Chapter 4

THE "UNIFORMED MILITIA" SERVICE.

Ispentseven years of my boyhood at school among the hills of old Connecticut, about fifteen miles back of Bridgeport, in a region even now in almost its primitive simplicity and pastoral beauty. It has been left quiet and untouched between the iron ways of Housatonic and Danbury, equidistant from both, and sufficiently far away from either to be free from the impulse and incentive of that practical missionary of modern progress, the railroad.

City born, but partly country bred, I understand well the sentiment of the New Englander for his old home, and often live over again the days in those familiar hills and valleys of Fairfield. I would revel in enjoyment if it were possible for me to revisit them. It was there my eyes were open to the delights of a "town muster," and my steps taught rhythm by fife and drum.

In occasional musings I hear the old music as it used to reach me in waves of sound, now faint, then loud, as the variable wind would waft it, or as it escaped from obstructing hills. And I see the tall white and red plume of the commandant, undulating with his stride, and dipping salutes to the wind. Reader, if you have never realized the excitement of a "general training day" in the country, you have missed the freshest and most genuine pleasure of youth.

In the fall of 1842 occurred the Croton water celebration, a real city holiday. The procession was long, interesting, and gorgeous, for all of it except the military portion was profusely decorated with autumn flowers, odorless but beautiful, rich in color and variety. It might properly have been called the feast of dahlias.

The old fire department was out in all its glory, and richly arrayed. It always took part in metropolitan rejoicings, heartily and generously. But my interest was centred in the soldiers; fired then by a longing to shoulder a musket. I waited impatiently for the freedom of manhood and a fitting opportunity. When both came I enlisted in a city regiment, and continued the connection till after the close of the late civil war.

Twenty years of service with musket and sabre failed to dull my enthusiasm. I left it, warned by the heaviness of approaching age and the demands of business, convinced of the propriety, the usefulness, and the value of a well regulated militia force.

Aware of how much has been said and written against such service, and of the misapprehension of those who had never studied its organization, its possibilities, and necessity, I propose to draw upon the practical experience of the past twenty-five years for the purpose of correcting wrong views without and suggesting new measures within. The service has been charged with costliness, uselessness, and pretentious display; with vain ambition, absence of organic purpose, and with being inimical to the morality of the individual member. All the charges have some foundation for their utterance, though the evils referred to are not the legitimate results of the organization, but rather the baleful fruit of irresponsible and ignorant commissions. The service is really worthy of conscientious labor and the support of the people.

In the present relations of government and society, a disciplined militia force is an essential part of the body politic, and an organism with vitality if properly administered. The central idea of the organization is a military body, directly from the people, for the conservation of governmental integrity and a protection to the State. Its collateral uses are an initial school for soldierly training, and in cities especially a supplementary and occasional aid to the police forces. In a general way the central idea is accepted, but in particulars is not carried out in equity between governments and the people. The theory is that the people are the State, and therefore must provide their own protection, but under proper authority. The authority exacts the service, at a great cost to the State, but denies reasonable compensation and encouragement to the individual member; therefore the people are not in sympathy with the organization. The service is brought in conflict with the people, in fact with itself, and the anomaly is presented of an organism in internal opposition. It is the duty of legislation and constituted authority to harmonize such an unnatural condition and change indifference into interest, ignorant neglect into intelligent support. Only in times of strife, like our late civil conflict, or the wars of 1812 and 1776, does the service rise to the dignity of an establishment and a recognized power. In times of peace it is permitted to exist, mainly in skeleton condition, without organic discipline, because the people have a false idea of its use and value. State military departments are not administered with intelligence, and military codes are subject to yearly legislative amendments without understanding; conditions of enlistment are altered, generally to the injury of the enlisted soldier, while recruiting for the uniformed corps languishes from lack of encouragement.

It is interesting to follow some of the changes of the New York State code and their inconsistent applications. For instance, when the law allowing relief from jury duty and the partial remission of assessment, to continue during life, was amended to cover terms of enlistment only, the Adjutant General of the State decided the amendments applied to prior enlistments, thereby breaking a contract between the State and enlisted men under the old law. But when the term of service was reduced from seven to five years, enlistments under the former law were held for the longer term. It is in such a spirit that all amendments are interpreted in favor of the State and against the individual. Fortunately the former provision has been reconsidered, and in a spirit of compromise relief from jury duty is reinstated in the code for life, but the abatement of assessments covers only terms of service. The State considers exemption from jury duty for life a relief, the nominal abatement of assessments during the service a benefit, and both together ample compensation to the militiamen. They would be in part, if immediately available, but the compensation is questionable, as the duty is generally performed too early in life for those legislative provisions to be of practical application. The abatement of an assessment is of little benefit to those who, probably, are without property till after their terms of service are completed, and the measure fails by limitation. Fortunately the relief from jury duty is a life provision, for it generally comes later in life, and after the militia service is performed. One does not, however, repay the cost of uniforms and other necessary expenses, nor the other compensate for the time which the service requires.

The New York State code says: "All able-bodied male citizens, between the ages of eighteen and forty-five, are subject to military duty," but also says that minors must obtain the written consent of parents or guardians to legalize an enlistment in a uniformed corps. Why such an incongruous distinction between uniformed corps and ununiformed militia? What right has the code to exact military service from a person who is condemned by the law as incompetent for citizenship, and is legally recognized by the law only as a child? And why exact military service from those who are in the decline of life? There are many who are physically able to do the duty under the age of twenty-one and over the age of forty, but they should be regarded as exceptional. Such service should be voluntary by the individual and optional with the State.

Spiritual, natural, and physical laws have stamped twenty-one the minimum age of manhood, and forty the culmination. Why should military law assume the power to control more?

The young absorb the elements of the future, the old dispose of them; within these life lines is practical manhood.

Patriotism enthusiastic becomes patriotism triumphant; during its passage the sentiment hardens into use.

Fault has been found by tax-payers with State and city governments for maintaining militia forces at such an expense. The censure is justified by the yearly exhibit of military expenditures, which is due in part to the unnecessary maintenance of skeleton regiments and battalions.

The prejudices of the people against soldiers in time of peace will never be overcome till they are educated to the necessity of a military establishment by intelligent administration of its affairs, proper information, greater proficiency, and a more decided application of its use. Satisfy the people of the necessity of the service, enlist their pride in its support by its efficiency, and its maintenance may be secured without opposition. People never grumble when they can see their money's worth.

If States have treated their militia forces as an inferior part of themselves, if military authorities have acted arbitrarily and ungenerously, militiamen themselves are not blameless. They have frittered away their opportunities, and belittled their profession, by vain-glory and personal ambition, and invited censure by inefficient service. Fortunately there are men and officers, companies and regiments, who, recognizing their mission, have conscientiously performed their duty and redeemed the service from greater obloquy. Their work has acted like leaven to the whole body. All honor to them for their intelligence, honest pride, and patriotic labor.

The "uniformed militia" system has a foundation of inherent strength capable of being built upon and extended to a perfectness not at present thought capable of. With its present incompleteness, its degree of usefulness is positive, and even under all the adverse circumstances referred to the condition of ably administered battalions bears upon the side of success and prosperity. Singular as it may seem, part of its weakness is from its own elements of apparent strength.

Recruits enlist with a very inadequate idea of its requirements. Many go through their term of service, sometimes pleased, oftener bored, but always with a sense of personal importance, and take their discharge with feelings of relief.

Some members are guilty of license when in uniform that they would not indulge in as citizens. Officers without capacity accept commissions and occasionally intrigue for command, from ambition and vanity, without a sense of their responsibility or a proper knowledge of their duties. There are also elements of disorder within the lines of duty which are hard to bear and difficult to control, because they arise from personal animosities. The judgment of an officer is warped to his hurt by his selfishness, wounded pride, and ambition, who will hold a commission to the injury of his company or battalion, even with the support of part of his command.

Is it to be wondered at that an organization with such elements of disorder in it should be regarded with disfavor by those ignorant of its trials, its duties, and its aims? And is it not an argument in its favor that its discipline is able to control and surmount such demoralizing tendencies?

It is not pleasant to deprecate a continuation of long services, but under certain circumstances it may result in injury to a corps. Officers of merit and distinction, with the personal veneration of their men, have been known to outlive their usefulness by retention of command after the freshness, activity, and judgment of their earlier manhood have departed. The idiosyncrasies of age and confirmed habits of authority do not readily accept advanced ideas, improvements in methods, and the inevitable changes of time.

Recruiting for uniformed corps has been and is a process without a system—a method without a principle; it is simply a necessity. As conducted at present it is derogatory to the dignity of the service, and in its practice humiliating and unpleasant to its members. The code really offers no inducement to militiamen.

Its failure to provide proper encouragement for recruiting is a defect which should have the serious consideration of military authorities and legislators at the earliest opportunity. It is a matter of vital importance to the service, and forces itself upon the attention of all commandants to their great concern.

It seems as though battalions are expected to perpetuate themselves, and they have to be, by force of circumstances, recruiting organizations for the State.

Personal application and argument have to take the place of official encouragement, and a service whose necessity, propriety, and benefits should be patent to all is left in a measure to factitious circumstances for a support. It is not, however, the sole purpose of this paper to cavil at authority, to criticise military codes, or condemn existing methods, but rather to show how the uniformed militia forces can be better rewarded by proper recognition and acknowledgment, and made more honorable by a higher standard of service. The indifference of the world and the early hostility of the church to amusements were fatal blunders which both have ascertained, and are now atoning for generously, but too thoughtlessly. Opposition has become permission without proper direction, and indiscriminate pleasure anticipates regulated and orderly recreation. This is a question of as great importance to the State as to society, of as vital interest to the church, as of welfare to the individual. Every care should be taken to recognize as orderly only those pleasures which have their foundation in use.

In every community, between the extremes of the artisan, who is almost precluded from the continuous and regular duties of a militiaman, by his occupation and necessities, and the student, who is generally unfitted for them by his intellectual preoccupation, is a numerous class, for whom the service is eminently adapted. Their inclination for occasional relief from business and clerical labors is a proper desire, and should not be permitted to degenerate into undisciplined sport for want of a legitimate pastime.

The militia service, on a peace footing, is really a recreation, with an object and an organization of the most singular merit. Its system of physical training is superior to the abnormal development of the gymnasium, the fitful excitement of the ball-field, the constrained pull and single purpose of the oar, and the violent termination of a "shell" race. Its normal object, military training, is exacting, methodical, and thorough, and moral force of character, self-reliance, discipline of the mind, and knowledge of human nature are collateral results of company and battalion associations. There is an element of possible strength to the militia forces of the several States, which may have been thought of, but never utilized. I refer to the youth in every community who are old enough to be free from the constant necessity of elementary study and relieved from the absorbing application of higher educational branches, who are yet at school, but with sufficient leisure to do well or ill—that age between the watchful eye of maternal care and later parental authority: inchoate manhood, rough, awkward, and susceptible; wild with their first taste of liberty; full of anticipation and courageous in the future. The struggle between them and society for a place is long and doubtful. The State should adopt and help them by recognizing a cadet system to be attached to the uniformed corps, whose officers could inaugurate no wiser, more charitable, or more popular measure than to accept their services. The measure of good to the boy and the measure of benefit to the service would be reciprocal and incalculable. The cadet would take to the "school of the soldier" with enthusiasm. It would give him something proper to do, something right to think of; it would perfect his growing physique with grace, and engraft on his system the elements of manhood.

To all graduating classes in school, a membership in a cadet corps would be an incentive, and school commissioners could make such membership a reward of merit.

It would relieve the service from the present unpleasant feature of recruiting by keeping behind it a subordinate corps of well-drilled young soldiers from which its ranks could be kept full. It would relieve officers from the drudgery of squad-drills, and give the service the full time of their men instead of wasting six, perhaps more, months in the present recruit classes. It would also perfect the enlisted men and subordinate officers for their prospective duties by detailing them for detached service in cadet corps, in grades next higher than their own. Such detached service would be an honor and a prime incentive for all subordinate officers.

The uniformed militia system has been the growth of years upon the single theory of a military power direct from the people. Whatever merit has been developed in its practice is intrinsic, and has been brought to the surface by force of circumstances rather than by encouragement or appreciation. Upon the minimum basis of inherent value can be constructed a maximum power of State economy, by honoring the service with an establishment of intelligence and efficiency. Make the uniformed corps to the State and to the militia forces, in a comparative, what the West Point Academy is to the United States and to the regular army in a superlative degree.

I have treated militia service thus far as a recreation, because the members of uniformed corps have made it so. I will now refer to it as a duty, and endeavor to show how the service can be adjusted to the greater benefit of the State and be made of greater use to the people.

Declare all male citizens between the ages of twenty-one and forty subject to military duty as ununiformed militia, to be enrolled and brigaded, but kept immobile except for emergencies, to be officered when necessary from the subordinate officers of the uniformed corps.

The object of enrollment is twofold: to ascertain the available force of the State, and for the purpose of special taxation, to reimburse the State for military expenditures.

Eliminate all extrinsic material from the present force; disband skeleton battalions; make supernumerary their officers; reduce the force to the efficient corps now existing, or which may have to be organized, in place of ineffective ones, for the purpose of creating normal schools for military instruction. Never call out an ununiformed battalion in time of peace, or put a uniformed corps in the field in time of war; consider them component and interchangeable parts of one system. In active service let the former be the lungs and the latter the heart of a vital organism.

In no instance should a normal battalion be disbanded for the purpose of officering ununiformed corps, but should be kept intact with its field officers and company commandants—a kind of Gatling educational battery for the propulsion of brains. It would be just as sensible to put the West Point cadets in the field as a fighting corps as to put some of our best regiments. Their heads are worth more to the country than their bodies.

I have suggested special taxation of the enrolled militia to reimburse the State for its military expenditures. It can probably be collected more expeditiously and with less expense through a special department of the Commissioner of Jurors than through any other channel. It is now necessary for the Commissioner to keep lists of jurors and register all exempts, and the plan would certainly aid him in those duties of his department by giving him a fuller and more correct canvass of citizens.

The encouragement needed to induce men and officers to spend their leisure hours for ten years in these normal battalions is to void the present remission of assessment, as an inequitable provision—reimburse them for clothing, relieve them from jury duty for life, and exempt them from any possible future draft. With their discharges give the men sergeants' warrants, non-commissioned officers lieutenants' commissions, and advance officers' commissions one grade, waiting papers for possible future services. Furnish comfortable and substantial drill-rooms and armories, and reimburse battalions for proper musical expenditures.

The State should hold itself responsible to the general Government for its officers who may be touched by a draft and furnish the necessary substitutes as compensation in part for their former and prospective services.

Experience furnishes proof that well made, good-fitting clothing, stylish, but not extravagant, is much better and cheaper than the low-priced, ugly State uniforms, ground out by contract, allotted by sizes, and fitting by chance. There is no economy in the joint ownership of a uniform; the nominal owner is niggardly in purchase and the wearer careless in use. Let the uniform be chosen by corps, made in accordance with regimental bills of dress, by individual measure, and let the State reimburse the corps by a liberal commutation. To reimburse battalions for their music may seem a costly item—it certainly is a great expense to the present uniformed corps—but as the project is based upon the idea of a self-supporting establishment, there is no injury to the State; a nominal tax paid by the enrolled ununiformed militia should be sufficient to pay the entire expenditures of the State military department.

To honor discharged men and officers with a kind of brevet commission would be an incentive for ability and efficiency, and would be of sufficient value to invite the best class of young men to the ranks. Whatever may be questionable in the action of Congress for reducing the force of the regular army, there can be none in the policy of the State for reducing its force to the lowest possible point. Every man should be released from the ranks that can be, both in justice to himself and for general industrial effect. The cost of company drills, regimental brigade and division parades in time and money is immense, and out of all proportion to the doubtful value of such services, constituted as the force is. But a compact, thoroughly disciplined, and perfectly drilled force, of the highest obtainable military character, is necessary and should be well maintained for contingent purposes.

I have thrown out these views as applicable to the city and State of New York; but the ideas can be applied to the military department of every State, with such modifications as may be found necessary.

It would be expensive, impolitic, and unnecessary for the general Government to keep a regular army, through years of peace, of sufficient numerical force to meet successfully internal outbreaks or external pressure. The militia force should be trained to be the supporting power of the army for such contingencies. The doubts and fears and awful suspense of the people during the early days of the late rebellion would have been greatly lessened, perhaps quite avoided, had the regular and militia forces been in effective readiness for the struggle, and met the necessity of the hour. The uniformed corps could have been ordered to the front for temporary defence, as some were, and time given for mobilizing the ununiformed troops.

As it was all was confusion, distrust, and almost despair; only for the instinctive loyalty and inherent courage of the people, all would have been lost. The men of the first levy, the rank and file, were magnificent in material, confident in ability, honest in purpose, crude in development, difficult to discipline—it was hard for them to come under military law. Many of their officers were adventurers without experience or qualifications for command. They obtained commissions through personal influence rather than by merit. Militia officers, with all their imperfections, would have been of much greater service.

Is the affair of Bull Run to be wondered at, with such material, and in the light of later education? It was the incisive action of the war; it punctured the conceit of both armies.

C. H. Meday.

THE YOSEMITE HERMIT.

Theshadows were lying tolerably long on the green hillsides when the lumbering yellow stage, somewhat the worse for wear, drawn by four lean, dusty horses, also somewhat the worse for wear, drew up with a grand flourish in front of the Grand Hotel, Mariposa.

It was a long, low building, with a broad piazza in front and along one side; the façade was painted a dingy yellow to match the stage apparently, but the rest of the edifice had been neglected, and the superabundant rain and superabundant sunshine of Mariposa had left marks of their handiwork on the bare boards.

The loungers rushed out of the bar-room as soon as the wheels were heard, and stood grouped about the broad piazza exchanging jokes with the driver, who was known as Scotty, and asking the news from Hornitos and other way places.

Meanwhile the "Doctor," a stout, ruddy-complexioned man, whose appearance spoke well for his profession, descended from his seat on the box, and, opening the stage door with an air of pride and satisfaction, he assisted the one lady passenger to alight with a grace which would have done credit to Chesterfield. The loungers on the piazza started and drew back. All ceased their gibes with Scotty, and two or three removed their hats. She was not only a woman, but a very pretty woman—she was even beautiful.

She thanked the Doctor with a pretty grace, and turned her clear, hazel eyes upon the admiring group, scanning each face eagerly and wistfully. The Doctor said, "Allow me," and was about to escort her into the small den at one side known as the "Ladies' parlor," but she swept past him and walked straight into the bar-room, the Doctor, the loafers, and Scotty crowding in after her and regarding her movements with an undisguised admiration, and as much reverential curiosity as though she had been a visitant from another sphere.

The proprietor of the "Grand" was a podgy man, with an aggressively bald head and scaley eyes like an alligator's—though for that matter I may be libelling the alligator. His name was Sharpe, commonly corrupted into "Cutey" by some mysterious process.

He was pouring whiskey from a bottle into a glass, preparatory to serving himself, when the new comer walked—she walked like an angel—straight up to him and said, "Is this the landlord?"

Cutey was so astonished by the apparition that he dropped the glass—he called it a glass; it was in reality a stone-china cup about half an inch thick—and wasted the whiskey; it was only by the greatest presence of mind that he succeeded in saving the bottle.

"Ma-a-a'm?" he stammered, clutching at his bald head to see if there was a hat there.

The woman repeated her question; the crowd by the doorway, headed by the Doctor, strained their ears to listen. She had a low voice, tolerably sweet. Such music had never before been heard within those low walls, perhaps. They wished she would say more. Old "Punks" muttered that she 'minded him of his Lyddy—"jest sech a voice!" which remark brought down upon him much contumely afterward, and a threat from the Doctor to "put daylight through him." After a helpless look around him, Cutey admitted that hewasthe landlord, with the air of a cornered scoundrel confessing a crime.

"Then perhaps you can tell me what I wish to know," said the woman, fixing her clear, sweet eyes upon him. "I want to find a man named Wilmer—James Courtney Wilmer."

Cutey shook his head sorrowfully.

"Thar be so many names," said he: "skurce any man goes by his own name. Be he livin' in Mariposa, ma'am?"

"I do not know," was the reply, with a suggestion of tears in the voice, at which every heart in the crowd by the door was touched and unhappy.

Punks nudged Scotty with his elbow.

"What's that fellow's name that wus partners with Circus Jack in the Banderita?" he whispered.

Scotty rapped his forehead with his horny hand, and ran his fingers into his bushy, tow-colored hair, with a clutch of desperation.

"Punks," he whispered, "I allers counted you a fool, but you ain't; you air a shinin' light! His namewusJim Wilmer."

Then, coloring up to the roots of his hair, he advanced and said:

"If you please, ma'am."

The woman turned at this, meeting a whole battery of eyes without any seeming consciousness of it.

"There wus a feller named Jim Wilmer here—wus partners in the Banderita, with a feller named Circ—leastways, I don't know his name, but we called him Circus Jack, ma'am."

The woman's face—her beautiful face—turned as white as the collar at her throat; she leaned against the bar and tried to speak, but the words died on her lips.

Finally, with an effort, she half whispered:

"Do you know where he is now?"

Then, as the men looked at each other, she cried in a clearer tone, "Is hedead?"

"No, no, ma'am. He wus here, 'taint a month," said Scotty. "I think he's off huntin' in the hills. I'll find Circus Jack, and bring him up here. He'll be likely to know—him and Jim wus real good friends."

"Thank you," said the stranger softly, in a voice which smote Scotty's heart exceedingly.

The Doctor, meanwhile, had gone for Mrs. Sharpe, who presently entered, and invited the stranger to "hev a little tea."

She was a small fair woman, with a washed-out look, and a mouth not innocent ofdipping, but she looked and spoke kindly, and the stranger was glad enough to answer, "Yes," and follow her into the dining-room. The crowd fell back as she approached, but only enough to give her room to pass. Some stealthily touched her dress as she swept by them, and when she had disappeared, and the door had closed, forty tongues were loosed at once, and a scene of excitement ensued only equalled by the one which followed on the shooting of "the Judge" by "Little Jack," over a game of poker, in that very bar-room of the Grand Hotel.

"Mought I ax your name, ma'am?" inquired Mrs. Sharpe.

"Marian Kingsley," was the faint reply.

"Miss or Mrs., ma'am?" pursued Mrs. Sharpe, glancing at the shapely, white, ringless hands.

The stranger gave a slight impatient twitch. "It doesn't matter," she said. "Call me Marian. That will do as well as anything."

Mrs. Sharpe was a washed-out woman. Many of the natural and laudable instincts remained, perhaps being fast colors; but a horror of the class to which she now supposed Marian to belong was one which had faded out of her nature. She gave a slightly supercilious look, which fell upon the woman like moonlight on ice, and pursued her inquiries.

"Came from 'Frisco?"

"I came through there. I didn't see anything of the place."

"Whardidyer come from?"

"Philadelphia." The tone was changed. She evidently felt the impalpable rudeness of the faded woman, and knew how to resent it in the same way. More conversation ensued, in the course of which Mrs. Sharpe discovered that Marian had a little money—enough to pay her board for a few months—and that she had come there to find "James Courtney Wilmer."

Mrs. Sharpe had information to give as well as to take, for she knew something of Jim.

"Wecalled himJim," she said, a little scornfully. "He didn't git no 'Courting' fromwe."

Poor Marian gave a faint smile. "There might be other James Wilmers," she said. "I wanted to be sure."

Mrs. Sharpe didn't think this could be the one.

"He's a rough, ragged creeter," she said, "and 's had the snakes fur weeks at a time."

Marian shrank and cowered at this, with a pitiful look of pain on her beautiful face.

"Hed money left him?" asked Mrs. Sharpe.

Marian nodded.

"'Twon't do him no good. Soon as he hearns of it, he'll drink himself into snakes. Allers did when they struck a good lead on the Banderita. Circus Jack, he loses all hisn's at poker; so thar they go."

In the course of an hour Circus Jack, scrubbed and "fixed up" to a degree which made him almost unrecognizable by his comrades, appeared, escorted by Scotty, also prepared by a choice toilet to enter the presence of "the ladies."

"'Scuse my not comin' afore," said Scotty. "Hosses must be 'tended to, and them of mine wus about dead beat."

Marian smiled graciously, if absently, and turned her clear, hazel eyes to Circus Jack, who, with many excuses, circumlocutions, and profane epithets, most of which he apologized for instantly, and some of which he was evidently unconscious of, gave her all the information in his power in regard to the man she had come to find.

No one in Mariposa knew him better. As "Jim" he was almost an integral part of the city of "Butterflies." The butterflies, by the by, for which the town is named, are not those which soar in the air, but "Mariposas," fastened by long, tough filaments to the ground.

Many a night had Jim Wilmer crushed his swollen face into them, and slept a drunken sleep with their soft wings folded sorrowfully above him.

There was something of a mystery hung about him, which the "boys" had never been able to fathom. Some said that he belonged to a wealthy and aristocratic family, and had left home and become a wanderer and an outcast, because some beautiful woman had jilted him; others said that he had had a wife and children, that he had broken his wedded faith and his wife's heart at the same time, and that a grim phantom followed him wherever he went, and gave him no peace. Others told yet another story: that he had been engaged to a beautiful girl, and had loved her and trusted her above all telling; that his wedding day was near, when he had stumbled upon some miserable secret, which was dead and buried, but could not rest in its grave; that there was no room left for doubt, which is sometimes blessed, and he had fled without a word; disappeared, and left to her own wretched heart the task of telling her the reason why.

Circus Jack did not tell Marian these stories, though he had heard them all; indeed, they had all been retold and discussed in the bar-room, not half an hour since. An average woman would have repeated them to her, and thus tempted her to reveal the truth; but a chivalrous heart beat under Jack's flannel shirt, and he could no more bear to hurt her than he could have crushed a little bird to death with his hand.

If any of the stories were true, and she yet loved poor Jim, he told her enough to wring her heart and haunt her dreams for ever.

The winter that he spent in the hollow of a great pine tree, on the rim of Yosemite valley, was perhaps his happiest and most peaceful. Every Yosemite tourist stops to peep inside this tree, and to wonder if a man really lived there. "It was comfortable enough," says the hale old pioneer of the valley below. "He had plenty of room. We both slept in it one night."

At which the tourist peeps in again, and wonders if the long-limbed Texan was not a bit cramped by the footboard.

When Circus Jack told Marian the story it was fresher and less wonderful than now.

"Was the snow very deep?" she said. "Was there no danger of his freezing to death?"

"I never hearn much about it anyhow," said Circus Jack, "'cept thet he lived thar alone cuttin' shingles. I 'spect the snow was 'bout four or five foot deep up thar whar he lived. He's a close-mouthed one, I tell yer. Never git nothin' outer him, an' when he's drunk he don't tell nothin' whatsomd-ever!"

This, with a glance half pitying, half reassuring, as though he would promise her that the secret, whatever it might be, was safe.

One comforting doubt beat at the woman's heart all the while that Jack was talking. "Perhaps this man was not the one!"

She mentioned this at length, and asked Jack what his quandom "partner" was like.

"He was a slight-built feller, rayther light-complected," was the reply. "An' han'some! I called him han'some, didn't you, Scotty?"

Scotty, thus appealed to, gave a profane assent. He had scarcely moved a muscle since he sat down, with his eyes fixed on Marian's fair, ever-changing face. Mrs. Sharpe, after a vain attempt to engage him in conversation, had quietly withdrawn, having no relish for being one of a quartette where two did all the talking.

"Was he—an—educated man?" inquired Marian hesitatingly, feeling in a vague way that the question might offend Jack.

"Yes, he war," replied that worthy in a contemplative tone. "When he war drunk I hev hearn him talkin' a lot of stuff like po'try. Thar's a pile of books in my cabin now that he used ter read consid'able.Ican't make head nor tail to 'em. P'r'aps you might."

"I would like to see them," said Marian eagerly.

Jack nodded, and a pause ensued. At length Scotty remarked that the "old man," meaning Cutey, was "reyther late in lightin' up," at which Jack arose and bade the stranger "good night."

Marian put out her hand, saying, "We will be good friends, I hope."

Circus Jack took it by the finger tips cautiously, careful not to hurt it with his horny fingers.

"I'll do ary thing in the world fur yer, madam," he replied earnestly and ingenuously.

"There was one thing I wished to ask," she said, "though it may be a foolish question. Did you ever notice any—ring—that he wore or—carried?"

"Theywusa ring, but I'm beat ef I kin tell what kind. Once when Jim was turrible sick, an' his hand swelled up, I wanted to file it off, but he fought so I couldn't. He said when he got well thet it never had ben off, nor never shouldn't be while he had life to fight."

"Can't you tell me what it was like?" she asked.

"I ain't no hand," said Circus Jack, rubbing his head. "I'd know it ef I seed it, but——"

"Was it like this?" She drew a dainty purse from her pocket, and took from its safest corner a plain, flat band of gold, with a small disk on it, shaped like the half of a heart placed horizontally.

"Prezactly!" exclaimed Circus Jack with emphasis.

She opened her purse to put it back, but it fell from her hand, scattering her little stock of money over the floor, and a moment after, when Mrs. Sharpe came in, in response to frantic halloos from Scotty, she found Marian in a dead faint upon the floor, with Scotty and Circus Jack, with hands clasped behind them, kneeling on either side of her like uncouth angels, while scattered coins and escaping masses of golden-brown hair formed a halo about her head.

She was ashamed of and provoked at her weakness afterward; said she was fatigued with her long and wearisome ride, and that she never fainted before; but if she had been an accomplished diplomatist, she could have planned nothing better for her popularity.

As for the faded-out woman, her opinion, which had been tottering under a severe reproof from Cutey, now underwent a complete revolution.

"Themkind never faints!" she said to herself dogmatically, as she assisted Marian to her room and begged her to "take things easy like." She patiently answered one hundred and seven inquiries that evening, varying from, "How's the sick lady?" to, "Jim Wilmer's gal perking up a little arter her faint?" and for the rest of Marian's stay in Mariposa she proved that kindliness of heart had been one of the "fast colors."

It was but natural that Cutey should feel a friendly interest, since he dealt out at least two hundred extra drinks, at highly remunerative prices, on her account that evening; and moreover, the Doctor "tipped" him handsomely for extra care and attention. In a week after her arrival, Marian had learned all that anybody in Mariposa knew regarding "Jim." She wore that curious ring upon her finger now. There were two letters upon the disk, but no one ever had the hardihood to ask what they were.

Punks, whose eyes were keen, and whose curiosity was keener, declared that they were "i l," with a "little quirl-like" between.

Punks also knew—a fact which did credit to his powers and habits of observation—that on the disk of the ring which Jim wore on his little finger were the letters "Fa."

Punks desired to know what "Fail" spelled but "fail." He further inquired "what they wanted to hev sech a doggoned mis'able word as thet on a ring fur?"

"'T'orter be 'love' or sunthin'," he added critically.

It was only after much questioning in divers places, and the exercise of a deal of patience and some finesse, that Marian learned the present whereabouts of the half-crazed hermit "all unblessed." When last seen, something less than a week before her arrival, he had been wandering through the neighboring mountains, half-clothed in wretched rags, living on berries and roots, alternately muttering and shrieking the vagaries of his unhinged mind.

They were loth to tell her, even those who knew it. Their rude externals seemed to have made their hearts softer. It hurt them to see the pink color fade from her cheeks, and the shadow of sharp pain creep over her beautiful face; so she had to learn the lesson of smiling when her heart ached worst. The two Mexicans, cattle herders, who had seen him, were eagerly questioned; but they could tell nothing that she did not know, save that they were quite sure that it was Jim, and not some other unfortunate, whom they had seen.

They gave a stupid assent when asked by Marian to secure him and bring him into town the next time that they saw him; and a "Si, Señor," considerably less stupid in a subsequent private interview with Jack, who promised them "heap money" for their labor.

Marian had the books which Jim had left in the cabin: commonplace Greek and Latin books, which might have belonged to anybody, save that on one fly leaf was written in a scrawling hand, "J. C. Wilmer," and this yellow page, and this faded ink, she covered with her kisses and baptized with her tears. And another weary week crept by.

The Doctor noticed with disapprobation strongly expressed how pale and worn-looking the pretty woman grew. Not professionally; indeed, his title was merely honorary, bestowed in recognition of his services in prescribing the "Golden Anti-bilious Pills" for Bob Jinks, which, or nature in spite of them, had effected a cure, and restored to bereft Mariposa society an efficient and valuable member.

The Doctor's interest afforded considerable amusement to the habitués of the "Grand" bar-room, and they fairly roared with sympathy when he profanely expressed his sorrow to see her wasting her beauty in tears over "another feller."

One Saturday night, two weeks and a day since Marian's arrival, the whole population of the town were at the Grand, either drinking, gambling, or purchasing provisions of Cutey's deputy, who presided over the tin can department with activity and grace; and all, whatever their occupation, were swearing vigorously and unceasingly.

Marian sat up stairs in her tiny room burning with feverish anxiety. Her long years of home-waiting, the comfortless journey, even the first week of uncertainty, had been easier to bear than this anxious waiting. The Mexicans had not hesitated to say that he must be dead by this time; butthatshe did not believe; he might be starving, crazed, nearly dead, but surely she might see him once more and hear him say that he forgave her; perhaps even nurse him back to reason and health and hope again.

The brawling and laughter down stairs made her shudder. "If I was only a man!" she whispered fiercely, clenching her little hands. "Can I donothingbut sit here and wait? Oh, God, be merciful!" she cried.

Then suddenly a thought flashed into her mind. She did not stop to think of it; she acted upon it.

The Doctor's partner, profoundly studying his cards, was somewhat disconcerted to see the table kicked over, and the Doctor's "hand" on the floor. Without a question, he put his hand back for his pistol, when the sudden stillness in the room caught his attention, and all that followed caused him to forget the affront.

In the centre of the room, her disordered hair flying about her face, her clear eyes flashing with excitement, her cheeks flaming with color, more beautiful than they had ever seen her look before, Marian stood waiting for silence. Men crowded up to the doorways and filled the windows, certain from the sudden quiet that "something was up."

"Won't youhelpme?" she cried out. "What canIdo to find him? He may be starving to death! He would not have left you to starve! You"—she gasped and drew her breath hard—"you—whom he was good to—you remember—a hundred things, but you forget him! and let him—rave his life away—and starve to death—alone." She choked. She could not speak another word! but she stood with her lips parted, her eyes flashing, looking eagerly, almost angrily, from one face to another.

Circus Jack bounded on to a table; it was rickety, and reeled with his weight; but Punks and Bob Jinks steadied it; they were friends of Jack's; besides, they had just won from him at poker, and felt very friendly. "Fellers!" said Jack, "to-morrow's Sunday. I'm going out ter hunt fer poor Jim, and ain't comin' back till I find him. Them as wants ter 'comp'ny me kin call at my cabin to-night."

"I will go with you, Jack," said the Doctor impressively.

"Me, too, you bet!" cried Scotty.

"Count me in," growled a bass voice from the window.

"Me too," squeaked Punks. "All as'll go say, 'Ay!'"

And an "Ay!" came from those rough voices with such a ringing burst of good will as must have startled the very birds asleep in the distant trees.

Nay! some faint echo of it may have been heard at the very gates of heaven itself. The tears rolled down Marian's cheeks. She tried to say, "God bless you!" but the tears had the right of way, and the words broke into something unintelligible.

A sudden shame came over them that they had not thought of this before. Memories of homes, of mothers, of wives, came knocking at their hearts, and would not be denied. The sleeves of rough and not over clean flannel shirts were drawn across eyes that had scorned tears, through sickness, discomfort, and disappointment.

Cutey came to the rescue.

"Gentlemen!" he said, waving his hand over the bar, "help yourselves. My j'ints are stiff, and I can't go; but I'll treat the crowd. Free drinks, gentlemen!"

And leaving his bar to the tender mercies of his thirsty friends, Cutey offered his arm to Marian, and escorted her to her own door, where he took leave of her with a low bow.

Then he went down stairs four steps at a time, lest his choice liquors should be annihilated in his absence.

It was Monday noon when they returned. Marian sat at the window in the easiest chair the house afforded, sickening with fever. She watched them coming into town with a restless, helpless anxiety. She watched them scatter to their cabins, and saw Circus Jack coming on toward the hotel alone.

She buried her face in her hands. He had said that he would never come back until he found him. Had they become discouraged, or——

She could not believe that they had found him. Her heart seemed to cry out, "No! no!" Jack came up, with little Mrs. Sharpe at his heels.

"Be keerful!" said the faded woman. "She mighty poorly."

Jack came in as lightly as his heavy boots would allow.

"The boys said fur me ter tell yer they wus all dretful sorry fur yer. We buried him jist whar we found him. He'd a ben dead nigh on to a couple of weeks, I reckon. Don't yer look so, lady. Poor Jim! he warn't never happy, even when he was drunk. He's better off up thar. We flung a few stones together to mark the place, and I'll guide you and Mrs. Sharpe thar any time."

Then, lowering his voice to a whisper, he added tenderly, "And I tuk the ring offen his finger. He couldn't fight fur it now; an I thought as mebby you'd like it."

He took it from the corner of his handkerchief; she held up her finger for it, and he slipped it on. Then he saw that the letters spelled "Faith." "Thet Punks!" he thought to himself contemptuously.

She looked up into his face with a stony smile—no tears now.

"Thank you," she said.

Four weeks afterward the Doctor lifted Marian into the stage. She was strong enough for her journey now, she said. Two days before she had visited the lonely cairn. It was a tiresome horseback ride too. She seemed to be getting well very fast. The Doctor told her so.

"People never die when they wish to," she answered sadly.

Circus Jack came to the stage-door to bid her "Good-by."

"What can I do for you to thank you?" she asked earnestly.

Jack hesitated.

"Ef you wouldn't mind, ma'am," he said, "I'd like—to—kiss your hand. I've got a dear old mother home—ef you wouldn't mind!"

Without a blush or a change of countenance she put her arm around his neck and kissed his lips.

"Good-by, dear old fellow," she said.

Then Scotty cracked his whip, the crowd on the piazza raised their hats—even the poor, chagrined Doctor—a subdued cheer was given, and the lumbering stage disappeared in a cloud of dust, the nodding mariposas on the hillside looking curiously at it as it went by.

Clara G. Dolliver.


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