THE BOYS CAPTURE REBELS AND ADMINISTER THE OATH.
THE REBEL Major accepted the unexpected turn of events with soldierly
philosophy. Tuggers, captured in a blue uniform, saw the ignominious
fate of a spy loom up before his eyes. His face grew very white and set.
He sat down on a log, looked far away, and seemed oblivious to everything
around him.
Jeff Hackberry and Sol Simmons were frightened into nerveless terror,
and occasionally sighed and groaned audibly. Their men huddled together
like frightened sheep, and looked anxiously at every move of their
captors.
'Squire Corson had ventured two or three remarks in a judicial and
advisory way, but had been ordered by Capt. McGillicuddy to sit down and
keep quiet. He took a seat on a stump, pulled a large bandana out of
his beaver crowned hat, wiped his bald head, and anxiously surveyed the
scene as if looking for an opportunity when the power and dignity of the
State of Tennessee might be invoked to advantage.
Only Mrs. Bolster retained her aggressiveness and her tongue. If
anything, she seemed to be more savage and virulent than ever. She was
wild that she had been outwitted, and particularly by Si, whose fluent
speech had returned the moment the{224} firecrackers went oif. She
poured out volleys of scorching epithets on all the Yankees from
President Lincoln down to Corp'l Si Klegg, and fervently invoked for
them speedy death and eternal torment where the worm dieth not and the
fire is not quenched.
Capt. McGillicuddy rounded up his prisoners, took arms from those
who still retained them, had Si and Shorty do what they could toward
dressing the Major's wound, and then began an examination of the house.
He found abundant evidence of all that he, Si and Shorty had believed
of it. It was a rendezvous for spies, both great and small--both those,
like Mrs. Bolster, who infested our camps, and got news of whatever
was going on there, and those who operated on a larger scale, passing
directly from the Headquarters of the rebels to the Headquarters of
ours, and to the rear, and the sources of information at Nashville
and Louisville. It was an important station on the route for smuggling
gun-caps, quinine, medicines and other contraband from the North.
Quantities of these were there waiting to be forwarded. As the source of
the fighting whisky introduced into the camp of the 200th Ind. too much
was known of it to require any further information. And it was more than
probable that it was the scene of darker crimes--Union soldiers lured
thither under some pretext, murdered and robbed.
"How in the world am I going to break this infernal nest up?" said
Capt. McGillicuddy, with a puzzled air, after he had ordered the whisky
destroyed and the other things gotten in shape to send{225} back to
camp. "By rights, I ought to burn that house down, but that would leave
all these children without shelter. By the same token, I ought to shoot
or at least send off to prison that old she-catamount, but that would
mean starving the children to death. I declare, I don't know what to
do."
He had drawn apart a little with Si and Shorty, to whom he spoke
confidentially, while casting his eyes about him as if seeking some
solution of the problem.
"If you'll allow me. Captain," said Shorty, "I've an idee. Now that
we've got the trap, let's set it agin, and see if we can't ketch some
more."
"Splendid idea. Shorty," said the Captain, catching on at once.
"And my idee," said Shorty, emboldened by the reception of his first
suggestion, "is that you take all the company but me and Si and four or
fire of the boys back to camp, leavin' us here until to-morrow at least.
There'll probably some very interestin' men happen along here to-night,
not knowing what's happened, and we'll jest quietly yank 'em in."
"That's good," assented the Captain.
"In the meantime," continued Shorty, "you kin be considerin' what you'll
do with the house. It may be best to let it stand, and watch it. That's
a good way to do with a bee-tree or a woodchuck hole.
"I believe you are right. I'll do as you say. Si, you and Shorty pick
out as many men as you want to stay with you. I'll leave one of these
horses with you. If you should happen to need any more, mount one of
the boys and send him back for help. I'll come out with the whole
company."{226}
Shorty and Si consulted together for a few minutes, picked out their
men, gave their names to the Captain, and received his assent to the
selection. Then Shorty said:
"Captain, you don't want to take that old woman, the 'Squire and that
skunk they call Jeff Hackberry back to camp with you, do you? Leave 'em
here with us. I've got a little scheme."
"The old woman and the 'Squire you can take and welcome," answered the
Captain. "I'll be glad to have them oif my hands. But Hackberry is a
rebel soldier. I don't know about giving him up."
"Leave him with us, then. We'll turn him back to you all right, and the
old woman and the 'Squire, too, if you want 'em."
"No," said the Captain, with an impatient wave of his hand. "Keep them,
do what you please with them. If you should accidentally kill the old
woman I should not be unduly distressed. But don't let Hackberry get
away from you. I'll take the rest back to camp, and I must start at
once, for it's getting late, and we didn't bring any rations with us.
Do you suppose you can find enough around the house to keep you till
morning?"
"O, yes," said Si. "There's a sack of meal in there and some side-meat.
We gave the old woman a lot of coffee. We'll make out all right."
The prisoners had been watching the Captain and his men with greatest
anxiety. They now saw Si with his squad take the 'Squire. Mrs. Bolster
and Hackberry off to one side, while the Captain placed the remainder of
the prisoners in the center of his company and started back to camp with
them.{227}
There was something in this separation that terrified even Mrs. Bolster,
who stopped railing and began to look frightened.
"What are yo'uns goin' to do with we'uns?" she inquired hoarsely of Si.
"You'll find out soon enough," said Si significantly. "Set down there
on that log and think about what you deserve. You might put in any spare
time you have in doing some big repentin'."
Hackberry began to whine and beg for mercy, but Shorty ordered him to
keep silent.
"I want you to understand," said the 'Squire, "that I'm a regerlarly
elected and qualified Magistrate o' the State o' Tennessee; that I'm
not subjeck to military laws, and if any harm comes to me you'll have to
answer for it to the State o' Tennessee."
"Blast the State o' Tennessee," said Shorty contemptuously. "When we git
through there won't be no State o' Tennessee. It'll be roasting in the
same logheap with South Caroliny and Virginny, with Jeff Davis brilin'
in the middle."
"Boys," ordered Si, "a couple of you look around the house and see if
you can't find a mattock and shovel."
Terrible fears assailed the three unhappy prisoners at this. What could
a mattock and shovel be wanted for but to dig their graves?
Shorty stepped over a little distance to a large clump of "red-sticks."
These grow in long wands of brilliant red, as straight as a corn-stalk,
and slenderer. They are much used about the farms of the South for rods
for rough measurement. He cut one off about six feet long and stripped
off its leaves.{228}
The anxious eyes of the prisoners followed every movement.
Two of the boys appeared with an old mattock and shovel.
"Guess you'd better dig right over there," said Si, indicating a little
bare knoll.
"Nothin' else's ever bin planted there. At least nothin's ever come up.
The chances are agin their comin' up if we plant 'em there."
"Stand up," said Shorty, approaching Hackberry with the bright crimson
rod in his hand. "I'm goin' to measure you for a grass-green suit
that'll last you till Gabriel blows his horn."
Hackberry gave a howl of terror. The 'Squire and Mrs. Bolster began a
clamor of protests.
"Don't fuss," said Shorty calmly to them, as he took Hackberry's
dimensions. "I ain't goin' to show no partiality. I'll serve you both
the same way. Your turns 'll come after his'n."
The children, aware that something unusual was going on, yet unable to
comprehend what it was, stood silently around, their fingers in
their mouths and their vacant eyes fixed in the stolid stare of the
mountaineer youth. Even the dogs were quiet, and seemed watching the
scene with more understanding than the children.
Mrs. Bolster's mood suddenly changed from bitter vituperation. She
actually burst into tears, and began pleading for her life, and making
earnest promises as to better conduct in the future. The 'Squire and
Hackberry followed suit, and blubbered like schoolboys. Mrs. Bolster
reminded Si and Shorty how she had saved them from being killed by
the{229} fierce Hackberry and the still fiercer Simmons. This seemed
to move them. She tried a ghastly travesty of feminine blandishments by
telling Shorty how handsome she had thought him, and had fallen in
love with him at first sight. Shorty gave a grimace at this. He and Si
stepped back a little for consultation.
When they came back Shorty said oracularly:
"Our orders is strict, and we should've carried 'em out at once. But,
talkin' with my partner here, we're reminded o' somethin'. We believe
it's the law that when a man or woman is sentenced to death the
execution kin be put off if they kin find anybody to marry 'em. Is that
good law, 'Squire?"
"H-m-m," answered the Magistrate, resuming his judicial manner at once;
"that is a general belief, and I've heard o' some instances of it. But
before sayin' positively, I should like to examine the authorities an'
hear argument."
"Well, there hain't goin' to be no continuance in this case for you to
look up authorities and hear arguments," said Shorty decisively. "We're
the higher court in this case, and we decided that the law's good enough
for it. We've settled that if Mrs. Bolster 'll marry Hackberry, and
Hackberry 'll marry Mrs. Bolster, and you'll marry 'em both, we'll grant
a stay o' proceedings in the matter o' the execution o' the sentence o'
death until we kin be advised by the higher authorities."
"I'll do anything. Mister," blubbered Hackberry. "I'll marry her this
minnit. Say the words, 'Squire."
"I've said I'd rather die 10 times over than marry yo', Jeff Hackberry,"
murmured Mrs. Bolster. "I've{280} bin the wife o' one ornery snipe of a
whisky-sucking sand-digger, and when the Lord freed me from him I said
I'd never git yoked with another. But I s'pose I've got to live for my
children, though the Lord knows the yaller-headed brats hain't wuth hit.
They're everyone of 'em their dad over agin--all Bolsters, and not wuth
the powder to blow 'em to kingdom come. I'd a heap ruther marry
Jeff Hackberry to make sure o' havin' him shot than to save him from
shootin'."
"You hain't no choice, Madam," said Shorty severely. "Law and orders is
strict on that pint."
"Well, then," said she, "since hit's a ch'ice betwixt death and Jeff
Hackberry, I'll take Jeff Hackberry, though I wouldn't take him on no
other terms, and I'm afeared I'm makin' a mistake as hit is."
"What do you say, 'Squire?" asked Shorty.
"I've bin studyin' on jest whar I come in," answered the Magistrate.
"These two save their necks by marryin', but do you understand that the
law says that the Magistrate who marries 'em gits his neck saved?"
"The court is not clear on that as a p'int o' law," said Shorty; "but in
the present case it'll hold that the 'Squire who does the splicin'
gets as much of a rake-off as the rest. This is not to be considered a
precedent, however."
"All right," assented the 'Squire; "let the couple jine hands."
With an air of glad relief, Hackberry sprang up and put out his hand.
Mrs. Bolster came up more slowly and reluctantly grasped his hairy fist
in her{231} large, skinny hand. The 'Squire stood up before them in his
most impressive attitude.
"Hold on," suddenly called out Tom Welch, who was the "guard-house
lawyer" of Co. Q, and constantly drawing the "Regulations," the
"Tactics," and the "Constitution and Laws of the United States," in
which he was sharply proficient, upon the members of the regiment. "I
raise the point that the 'Squire can't officiate until he has taken the
oath of allegiance to the United States."
Si and Shorty looked at one another.
"That's a good point," said Si. "He's got to take the oath of
allegiance."
"Never," shouted the 'Squire, who had begun to recover his
self-confidence. "Never, as long as I live. I've sworn allegiance to the
Southern Confederacy, and won't take no other oath."
"Grave for one!" called out Shorty to the boys with the pick and shovel,
as if he were giving an order in a restaurant. "Full size, and hurry up
with it."
He picked up his measuring rod and started to take the 'Squire's
dimensions.
The 'Squire wilted at once. "I s'pose I've got to yield to force," he
muttered. "I'll take the oath."
"Who knows the oath?" inquired Si. "Do you, Tom?"
"Not exactly," replied Tom, non-plused for once. "But I know the oath
we took when mustered in. That ought to do. What's good enough for us is
good enough for him."
"Go ahead," ordered Si.
"We ought to have a Bible by rights," said Tom.{232}
"Where kin we find your Bible, Mrs. Bolster, asked Si.
"We'uns air done clean out o' Bibles," she said, rather shamefacedly.
"Thar hain't nary one in the house. I allers said we orter have a Bible.
Hit looked 'spectable to have one in the house. But Andy allers wanted
every cent to guzzle on."
"Here's a Testament. That'll do," said Tom, handing Si one which some of
the boys had about him. "Le's make 'em all take the oath while we're at
it."
"You'll all raise your right hands," said Si, opening the book. "Place
your left on this book, and repeat the words after that man there,
givin' your own names." Si was as solemn about it as he believed
everyone should be at such a ceremony. Hackberry and Mrs. Bolster were
not sure which were their right hands, but Si finally got them started,
and Tom Welch repeated slowly and impressively:
"You do solemnly swear to support the Constitution and laws of the
United States, and all laws made in pursuance thereof, against all
enemies and opposers whatsoever, whether foreign or domestic, and to
obey the orders of all officers duly appointed over you. So help you
God, and kiss this book."
"And to quit liquor selling, smuggling, spying and giving aid and
comfort to the enemy," added Shorty, and this was joined to the rest of
the oath.
"I ought to have added that they wash their faces once a day, and put
more shortenin' and fillin' in Mrs. Bolster's pies," said Shorty in
an undertone to{233} Si. "But I suppose we oughtn't to ask impossible
things."
"Now go ahead with the wedding ceremony," ordered Si.
Again the 'Squire commanded them to join hands, and after mumbling
over the fateful words, pronounced Thomas Jefferson Hackberry and Mrs.
Sophronia Bolster man and wife.
"Now," said Shorty, who felt at last fully insured against a great
danger, "I believe it's the law and custom for all the witnesses to
a weddin' to see the bride and bridegroom in bed together. You'll go
inside the house and take one of them beds, and after we've seen you
there we'll consider your cases further. You're all right, anyway, until
we hear from camp to-morrow."
Amid the grins of the rest the boys conducted the newly-weds into the
house.
He and Si brought out the sack of meal, a few cooking utensils, a side
of bacon, and the package of coffee, which they gave to the other boys
to get supper with. They closed the door behind them, excluding the
children and dogs, and left the pair to their own reflections.
"Gentlemen, what air you gwine to do with me?" asked the 'Squire. "I'd
powerful like to git on home, if you've no further use for me."
"We hain't decided what to do with you, you old fomenter o' rebellion,"
said Si. "We ought to shoot you for what you've done in stirring up
these men to fight us. We'll settle your case to-morrow. You'll stay
with us till then. We'll give you your{234} supper, and after awhile you
kin go in and sleep in that other bed, with the children."
The 'Squire gave a dismal groan at the prospect, which was lost on the
boys, who were very hungry and hurrying around helping to get supper.
They built a fine fire and cooked a bountiful meal, of which all,
including the 'Squire and children, partook heartily. A liberal portion,
with big cups of strong coffee, were sent into the bridal couple. As
bed-time drew near, they sent the 'Squire and the children into the
house, and divided themselves up into reliefs to watch during the night.