"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.
"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 assemble 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 amusement. I trembled for Susquesus; though I knew he must anticipate 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 surpasses 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 Hampshire 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 youwaswaylaid 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 ofsoi-disantphilanthropists, 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 theirélèves. Some of these persons have already succeeded in cutting down all our whipping-posts, thereby destroying the cheapest and best mode of punishing a particular class 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.
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 illustrious 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 ofthat" (meaning Tobit's sufferings, not at thestake, but at thepost)—"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 haveyougot 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 washisattorney, and that of Colonel Follock, the other tenant in common of this estate; meaning that I held theirpower of attorneyto 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.
"Apowerof 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, helooksmore 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 Hampshire 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.Youhad 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 compassionate 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 assertion 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 ofsoi-disantpatriotic 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 methat, 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.
"Hewasthere!" cried Lowiny, positively; "Iknowhe was there!"
A slap from Prudence taught the girl the merit of silence; but the men were too much interested to heed an interruption as characteristic and as bootless as this.
"I see how it is," added Thousandacres; "I must permit the chap a'ter all. Seein', however, that thereisa chance of his having been out ag'in Burg'yne, I'll permit himwithoutwritin's, and he shan't be bound. Tobit, take your prisoner away, and shut him up in the store'us'. When your brothers get back from their hunt a'ter the Injin, we'll detarmine among us what is to be done with him."
Thousandacres delivered his orders with dignity, and they were obeyed to the letter. I made no resistance, since it would only have led to a scuffle, in which I should have sustained the indignity of defeat, to say nothing of personal injuries. Tobit, however, did not offer personal violence, contenting himself with making a sign for me to follow him, which I did, followed in turn by his two double-jointed brothers. I will acknowledge that, as we proceeded toward my prison, the thought of flight crossed my mind; and I might have attempted it, but for the perfect certainty that, with so many on my heels, I must have been overtaken, when severe punishment would probably have been my lot. On the whole, I thought it best to submit for a time, and trust the future to Providence. As to remonstrance or deprecation, pride forbade my having recourse to either. I was not yet reduced so low as to solicit favors from a squatter.
The jail to which I was "permitted" by Thousandacres was a storehouse, or, as he pronounced the word, a "store'us," of logs, which had been made of sufficient strength to resist depredations, let them come from whom they might, and they were quite as likely to come from some within as from any without. In consequence of its destination, the building was not ill-suited to become a jail. The logs, of course, gave a sufficient security against the attempts of a prisoner without tools or implements of any sort, the roof being made of the same materials as the sides. There was no window, abundance of air and light entering through the fissures of the rough logs, which had open intervals between them; and the only artificial aperture was the door. This last was made of stout planks, and was well secured by heavy hinges, and strong bolts and locks. The building was of some size, too—twenty feet in length at least—one end of it, though then quite empty, having been intended and used as a crib for the grain that we Americans call,par excellence, corn. Into this building I entered, after having the large knife that most woodsmen carry taken from my pocket; and a search was made on my person for any similar implement that might aid me in an attempt to escape.
In that day America had no paper money, from the bay of Hudson to Cape Horn. Gold and silver formed the currency, and my pockets had a liberal supply of both, in the shape of joes and half-joes, dollars, halves, and quarters. Not a piece of coin, of any sort, was molested, however, these squatters not being robbers, in the ordinary signification of the term, but merely deluded citizens who appropriated the property of others to their own use, agreeably to certain great principles of morals that had grown up under their own peculiar relations to the rest of mankind, their immediate necessities and their convenience. I make no doubt that every member of the family of Thousandacres would spurn the idea of his or her being a vulgar thief, drawing some such distinctions in the premises as the Drakes, Morgans, Woodes, Rogers, and others of that school drew between themselves and the vulgar every day sea-robbers of the seventeenth century, though with far less reason. But robbers these squatters were not, except in one mode and that mode they almost raised to the dignity of respectable hostilities, by the scale on which they transacted business.
I was no sooner "locked-up" than I began a survey of my prison and the surrounding objects. There was no difficulty in doing either, the opening between the logs allowing of a clear reconnoissance on every side. With a view to keeping its contents in open sight, I fancy, the "store'us" was placed in the very centre of the settlement, having the mills, cabins, barns, sheds, and other houses, encircling it in a sort of hamlet. This circumstance, which would render escape doubly difficult, was, notwithstanding, greatly in favor of reconnoitring. I will now describe the results of my observations. As a matter of course, my appearance, the announcement of my character, and my subsequent arrest, were circumstances likely to produce a sensation in the family of the squatter. All the women had gathered around Prudence, near the door of her cabin, and the younger girls were attracted to that spot, as the particles of matter are known to obey the laws of affinity. The males, one boy of eight or ten years excepted, were collected near the mill, where Thousandacres, apparently, was holding a consultation with Tobit and the rest of the brotherhood, among whom, I fancy, was no one entitled to be termed an angel. Everybody seemed to be intently listening to the different speakers, the females often turning their eyes toward their male protectors, anxiously and with long protracted gazes. Indeed, many of them looked in that direction, even while they gave ear to the wisdom of Prudence herself.
The excepted boy had laid himself, in a lounging, American sort of an attitude, on a saw-log near my prison, and in a position that enabled him to see both sides of it, without changing his ground. By the manner in which his eyes were fastened on the "store'us" I was soon satisfied that he was acting in the character of a sentinel. Thus, my jail was certainly sufficiently secure, as the force of no man, unaided and without implements, could have broken a passage through the logs.
Having thus taken a look at the general aspect of things, I had leisure to reflect on my situation, and the probable consequences of my arrest. For my life I had no great apprehensions, not as much as I ought to have had under the circumstances; but it did not strike me that I was in any great danger on that score. The American character, in general, is not blood-thirsty, and that of New England less so, perhaps, than that of the rest of the country. Nevertheless, in a case of property the tenacity of the men of that quarter of the country was proverbial, and I came to the conclusion that I should be detained, if possible, until all the lumber could be got to market and disposed of, as the only means of reaping the fruit of past labor. The possibility depended on the escape or the arrest of Sureflint. Should that Indian be taken, Thousandacres and his family would be as secure as ever in their wilderness; but on the other hand, should he escape, I might expect to hear from my friends in the course of the day. By resorting to a requisition on 'Squire Newcome, who was a magistrate, my tenants might be expected to make an effort in my behalf, when the only grounds of apprehension would be the consequences of the struggle. The squatters were sometimes dangerous under excitement, and when sustaining each other, with arms in their hands, in what they fancy to be their hard-earned privileges. There is no end to the delusions of men on such subjects, self-interest seeming completely to blind their sense of right; and I have often met with cases in which parties who were trespassers, and in a moral view, robbers,ab origine, have got really to fancy that their subsequent labors (every new blow of the axe being an additional wrong) gave a sort of sanctity to possessions, in the defence of which they were willing to die. It is scarcely necessary to say that such persons look only at themselves, entirely disregarding the rights of others; but one wonders where the fruits of all the religious instruction of the country are to be found, when opinions so loose and acts so flagrant are constantly occurring among us. The fact is, land is so abundant, and such vast bodies lie neglected and seemingly forgotten by their owners, that the needy are apt to think indifference authorizes invasions on such unoccupied property; and their own labor once applied, they are quick to imagine that it gives them a moral and legal interest in the soil; though in the eye of the law, and of unbiased reason, each new step taken in what is called the improvement of a "betterment" is but a farther advance in the direction of wrong-doing.
I was reflecting on things of this sort, when, looking through the cracks of my prison, to ascertain the state of matters without, I was surprised by the appearance of a man on horseback, who was entering the clearing on its eastern side, seemingly quite at home in his course, though he was travelling without a foot-path to aid him. As this man had a pair of the common saddle-bags of the day on his horse, I at first took him for one of those practitioners of the healing art who are constantly met with in the new settlements, winding their way through stumps, logs, morasses and forests, the ministers of good or evil, I shall not pretend to say which. Ordinarily, families like that of Thousandacres do their own "doctoring"; but a case might occur that demanded the wisdom of the licensed leech; and I had just decided in my own mind that this must be one, when, as the stranger drew nearer, to my surprise I saw that it was no other than my late agent, Mr. Jason Newcome, and the moral and physical factotum of Ravensnest!
As the distance between the mill that 'Squire Newcome leased of me, and that which Thousandacres had set up on the property of Mooseridge, could not be less than five-and-twenty miles, the arrival of this visitor at an hour so early was a certain proof that he had left his own house long before the dawn. It was probably convenient to pass through the farms and dwellings of Ravensnest on the errand on which he was now bent, at an hour of the night or morning when darkness would conceal the movement. By timing his departure with the same judgment, it was obvious he could reach home under the concealment of the other end of the same mantle. In a word, this visit was evidently one, in the objects and incidents of which it was intended that the world at large should have no share.
The dialogues between the members of the family of Thousandacres ceased, the moment 'Squire Newcome came in view; though, as was apparent by the unmoved manner in which his approach was witnessed, the sudden appearance of this particular visitor produced neither surprise nor uneasiness. Although it must have been a thing to be desired by the squatters, to keep their "location" a secret, more especially since the peace left landlords at leisure to look after their lands, no one manifested any concern at discovering this arrival in their clearing of the nearest magistrate. Any one might see, by the manner of men, women, and children, that 'Squire Newcome was no stranger, and that his presence gave them no alarm. Even the early hour of his visit was most probably that to which they were accustomed, the quick-witted intellects of the young fry causing them to understand the reason quite as readily as was the case with their seniors. In a word, the guest was regarded as a friend rather than as an enemy.
Newcome was some little time, after he came into view, in reaching the hamlet, if the cluster of buildings can be so termed; and when he did alight, it was before the door of a stable, toward which one of the boys now scampered, to be in readiness to receive his horse. The beast disposed of, the 'squire advanced to the spot where Thousandacres and his elder sons still remained to receive him, or that near the mill. The manner in which all parties shook hands, and the cordiality of the salutations generally, in which Prudence and her daughters soon shared, betokened something more than amity, I fancied, for it looked very much like intimacy.
Jason Newcome remained in the family group some eight or ten minutes, and I could almost fancy the prescribed inquiries about the "folks" (anglice, folk), the "general state of health," and the character of the "times," ere the magistrate and the squatter separated themselves from the rest of the party, walking aside like men who had matters of moment to discuss, and that under circumstances which could dispense with the presence of any listeners.
"Peculiar both!Our soil's strong growthAnd our bold natives' hardy mind;Sure heaven bespokeOur hearts and oakTo give a master to mankind."—Young.
"Peculiar both!Our soil's strong growthAnd our bold natives' hardy mind;Sure heaven bespokeOur hearts and oakTo give a master to mankind."
—Young.
Thousandacres and the magistrate held their way directly toward the storehouse; and the log of the sentinel offering a comfortable seat, that functionary was dismissed, when the two worthies took his place, with their backs turned toward my prison. Whether this disposition of their persons was owing to a deep-laid plan of the squatter's, or not, I never knew; but, let the cause have been what it might, the effect was to render me an auditor of nearly all that passed in the dialogue which succeeded. It will greatly aid the reader in understanding the incidents about to be recorded, if I spread on the record the language that passed between my late agent and one who was obviously his confidant in certain matters, if not in all that touched my interests in that quarter of the world. As for listening, I have no hesitation in avowing it, inasmuch as the circumstances would have justified me in taking far greater liberties with the customary obligations of society in its every-day aspect, had I seen fit so to do. I was dealing with rogues, who had me in their power, and there was no obligation to be particularly scrupulous on the score of mere conventional propriety, at least.
"As I was tellin' ye, Thousandacres," Newcome continued the discourse by saying, and that with the familiarity of one who well knew his companion, "the young man is in this part of the country, and somewhere quite near you at this moment"—I was muchnearerthan the 'squire himself had any notion of at that instant—"yes, he's out in the woods of this very property, with Chainbearer and his gang; and, for 'tinow [for aught I know], measuring out farms within a mile or two of this very spot!"
"How many men be there?" asked the squatter with interest. "If no more than the usual set, 'twill be an onlucky day forthem, should they stumble on my clearin'!"
"Perhaps they will, perhaps they wunt; a body never knows. Surveyin' 's a sort o' work that leads a man here, or it leads him there. One never knows where a line will carry him, in the woods. That's the reason I've kept the crittur's out of my own timber-land; for, to speak to you, Thousandacres, as one neighborcanspeak to another without risk, there's desp'rate large pine-trees on the unleased hills both north and east of my lot. Sometimes it's handy to have lines about a mill, you know, sometimes 't isn't."
"A curse on all lines, in a free country, say I, 'squire," answered Thousandacres, who looked, as he bestowed this characteristic benediction, as if he might better be namedTenthousandacres; "they're an invention of the devil. I lived seven whull years in Varmount state, as it's now called, the old Hampshire Grants, you know, next-door neighbor to two families, one north and one south on me, and we chopped away the whull time, just as freely as we pleased, and not a cross word or an angry look passed atween us."
"I rather conclude, friend Aaron, you had all sat down under the same title?" put in the magistrate with a sly look at his companion. "Whenthatis the case, it would exceed all reason to quarrel."
"Why, I'll own that our titles were pretty much the same;—possession and free axes. Then it was ag'in York colony landholders that our time was running. What's your candid opinion about law, on this p'int, 'Squire Newcome?—I know you're a man of edication, college l'arnt some say; though, I s'pose, that's no better l'arnin' than any other, when a body has once got it—but what's your opinion about possession?—Will it hold good for twenty-one years, without writin's, or not? Some say it will, and some say it wunt."
"It wunt. The law is settled; there must be a shadow of title, or possession's good for nothin'; no better than the scrapin's of a flour-barrel."
"I've heer'n say the opposyte of that; and there's reason why possession should count ag'in everything. By possession, however, I don't mean hangin' up a pair of saddle-bags on a tree, as is sometimes done, but goin' honestly and fairly in upon land, and cuttin' down trees, and buildin' mills, and housen and barns, and cuttin' and slashin', and sawin' right and left, like all creation.That'swhat I always doos myself, and that's what I call sich a possession as ought to stand in law—ay, and in gospel, too; for I'm not one of them that flies in the face of religion."
"In that you're quite right; keep the gospel on your side whatever you do, neighbor Thousandacres. Our Puritan fathers didn't cross the ocean, and encounter the horrors of the wilderness, and step on the rock of Plymouth, and undergo more than man could possibly bear, and that all for nothin'!"
"Wa-a-l, to my notion, the 'horrors of the wilderness,' as you call 'em, is no great matter; though, as for crossin' the ocean, I can easily imagine that must be suthin' to try a man's patience and endurance. I never could take to the water. They tell me there isn't a single tree growin' the whull distance atween Ameriky and England! Floatin' saw-logs be sometimes met with, I've heer'n say, but not a standin' crittur' of a tree from Massachusetts Bay to London town!"
"It's all water, and of course trees be scarce, Thousandacres; but let's come a little clusser to the p'int. As I was tellin' you, the whelp is in, and he'll growl as loud as the old bear himself, should he hear of all them boards you've got in the creek—to say nothin' of the piles up here that you haven't begun to put into the water."
"Let him growl," returned the old squatter, glancing surlily toward my prison; "like a good many other crittur's that I've met with, 'twill turn out that his bark is worse than his bite."
"I don't know that, neighbor Thousandacres, I don't by any means know that. Major Littlepage is a gentleman of spirit and decision, as is to be seen by his having taken his agency from me, who have held it so long, and gi'n it to a young chap who has no other claim than bein' a tolerable surveyor; but who hasn't been in the settlement more than a twelvemonth."
"Gi'n it to a surveyer! Is he one of Chainbearer's measurin' devils?"
"Just so; 'tis the very young fellow Chainbearer has had with him this year or so, runnin' lines an' measurin' land on this very property."
"That old fellow, Chainbearer, had best look to himself! He's thwarted me now three times in the course of his life, and he's gettin' to be desp'rate old; I'm afeard he won't live long!"
I could now see that Squire Newcome felt uneasy. Although a colleague of the squatter's in what is only too apt to be considered a venal roguery in a new country, or in the stealing of timber, it did not at all comport with the scale of his rascality to menace a man's life. He would connive at stealing timber by purchasing the lumber at sufficiently low prices, so long as the danger of being detected was kept within reasonable limits, but he did not like to be connected with any transaction that did not, in the case of necessity, admit of a tolerably safe retreat from all pains and penalties. Men become very much what—not their laws—but what theadministrationof their laws makes them. In countries in which it is prompt, sure, and sufficiently severe, crimes are mainly the fruits of temptation and necessity; but a state of society may exist, in which justice falls into contempt, by her own impotency, and men are led to offend merely to brave her. Thus we have long labored under the great disadvantage of living under laws that, in a great degree, were framed for another set of circumstances. By the common law, it was only trespass to cut down a tree in England; fortreeswere seldom or never stolen, and the law did not wish to annex the penalties of felony to the simple offence of cutting a twig in a wood. With us, however, entire new classes of offences have sprung up under our own novel circumstances; and we probably owe a portion of the vast amount of timber-stealing that has now long existed among us, quite as much to the mistaken lenity of the laws, as to the fact that this particular description of property is so much exposed. Many a man would commit a trespass of the gravest sort, who would shrink from the commission of a felony of the lowest. Such was the case with Newcome. He had a certain sort of law-honesty about him, that enabled him in a degree to preserve appearances. It is true he connived at the unlawful cutting of timber by purchasing the sawed lumber, but he took good care, at the same time, not to have any such direct connection with the strictly illegal part of the transaction as to involve him in the penalties of the law. Had timber-stealing been felony, he would have often been an accessory before the act; but in a case of misdemeanor, the law knows no such offence. Purchasing the sawed lumber, too, if done with proper precaution, owing to the glorious subterfuges permitted by "the perfection of reason," was an affair of no personal hazard in a criminal point of view, and even admitted of so many expedients as to leave the question of property a very open one, after the boards were fully in his own possession. The object of his present visit to the clearing of Thousandacres, as the reader will most probably have anticipated, was to profit by my supposed proximity, and to frighten the squatter into a sale on such terms as should leave larger profits than common in the hands of the purchaser. Unfortunately for the success of this upright project, my proximity was so much greater than even Squire Newcome supposed, as to put it in danger by the very excess of the thing that was to produce the result desired. Little did the honest magistrate suppose that I was, the whole time, within twenty feet of him, and that I heard all that passed.
"Chainbearer is about seventy," returned Newcome, after musing a moment on the character of his companion's last remark. "Yes, about seventy, I should judge from what I've heerd, and what I know of the man. It's a good old age, but folks often live years and years beyond it. You must be suthin' like that yourself, Thousandacres?"
"Seventy-three, every day and hour on't, 'squire; and days and hours well drawn out, too. If you count by old style, I b'lieve I'm a month or so older. But I'm not Chainbearer. No man can say ofme, that I ever made myself troublesome to a neighborhood. No man can p'int to the time when I ever disturbed his lines. No man can tell of the day when I ever went into court to be a witness on such a small matter as the length or breadth of lots, to breed quarrels atween neighbors. No, 'Squire Newcome, I set store by my character, which will bear comparison with that of any other inhabitant of the woods I ever met with. And what I say of myself I can say of my sons and da'ghters, too—from Tobit down to Sampson, from Nab to Jeruthy. We're what I call a reasonable and reconcilable breed, minding our own business, and having a respect for that of other people. Now, here am I, in my seventy-fourth year, and the father of twelve living children, and I've made, in my time, many and many a pitch on't, butneverwas I known to pitch on land that another man had in possession;—and I carry my idees of possession farther than most folks, too, for I call it possession to have said openly, and afore witnesses, that a man intends to pitch on any partic'lar spot afore next ploughin' or droppin' time, as the case may be. No, I respect possession, which ought to be the only lawful title to property, in a free country. When a man wants a clearin' or wants tomakeone, my doctrine is, let him look about him, and make his pitch on calcerlation; and when he's tired of the spot, and wants a change, let him sell his betterments, if he lights of a chap, and if he doos'nt, let him leave 'em open, and clear off all incumbrances, for the next comer."
It is probable that Jason Newcome, Esq.,—magistrates in America are extremely tenacious of this title, though they have no more right to it than any one else—but Jason Newcome, Esq.,[16]did not carry his notions of the rights of squatters, and of the sacred character of possession, quite as far as did his friend Thousandacres. Newcome was an exceedingly selfish, but withal, an exceedingly shrewd man. I do not know that the term clever, in its broadest signification, would fitly apply to him, for in that sense, I conceive, it means quickness and intelligence enough to do what is right; but he was fully entitled to receive it, under that qualification by which we say a man is "a clever rogue." In a word, Mr. Newcome understood himself, and his relations to the community in which he lived, too well to fall into very serious mistakes by a direct dereliction from his duties, though he lived in a never-ceasing condition of small divergencies that might at any time lead him into serious difficulties. Nevertheless, it was easy enough to see he had no relish for Thousandacres' allusions to the termination of the days of my excellent old friend, Chainbearer; nor can I say that they gave me any particular concern, for, while I knew how desperate the squatters sometimes became, I had a notion that this old fellow's bark would prove worse than his bite, as he had just observed of myself.
It would hardly repay the trouble, were I to attempt recording all that passed next between our two colloquists; although it was a sufficiently amusing exhibition of wily management to frighten the squatter to part with his lumber at a low price, on one side, and of sullen security on the other. The security proceeded from the fact that Thousandacres had me, at that very moment, a prisoner in his storehouse.
A bargain conducted on such terms was not likely soon to come to a happy termination. After a great deal of chaffering and discussing, the conference broke up, nothing having been decided, by the magistrate's saying—
"Well, Thousandacres, I hope you'll have no reason to repent; but I kind o' fear you will."
"The loss will be mine and the b'ys' if I do," was the squatter's answer. "I know I can get all the boards into the creek; and, for that matter, into the river, afore young Littlepage can do me any harm; though there is one circumstance that may yet turn my mind——"
Here the squatter came to a pause; and Newcome, who had risen, turned short round, eagerly, to press the doubt that he saw was working in the other's mind.
"I thought you would think better of it," he said; "for, it's out of doubt, should Major Littlepage l'arn your pitch, that he'd uproot you, as the winds uproot the fallin' tree."
"No, 'squire, my mind's made up," Thousandacres coolly rejoined. "I'll sell, and gladly; but not on the tarms you have named. Two pounds eight the thousand foot, board measure, and taking it all round, clear stuff and refuse, without any store-pay, will carry off the lumber."
"Too much, Thousandacres; altogether too much, when you consider the risks I run. I'm not sartain that I could hold the lumber, even after I got it into the river; for a replevy is a formidable thing in law, I can tell you. One pound sixteen, one-third store-pay, is the utmost farthin' I can offer."
In that day all our calculations were in pounds, shillings and pence.
"Then the bargain's off.—I s'pose, squire, you've the old avarsion to being seen in my settlement?"
"Sartain—sartain," answered Newcome, in haste. "There's no danger of that, I hope. You cannot well have strangers among you?"
"I wunt answer for that. I see some of the b'ys coming out of the woods, yonder; and it seems to me thereisa fourth man with them. There is, of a certainty; and it is no other than Susquesus, the Onondago. The fellow is cluss-mouthed, like most redskins; but you can say best whether you'd like to be seen by him, or not. I hear he's a great fri'nd of Chainbearer's."
It was very evident that the magistrate decided, at once, in the negative. With a good deal of decent haste he dodged round a pile of logs, and I saw no more of him until I caught a distant view of his person in the skirts of the woods, at the point whence he had issued into the clearing, two hours before, and where he now received his horse from the hands of the youngest of Thousandacre's sons, who led the animal to the spot for his especial accommodation. Mr. Newcome was no sooner in possession of his beast again, than he mounted and rode away into the depths of the forest. So adroitly was this retreat conducted, that no person of ordinary observation could possibly have detected it, unless indeed his attention had been previously drawn to the movement.
What passed, at parting, between Thousandacres and his visitor, I never knew; but they must have been altogether alone for a few minutes. When the former reappeared, he came out from behind the logs, his whole attention seemingly fastened on the approaching party, composed of his sons and Susquesus. Those resolute and practised men had, indeed, overtaken and captured the Onondago, and were now bringing him a prisoner, unarmed, in their midst, to receive the commands of their father! Notwithstanding all that I knew of this man, and of his character, there was something imposing in the manner in which he now waited for the arrival of his sons and their prisoner. Accustomed to exercise an almost absolute sway in his own family, the old man had acquired some of the dignity of authority; and as for his posterity, old and young, male and female, not excepting Prudence, they had gained very little in the way of freedom, by throwing aside the trammels of regular and recognized law, to live under the rule of their patriarch. In this respect they might be likened to the masses, who, in a blind pursuit of liberty, impatiently cast away the legal and healthful restraints of society, to submit to the arbitrary, selfish, and ever unjust dictation of demagogues. Whatever difference there might be between the two governments, was in favor of that of the squatter, who possessed the feelings of nature in behalf of his own flesh and blood, and was consequently often indulgent.
It is so difficult to read an Indian's mind in his manner, that I did not expect to ascertain the state of the Onondago's feelings by the countenance he wore, on drawing near. In exterior, this man was as calm and unmoved as if just arrived on a friendly visit. His captors had bound him, fearful he might elude them, in some of the thickets they had been compelled to pass; but the thongs seemed to give him neither mental nor bodily concern. Old Thousandacres was stern in aspect; but he had too much experience in Indian character—knew too well the unforgiving nature of the Indians' dispositions, or the enduring memories that forgot neither favors nor injuries, to wantonly increase the feeling that must naturally have been awakened between him and his prisoner.
"Trackless," he said, considerately, "you're an old warrior, and must know that in troubled times every man must look out for himself. I'm glad the b'ys warn't driven to do you any harm; but it would never have done to let you carry the tidings of what has happened here, this morning, to Chainbearer and his gang. How long I may have to keep you, is more than I know myself; but your treatment shall be good, and your wilcome warm, so long as you give no trouble. I know what a redskin's word is; and maybe, a'ter thinkin' on it a little, I may let you out to wander about the clearin', provided you'd give your parole not to go off. I'll think on't, and let you know to-morrow; but to-day I must put you in the store'us' along with the young chap that you travelled here with."
Thousandacres then demanded of his sons an account of the manner in which they had taken their captive; which it is unnecessary to relate here, as I shall have occasion to give it directly in the language of the Indian himself. As soon as satisfied on this head, the door of my prison was opened, and the Onondago entered it unbound, without manifesting the smallest shade of regret, or any resistance. Everything was done in a very lock-up sort of manner; the new prisoner being no sooner "permitted," than the door was secured, and I was left alone with Sureflint; one of the younger girls now remaining near the building as a sentinel. I waited a moment, to make certain we were alone, when I opened the communications with my friend.
"I am very sorry for this, Sureflint," I commenced, "for I had hopes your knowledge of the woods, and practice on trails, would have enabled you to throw off your pursuers, that you might have carried the news of my imprisonment to our friends. This is a sore disappointment to me; having made sure you would let Chainbearer know where I am."
"W'y t'ink different, now, eh? S'pose, 'cause Injin prisoner, can't help himself?"
"You surely do not mean that you are here with your own consent?"
"Sartain. S'pose no want to come; am no come. You t'ink Thousandacres' b'ys catch Susquesus in woods, and he don't want to? Be sure, winter come, and summer come. Be sure, gray hair come a little. Be sure Trackless get ole, by-'m-bye; but he moccason leave no trail yet!"
"As I cannot understand why you should first escape, and then wish to come back, I must beg you to explain yourself. Let me know all that has passed, Sureflint—how it has passed, andwhyit has passed. Tell it in your own way, but tell it fully."
"Sartain—why no tell? No harm; all good—somet'ing capital! Nebber hab better luck."
"You excite my curiosity, Sureflint; tell the whole story at once, beginning at the time when you slipped off, and carrying it down to the moment of your arrival here."
Hereupon, Susquesus turned on me a significant look, drew his pipe from his belt, filled and lighted it, and began to smoke with a composure that was not easily disturbed. As soon as assured that his pipe was in a proper state, however, the Indian quietly began his story.
"Now listen, you hear," he said. "Run away, 'cause no good to stay here, and be prisoner—datwhy."
"But youarea prisoner, as it is, as well as myself, and, by your statement, a prisoner with your own consent."
"Sartain—nebber hab been prisoner, won't be prisoner, if don't want to. S'pose shot, den can't help him; but in woods, Injin nebber prisoner, 'less lazy or drunk. Rum make great many prisoner."
"I can believe all this—but tell me the story. Why did you go off at first?"
"S'pose don't want Chainbearer know where he be, eh? T'ink T'ousandacre ebber let you go while board in stream? When board go, he go; not afore. Stay all summer; want to live in store'us' all summer, eh?"
"Certainly not—well, you left me, in order to let our friends know where I was, that they might cast about for the means of getting me free. All this I understand; what next?"
"Next, go off in wood. Easy 'nough to slip off when T'ousandacre no look. Well, went about two mile; leave no trail—bird make as much in air. What s'pose meet, eh?"
"I wait for you to tell me."
"Meet Jaap—yes—meet nigger. Look for young master—ebberybody in trouble, and won'er where young chief be. Some look here—some look out yonder—all look somewhere—Jaap look just dere."
"And you told Jaap the whole story, and sent him back to the huts with it!"
"Sartain—just so. Make good guess dat time. Den t'ink what do, next. Want to come back and help young pale-face frien'; so t'ought get take prisoner one time. Like to know how he feel to be prisoner one time. No feel so bad as s'pose. Squatter no hard master for prisoner."
"But how did all this happen, and in what manner have you misled the young men?"
"No hard to do at all. All he want is know how. A'ter Jaap get his ar'n'd, and go off, made trail plain 'nough for squaw to find. Travel to a spring—sit down and put rifle away off, so no need shoot, and let him squatter's boys catch me, by what you call s'prise; yes, 'e pale-faces s'prise red man dat time! Warrant he brag on't well!"
Here, then, was the simple explanation of it all! Susquesus had stolen away, in order to apprise my friends of my situation; he had fallen in with Jaap, or Jaaf, in search of his lost master; and, communicating all the circumstances to the negro, had artfully allowed himself to be recaptured, carefully avoiding a struggle, and had been brought back and placed by my side. No explanations were necessary to point out the advantages. By communicating with the negro, who had been familiar for years with the clipped manner of the Indian's mode of speaking English, everything would be made known to Chainbearer; by suffering himself to be taken, the squatters were led by Sureflint to suppose our capture and their "pitch" remained secrets; while, by rejoining me, I should have the presence, counsel and assistance of a most tried friend of my father's and Chainbearer's in the event of necessity.
This brief summary of his reasoning shows the admirable sagacity of the Onondago, who had kept in view every requisite of his situation, and failed in nothing.
I was delighted with the address of Sureflint, as well as touched by his fidelity. In the course of our conversation, he gave me to understand that my disappearance and absence for an entire night had produced great consternation in the huts, and that everybody was out in quest of me and himself, at the time when he so opportunely fell in with Jaap.
"Gal out, too"—added the Onondago, significantly. "S'pose good reason for dat."
This startled me a little, for I had a vague suspicion that Susquesus must have been an unseen observer of my interview with Ursula Malbone; and noticing my manner on rushing from her cabin, had been induced to follow me, as has been related. The reader is not to suppose that my late adventures had driven Dus from my mind. So far from this, I thought of her incessantly; and the knowledge that she took so much interest in me as to roam the woods in the search, had no tendency to lessen the steadiness or intensity of my reflections. Nevertheless, common humanity might induce one of her energy and activity to do as much as this; and had I not her own declaration that she was plighted to another!
After getting his whole story, I consulted the Indian on the subject of our future proceedings. He was of opinion that we had better wait the movements of our friends, from whom we must hear in some mode or other, in the course of the approaching night, or of the succeeding day. What course Chainbearer might see fit to pursue, neither of us could conjecture, though both felt assured he never would remain quiet with two as fast friends as ourselves in durance. My great concern was that he might resort at once to force, for old Andries had a fiery spirit, though one that was eminently just; and he had been accustomed to see gunpowder burned from his youth upward. Should he, on the other hand, resort to legal means, and apply to Mr. Newcome for warrants to arrest my captors, as men guilty of illegal personal violence, a course it struck me Frank Malbone would be very apt to advise, what might I not expect from the collusion of the magistrate, in the way of frauds, delays and private machinations? In such a case, there would be time to send me to some other place of concealment, and the forest must have a hundred such that were accessible to my new masters, while their friend Newcome would scarcely fail to let them have timely notice of the necessity of some such step. Men acting in conformity with the rules of right, fulfilling the requirements of the law, and practising virtue, might be so remiss as not to send information of such an impending danger, for such persons are only too apt to rely on the integrity of their own characters, and to put their trust on the laws of Providence; but rogues, certain that they can have no such succor, depend mainly on themselves, recognizing the well-known principle of Frederick the Great, who thought it a safe rule to suppose that "Providence was usually on the side of strong battalions." I felt certain, therefore, that Squire Newcome would let his friends at the "clearing" know all that was plotting against them, as soon as he knew it himself.
The squatters were not unkind to us prisoners in the way of general treatment. Certainly I had every right to complain of the particular wrong they did me; but, otherwise, they were sufficiently considerate and liberal throughout that day. Our fare was their own. We had water brought in fresh by Lowiny no fewer than five several times; and so attentive to my supposed wants was this girl, that she actually brought me every book that was to be found in all the libraries of the family. These were but three—a fragment of a Bible, Pilgrim's Progress, and an almanac that was four years old.