which the latter was erected into a state, and passing to the northwest
of the regions then occupied by the French and Virginians, pitched his
tent upon the very verge of the frontier. He was a man of violent
passions, impatient of the restraints of law--arrogant, overbearing, and
inclined to the use of "the strong-hand." His removal had been caused by
a difficulty with one of his neighbors, in which he had attempted to
right himself without an appeal to the legal tribunals. In this attempt,
he had not only been thwarted, but also made to pay rather roundly for
his temerity; and, vexed and soured, he had at once abandoned his old
name, and marched off across the prairies, seeking a country in which,
as he said, "a man need not meet a cursed constable every time he left
his own door." His family consisted of three sons and one daughter, the
latter being, at the time of his emigration, about sixteen years of age.
In journeying toward the north, he halted one day, at noon, within a
"point" of timber, which extended a mile into the prairie, and was
surrounded by as beautiful a piece of rolling meadow-land, as one need
wish to see. He was already half-a-day's journey beyond the thicker
settlements; and, indulging a reasonable hope that he would not speedily
be annoyed by neighbors, he at once determined here to erect his
dwelling and open a new farm. With this view, he marked off a tract of
about four hundred acres, including the point of timber in which he was
encamped; and before the heats of summer came on, he had a cabin ready
for his reception, and a considerable amount of grain planted.
About a mile to the south, there was a similar strip of timber,
surrounded, like that of which he took possession, by a rich tract of
"rolling prairie;" and this he at once resolved to include in his farm.
But, reflecting that it must probably be some years, before any one else
would enter the neighborhood to take it up--and having only the
assistance of his sons, but two of whom had reached manhood--he turned
his attention, first, to the tract upon which he lived. This was large
enough to engross his efforts for the present; and, for two years, he
neglected to do anything toward establishing his claim to the land he
coveted. It is true, that he told several of his neighbors, who had now
begun to settle around him, that he claimed that piece, and thus
prevented their enclosing it; but he neither "blazed" nor marked the
trees, nor "staked off" the prairie.
In the meantime emigration had come in, so much more rapidly than he had
expected, that he found himself the centre of a populous neighborhood;
and among other signs of advancing civilization, a company of regulators
had been organized, for the protection of life and property. Of this
band, Elwood, always active and forward, had been chosen leader; and the
vigor and severity with which he had exercised his functions, had given
a degree of quiet to the settlements, not usually enjoyed by these
frontier communities. One example had, at the period of the opening of
our story, but recently been made; and its extreme rigor had frightened
away from the neighborhood, those who had hitherto disturbed its peace.
This was all the citizens desired; and, having accomplished their ends,
safety and tranquillity, those whose conservative character had
prevented the regulator system from running into excesses, withdrew from
its ranks--but took no measures to have it broken up. It was thus left,
with recognised authority, in the hands of Elwood, and others of his
violent and unscrupulous character.
Things were in this position, when, on his return from an expedition of
some length, Elwood bethought him of the handsome tract of land, upon
which he had so long ago set his heart. What were his surprise and rage
on learning--a fact, which the absorbing nature of his regulator-duties
had prevented his knowing sooner--that it was already in possession of
another! And his mortification was immeasurably increased, when he was
told, that the man who had thus intruded upon what he considered his own
proper demesne, was none other than young Grayson, the son of his old
Kentucky enemy! Coming into the neighborhood, in the absence of Elwood,
the young man, finding so desirable a tract vacant, had at once taken
possession; and by the return of the regulator had almost finished a
neat and "roomy" cabin. He had "blazed" the trees, too, and "staked off"
the prairie--taking all those steps then deemed necessary, on the
frontier, to complete appropriation.
Elwood's first step was to order him peremptorily, to desist, and give
up his "improvement"--threatening him, at the same time, with certain
and uncertain pains and penalties, if he refused to obey. But Grayson
only laughed at his threats, and went stoutly on with his work. When the
young men, whom he had hired to assist him in building his house, gave
him a friendly warning, that Elwood was the leader of a band of
regulators, and had power to make good his menaces, he only replied that
"he knew how to protect himself, and, when the time came, should not be
found wanting." Elwood retired from the contest, discomfited, but
breathing vengeance; while Grayson finished his house and commenced
operations on his farm. But those who knew the headlong violence of
Elwood's character, predicted that these operations would soon be
interrupted; and they were filled with wonder, when month after month
passed away, and there were still no signs of a collision.
In the meantime, it came to be rumored in the settlement, that there was
some secret connection between Grayson and Elwood's daughter, Hannah.
They had been seen by several persons in close conversation, at times
and places which indicated a desire for concealment; and one person even
went so far as to say, that he had been observed to kiss her, on
parting, late in the evening. Whatever may have been the truth in that
matter, it is, at all events, certain, that Grayson was an unmarried
man; and that the quarrel between the parents of the pair in Kentucky,
had broken up an intimacy, which bade fair to issue in a marriage; and
it is probable, that a subordinate if not a primary, motive, inducing
him to take possession of the disputed land, was a desire to be near
Hannah. Nor was this wish without its appropriate justification; for,
though not strictly beautiful, Hannah was quite pretty, and--what is
better in a frontier girl--active, fresh, and rosy. At the time of
Grayson's arrival in the settlement, she was a few months past eighteen;
and was as fine material for a border wife, as could be found in the new
state. The former intimacy was soon renewed, and before the end of two
months, it was agreed that they should be married, as soon as her
father's consent could be obtained.
But this was not so easily compassed; for, all this time, Elwood had
been brooding over his defeat, and devising ways and means of recovering
the much-coveted land.
At length, after many consultations with a fellow named Driscol, who
acted as his lieutenant in the regulator company, he acceded to a
proposition, made long before by that worthy, but rejected by Elwood on
account of its dishonesty. He only adopted the plan, now, because it was
apparently the only escape from permanent defeat; and long chafing under
what he considered a grievous wrong, had made him reckless of means, and
determined on success, at whatever cost.
One morning, about a week after the taking of this resolution, it was
announced that one of Elwood's horses had been stolen, on the night
before; and the regulators were straightway assembled, to ferret out and
punish so daring an offender. It happened (accidently, _of course_) to
be a horse which had cast one of its shoes, only the day before; and
this circumstance rendered it easy to discover his trail. Driscol,
Elwood's invaluable lieutenant, discovered the track and set off upon
it, almost as easily as if he had been present when it was made. He led
the party away into the prairie toward the east; and though his
companions declared that they could now see nothing of the trail, the
sharp-sighted lieutenant swore that it was "as plain as the nose on his
face"--truly, a somewhat exaggerated expression: for the color, if not
the size, of that feature in his countenance, made it altogether too
apparent to be overlooked! They followed him, however, convinced by the
earnestness of his asseverations, if not by their own eyes, until, after
going a mile toward the east, he began gradually to verge southward,
and, having wound about at random for some time, finally took a direct
course, for the point of timber on which Grayson lived!
On arriving at the point, which terminated, as usual, in a dense
hazel-thicket, Driscol at once pushed his way into the covert, and lo!
there stood the stolen horse! He was tied to a sapling by a halter,
which was clearly recognised as the property of Grayson, and leading off
toward the latter's house, was traced a man's footstep--_his_, of
course! These appearances fully explained the theft, and there was not a
man present, who did not express a decided conviction that Grayson was
the thief.
Some one remarked that his boldness was greater than his shrewdness,
else he would not have kept the horse so near. But Driscol declared,
dogmatically, that this was "the smartest thing in the whole business,"
since, if the trail could be obliterated, no one would think of looking
_there_ for a horse stolen only a mile above! "The calculation" was a
good one, he said, and it only failed of success because he, Driscol,
happened to have a remarkably sharp sight for all tracks, both of horses
and men. To this proposition, supported by ocular evidence, the
regulators assented, and Driscol stock, previously somewhat depressed by
sundry good causes, forthwith rose in the regulator market to a
respectable premium!
Having recovered the stolen property, the next question which presented
itself for their consideration, was in what way they should punish the
thief. To such men as they, this was not a difficult problem: without
much deliberation, it was determined that he must be at once driven from
the country. The "days of grace," usually given on such occasions, were
ten, and in pursuance of this custom, it was resolved that Grayson
should be mercifully allowed that length of time, in which to arrange
his affairs and set out for a new home: or, as the regulators expressed
it, "make himself scarce." Driscol, having already, by his praise-worthy
efforts in the cause of right, made himself the hero of the affair, was
invested with authority to notify Grayson of this decree. The matter
being thus settled, the corps adjourned to meet again ten days
thereafter, in order to see that their judgment was duly carried into
effect.
Meantime, Driscol, the official mouthpiece of the self-constituted court
of general jurisdiction, rode away to discharge himself of his onerous
duties. Halting at the low fence which enclosed the scanty door-yard he
gave the customary "Halloo! the house!" and patiently awaited an answer.
It was not long, however, before Grayson issued from the door and
advanced to the fence, when Driscol served the process of the court _in
haec verba_:--
"Mr. Grayson, the regulators of this settlement have directed me to give
you ten days' notice to leave the country. They will meet again one week
from next Friday, and if you are not gone by that time, it will become
their duty to punish you in the customary way."
"What for?" asked Grayson, quietly.
"For stealing this horse," the functionary replied, laying his hand on
the horse's mane, "and concealing him in the timber with the intention
to run him off."
"It's Elwood's horse, isn't it?"
"Yes," answered Driscol, somewhat surprised at Grayson's coolness.
"When was he stolen?" asked the notified.
"Last night," answered the official; "I suppose you know very well
without being told."
"Do you, indeed?" said Grayson, smiling absently. And then he bent his
eyes upon the ground, and seemed lost in thought for some minutes.
"Well, well," said he at length, raising his eyes again. "I didn't steal
the horse, Driscol, but I suppose you regulators know best who ought to
be allowed to remain in the settlement, so of course I shall have to
obey."
"I am glad to find you so reasonable," said Driscol, making a movement
to ride away.
"Stop! stop!" said Grayson: "don't be in a hurry! I shall be gone before
the ten days are up, and you and I may not meet again for a long time,
so get down and come in: let us take a parting drink together. I have
some excellent whiskey, just brought home."
Now, the worthy functionary, as we have intimated, or as the aforesaid
nose bore witness, was "quite partial" to this description of produce:
some of his acquaintances even insinuating that he took sometimes "a
drop too much;" and though he felt some misgiving about remaining in
Grayson's company longer than his official duties required, the
temptation was too strong for him, and, silencing his fears, he sprang
to the ground.
"Tie your horse to the fence, there," said Grayson, "and come in."
Driscol obeyed, and it was not long before he was seated in the cabin
with a tin-cup in his hand, and its generous contents finding their way
rapidly down his capacious throat.
"Whiskey is a pleasant drink, after all, isn't it?" said Grayson,
smiling at the gusto with which Driscol dwelt upon the draught, and at
the same moment he rose to set his cup on the table behind the official.
"Very pleasant indeed," said Driscol, in reply, and to prove his
sincerity, he raised his cup again to his lips. But this time he was not
destined to taste its contents. It was suddenly dashed from his hand--a
saddle-girth was thrown over his arms and body--and before he was aware
of what was being done, he found himself securely pinioned to the chair!
A rope was speedily passed round his legs, and tied, in like manner,
behind, so that he could, literally, move neither hand nor foot! He made
a furious effort to break away, but he would not have been more secure
had he been in the old-fashioned stocks! He was fairly entrapped, and
though he foamed, and swore, and threatened, it all did no manner of
good. Of this he at length became sensible, and grinding his teeth in
impotent rage, he relapsed into dogged silence.
Having thoroughly secured his prisoner, Grayson, who was something of a
wag, poured out a small quantity of the seductive liquor, and coming
round in front of the ill-used official, smiled graciously in his face,
and drank "a health"--
"Success to you, Mr. Driscol," said he, "and long may you continue an
ornament to the distinguished company of which you are an honored
officer!"
Driscol ground his teeth, but made no reply, and the toast was drunk,
like some of those impressive sentiments given at public dinners, "in
profound silence!"
Having drained the cup, Grayson deposited it upon the table and himself
in a chair; and, drawing the latter up toward his companion, opened the
conference thus:--
"I think I have you pretty safe, Driscol: eh!"
The lieutenant made no reply.
"I see you are not in a very sociable humor," continued Grayson; "and,
to tell you the truth, I am not much that way inclined myself: but I am
determined to get to the bottom of this affair before you shall leave
the house. I am sure you know all about it; and if you don't, why the
worse for you, that's all."
"What do you mean?" demanded Driscol, speaking for the first time.
"I mean this," Grayson answered sternly: "I did not take that horse from
Elwood's--_but you did_: I saw you do it. But since my testimony will
not be received, I am determined that you shall give me a certificate in
writing that such is the fact. You needn't look so obstinate, for by the
God that made us both! you shall not leave that chair alive, unless you
do as I say!"
Grayson was a large, rather fleshy man, with a light complexion and blue
eyes; and, though good-natured and hard to arouse, when once in earnest,
as now, like all men of his stamp, he both looked, and was, fully
capable of carrying his menaces into execution. The imprisoned
functionary did not at all like the expression of his eye, he quailed
before it in fear and shame. He was, however, resolved not to yield,
except upon the greatest extremity.
"Come," said Grayson, producing materials for writing; "here are pen,
ink, and paper: are you willing to write as I dictate?"
"No," said Driscol, doggedly.
"We'll see if I can't make you willing, then," muttered his captor; and,
going to the other end of the cabin, he took down a coil of rope, which
hung upon a peg, and returned to his captive. Forming a noose at one
end, he placed it about Driscol's neck, and threw the other end over a
beam which supported the roof.
"Are you going to murder me?" demanded the official in alarm.
"Yes," answered Grayson, drawing the loose end down, and tightening the
noose about Driscol's throat.
"You'll suffer for this," said the lieutenant furiously.
"That won't help _you_ much," coolly replied Grayson, tugging at the
rope, until one leg of the chair gave signs of rising from the floor,
and Driscol's face exhibited unmistakable symptoms of incipient
strangulation.
"Stop! stop!" he exclaimed, in a voice reduced to a mere wheeze--and
Grayson "eased off" to hear him.
"Won't anything else satisfy you but a written certificate?" he
asked--speaking with difficulty, and making motions as if endeavoring to
swallow something too large to pass the gate of his throat.
"Nothing but that," answered Grayson, decidedly; "and if you don't give
it to me, when your regulator friends arrive, instead of me, they will
find you, swinging from this beam by the neck!" And, seeing his victim
hesitate, he again tugged at the rope, until the same signs were
exhibited as before--only a little more apparently.
"Ho--hold, Grayson!" begged the frightened and strangling lieutenant;
and, as his executioner again relaxed a little, he continued: "Just let
me up, and I'll do anything you want."
"That is to say," laughed Grayson, "you would rather take the chances of
a fight, than be hung up like a sheep-stealing dog! Let you up, indeed!"
And once more he dragged the rope down more vigorously than ever.
"I--didn't--mean that--indeed!" gulped the unhappy official, this time
almost strangled in earnest.
"What _did_ you mean then?" sternly demanded Grayson, relaxing a little
once again.
"I will write the certificate," moaned the unfortunate lieutenant, "if
you will let one arm loose, and won't tell anybody until the ten days
are out--"
"Why do you wish it kept secret!"
"If I give such a certificate as you demand," mournfully answered the
disconsolate officer, "I shall have to leave the country--and I want
time to get away."
"Oh! that's it, is it? Well--very well."
About an hour after this, Driscol issued from the house, and, springing
upon the horse, rode away at a gallop toward Elwood's. Here he left the
animal, but declined to enter; telling Hannah, who happened to be in the
yard, to say to her father that "it was all right," he pushed on toward
home--tenderly rubbing his throat, first with the right hand and then
with the left, all the way. Three days afterward, he disappeared from
the settlement, and was heard of no more.
Grayson waited until near nightfall, and then took his way, as usual, to
a little clump of trees, that stood near Elwood's enclosures, to meet
Hannah. Here he stayed more than an hour, detailing the circumstances of
the accusation against him, and laughing with her, over the ridiculous
figure cut by her father's respectable lieutenant. Before they parted
their plans were all arranged, and Grayson went home in excellent humor.
What these plans were, will be seen in the sequel.
Eight days went by without any event important to our story--Hannah and
Grayson meeting each evening, in the grove, and parting again
undiscovered. On the ninth day, the former went to the house of a
neighbor, where it was understood that she was to remain during the
night, and return home on the following morning. Grayson remained on his
farm until near sunset, when he mounted his horse and rode away. This
was the last of his "days of grace;" and those who saw him passing along
the road, concluded that he had yielded to the dictates of prudence, and
was leaving the field.
On the following morning, the regulators assembled to see that their
orders had been obeyed; and, though Elwood was a little disconcerted by
the absence of Driscol, since it was understood that Grayson had left
the country, the meeting was considered only a formal one, and the
presence of the worthy lieutenant was not indispensable. They proceeded
in high spirits to the premises, expecting to find the house deserted
and waiting for an occupant. Elwood was to take immediate possession,
and, all the way across the prairie, was felicitating himself upon the
ease and rapidity of his triumph. What was their surprise, then, on
approaching the house, to see smoke issuing from the chimney, as
usual--the door thrown wide open, and Grayson standing quietly in front
of it! The party halted and a council was called, but its deliberations
were by no means tedious: it was forthwith determined, that Grayson
stood _in defiance of the law_, and must be punished--that is,
"lynched"--without delay! The object of this fierce decree, all unarmed
as he was, still stood near the door, while the company slowly
approached the fence. He then advanced and addressed them:--
"I think the ten days are not up yet, gentlemen," said he mildly.
"Yes, they are," answered Elwood quickly; "and we are here to know
whether you intend to obey the authorities, and leave the country?"
"I think, Elwood," said the young man, not directly replying, "this
matter can be settled between you and me, without bloodshed, and even
without trouble. If you will come in with George and John [his sons], I
will introduce you to my wife, and we can talk it over, with a glass of
whiskey."
Another consultation ensued, when, in order to prove their dignified
moderation, they agreed that Elwood and his sons should "go in and see
what he had to say."
Elwood, the elder, entered first: directly before him, holding her sides
and shaking with laughter, stood his rosy daughter, Hannah!
"_My wife_, gentlemen," said Grayson, gravely introducing them. Hannah's
laughter exploded.
"O, father, father, father!" she exclaimed, leaning forward and
extending her hands; "ain't you caught, beautifully!"
The laugh was contagious; and though the elder knit his brows, and was
evidently on the point of bursting with very different emotions, his
sons yielded to its influence, and, joining Hannah and her husband,
laughed loudly, peal after peal!
The father could bear it no longer--he seized Hannah by the arm and
shook her violently, till she restrained herself sufficiently to speak;
as for him, he was speechless with rage.
"It's entirely too late to make a 'fuss,' father," she said at length,
"for here is the marriage-certificate, and Grayson is your son!"
"I have not stolen your horse, Elwood," said the bridegroom, taking the
paper which the father rejected, "though I have run away with your
daughter. And," he added, significantly, "since if you had this land,
you would probably give it to Hannah, I think you and I had better be
friends, and I'll take it as her marriage-portion."
"If you can show that you did not take the horse, Grayson," said George,
the elder of the two sons, "I'll answer for that: but----"
"That I can do very easily," interrupted the young husband, "I have the
proof in my pocket."
He caught Elwood's eye as he spoke, and reassured him with a look, for
he could see that the old man began to apprehend an exposure in the
presence of his sons. This forbearance did more to reconcile him to his
discomfiture than aught else, save the influence of George; for, like
all passionate men, he was easily swayed by his cooler children. While
Hannah and her brothers examined the marriage certificate, and laughed
over "the stratagem," Grayson drew Elwood aside and exhibited a paper,
written in a cramped, uneven hand, as follows:--