"The miserable have no other medicine,
But only hope;
I have hope to live."
MEASURE FOR MEASURE.
The morning sun arose bright and cheerful, with promise of one of those
fair autumnal days which has crowned this peculiar season, as the
"sweetest, saddest of the year." The inmates of the cottage, too, arose
refreshed by a few hours of repose, and with energies strengthened for
the labors or dangers of the day. They were once more united. The malice
of their enemies had been defeated, and the courage and inspiration
which are derived from success, gave promise of ultimate triumph over
all their difficulties.
The morning meal passed off happily and cheerfully; and Ruth
notwithstanding the excitement and fatigue of the preceding evening,
possessed all that sweetness and calmness of spirit which had so much
charmed Ralph, on the evening of his arrival.
"Really, Captain Weston," she said, "you must have a strange idea of
this valley. You have been with us but four days, and we have had in
that brief time, an Indian war--sieges and battles--captivities and
escapes."
"I must say, Miss Barton, that you have provided me with one
entertainment to which I was not invited; but we may hope now, that the
"piping days of peace" are come. Your father has some fine trout-fishing
yet in reserve for me, and Jenkins wishes to survey his location for a
factory and city lots."
This rally at Ichabod was received with considerable merriment, but he
was not at all disconcerted.
"You may laugh at that idea, Captin," said he, "but it isn't laughing at
a sensible thing that makes it ridiculous. But I _was_ rather provoked,
when I proposed that idea to them Senecas in full council, and offered
to provide 'em with cloth for pantaloons, coats and jackets, to see the
pervarse creturs insist upon sticking to their Injin, heathenish sort of
garments. But, after all, it _is_ an innovation on their old habits, and
I shall have to begin by fitting up Eagle's-Wing with Christian clothes,
and send him out as a missionary on that business.
"No good for Injin to wear pale-face clothes," said the Tuscarora, with
contempt. "How Injin look dressed like white man?"
"There you go!" exclaimed Ichabod. "Seneca or Tuscarora, it don't make
any difference. If I was going to convart the Injins, the first step I
should take, would be to send out a cargo of tailors; for I _do_
believe that if you could only get them to put on decent clothes, they'd
be willing to take up a decent religion."
"That's a new idea, certainly," said Ruth; "but I should pity the
unfortunate workmen. They would scarcely make a living at the business."
"The idea is not unphilosophical," said Ralph, laughing. "Ideas are very
much like clothes. They are just as easily put off or on; and to conquer
the prejudices of the Indians in one respect, would be to conquer them
in another. It is a pity, Ichabod, that you had not lived to be a
coadjutor with Elliot. The result of his labors might have been vastly
different."
"Well," replied Ichabod, "I never did know a new idea that wasn't
laughed at. I suppose you want to have your fun at me, but I'll live to
have mine at you, yet."
While the family were at breakfast, Sambo had been sent out to overlook
the surrounding country for any signs of Indians. He now came running in
to say that a "whole army of Injins was coming, and no mistake."
At this alarm, the party at once betook themselves to their defences;
and from the lookouts they endeavored to get a sight of the approaching
enemy.
"The lying nigger!" exclaimed Ichabod. "Only _one_ Injin and without
we'pons at that."
"He is evidently coming with a message of some sort or other," said
Barton. "Suppose you go, Ralph, and hear what he has to say."
Ralph went out towards the grove where the Indian was waiting for him.
As he approached the Seneca, the latter took from his belt a letter and
delivered it to him.
"Pale-face prisoners send letter to talk," said the Seneca, as he
surveyed the document with a sort of superstitious fear. "Hear him talk,
eh?"
"Perhaps so," answered Ralph. "I will give you an answer soon, if it
should need one," and he again entered the cottage, while the Indian
threw himself lazily upon the ground.
When Ralph reached the room where the inmates were assembled, much
speculation was going on as to the probable contents of the letter; for
its delivery to Ralph had been observed. It was evident that it must
have been written by the attorney; and it was immediately opened, and
the contents read aloud by Ralph. The letter ran thus:
"To Esquire Barton, or to whomsoever these presents shall come,
Greeting:
"Sir--I am requested by that excellent but somewhat irascible chief,
Panther, to address you a few lines--although I can scarcely say that
they are written in a professional capacity. He has just advised me that
he holds the Deputy Sheriff and myself in his hands, as a sort of
equivalent for a certain Tuscarora Indian and his squaw, supposed and
believed to be now at the cottage and he has even gone so far, though in
a very civil manner, as to inform me, that without the said Indian and
his squaw are delivered to him, he will be under the necessity of
executing upon us some horrid species of capital punishment, for which I
know no technical name; and for which, I think, none is to be found in
the most approved authorities. He has requested me, as he himself is not
skilled in clerical matters, to write this, and to say that he proposes
a consultation, at which said matter shall be considered, and at which
shall be present, besides myself and the said Deputy Sheriff, Rogers,
two of each party, unarmed; the meeting to take place in the grove south
of the cottage. This line is forwarded by the bearer, who is to precede
us by half an hour.
"Your most humble servant,
JOHN BAGSLEY."
P.S. Should Mr. Ichabod Jenkins be present at the cottage, I hope that
he will consider himself under arrest, although a manual touching was
not actually made upon his person, unfortunate circumstances preventing.
Should he decline to consider himself under arrest, I hope that he may
be detained until our arrival, and the making of the proposed exchange."
Ralph could not restrain his laughter as he read this curious epistle.
The quiet confidence with which the attorney assumed that the exchange
would at once be made, and the business-like appeal to Ichabod, were
sufficiently provocative of a smile from all, except Ichabod, who did
not seem to relish this public reminder of the unfortunate result of
some of his previous speculations. But it was deemed advisable to
consent to the meeting, as it was possible that some result might be
arrived at, which would terminate the present difficulties.
Ralph therefore informed the Seneca that they would consent to treat
with Panther on the terms proposed, at the time appointed; and the
Indian at once departed to convey the answer.
"This attorney is a strange man," said Barton: "and he has probably
involved himself and his companion in a difficulty from which they will
not be able to escape."
"Who wants him to escape?" growled Ichabod. "A Seneca even, is a
gentleman, compared with one of those sneaking attorneys; and yet,
perhaps, it wouldn't be right not to try to save the creturs; seeing as
how they're human flesh and blood; _but_ if we do save 'em, I suppose I
must bid you good-bye, and start for the settlements."
"Don't be discouraged, Ichabod," said Ralph; "we shall probably find
some means to relieve you, should you be actually arrested. But the
first thing is, to get these unfortunate men from the hands of the
Senecas. They would seem to insist, from the letter, that Eagle's-Wing
and Singing-Bird should be delivered up to them. If no other terms than
these are proposed, Bagsley and his companion will have to suffer the
penalty of their temerity. They were well advised beforehand."
"Dey lose scalp: don't know enough to keep 'em," said Eagle's-Wing.
"What scalp good for, if they don't know 'nough to keep Injin from
taking 'em?"
"It may be a small matter to you, Eagle's-Wing," said Barton, laughing,
"but these prisoners would probably think their scalps of great
importance to themselves. But if I am not mistaken, I see them
approaching through the grove. I would suggest that Ralph and myself be
selected for this meeting. You, Ichabod, and the Tuscarora, would be too
likely to provoke an unfortunate termination of the matter, by the anger
your presence would excite."
This selection was agreed to; and Ralph and Barton walked towards the
grove, to the same place where the former consultation had been held. As
they arrived at this spot, they saw approaching, at a few rods distance,
Bagsley and the Deputy Sheriff, who were only bound by a strong thong
passed around the left arm of Bagsley and the right arm of Rogers; so
that they were effectually coupled. As Rogers was much taller than the
attorney, the confinement seemed to be equally irksome; for, while the
attorney was compelled to walk in a much more than usually erect
position, his companion was compelled to stoop enough to meet him
half-way. It was a compromise that did not seem to have the effect of
pleasing either, and gave rise to frequent altercations between them;
the attorney insisting that Rogers did not stoop enough, and the bailiff
swearing that Bagsley did not lift himself up enough, to divide equally
the difficulty.
They were accompanied by our old acquaintances, Deersfoot and
Snake-tongue, who marched beside them with a steady gravity, which no
one but an Indian could have preserved. When they reached the small plot
of green-sward, the Indians made brief but dignified salutations to
Barton and Ralph, who returned them in as brief and dignified a manner.
But Bagsley made an effort to rush forward to grasp Barton by the hand,
but he was withheld by the weight of his more saturnine companion.
"How often am I compelled to inform you, Mr. Rogers," said Bagsley with
irritation, "that the line of conduct adopted by you is neither in
accordance with courtesy nor good breeding? Could you not see that there
is a propriety in accosting our friends with warmth, who are about to
relieve us from an unpleasant situation? I declare, that under no
circumstances, will I ever consent to be so closely united with you
again. But excuse me, gentlemen. You will pardon any seeming
disrespect, under the circumstances," casting a contemptuous glance
over his left shoulder.
"There's no use in blowing up a fellow in this fashion," answered
Rogers. "You hang down on me so, that it's no wonder I don't stir any
more than I'm obliged to."
"Good day to you both," said Barton. "I am sorry to see you in such a
situation; but you will give me the credit of having prophesied such a
result to you."
"I must say, that the advise you gave us, was not far from correct,"
answered Bagsley; "but I relied upon the majesty of the law, and the
sanctity of our persons, as its humble officers, as sufficient to
protect us; and I am well convinced, that were our red friends to suffer
me to instruct them in some of its elementary principles, they would see
the error of their conduct, and discharge us with a proper
acknowledgment in satisfaction of damages. But I am sorry to say, that
they have thus far refused to listen to instruction relative to a system
of jurisprudence, adorned by the writings of Bacon and Coke, and
illumined and embellished by the lives of Hale and Mansfeld, and ---- I
really wish, Mr. Rogers, that you would suffer your person to become a
little more pliable." This interruption was occasioned by Rogers having
risen erect, in an attempt to illustrate the dignity of the profession
of which he was an officer; and the consequence was, that the attorney
found himself lifted from his feet, and suspended in the air.
"I aren't to blame," said Rogers gruffly, "for your being so small. Lay
that to them as it belongs to."
"After the notice which you have received, gentlemen," said Bagsley, now
opening the business of the meeting, "it cannot be necessary for me to
state the object of this consultation. You are aware that Mr. Rogers and
myself have fallen into the power of our red friends, without legal
warrant or authority on their part; by which act, they have undoubtedly
become liable to us in damages. But they allege, that they are sovereign
in themselves, and only amenable to their own laws; but as they are now
in the county of Tryon, this position is anomalous, to say the least; it
is an establishment of an _imperium in imperio,_ which cannot exist--as
I could substantiate by the authority of the best legal writers. But,
notwithstanding such points and arguments as I have presented, and--as
Mr. Rogers will admit, with considerable force--they adhere to their
first expressed opinion as a point _res adjudicata_, and refuse to
release us, except upon terms. I have the more readily consented to
those terms, as I am not called upon in any way to release our rights of
action for damages."
"May I ask the precise nature of the terms you mention?" inquired Ralph.
"Of course, Captain Weston; that is a proper subject of inquiry The
terms, in themselves, are easy, and I must say, much easier than could
have been expected. They are, that we shall be released, on the delivery
to them of a certain Indian and his squaw, who are somewhere
hereabouts."
"I know the Indian to whom you allude," said Ralph. "The Senecas have
already endeavored to obtain possession of him, after having grievously
wronged him; and we have thus far defended him, at the risk of our
lives."
"I know nothing about the original difficulty between this Indian and
the Senecas," said Bagsley, "but whatever it may have been, I think the
whole matter can now be amicably adjusted, and will be. You will deliver
him and his squaw, and receive us in exchange: the Senecas will at once
depart from this territory, and remove with them that anomaly in our
laws of which I have spoken; while we, having completed the arrest of
Mr. Jenkins, will depart also, and the territory will be quiet again."
The duty which devolved upon Barton and Ralph was becoming exceedingly
unpleasant. It was hard to undeceive the unfortunate attorney, whose
confidence in the exchange proposed was so strong. He evidently could
not realize that any impediment could stand in the way; or that Ralph
and Barton could hesitate for a moment in releasing them upon terms that
seemed so easy.
"We have already intimated to you, Mr. Bagsley," said Ralph, with a
seriousness that immediately attracted the attention of the attorney,
"that the Tuscarora is our friend. He has rendered Mr. Barton and myself
services for which we are deeply grateful to him."
"That, perhaps, complicates the matter, a little," answered Bagsley: "a
debt of gratitude, although not strictly a legal obligation and of a
nature to be enforced in a court of law, (although it will frequently
support an executed contract by way of consideration,) is, I must
confess, exceedingly hard to be rid of; and perhaps one would not be
justifiable in repudiating it upon light occasions; but the question
here presents itself in this manner; a debt of gratitude upon the one
side, which, I have observed, is not actionable, and the lives of two
gentlemen of the profession on the other. The preponderance of argument
is so obvious, that I should be wasting time in calling your attention
to it."
"There is an addition to the argument, upon what you deem the weaker
side, that you have forgotten to mention--that is, the _lives_ of our
friends, whom you ask us to surrender."
"That was not a matter unthought-of," said Bagsley, with complacency:
"it was merely a point reserved. I cannot bring myself to believe that
our red friends would carry matters to the extremity which they have
threatened. It was probably only one of those pardonable subterfuges by
which we endeavor, in the profession, to bring parties to terms--a
matter merely held up _in terrorem_."
"I hope," said Ralph, who was determined to undeceive the attorney at
once, "that it may be as you say; but neither Mr. Barton nor myself,
however unpleasant to you or ourselves such a determination may be, can
think, for a moment, of surrendering the Tuscarora into the hands of
enemies who are thirsting for his blood."
This announcement, made in a firm tone, but with a look that indicated
the sorrow with which it was made, struck the attorney with surprise and
fear. A mortal pallor overspread his features.
"You do not mean, Captain Weston--you _cannot_ mean, Mr. Barton, that
you will not release us?"
"Anything that we can do, except the surrender of any of our friends
into the hands of the Senecas, we will cheerfully, gladly do. But that,
you will yourself see--however unpleasant it may be to you, to
acknowledge it--we cannot do."
"My God! my God!" exclaimed Bagsley, forgetting, in his fear, his
professional character, "what shall we do?"
"I consider it rather hard fare," said Rogers, who being of a more
saturnine temperament than the attorney, was not so susceptible to
sudden emotions. "If two white men, and professional gentlemen to boot,
arn't reckoned of any more consequence than a couple of wild Injins,
what's the use of being white folks, I'd like to know?"
Deersfoot and Snake-tongue, who had thus far preserved a perfect
silence, now advanced to take part in the conversation:
"My brothers know," said Deersfoot, "that they must give us Canendesha
and his squaw, or these pale-faces must die. We have spoken, and so it
must be."
"Deersfoot," said Barton, "I cannot believe that you will put them to
death. You are now at peace with the Colonies. These men have done you
no harm. Even if you have cause for anger with us, these men are
innocent. It would be a murder, for which the Colonists would take ample
revenge in burning your villages and destroying your people."
"They are pale-faces, and that is all we know. If one pale-face does us
harm, we will hurt all the pale-faces we can. We have buried the hatchet
with the Colonies, and we will not dig it up. We are not on a war-path;
but if we are injured, we will do what hurt we can. I have spoken."
"If you do any harm to these men," said Ralph, "we will punish you, if
we have to follow you to your own country. There are men at the
settlements who will take up this quarrel."
"Let the pale-faces take care of themselves," said Snake-tongue. "They
may boast less, by-and-by. _We_ do not boast, but we will do what we
can. Our talk is finished. Let us go."
Deersfoot advanced towards the attorney, who remained as if stupified.
"Come!" said he, laying his hand upon him. The attorney shrieked with
fear.
"For Heaven's sake, Captain Weston--Mr. Barton, do not let these Indians
take us back again."
"We pity you, unfortunate men; but we cannot help you. We wish we
could," exclaimed Barton.
At this moment, Ichabod and the Tuscarora were seen issuing from the
door of the cottage, with their rifles in their hands. Their faces
expressed a determination that was unmistakable but at the same instant,
a body of Indians was seen approaching at the opposite extremity of the
grove. The Indians had evidently foreseen this result of the
consultation, and were now approaching on some mischievous errand.
Barton and Ralph immediately departed towards the cottage, into which
Ichabod and the Tuscarora also retired, while the attorney and his
companion departed in the opposite direction, under guard of the
Senecas.