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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 there _is_ a chance of his having been out ag'in Burg'yne, I'll permit him _without_ writin'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 p.r.o.nounced 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 circ.u.mstance, 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 circ.u.mstances 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 ent.i.tled 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 att.i.tude, 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 pa.s.sage 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 circ.u.mstances; 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 trespa.s.sers, 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 sanct.i.ty 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 pract.i.tioners of the healing art who are constantly met with in the new settlements, winding their way through stumps, logs, mora.s.ses 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 pa.s.s 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 cl.u.s.ter 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 circ.u.mstances which could dispense with the presence of any listeners.

CHAPTER XIX.

"Peculiar both!

Our soil's strong growth And our bold natives' hardy mind; Sure heaven bespoke Our hearts and oak To 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 pa.s.sed 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 pa.s.sed 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 circ.u.mstances 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 much _nearer_ than 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 for _them_, 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 neighbor _can_ speak 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 named _Ten_thousandacres; "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 pa.s.sed atween us."

"I rather conclude, friend Aaron, you had all sat down under the same t.i.tle?" put in the magistrate with a sly look at his companion. "When _that_ is the case, it would exceed all reason to quarrel."

"Why, I'll own that our t.i.tles 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 t.i.tle, or possession's good for nothin'; no better than the sc.r.a.pin'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's_ what 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 Ma.s.sachusetts 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 the _administration_ of 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 circ.u.mstances. By the common law, it was only trespa.s.s to cut down a tree in England; for _trees_ were 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 cla.s.ses of offences have sprung up under our own novel circ.u.mstances; 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 trespa.s.s 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 antic.i.p.ated, 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 pa.s.sed.

"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 of _me_, 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, but _never_ was 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 t.i.tle to property, in a free country. When a man wants a clearin' or wants to _make_ one, 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 inc.u.mbrances, for the next comer."

It is probable that Jason Newcome, Esq.,--magistrates in America are extremely tenacious of this t.i.tle, 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 ent.i.tled 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.

[Footnote 16: In order to understand Mr. Littlepage in what he says of "esquires," a word of explanation may be necessary. The term "esquire"

is, as every well-informed person knows, a t.i.tle of honor, standing next in degree below that of knight. On the continent of Europe the "ecuyer"

properly infers n.o.bility, I believe, as n.o.bility is there considered, which is little if any more than the condition of the old English gentry, or of the families having coat-armor. By the English law, certain persons are born esquires, and others have the rank _ex officio_. Among the last is a justice of the peace, who is legally an "esquire" during his official term. Now this rule prevailed in the colonies, and American magistrates were, perhaps legally, esquires, as well as the English. But t.i.tles of honor were abolished at the revolution, and it is a singular contradiction, in substance, to hold that the principle is destroyed while the incident remains. The rank of esquire can no more legally exist in America, than that of knight. In one sense, neither is n.o.ble, it is true: but in that broad signification by which all const.i.tutions are, or ought to be interpreted both would come within the proscribed category, as set forth in art. 7th, sect.

9th, and art. 1st, sect. 10th, Const. U. S. Nevertheless, so much stronger is custom than positive law, that not only every magistrate, but every lawyer in the country fancies himself peculiarly an "esquire!"

It is scarcely necessary to add that, by usage, the appellation is given by courtesy, wherever the English language is spoken, to all who are supposed to belong to the cla.s.s of gentlemen. This, after all, is the only true American use of the word.--EDITOR.]

It would hardly repay the trouble, were I to attempt recording all that pa.s.sed 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 circ.u.mstance 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."

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The Chainbearer Part 29 summary

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