CHAPTER XIV

THE LAW OF THE WILDERNESS

It is only a town-dreamed allegory that represents Nature as a fond

mother suckling her young upon her breast. Those who have lived

literally close to wild Nature know her for a tyrant, void of pity and

of mercy, from whom nothing can be wrung without toil and the risk of

death.

To all pioneer men--to their women and children, too--life has been one

long, hard, cruel war against elemental powers. Nothing else than

warlike arts, nothing short of warlike hazards, could have subdued the

beasts and savages, felled the forests and made our land habitable for

those teeming millions who can exist only in a state of mutual

dependence and cultivation. The first lesson of pioneering was

self-reliance. "Provide with thine own arm," said the Wilderness,

"against frost and famine and skulking foes, or thou shalt surely die!"

But there were compensations. As the school of the woods was harsh and

stern, so it brought up sons and daughters of lion heart. And its

reward to those who endured was the most outright independence to be had

on earth. No king was so irresponsible as the pioneer, no czar so

absolute as he. It needed no martyr spirit in him to sing:

"I am the master of my fate,

I am the captain of my soul."

We have seen that the Appalachian region was peculiar in this: that good

bottom lands were few and far between. So our mountain farmers were cut

off more from the world and from each other, were thrown still more upon

their individual resources, than other pioneers. By compulsion their

self-reliance was more complete; hence their independence grew more

haughty, their individualism more intense. And these traits, exaggerated

as they were by force of environment, remain unweakened among their

descendants to the present day.

Here, then, is a key to much that is puzzling in highland character. In

the beginning isolation was forced upon the mountaineers; they accepted

it as inevitable and bore it with stoical fortitude until in time they

came to love solitude for its own sake and to find compensations in it

for lack of society.

Says a native writer, Miss Emma Miles, in a clever and illuminating book

on _The Spirit of the Mountains_: "We who live so far apart that we

rarely see more of one another than the blue smoke of each other's

chimneys are never at ease without the feel of the forest on every

side--room to breathe, to expand, to develop, as well as to hunt and to

wander at will. The nature of the mountaineer demands that he have

solitude for the unhampered growth of his personality, wing-room for his

eagle heart."

Such feeling, such longing, most of us have experienced in passing

moods; but in the highlander it is a permanent state of mind, sustaining

him from the cradle to the grave. To enjoy freedom and air and

elbow-room he cheerfully puts aside all that society can offer, and

stints himself and bears adversity with a calm and steadfast soul. To be

free, unbeholden, lord of himself and his surroundings--that is the wine

of life to a mountaineer.

Such a man cannot stand it to be bossed around. If he works for another,

it must be on a footing of equality. Poverty may oblige him to take a

turn on some "public works" (by which he means any job where many men

work together, such as lumbering or railroad building), but he must be

handled with more respect than is shown common laborers elsewhere. At a

sharp order or a curse from the foreman he will flare back: "That's

enough out o' you!" and immediately he will drop his tools. Generally he

will stay on a job just long enough to earn money for immediate needs;

then back to the farm he goes.

Bear in mind that in the mountains every person is accorded the

consideration that his own qualities entitle him to, and no whit more.

It has always been so. Our Highlanders have neither memory nor tradition

of ever having been herded together, lorded over, persecuted or denied

the privileges of free-men. So, even within their clans, there is no

servility nor any headship by right of birth. Leaders arise, when

needed, only by virtue of acknowledged ability and efficiency. In this

respect there is no analogy whatever to the clan system of ancient

Scotland, to which the loose social structure of our own highlanders has

been compared.

We might expect such fiery individualism to cool gradually as population

grew denser; but, oddly enough, crowding only intensifies it in the shy

backwoodsman. Neighborliness has not grown in the mountains--it is on

the wane. There are to-day fewer log-rollings and house-raisings, fewer

husking bees and quilting parties than in former times; _and no new

social gatherings have taken their place_. Our mountain farmer, seeing

all arable land taken up, and the free range ever narrowing, has grown

jealous and distrustful, resenting the encroachment of too many sharers

in what once he felt was his own unfenced domain. And so it has come

about that the very quality that is his strength and charm as a man--his

staunch individualism--is proving his weakness and reproach as a

neighbor and citizen. The virtue of a time out-worn has become the vice

of an age new-born.

The mountaineers are non-social. As they stand to-day, each man

"fighting for his own hand, with his back against the wall," they

recognize no social compact. Each one is suspicious of the other. Except

as kinsmen or partisans they cannot pull together. Speak to them of

community of interests, try to show them the advantages of co-operation,

and you might as well be proffering advice to the North Star. They will

not work together zealously even to improve their neighborhood roads,

each mistrusting that the other may gain some trifling advantage over

himself or turn fewer shovelfuls of earth. Labor chiefs fail to organize

unions or granges among them because they simply will not stick

together.

Miss Miles says of her people (the italics are my own): "There is no

such thing as a community of mountaineers. They are knit together, man

to man, as friends, but not as a body of men.... Our men are almost

incapable of concerted action unless they are needed by the

Government.... Between blood-relationship and the Federal Government no

relations of master and servant, rich and poor, learned and ignorant,

employer and employee, are interposed to bind society into a whole....

_The mountaineers must awake to a consciousness of themselves as a

people._ For although throughout the highlands of Kentucky, Tennessee

and the Carolinas our nature is one, our hopes, our loves, our daily

life the same, we are yet a people asleep, _a race without knowledge of

its own existence_. This condition is due ... to the isolation that

separates the mountaineer from all the world but his own blood and kin,

and to the consequent utter simplicity of social relations. When they

shall have established a unity of thought corresponding to their

homogeneity of character, then their love of country will assume a

practical form, and then, indeed, America, with all her peoples, can

boast no stronger sons than these same mountaineers."

To the Highlanders of four States here mentioned should be added all

those of Old Virginia, West Virginia, Georgia, and Alabama, making an

aggregate to-day of close on four million souls. Together they

constitute a distinct people. Not only are they all closely akin in

blood, in speech, in ideas, in manners, in ways of living; but their

needs, their problems are identical throughout this vast domain. There

is no other ethnic group in America so unmixed as these mountaineers and

so segregated from all others.

And the strange thing is that they do not know it. Their isolation is so

complete that they have no race consciousness at all. In this respect I

can think of no other people on the face of the earth to which they may

be likened.

As compensation for the peculiar weakness of their social structure, the

Highlanders display an undying devotion to family and kindred.

Mountaineers everywhere are passionately attached to their homes. Tear

away from his native rock your Switzer, your Tyrolean, your Basque, your

Montenegrin, and all alike are stricken with homesickness beyond speech

or cure. At the first chance they will return, and thenceforth will

cling to their patrimonies, however poor these be.

So, too, our man of the Appalachians.--"I went down into the valley,

wunst, and I declar I nigh sultered! 'Pears like there ain't breath

enough to go round, with all them people. And the water don't do a body

no good; an' you cain't eat hearty, nor sleep good o' nights. Course

they pay big money down thar; but I'd a heap-sight ruther ketch me a big

old 'coon fer his hide. Boys, I did hone fer my dog Fiddler, an' the

times we'd have a-huntin', and the trout-fishin', an' the smell o' the

woods, and nobody bossin' and jowerin' at all. I'm a hill-billy, all

right, and they needn't to glory their old flat lands to me!"

Domestic affection is seldom expressed by the mountaineers--not even by

motherly or sisterly kisses--but it is very deep and real for all that.

In fact, the ties of kinship are stronger with them, and extend to

remoter degrees of consanguinity, than with any other Americans that I

know. Here again we see working the old feudal idea, an anachronism, but

often a beautiful one, in this bustling commercial age. Our hived and

promiscuous life in cities is breaking down the old fealty of kith and

kin. "God gives us our relatives," sighs the modern, "but, thank God, we

can choose our friends!" Such words would strike a mountaineer deep

with horror. Rather would he go the limit of Stevenson's Saint Ives:

"If it is a question of going to hell, go to hell like a gentleman, with

your ancestors!"

[Illustration: Photo by U. S. Forest Service

Whitewater Falls]

When the wilderness came to be settled by white men, courts were feeble

to puerility, and every man was a law unto himself. Many hard characters

came in with the pioneers--bad neighbors, arrogant, thievish, bold. As

society was not organized for mutual protection, it was inevitable that

cousin should look to cousin for help in time of trouble. So arose the

clan, the family league, and, as things change very slowly in the

mountains, we still have clan loyalty outside of and superior to the

law. "My family _right or wrong_!" is a slogan to which every highlander

will rise, with money or arms in hand, and for it he will lay down his

last dollar, the last drop of his blood. There is scarce any limit to

which this fealty will not go. Your brother or cousin may have committed

a crime that shocks you as it does all other decent citizens; but will

you give him up to the officers and testify against him? Not if you are

a mountaineer. You will hide him out in the laurel, carry him food, keep

him posted, help him to break jail, perjure yourself for him in

court--anything, everything, to get him clear.

We see here a survival, very real and widespread, in this

twentieth-century Appalachia, of a condition that was general throughout

the Scotch Highlands in the far past. "The great virtue of the

Highlander," says Lecky, "was his fidelity to his chief and to his clan.

It took the place of patriotism and of loyalty to his sovereign.... In

the reign of James V., an insurrection of Clan Chattan having been

suppressed by Murray, two hundred of the insurgents were condemned to

death. Each one as he was led to the gallows was offered a pardon if he

would reveal the hiding-place of his chief, but they all answered that,

were they acquainted with it, no sort of punishment could induce them to

be guilty of treachery to their leader.... In 1745 the house of

Macpherson of Cluny was burnt to the ground by the King's troops. A

reward of L1,000 was offered for his apprehension. A large body of

soldiers was stationed in the district and a step of promotion was

promised to any officer who should secure him. Yet for nine years the

chief was able to live concealed on his own property in a cave which his

clansmen dug for him during the night, and, though upwards of one

hundred persons knew of his place of retreat, no bribe or menace could

extort the secret."

The same chivalrous, self-sacrificing fidelity to family and to clan

leader is still shown by our own highlanders, as scores of feuds and

hundreds of criminal trials attest. All this is openly and unblushingly

"above the law"; but let us remember that the law itself, in many of

these localities, is but a feeble, dilatory thing that offers

practically no protection to those who would obey its letter. So, in an

imperfectly organized society, it is good to have blood-ties that are

faithful unto death. And none knows it better than he who has missed

it--he who has lived strange and alone in some wild, lawless region

where everyone else had a clan to back him.

So far as primitive society is concerned, we may admit with the Scotch

historian Henderson that "the clan system of government was in its way

an ideally perfect one--probably the only perfect one that has ever

existed.... The clansman was not the subject--a term implying some sort

of conquest--but the kinsman of his chief.... Obedience became rather a

privilege than a task, and no possible bribery or menace could shake his

fidelity. Towards the Sassenach or the members of clans at feud with him

he might act meanly, treacherously, and cruelly without check and

without compunction, for there he recognized no moral obligations

whatever. But as a clansman to his clan he was courteous, truthful,

virtuous, benevolent, with notions of honor as punctilious as those of

the ancient knight."

The trouble with clan government was, as this same writer has pointed

out, that "it was the very thoroughness of its adaptation to early needs

that made it so hard to adjust to new necessities. In its principles and

motives it was essentially opposed to the bent of modern influences. Its

appeal was to sentiment rather than to law or even reason: it was a

system not of the letter but of the spirit.... The clan system was

efficient only within a narrow area; it gave rise to interminable feuds;

and it was inapplicable to the circumstances created by the rise of

modern industry and trade."

Everywhere throughout Highland Dixie to-day we can observe how clan

loyalty interferes with the administration of justice. When a case

involving some strong family comes up in the courts, immediately a cloud

of false witnesses arises, men who should testify on the other side are

bribed or run out of the country before subpoenas can be served, and

every juror knows that his peace and prosperity in future depend largely

upon which side he espouses.

To what lengths the hostility of a clan may go in defying justice was

shown recently in the massacre of almost a whole court by the Allen clan

at Hillsville, Virginia. The news of that atrocity swept like wildfire

throughout all Appalachia, its history is being reviewed to-day in

thousands of mountain cabins, and it is deeply significant that, away

out here in western Carolina, where no Allen blood relationship

prejudices men's minds, the prevailing judgment of our backwoodsmen is

that the State of Virginia did wrong in executing any of the offenders.

"There was something back of it--you mark my words," say the country

folk. And the drummers, cattle-buyers, and others who pass this way from

southwestern Virginia tell us, "Everybody up our way sympathizes with

the Allens."

In some measure this morbid sentiment is due to the spectacular features

of the Hillsville tragedy. If there be one human quality that the

mountaineer admires above all others, it is "nerve." And what greater

display of nerve has been made in this generation than for a few

clansmen to shoot down a judge at the bench, the public prosecutor, the

sheriff, the clerk of the court, and two jurymen, then take to the

mountain laurel like Corsicans to the _maquis_, and defy the armed

power of the country? The cause does not matter, to a mountaineer. Our

Highlanders are anything but robbers, for instance, and yet the only

outsider who has ballads sung in his memory throughout Appalachia is

Jesse James!--unless Jack Donohue was one--I do not know.--

Come all ye bold undaunted men

And outlaws of the day,

Who'd rather wear the ball and chain

Than work in slavery!

* * * *

Said Donohue to his comrades,

"If you'll prove true to me,

This day I'll fight with all my might,

I'll fight for liberty;

Be of good courage, be bold and strong,

Be galliant and be true;

This day I'll fight with all my might,"

Says bold Jack Donohue.

* * * *

Six policemen he shot down

Before the fatal ball

Pierced the heart of Donohue

And 'casioned him to fall;

And then he closed his struggling eyes,

And bid this world adieu.

Come all ye boys that fear no noise,

And pray for Donohue!

No doubt the mountain minstrels are already composing ballads in honor

of the Allens; for it is a fact we cannot blink at that the outlaw is

the popular hero of Appalachia to-day, as Rob Roy and Robin Hood were in

the Britain of long ago. This is not due to any ingrained hostility to

law and order as such, but simply to admiration for any men who fight

desperately against overwhelming odds. There is a glamour about bold and

lawless adventure that fascinates mature men and women who have never

outgrown youthful habits of mind. Whoever has the reputation of being a

dangerous man to cross--the "marked" man, who carries his life upon his

sleeve, but bears himself as a smiling cavalier--he is the only true

aristocrat among a valorous but primitive people.

But this is only half an explanation. The statement that our highlanders

are not hostile to law and order must be qualified to this extent: they

have a profound distrust of the courts. The mountaineer is not only a

born fighter but he is also litigious by nature and tradition. A

stranger will be surprised to find how deeply the average backwoodsman

is versed in the petty subtleties of legal practice. It comes from

experience. "Court-week" draws bigger crowds than a circus. The

mountaineer who has never served as juror, witness, or principal in a

lawsuit is a curiosity. And this familiarity has bred secret contempt. I

violate no confidence in saying that many a mountaineer would hold up

one hand to testify his respect for the law while the other hand hovered

over his pistol.

Why so?

Just because his experience has taught him (rightly or wrongly--but he

firmly believes it) that courts are swayed by sinister influences when

important matters are at stake. Those influences are clan money and clan

votes. Hence, if he or a kinsman be involved in "lawin'" with a member

of some rival tribe, he does not look for impartial treatment, but

prepares to fight cunning with cunning, local influence with local

influence. There are no moral obligations here. "All's fair in love and

war"--and this is one form of war.

If the reader will take down his _David Balfour_ and read the intrigues,

plots, and counterplots of David's attorneys and those of the Crown, he

will grasp our own highlanders' viewpoint.

[Illustration: Photo by Arthur Keith

The road follows the Creek.--There may be a dozen fords in a mile.]

That mountain courts are often impotent is due in part to the

limitations under which their officers are obliged to serve. For

example, in the judicial district where I reside, the solicitor

(State's attorney) receives nothing but fees, and then only _in case

of conviction_. It might seem that this would stir him to extra zeal,

and perhaps it does; but he has a large circuit, there are no local

officials specially interested in securing evidence for him while the

case is white-hot, everything spurs the defendant to get rid of

dangerous witnesses before the solicitor can get at them, public opinion

is extremely lenient toward homicides, and man-slayers so often get off

scot-free after the most faithful and laborious efforts of the

solicitor, that he becomes discouraged.

The sheriff, too, serves without salary, getting only fees and a

percentage of tax collections. How this works, in securing witnesses,

may be shown by an anecdote.--

I looked up from my work, one day, to see a neighbor striding swiftly

along the trail that passed my cabin.

"You seem in a hurry, John. Woods afire?"

"No: I'm dodgin' the sheriff."

"Whose pig was it?"

"Aw! He wants me as witness in a concealed weepon case."

"One of your boys?"

"Huk-uh: nobody as I'm keerin' fer."

"Then why don't you go?"

"I cain't afford to. I'd haffter walk nineteen miles out to the

railroad, pay seventy cents the round-trip to the county-site, pay my

board thar fer mebbe a week, and then a witness don't git no fee at all

onless they convict."

"What does the sheriff get for coming away up here?"

"Thirty cents for each witness he cotches. He won't git me, Mister Man;

not if I know these woods since yistiddy."

Verily the law of Swain is hard on the solicitor, hard on the sheriff,

and hard on the witness, too!

Mountaineers place a low valuation on human life. I need not go outside

my own habitat for illustrations. In our judicial district, which

comprises the westernmost seven counties of North Carolina, the present

yearly toll of homicides varies, according to counties, from about one

in 1,000 to one in 2,500 of the population. And ours is not a feud

district, nor are there any negroes to speak of. Compare these figures

with the rate of homicide in the United States at large, about one to

8,300 population; of Italy, one to 66,000; Great Britain, one to

111,000; Germany, one to 200,000.

And the worst of it is that no Black Hand conspirators or ward gun-men

or other professional criminals figure in these killings. Practically

all of them are committed by representative citizens, mostly farmers.

Take that fact home, and think what it means. Remember, too, that most

of these murderers either escape with light penal sentences or none at

all. The only capital sentence imposed in our district within the past

ten years was upon an Indian who had assaulted and murdered a white girl

(there was no red tape or procrastination about _that_ trial, the

court-house being filled with men who were ready to lynch him under the

judge's nose if the sentence were not satisfactory).

I said at the very outset of this book that "Our mountain folk still

live in the eighteenth century. The progress of mankind from that age to

this is no heritage of theirs.... And so, in order to be fair and just

with these our backward kinsmen, we must, for the time, decivilize

ourselves to the extent of _going back_ and getting an eighteenth

century point of view."

As regards the valuation of human life, what was that point of view?

The late Professor Shaler of Harvard, himself a Southerner, one time

explained the prevalence of manslaughter among southern gentlemen. His

remarks apply with equal truth to our mountaineers, for they, however

poor they may be in worldly goods, are by no means "poor white trash,"

but rather patricians, like the ragged but lofty chiefs and clansmen of

old Scotland.--

"Nothing so surprises the northern people as the fact that southern

men of good estate will, for what seems to the distant onlooker

trifling matters of dispute, proceed to slay each other. Nothing so

gravely offends the characteristic southern man as the incapacity

of his brethren of northern societies to perceive that such action

is natural and consistent with the rules of gentlemanly behavior.

The only way to understand these differences of opinion is by a

proper consideration of the history of the moral growth of these

diverse peoples.

"The Southerner has retained and fostered--in a certain way

reinstated--the medieval estimate as to the value of life. In the

opinion of those ages it was but lightly esteemed; it was not a

supreme good for which almost all else was to be sacrificed, but

something to be taken in hand and put in risk in the pursuit of

manly ideals.

"Modernism has worked to intensify the passion for existence until

those who are the most under its dominion cannot well conceive how

a man, except for some supreme duty to which he is pledged by

altruistic motives, can give up his own life or take that of his

neighbor. If these people of to-day will but perceive that the

characteristic Southerner has preserved the motives of two

centuries ago, if they will but inform themselves as to the state

of mind on this subject which prevailed in the epoch when those

motives were shaped in men, they will see that their judgment is

harsh and unreasonable. It is much as if they judged the actions of

Englishmen of the seventeenth century by the changed standards of

to-day.

"Nor will it be altogether reasonable to condemn the lack of regard

of life which we find in the southern gentleman as compared with

his northern contemporary. We must, of course, reprobate in every

way the evil consequences of this state of mind; but the question

as to the propriety of that extreme devotion to continued mundane

existence which is so manifest in our modern civilization is

certainly open to debate. Irrational and brutal as are the ways in

which the old-fashioned gentleman of the South shows that his

regard for his own honor or that of his household outweighs his

love of life, it must be remembered that the same condition existed

in the richest ages of our race--those which gave proportionally

the largest share of ability and nobility to its history.

"As long as men are more keenly sensitive to the opinions of their

fellows than they are to the other goods which existence brings

them, as long as this opinion makes personal valor and truthfulness

the jewels of their lives, we must expect now and then to have

degradation of the essentially noble motives. It is, undoubtedly, a

dangerous state of mind, but not one that is degraded."--(_North

American Review_, October, 1890.)

"The motives of two centuries ago" are the motives of present-day

Appalachia. Here the right of private war is not questioned, outside of

a judge's charge from the bench, which everybody takes as a mere

formality, a convention that is not to be taken seriously. The argument

is this: that when Society, as represented by the State, cannot protect

a man or secure him his dues, then he is not only justified but in duty

bound to defend himself or seize what is his own. And in the mountains

Society with the big _S_ is often powerless against the Clan with a

bigger _C_.

Our Southern Highlanders · 第 14 / 17 章