting with his familiar Shakespeare on his knees. As he looked up, he stretched out his hand in eager welcome and said: "Listen once more;" and he read the great kindling speech of King Henry to his English yeomen on the eve of battle.

He laid the book aside.

"Of course you have noticed how Shakespeare likes this word 'mettle,' how he likes the _thing_. The word can be seen from afar over the vast territory of his plays like the same battle-flag set up in different parts of a field. It is conspicuous in the heroic English plays, and in the Roman and in the Greek; it waves alike over comedy and tragedy as a rallying signal to human nature. I imagine I can see his face as he writes of the mettle of children--the mettle of a boy--the quick mettle of a schoolboy--a lad of mettle--the mettle of a gentleman--the mettle of the s.e.x--the mettle of a woman, Lady Macbeth--the mettle of a king--the mettle of a speech--even the mettle of a rascal--mettle in death.

I love to think of him, a man who had known trouble, writing the words: 'The insuppressive mettle of our spirits.'

"But this particular phrase--the mettle of the pasture--belongs rather to our century than to his, more to Darwin than to the theatre of that time. What most men are thinking of now, if they think at all, is of our earth, a small gra.s.s-grown planet hung in s.p.a.ce. And, unaccountably making his appearance on it, is man, a pasturing animal, deriving his mettle from his pasture. The old question comes newly up to us: Is anything ever added to him? Is anything ever lost to him? Evolution--is it anything more than change? Civilizations--are they anything but different arrangements of the elements of man's nature with reference to the preeminence of some elements and the subsidence of others?

"Suppose you take the great pa.s.sions: what new one has been added, what old one has been lost? Take all the pa.s.sions you find in Greek literature, in the Roman. Have you not seen them reappear in American life in your own generation? I believe I have met them in my office. You may think I have not seen Paris and Helen, but I have. And I have seen Orestes and Agamemnon and Clytemnestra and Oedipus. Do you suppose I have not met Tarquin and Virginia and Lucretia and Shylock--to come down to nearer times--and seen Lear and studied Macbeth in the flesh? I knew Juliet once, and behind locked doors I have talked with Romeo. They are all here in any American commonwealth at the close of our century: the great tragedies are numbered--the oldest are the newest. So that sometimes I fix my eyes only on the old. I see merely the planet with its middle green belt of pasture and its poles of snow and ice; and wandering over that green belt for a little while man the pasturing animal--with the mystery of his ever being there and the mystery of his dust--with nothing ever added to him, nothing ever lost out of him--his only power being but the power to vary the uses of his powers.

"Then there is the other side, the side of the new. I like to think of the marvels that the pasturing animal has accomplished in our own country. He has had new thoughts, he has done things never seen elsewhere or before. But after all the question remains, what is our characteristic mettle? What is the mettle of the American?

He has had new ideas; but has he developed a new virtue or carried any old virtue forward to characteristic development? Has he added to the civilizations of Europe the spectacle of a single virtue transcendently exercised? We are not braver than other brave people, we are not more polite, we are not more honest or more truthful or more sincere or kind. I wish to G.o.d that some virtue, say the virtue of truthfulness, could be known throughout the world as the unfailing mark of the American--the mettle of his pasture.

Not to lie in business, not to lie in love, not to lie in religion--to be honest with one's fellow-men, with women, with G.o.d--suppose the rest of mankind would agree that this virtue const.i.tuted the characteristic of the American! That would be fame for ages.