It was all done so quickly, the guards around had not had time "to

draw," else the rebellious one had received the reward of rebellion.

The warden replaced his pistol, with a curse upon it for not obeying

his effort to draw it. The young convict had ceased hostilities, and

stood submissive by the side of his unknown friend. He had not once

glanced at him, but something in his voice had controlled and subdued

his passion.

"Away with him," cried the officer. "To the pump, and afterward to the

pool. Get the straps ready there. We'll show our _royal_ friend who is

master here."

Again came an idea of resistance, but the same small hand was laid

upon his arm.

"My friend, it isn't any use. I tried it all. Go on and be punished.

It is part of life here. You receive it whether merited or not."

They dragged him off, strapped him, hand and foot, and writhing,

foaming, like the untamed wild beast that he was, they thrust him

under the great prison pump.

"That will cool his royal blood," laughed a guard, as the fearful

force of the cold current beating upon his shaven head knocked him

senseless.

Drenched and beaten, utterly exhausted, he lay like a limp rag, until

three men had spent their strength upon the pump. Then to the pool

they dragged him, and "ducked" him three times into the dark, stagnant

water. Then back to the warden who asked if he "thought he had

enough."

"Not enough to make me take your jaw," was the foolish answer.

"The lash," said the warden, and the miserable, half-drowned creature

was taken away to be beaten "into subjection."

The guard overlooked the punishment. A stout, burly convict was

required to perform it. He would have refused, being in like strait,

only that he knew the uselessness. He had been there a long time,

forty years, and according to his sentence would be there for fifty

more. He had picked up a little scripture at the prison Sunday

school, so that when he lifted the whip above the back they had made

bare for it, he whispered, by way of apology:--

"And one Simon, a Cyrenian, him they compelled to bear the cross."

But Jim didn't understand even if he had heard. All he heard was that

low, patient voice calling him "friend."

In the afternoon he was sent down to the mines, subdued, but not

conquered. Every evil passion of his nature had been aroused, and

would never slumber again.

After that first day's experience he seemed indeed a wild beast. He

fought among the prisoners, rebelled against the rules of the prison,

would have nothing to do with any but the worst of the men, shirked

his work until he had to be strapped and beaten, in short, made a

record that had never been surpassed by any previous man on the prison

record.

Yet, when there was danger of any kind, he was the first there. One

morning there was an explosion in the mine, and more than a score of

prisoners were in danger of being suffocated before help could reach

them. Indeed everybody was afraid to venture in that black hole from

which the hot, sulphurous gases were pouring. Everybody but Jim. Even

the warden had to admit Jim's courage. "He aint afraid of the devil,"

he declared, when he saw the boy jump into an empty coal car, call to

the mule to "git up," and disappear in the gas and smoke with the

empty cars rumbling behind him. It was a long time before he came out,

but he brought ten insensible convicts in his first haul. The lessees

recommended him for that, and promised to make it good sometime if he

kept on at that rate.

Another time there was a fire. The rumbling old rat-hole was

threatened with destruction, and with it three hundred and

seventy-five of the State's charges. The men glared like beasts

through the cracks of the tottering stockade. Liberty, it would come

surely in some form. The fire was confined for a time to the wing

where the hospital was. But when it mounted in a great blood-dappled

sheet of flame to the top of an old rotten tower above the main

building, where the prisoners were huddled, it became evident that all

must go unless the old tower could be torn away. Up the uneven,

rickety wall went Jim, nimble as a squirrel. Crack! crack! fell the

dead boards, then with a clang and clamor, down rolled the old bell

from its perch, carrying with it the last of the burning tower.

Jim climbed down as sullen as ever. He didn't care to save the old

shanty, or to win any praise from anybody. He was simply not afraid,

and his courage would not permit him to do other than what he did.

Nobody cared for him specially, although the soft-voiced man with the

small, womanish hands spoke to him often, and always kindly. Jim never

forgot that he had called him friend. The memory of it stayed with

him, like the kiss of a first love that lingers long after love is

dead. Most of the men were afraid of him, so fierce was his temper,

and so easily aroused. Even the warden had learned that he could not

tame him. The strap, the lash, the pool, the pump, had been applied

times without number. The warden was still "looking around" for the

time to apply the last resource, the shotgun. It was pretty sure to

come, for the boy was entirely "unscrupulous."

Summer set in again. Again June came, and tried to bloom even on the

coal-tracked mountain about the mine. Somewhere up back among the pine

and shadows the wild roses were blooming, and the grapes. Their odors

came down to the men as they tramped across the hot, bare, coal-strewn

way between the stockade and the mines.

With the coming of June came a number of strangers to the mountain.

They always came in the warm season, but they quartered themselves

over in the town, beyond the stockade, and the stench, and filth, and

crime found there.

Only one, a young man, a minister who had been expelled from the

church in the city where he had preached, found his way to the prison.

He went out one Sunday afternoon, and asked permission to preach to

the convicts. It was freely granted. Such wild heresy! Such odd,

eccentric ideas! Such flights of oratory! Such fiery brands tossed

into the old tabernacles of religious belief! Such blows upon the old

batteries of narrowness and impossibility! They had never heard

anything like it. Had he preached thus anywhere else he would have

been promptly silenced. But a lot of convicts was not an audience

likely to be injured by the too free circulating of the doctrine he

advocated. What if he should convince them that eternal punishment was

a myth, and an insult flung in the face of the Creator? A slur upon

His justice, and a lie to His divine goodness? What if he snapped his

finger at a lake of brimstone and of eternal fire? And his wild

ravings about an inconsistent Being, accepted as the head of all

wisdom, and tenderness,--and mercy, and at the same time as the

perfection of all cruelty and injustice, in that He creates only to

destroy,--what if the seed scattered should take root? What if those

old sin-blackened souls should comfort themselves with the new

doctrine, the idea that no good can be lost? God cannot be God and

destroy any good thing. It is wicked, it is devilish to kill that

which is good. God cannot be wicked and be the good God, the kind

All-Father, at the same time. Nor has He created any so vile as to be

without some one virtue. In the dust of the evil He has not failed to

drop one grain of gold to glisten, and to make glad the dull waste of

life. The grain is there, planted by God's hand, in _every_ soul. It

was in _their_ souls, poor, old, sin-covered, forsaken souls, toiling

up to the light through those begrimed walls among the filth, and

dust, and mould. Not one of them but was God's work, and bore His

grain of gold. None would be lost, not one. What matter if the prison

registrar's table of deaths did record so many, Found dead! Drowned!

Killed! Shot! Blank! Blank! Blank! Meaning they disappeared, nobody

knows how or when.

It was a strange, sweet hope to them, that came in that wild sermon of

a bishop-silenced young heretic. They thought about it a good deal,

and began, some of them whose terms were to expire with life, to dig

down into the rust and mire with the spade of conscience for the

hidden grain.

The minister was at the stockade often, cheering, sympathizing, and

always comforting the convicts with the certainty of eternal love, and

the folly of eternal punishment. One day he stumbled upon a man who

was being strapped and prepared for punishment at the pump. His face

was sullen, and there were splotches of blood on his clothes, and he

limped when he attempted to walk. Still there was something in the

old, young face, that neither cruelty nor threats could kill. They

might turn on the icy water, and exhaust themselves with lashing him,

but that stoic determination would not yield. They might _murder_ him,

but from his fixed, dead eyes, _it_ would glare at them, that same

heroic, immovable _something_ that had shone in the staring eyes of

his dead mother.

No visitors were allowed in that part of the prison, so the minister

held back until, fearing the limp figure under the pump would be

beaten to death by the cruel pour of water upon his head, he stepped

forward to interfere.

"In God's name, I beg you stop," he cried, his hand uplifted, his eyes

full of tears. "Your punishment is beastly. What has the fellow done?

Is someone murdered?"

"Someone ought to be," sullenly replied the man at the pump-handle.

"And someone might be if this sneaking rascal was the only hope of

preventing it."

There had been a plot among the convicts to batter down the shaky old

stockade, and break for freedom. They had secured a gun and some

ammunition, where, no one could tell, and the plot had well-nigh

succeeded. The guard on the wall had been killed, three men had

escaped, and the prison bloodhounds were lying in the kennel with

their throats cut.

Already the governor of the State had telegraphed freedom to the

convicts not in the scheme who would give the names of those engaged

in it. Even the leader's name; for _that_ freedom was offered, pardon

unconditional.

Something let fall discovered to the warden that Jim, while not in,

was familiar with the whole history of the insurrection. The offer of

freedom had no further effect upon him than a careless refusal to

comply with the terms set forth. But when force was suggested, he set

his lips in that old way that belonged to his mother, and said

nothing. Three days they gave him to "knock under." But the only

change noticeable during that time was a more decided sullenness, a

look in the cold, gray eyes that meant death rather than yielding.

Once the soft-voiced young man who had put out his hand in his defence

the day of his arrival at the stockade, and had afterward called him

"friend," the only time he had ever heard the word addressed to

himself, once he came over where Jim sat cleaning the warden's boots,

and motioned him.

Jim shook his head, and went on blacking the big boots. But when the

young convict drew nearer, and tried to take his hand, he drew back,

and struck at him viciously with the blacking brush.

"Git out, will you! And don't come a-fooling with this brush, lest you

want your d--n head broke."

He had seen a guard spying upon them at a half open door in the rear

of the young convict. At Jim's outburst of temper the guard entered.

"Come away from him, Solly," he said, "the surly beast is as like as

not to knock your brains out."

The convict turned to obey, but the glance he got of Jim's face

carried a full explanation. The temper was affected to keep down

suspicion. After that came the punishment at the pump, the merciless

beating, and then, all things proving unavailing, he was put in the

dungeon to have the "truth starved out of him."

After three days he was brought out, faint, pale, ready to die at

every step, but with that same immovable _something_ shining in his

eyes, and his lips still set in the old way that he had of his mother.

His hands were manacled, and an iron chain clanked about his feet as

he dragged them wearily one after the other. For three days he had

tasted no food, except a rat that he had caught in the dungeon. He ate

it raw, like a dog, and searched eagerly for another. Just as he had

found it, and skinned it with the help of his teeth, the guard peered

through the grating, and seeing what he was doing, entered, and put

handcuffs upon him, after first removing the raw flesh to a point

where he could see, but not touch it. And there it lay, torturing him

while he starved. And there it lay until it became carrion, and

tortured him again. And then they had dragged him out again, out under

the blue sky, where the trees--the old sweet-smelling pines--were

waving their purple plumes upon the distant mountains, and the wild

grape filled the air with perfume, and the wild roses were pink as

childhood's sweet, young dreams, and over all was bended the blue

heaven. And heaven spread before him, heaven; behind him lay hell,

fifteen years of it less one. And they gave him choice again betwixt

the two. They even crammed a bit of moral in the offer. "It was

right," they said, "to tell on those who had broken the prison

regulations, mere justice to the lessees." Right! too late to talk to

him of right. He glanced once at the pines, going farther away,

whiffed at the pleasant odor of the grape blooms, waved his hand to

the roses, in farewell, perhaps, lifted his face to the blue

heaven--he had never looked heavenward before in all his wretched

years,--then, wearing that same old look of his mother's, he turned,

without a word, and re-entered the prison.

Back to the pump, the lash, and at last to the dungeon.

But he no longer dreaded it. It was the Sabbath, and the shackles had

been removed, but he was too weary to notice the rat that came out and

sat peering at him, nibbling at his wet prison clothes, and his feet

and hands. Even the carrion did not disturb any more. The scent of the

wild grape blooms was still in his nostrils. And when the day wore on,

and the two o'clock bell sounded, calling the men to Sunday school, he

started up with a cry of "Here." He had thought the bell a voice at

the dungeon door, and fancied that it said, "friend!"

He dropped back, with a smile on his lips. Could old Nance have peeped

in at that moment she would have pronounced him very like his mother

with that smile, and that stanch old heroism shining in his wide, dead

eyes.

* * * * *

Down in the office the registrar entered upon the death list:

"James Royal--Natural death."

Natural? then God help the unnatural.

"The worst one ever fell into our hands," the warden told the minster

as he came out of the chapel with the soft-voiced friend of the dead

man's. "Not a spark of good in _him_, parson. Jim Royal knocks your

theory all to pieces."

But the friend had been telling the minister a story. And as he passed

out at the rattling stockade gate, he, too, glanced up at the blue

sky. His doubts were gone, if there had been any, his faith was

planted in God's eternal goodness.

"Can such die?" he mused, "such faithfulness, such magnificent

courage, such glorious fidelity? Is it possible that such can pass

away into eternal torment?"

The soft wind touched his cheek and bore heavenward the prayer he

breathed:--

"Forbid it, Almighty God."

EDITORIAL NOTES.

RELIGIOUS INTOLERANCE TO-DAY. PERSECUTED FOR CONSCIENCE SAKE.

The decision recently handed down by Judge Hammond, of the United

States District Court, in the celebrated case of R. M. King, is rich

in lessons of vital importance to thoughtful minds at the present time

of unrest, when conservatism is seeking on every hand, even under the

cloak of radical movements, to secure statutes and legal constructions

of laws which may at an early day be used to fetter thought, crush

liberty, and throttle the vanguard of progress. Briefly stated, the

important facts in the case in question are as follows: Mr. King is an

honest, hard-working farmer. He is charged with no breach of morals;

in fact, it appears that he is a remarkably upright man. But he is a

Seventh Day Adventist; that is, he does not hold the same religious

views as the majority in his State. He stands in the same relation to

his countrymen as that occupied by the early disciples of Christ to

Roman society when Nero undertook to punish Christians by kindling

nightly human fires for the delectation of conservative or majority

thought. He is of the minority, even as the Huguenots were in the

minority when the Church tortured, racked, and burned them for the

glory of God and the good of humanity. He is of the minority, as was

Roger Williams when, in 1635, the popular and conventional thought of

Salem banished him. Mr. King is not an infidel or even a doubter. On

the contrary he is ardently religious, being a zealous and

conscientious member of a sect of Christians noted for their piety and

faith. The Adventists, of whom he is an honored member, it must be

remembered, hold somewhat peculiar views about the second advent of

Christ. They believe they find in the Bible commands making it

obligatory upon them to keep holy the seventh day of the week, or the

Hebrew Sabbath, instead of Sunday, the holiday and rest day observed

by most Christian denominations. Now it was shown in the trial that,

conforming to his belief, Mr. King strictly observed the Sabbath on

Saturday, but being a poor farmer he could not afford to rest two days

each week, or over one hundred days in the year, and, therefore, after

having kept the Sabbath he plowed in his field on Sunday. This aroused

the pious indignation of the narrow-minded and bigoted members of the

community who profess to follow that great Leader who taught us to

judge not, to resist not evil, and to do unto others as we would have

others do unto us. These Christians (?) who, unfortunately for the

cause of justice and religious liberty, are in the majority in

Tennessee, had this conscientious, God-fearing man arrested as a

common felon, and convicted of the heinous crime (?) of

Sabbath-breaking by plowing on Sunday. He appealed to the Supreme

Court, and the sentence was affirmed. Then the Adventists and the

National Secular Association took up the case. Hon. Don M. Dickinson

was engaged as counsel, and the case was taken to the Federal Court

last November on a writ of habeas corpus, the contention being that

the conviction was contrary to the bill of rights of Tennessee and the

Constitution of the United States, and that the defendant was held

prisoner by the sheriff without due process of law. The application

was argued several months ago, and Judge Hammond has had it under

advisement until recently, when his decision was given in which the

defendant was remanded back to the custody of the sheriff to pay the

fine or serve the time according to the sentence. This decision holds

that malice, religious or otherwise, may dictate a prosecution, but if

the law has been violated this fact does not shield the law-breaker.

Neither do the courts require that there shall be some moral obloquy

to support a given law before enforcing it, and it is not necessary to

maintain that to violate the Sunday observance customs shall be of

itself immoral to make it criminal in the eyes of the law.

Suggestive, indeed, are the lessons of this great judicial crime

against liberty, justice, and God. In the first place it illustrates

the fact which must long since have become apparent to thinking men

that the guarantee of the Constitution of the United States, which,

more than aught else, has made this Republic the flower of all

preceding nations, is yearly becoming less and less regarded by the

small men and narrow minds who interpret law and who, instead of

showing how unconstitutional any law is which violates the great

charter of right, yield to the present craze for Governmental

Paternalism, paying no more heed to our Constitution than if it was

the ukase of a Czar. In numerous instances during the past decade has

this solemn fact been emphasized, until it is evident that with the

reaction toward Paternalism and centralization has come the old time

spirit of intolerance and moral obloquy on the part of the governing

powers which has been one of the chief curses of the ages, entailing

indescribable misery on the noblest and best, and holding in

subjection the vanguard of progress, which always has been and always

will be the minority, regarded by the majority as dangerous innovators

or disseminators of false theories and doctrines. In my article on

Socialism I noted the case of Mr. King, observing that:--

He in no way deserves the shameful imprisonment he is suffering;

yet the prejudice of the majority sustains the infamous law that

makes criminals of the innocent and takes not into consideration

the rights of the minority. _And what is more, the religious

press is so dominated by bigotry and ancient prejudice that it is

blind alike to the Golden Rule and the inexorable demands of

justice._ If in any State the Adventists, the Hebrews, or any

other people who believed in observing Saturday instead of Sunday

should happen to predominate, and they undertook to throw

Christians into dungeons, and after branding them criminals

should send them to the penitentiary for working on Saturday,

indignation would blaze forth throughout Christendom against the

great injustice, the wrong against the liberty of the rights of

the citizen. The only difference is that poor Mr. King is in the

minority; he is the type of those who always have been and always

will be made to suffer when the government is strong enough to

persecute all who do not accept what is considered truth and

right by the majority.

In replying to my paper Mr. Bellamy thus flippantly dismissed this

case: "Of this it may be remarked that had it happened two centuries

ago it would have been symptomatic; to-day it is a curiosity." It will

be observed that in order to minify the dangers of Paternalism, Mr.

Bellamy entirely ignored the point I had italicized, viz.: the

Christian sentiment of society was not outraged and what was more,

"_the religious press was so dominated by bigotry and ancient

prejudice that it was blind alike to the Golden Rule and the

inexorable demands of justice_." To-day we are told that this great

judicial crime is a curiosity, although the religious bigotry of the

majority has been upheld by the lower, the federal, and supreme

courts, while the religious press has, with rare exceptions,

sanctioned the persecution or ignored the case.

In vain the long-cherished idea that this country was to pass down the

cycle of time known as the land of freedom; that it was to be forever

the asylum for religious liberty and the cradle of progress, unless

the sober thought of our people be at once aroused to stem the rising

tide of Governmentalism and the steady encroachment of religious

organizations and despotic foreign thought.

Comparatively few of the leading secular journals[6] have deemed this

outrage sufficiently important to call for editorial comment,

notwithstanding it marks the establishing of a precedent which must

inevitably work great misery to innocent people at the hands of

religious fanatics, unless there is a sufficient agitation to cause

the repeal of many iniquitous laws which are a menace to the rightful

freedom of citizens as long as they remain on the statute books.

[6] Among the few papers which have denounced this judicial

crime are the New York _Commercial Advertiser_ and the St.

Louis _Republic_. The former journal observes: "It seems

that the glorious clause of the Constitution can give no

protection to men who conscientiously believe they should

literally observe the Fourth Commandment.... It seems that

when a State seeks to enforce religious duty all consciences

must bow before it. That is to say, if, for example, the

Catholics of Louisiana were to pass a law that no man should

taste meat on Friday, the act would be no infringement of

religious liberty.

There can be but one opinion upon this decision among all

liberal-minded men. It is odious sophistry, unworthy of the

age in which we live. And under it an American citizen has

been condemned to spend the rest of his days in a dungeon

unless he shall stoop to deny the dictates of his own

conscience and dishonor his own manhood.

The Arena, Volume 4, No. 23, October, 1891 · 第 10 / 11 段