CHAPTER I.

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Transcriber’s Note:

This version of the text cannot represent certain typographical effects.

Italics are delimited with the ‘_’ character as _italic_.

Minor errors, attributable to the printer, have been corrected. Please

see the transcriber’s note at the end of this text for details regarding

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THE WAYS OF THE HOUR.

[Illustration:

The Theft

_The Ways of the Hour_

]

[Illustration:

“This bears some resemblance, Mr. Wilmeter, to an interview

in a convent. I am the novice, you the excluded friend, who is

compelled to pay his visit through a grate.”

_Ways of the Hour. Page 115._

]

THE

WAYS OF THE HOUR.

_A TALE._

BY

J. FENIMORE COOPER.

‘Is this the way

I must return to native dust?’

NEW YORK:

D. APPLETON AND COMPANY,

1892.

------------------------------------------------------------------------

Entered, according to the Act of Congress, In the year 1861, by

W. A. TOWNSEND AND COMPANY,

In the Clerk’s Office of the District Court for the Southern District of

New York.

[Illustration]

PREFACE.

-----------------------

The object of this book is to draw the attention of the reader to some

of the social evils that beset us; more particularly in connection with

the administration of criminal justice. So long a time has intervened

since the thought occurred, and so many interruptions have delayed the

progress of the work, that it is felt the subject has been very

imperfectly treated; but it is hoped that enough has been done to cause

a few to reflect on a matter of vital importance; one that to them may

possess the interest of novelty.

A strange indifference exists as to the composition of the juries. In

our view, the institution itself, so admirable in a monarchy, is totally

unsuited to a democracy. The very principle that renders it so safe

where there is a great central power to resist, renders it unsafe in a

state of society in which few have sufficient resolution to attempt even

to resist popular impulses.

A hundred instances might be given in which the juries of this country

are an evil; one or two of which we will point out. In trials between

railroad companies and those who dwell along their lines, prejudice is

usually so strong against the former, that justice for them is nearly

hopeless. In certain parts of the country, the juries are made the

instruments of defeating the claims of creditors who dwell at a

distance, and are believed to have interests opposed to the particular

community where the debtor resides. This is a most crying evil, and has

been the source of many and grievous wrongs. Whenever there is a motive

for creating a simulated public opinion, by the united action of several

journals, justice is next to hopeless; such combinations rarely, if

ever, occurring in its behalf. In cases that are connected with the

workings of political schemes, and not unfrequently in those in which

political men are parties to the suits, it is often found that the

general prejudices or partialities of the out-door factions enter the

jury-box. This is a most serious evil too; for, even when the feeling

does not produce a direct and flagrant wrong, it is very apt so far to

temper the right as to deprive it of much of its virtue. In a country

like this, in which party penetrates to the very bottom of society, the

extent of this evil can be known only to those who are brought into

close contact with the ordinary workings of the institution.

In a democracy, proper selections in the material that are necessary to

render juries safe, become nearly impossible. Then, the tendency is to

the accumulation of power in bodies of men; and in a state of society

like our own, the juries get to be much too independent of the opinion

of the court. It is precisely in that condition of things in which the

influence and authority of the judge guide the juror, and the

investigation and substantial power of the juror react on the

proceedings of the court, that the greatest benefits have been found to

accrue from this institution. The reverse of this state of things will

be very likely to produce the greatest amount of evil.

It is certain that the juries are falling into disrepute throughout the

length and breadth of the land. The difficulty is to find a substitute.

As they are bodies holding the lives, property and character of every

member of the community, more or less, in their power, it is not to be

supposed that the masses will surrender this important means of

exercising their authority voluntarily, or with good will. Time alone

can bring reform through the extent of the abuses.

The writer has not the vanity to suppose that any thing contained in

this book will produce a very serious impression on the popularity of

the jury. Such is not its design. All that is anticipated is to cause a

portion of his readers to reflect on the subject; persons who probably

have never yet given it a moment of thought.

There is a tendency, at the present time, to court change for its own

sake. This is erroneously termed a love of reform. Something very like a

revolution is going on in our midst, while there is much reason to

apprehend that few real grievances are abated; the spurious too

exclusively occupying the popular mind, to render easy a just

distinction between them. When an American prates about aristocracy, it

is pretty safe to set him down as knavish or ignorant. It is purely

cant; and the declaimers would be puzzled to point to a single element

of the little understood and much decried institution, the country being

absolutely without any, unless the enjoyment of the ordinary rights of

property can be so considered. But the demagogue must have his war-cry

as well as the Indian; and it is probable he will continue to whoop as

long as the country contains minds weak enough to furnish him with

dupes.

COOPERSTOWN, _March 12, 1850_.

[Illustration]

THE WAYS OF THE HOUR.

-----------------------

CHAPTER I.

_Mar._ My lord Aumerle, is Harry Hereford armed?

_Aum._ Yea, at all points; and longs to enter in.

_King Richard II._

In one respect, there is a visible improvement in the goodly town of

Manhattan, and that is in its architecture. Of its growth, there has

never been any question, while many have disputed its pretension to

improvement. A vast expansion of mediocrity, though useful and imposing,

rarely satisfies either the judgment or the taste; those who possess

these qualities, requiring a nearer approach to what is excellent, than

can ever be found beneath the term just mentioned.

A town which is built of red bricks, that are faced with white marble,

the whole garnished with green blinds, can never have but one outward

sign—that of tawdry vulgarity. But this radical defect is slowly

disappearing from the streets of Manhattan; and those who build, are

getting to understand that architecture, like statuary, will not admit

of strong contrasts in colours. Horace Walpole tells us of a certain old

Lord Pembroke, who blackened the eyes of the gods and goddesses in the

celebrated gallery at Wilton, and prided himself on the achievement, as

if he had been another Phidias. There have been thousands of those who

have laboured in the spirit of this Earl of Pembroke in the streets of

all the American towns; but travelling, hints, books and example, are

slowly effecting a change; and whole squares may now be seen in which

the eye rests with satisfaction on blinds, facings and bricks, all

brought to the same pleasing, sober, architectural tint. We regard this

as the first step, in advance, that has been made in the right

direction, so far as the outward aspect of the town is concerned, and

look forward, with hope, to the day when Manhattan shall have banished

its rag-fair finery altogether, and the place will become as remarkable

for the chaste simplicity of its streets, as they have hitherto been for

their marked want of taste.

With this great town, mottled as it is, in people as well as in hues,

with its native population collected from all parts of this vast

republic, and its European representatives amounting to scores of

thousands, we shall have much to do in the succeeding pages. Our

researches, however, will be bestowed more on things moral than on

things physical; and we shall endeavour to carry the reader with us

through scenes that, we regret to say, are far more characteristic than

novel.

In one of the cross streets that communicate with Broadway, and below

Canal, stands a dwelling that is obnoxious to all the charges of bad

taste to which there has already been allusion, as well as to certain

others that have not yet been named, at all. A quarter of a century

since, or within the first twenty years of its own existence, the house

in question would have been regarded as decidedly patrician, though it

is now lost amid the thousands of similar abodes that have arisen since

its own construction. There it stands, with its red bricks periodically

painted redder; its marble facings, making a livery of red turned up

with white; its green blinds, its high stoop, its half-buried and low

basement, and all its neatness and comfort, notwithstanding its flagrant

architectural sins. Into this building we now propose to enter, at the

very early hour of eight in the morning.

The principal floor was divided, as usual, between a dining and a

drawing-room, with large communicating doors. This was the stereotyped

construction of all Manhattanese dwellings of any pretension, a quarter

of a century since; and that of Mr. Thomas Dunscomb, the owner and

occupant of the house in question, had been built in rigid conformity

with the fashion of its day. ’Squire Dunscomb, as this gentleman was

termed in all the adjacent country counties, where he was well known as

a reliable and sound legal adviser; Mr. Thomas Dunscomb, as he was

styled by various single ladies, who wondered he never married; or Tom

Dunscomb, as he was familiarly called by a herd of unyoked youths, all

of whom were turned of sixty, was a capital fellow in each of his many

characters. As a lawyer, he was as near the top of the bar as a man can

be, who never had any pretensions to be an orator, and whose longest

effort seldom exceeded half an hour. Should the plan of placing

eloquence in hobbles reach our own bar, his habit of condensing, his

trick of getting _multum in parvo_, may yet bring him to the very

summit; for he will have an immense advantage over those who, resembling

a country buck at a town ball, need the whole field to cut their

flourishes in. As a man of the world, he was well-bred, though a little

cynical, very agreeable, most especially with the ladies, and quite

familiar with all the better habits of the best-toned circles of the

place. As a boon companion, Tom Dunscomb was an immense favourite, being

particularly warm-hearted, and always ready for any extra eating or

drinking. In addition to these leading qualities, Dunscomb was known to

be rich, having inherited a very tolerable estate, as well as having

added much to his means, by a large and lucrative practice. If to these

circumstances we add that of a very prepossessing personal appearance,

in which age was very green, the reader has all that is necessary for an

introduction to one of our principal characters.

Though a bachelor, Mr. Dunscomb did not live alone. He had a nephew and

a niece in his family, the orphan children of a sister who had now been

dead many years. They bore the name of Wilmeter, which, in the family

parlance, was almost always pronounced Wilmington. It was Jack

Wilmington, and Sally Wilmington, at school, at home, and with all their

intimates; though Mr. John Wilmeter and Miss Sarah Wilmeter were often

spoken of in their little out-door world; it being rather an affectation

of the times to prove, in this manner, that one retains some knowledge

of the spelling-book. We shall write the name as it is written by the

parties themselves, forewarning the reader that if he desire to

pronounce it by the same family standard, he must take the unauthorized

spelling as a guide. We own ourselves to a strong predilection for old

familiar sounds, as well as old familiar faces.

At half-past 8, A. M., of a fine morning, late in May, when the roses

were beginning to show their tints amid the verdure of the leaves, in

Mr. Dunscomb’s yard, the three individuals just mentioned were at the

breakfast-table of what it is the fashion of New York to term a

dining-room. The windows were open, and a soft and fragrant air filled

the apartment. We have said that Mr. Dunscomb was affluent, and he chose

to enjoy his means, not à la Manhattan, in idle competition with the

_nouveaux riches_, but in a more quiet and rational way. His father had

occupied lots, ‘running through,’ as it is termed; building his house on

one street and his stables on the other; leaving himself a space in the

rear of the former, that was prodigious for a town so squeezed into

parallelograms of twenty-five feet by a hundred. This open space was of

the usual breadth, but it actually measured a hundred and fifty feet in

length, an area that would have almost justified its being termed a

‘park,’ in the nomenclature of the town. This yard Sarah had caused to

be well garnished with shrubbery, and, for its dimensions, it was really

a sort of oasis, in that wilderness of bricks.

The family was not alone that morning. A certain Michael Millington was

a guest of Jack’s, and seemingly quite at home in the little circle. The

business of eating and drinking was pretty well through with, though

each of the four cups had its remains of tea or coffee, and Sarah sat

stirring hers idly, while her soft eyes were turned with interest on the

countenances of the two young men. The last had a sheet of writing-paper

lying between them, and their heads were close together, as both studied

that which was written on it in pencil. As for Mr. Dunscomb, himself, he

was fairly surrounded by documents of one sort and another. Two or three

of the morning papers, glanced at but not read, lay opened on the floor;

on each side of his plate was a brief, or some lease or release; while a

copy of the new and much talked of code was in his hand. As we say in

our American English, Mr. Dunscomb was ‘emphatically’ a common-law

lawyer; and, as our transatlantic brethren would remark in their

sometime cockney dialect, he was not at all ‘agreeable’ to this great

innovation on ‘the perfection of human reason.’ He muttered occasionally

as he read, and now and then he laid down the book, and seemed to muse.

All this, however, was quite lost on Sarah, whose soft blue eyes still

rested on the interested countenances of the two young men. At length

Jack seized the paper, and wrote a line or two hurriedly, with his

pencil.

“There, Mike,” he said, in a tone of self-gratulation, “I think _that_

will do!”

“It has one merit of a good toast,” answered the friend, a little

doubtingly; “it is sententious.”

“As all toasts ought to be. If we are to have this dinner, and the

speeches, and all the usual publications afterwards, I choose that we

should appear with some little credit. Pray, sir,” raising his eyes to

his uncle, and his voice to correspond, “what do you think of it, now?”

“Just as I always have, Jack. It will never do at all. Justice would

halt miserably under such a system of practice. Some of the forms of

pleadings are infernal, if pleadings they can be called at all. I detest

even the names they give their proceedings—complaints and answers!”

“They are certainly not as formidable to the ear,” returned Jack, a

little saucily, “as rebutters and sur-rebutters. But I was not thinking

of the code, sir; I was asking your opinion of my new toast.”

“Even a fee could not extract an opinion, unless I heard it read.”

“Well, sir, here it is: ‘The constitution of the United States; the

palladium of our civil and religious liberties,’ Now, I do not think I

can much better that, uncle Tom!”

“I’m very sorry to hear you say so, Jack.”

“Why so, sir? I’m sure it is good American sentiment; and what is more,

it has a flavour of the old English principles that you so much admire,

about it, too. Why do you dislike it, sir?”

“For several reasons—it would be common-place, which a toast should

never be, were it true; but there happens not to be a word of truth in

your sentiment, sonorous as it may sound in your ears.”

“Not true! Does not the constitution guaranty to the citizen religious

liberty?”

“Not a bit of it.”

“You amaze me, sir! Why, here, just listen to its language, if you

please.”

Hereupon Jack opened a book, and read the clause on which he relied to

confute one of the ablest constitutional lawyers and clearest heads in

America. Not that Mr. Dunscomb was what is called an “expounder,” great

or small; but he never made a mistake on the subject in hand, and had

often caused the best of the “expounders” to retrace their steps. He was

an original thinker, but of the safest and most useful sort; one who

distinguished between the _institutions_ of England and America, while

he submitted to the fair application of minor principles that are so

common to both. As for his nephew, he knew no more of the great

instrument he held in his hand, than he had gleaned from ill-digested

newspaper remarks, vapid speeches in Congress, and the erroneous notions

that float about the country, coming from “nobody knows whom,” and

leading literally to nothing. The ignorance that prevails on such

subjects is really astounding, when one remembers the great number of

battles that are annually fought over this much-neglected compact.

“Ay, here is the clause—just please to hear it, sir,” continued

Jack.—“‘Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging the

freedom of speech, or of the press; or the right of the people peaceably

to assemble, and to petition the government for a redress of

grievances.’ There, I think that will go far towards justifying the

whole toast, Mike.”

This was said a little triumphantly, and not a little confidently. The

only answer Mr. Dunscomb condescended to make, was an expressive “Umph!”

As for Michael Millington, he was a little timid about expressing an

opinion, and that for two reasons; he had often experienced Mr.

Dunscomb’s superior wisdom, and he knew that Sarah heard all that

passed.

“I wish your uncle would lay aside that code for a minute, Jack, and let

us know what he thinks of our authorities,” said Michael, in an under

tone.

“Come, Uncle Tom,” cried the more hardy nephew—“come out of your

reserve, and face the constitution of your country. Even Sarah can see

that, for once, _we_ are right, and that my toast is of proof.”

“It is a very good proof-_sheet_, Jack, not only of your own mind, but

of half the minds in the country. Ranker nonsense cannot be uttered,

however, than to say that the Constitution of the United States is the

palladium of anything in which civil or religious liberty is concerned.”

“You do not dispute the fidelity of my quotation, sir?”

“By no means. The clause you read is a very useless exhibition of

certain facts that existed just as distinctly before it was framed, as

they do to-day. Congress had no power to make an established religion,

or abridge the freedom of speech, or that of the press, or the right of

the people to petition, before that amendment was introduced, and

consequently the clause itself is supererogatory. You take nothing by

your motion, Jack.”

“I do not understand you, sir. To me, it seems that I have the best of

it.”

“Congress has no power but what has been conceded to it directly, or by

necessary connection. Now, there happens to be nothing said about

granting any such authority to Congress, and consequently the

prohibition is not necessary. But, admitting that Congress did really

possess the power to establish a religion previously to the adoption of

this amendment, the constitution would not prove a palladium to

religious liberty, unless it prohibited everybody else from meddling

with the opinions of the citizen. Any state of this Union that pleases,

may establish a religion, and compel its citizens to support it.”

“Why, sir, our own state constitution has a provision similar to this,

to prevent it.”

“Very true; but our own state constitution can be altered in this

behalf, without asking permission of any one but our own people. I think

that even Sarah will understand that the United States is no palladium

of religious liberty, if it cannot prevent a state from establishing

Mohamedanism, as soon as a few forms can be complied with.”

Sarah coloured, glanced timidly at Michael Millington, but made no

reply. She did not understand much of what she had just heard, though

rather an intelligent girl, but had hoped that Jack and his friend were

nearer right than was likely to turn out to be the case. Jack, himself,

being a young limb of the law comprehended what his uncle meant, and had

the grace to colour, too, at the manner in which he had manifested his

ignorance of the great national compact. With a view to relieve himself

from his dilemma, he cried, with a ready dexterity,—

“Well, since this won’t do, I must try the jury. ‘The trial by jury, the

palladium of our liberties.’ How do you like that, sir?”

“Worse than the other, boy. God protect the country that has no better

shield against wrong, than that which a jury can hold before it.”

Jack looked at Michael, and Michael looked at Jack; while Sarah looked

at both in turn.

“You surely will not deny, sir, that the trial by jury is one of the

most precious of the gifts received from our ancestors?” said the first,

a little categorically, Sarah brightening up at this question, as he

fancied that her brother had now got on solid ground.

“Your question cannot be answered in a breath, Jack,” returned the

uncle. “The trial by jury _was_ undoubtedly a most precious boon

bestowed on a people among whom there existed an hereditary ruling

power, on the abuses of which it was often a most salutary check.”

“Well, sir, is it not the same check here; assuring to the citizens

independent justice?”

“Who compose the ruling power in America, Jack?”

“The people, to be sure, sir.”

“And who the jurors?”

“The people, too, I suppose,” answered the nephew, hesitating a little

before he replied.

“Well, let us suppose a citizen has a conflict of rights with the

public, which is the government, who will compose the tribunal that is

to decide the question?”

“A jury, to be sure, sir. The trial by jury is guarantied by the

constitution, to us all.”

“Ay,” said Mr. Dunscomb, smiling, “much as are our religious and

political liberties. But according to your own admission, this is very

much like making one of the parties a judge in his own case. A. insists

that he has a right to certain lands, for instance, which the public

claims for itself. In such a case, part of the public compose the

tribunal.”

“But is it not true, Mr. Dunscomb,” put in Millington, “that the popular

prejudice is usually against government, in all cases with private

citizens?”

Sarah’s face looked brighter now than ever, for she felt sure that Mike,

as her brother familiarly called his friend, had asked a most apposite

question.

“Certainly; you are right as to particular sets of cases, but wrong as

to others. In a commercial town like this, the feeling is against

government in all cases connected with the collection of the revenue, I

admit; and you will see that the fact makes against the trial by jury in

another form, since a judge ought to be strictly impartial; above all

prejudice whatever.”

“But, uncle, a judge and a jury are surely very different things,” cried

Sarah, secretly impelled to come to Michael’s rescue, though she scarce

knew anything of the merits of the subject.

“Quite right, my dear,” the uncle answered, nodding his head kindly,

casting a glance at his niece that caused her to blush under the

consciousness of being fully understood in her motives, if not in her

remark. “Most profoundly right; a judge and a juror ought to be very

different things. What I most complain of is the fact that the jurors

are fast becoming judges. Nay, by George, they are getting to be

legislators, making the law as well as interpreting it. How often does

it happen, now-a-days, that the court tell the jury that such is the

law, and the jury comes in with a verdict which tells the court that

such is _not_ the law? This is an every-day occurrence, in the actual

state of public opinion.”

“But the court will order a new trial, if the verdict is against law and

evidence,” said Michael, determined that Sarah should be sustained.

“Ay, and another jury will be quite likely to sustain the old one.

No—no—the trial by jury is no more a palladium of our liberties, than

the Constitution of the United States.”

“Who, or what is, then, sir?” demanded Jack.

“God! Yes, the Deity, in his Divine Providence; if anything is to save

us. It may not be his pleasure to let us perish, for it would seem that

some great plan for the advancement of civilization is going on, and it

may be a part of it to make us important agents. All things regarded, I

am much inclined to believe such is the fact. But, did the result depend

on us, miserable instruments in the Almighty hands as we are, woeful

would be the end!”

“You do not look at things _couleur de rose_, Uncle Tom,” Sarah

smilingly observed.

“Because I am not a young lady of twenty, who is well satisfied with

herself and her advantages. There is but one character for which I have

a greater contempt than that of a senseless grumbler, who regards all

things _à tort et à travers_, and who cries, there is nothing good in

the world.”

“And what is the exception, sir?”

“The man who is puffed up with conceit, and fancies all around him

perfection, when so much of it is the reverse; who ever shouts

‘liberty,’ in the midst of the direst oppression.”

“But direst oppression is certainly no term to be applied to anything in

New York!”

“You think not? What would you say to a state of society in which the

law is available to one class of citizens only, in the way of

compulsion, and not at all, in the way of protection?”

“I do not understand you, sir; here, it is our boast that all are

protected, alike.”

“Ay, so far as _boasting_ goes, we are beyond reproach. But what are the

facts? Here is a man that owes money. The law is appealed to, to compel

payment. Verdict is rendered, and execution issued. The sheriff enters

his house, and sells his very furniture, to extort the amount of the

debt from him.”

“That is his misfortune, sir. Such things must happen to all debtors who

cannot, or will not, pay.”

“If this were true, I should have nothing to say. Imagine this very

debtor to be also a creditor; to have debts due to him, of many times

the sums that he owes, but which the law will _not_ aid him in

collecting. For him, the law is all oppression—no protection.”

“But, surely, Uncle Tom, nothing of the sort exists here!”

“Surely, Miss Sarah Wilmeter, such things _do_ exist here in practice,

whatever may be the theory on the subject; what is more, they exist

under the influence of facts that are directly connected with the

working of the institutions. My case is not supposititious, at all, but

real. Several landlords have quite recently felt all the rigours of the

law as debtors, when it was a dead letter to them, in their character of

creditors. This has actually happened, and that more than once; and it

might happen a hundred times, were the landlords more in debt. In the

latter case, it would be an every-day occurrence.”

‘What, sir,’ exclaimed Michael Millington; ‘the law enforce, when it

will not protect?’

“That it does, young man, in many interests that I could point out to

you. But here is as flagrant a case of unmitigated tyranny as can be

cited against any country in Christendom. A citizen is sold out of house

and home, under process of law, for debt; and when he asks for the use

of the same process of law to collect his undeniable dues, it is, in

effect, denied him. And this among the people who boast that their

independence is derived from a spirit that would not be taxed! A people

who are hourly shouting hosannas in honour of their justice!”

‘It cannot be, Uncle Tom, that this is done, in terms,’ cried the

astounded nephew.

“If, by terms, you mean professions of justice, and liberty, and equal

rights, they are fair enough; in all those particulars we are

irreproachable. As ‘_professors_’ no people can talk more volubly or

nearer to the point—I allude only to facts.”

“But these facts may be explained—qualified—are not as flagrant as they

seem under your statement?”

“In what manner?”

“Why, sir, this is but a _temporary_ evil, perhaps.”

“It has lasted, not days, nor weeks, nor months, but years. What is

more, it is an evil that has not occurred in a corner, where it might be

overlooked; but it exists within ten miles of your capital, in plain

sight of your legislators, and owes its impunity solely to their

profound deference to votes. In a word, it is a part of the political

system under which we live; and that far more so than any disposition to

tyranny that might happen to manifest itself in an individual king.”

“Do not the tenants who refuse to pay, fancy that their landlords have

no right to their estates, and does not the whole difficulty arise from

misapprehension?” asked Michael, a little timidly.

“What would that have to do with the service of process, if it were

true? When a sheriff’s officer comes among these men, they take his

authority from him, and send him away empty. Rights are to be determined

only by the law, since they are derived from the law; and he who meets

the law at the threshold, and denies it entrance, can never seriously

pretend that he resists because the other party has no claims. No, no,

young gentleman—this is all a fetch. The evil is of years’ standing; it

is of the character of the direst oppression, and of oppression of the

worst sort, that of many oppressing a few; cases in which the sufferer

is cut off from sympathy, as you can see by the apathy of the community,

which is singing hosannas to its own perfection, while this great wrong

is committed under its very nose. Had a landlord oppressed his tenants,

their clamour would have made itself heard throughout the land. The

worst feature in the case, is that which connects the whole thing so

very obviously with the ordinary working of the institutions. If it were

merely human covetousness struggling against the institutions, the last

might prove the strongest; but it is cupidity, of the basest and most

transparent nature, _using_ the institutions themselves to effect its

purpose.”

“I am surprised that something was not done by the last convention to

meet the evil!” said Jack, who was much struck with the enormity of the

wrong, placed before his eyes in its simplest form, as it had been by

his direct-minded and clear-headed kinsman.

“That is because you do not know what a convention has got to be. Its

object is to push principles into impracticable extremes, under the

silly pretension of progress, and not to abate evils. I made a

suggestion myself, to certain members of that convention, which, in my

poor judgment, would have effectually cured this disease; but no member

had the courage to propose it. Doubtless, it would have been useless had

it been otherwise.”

“It was worth the trial, if such were likely to be its result. What was

your plan, sir?”

“Simply to disfranchise any district in which the law could not be

enforced by means of combinations of its people. On application to the

highest court of the state, an order might be granted that no polls

should be held in one, or more, towns, or counties, in which

combinations existed of a force sufficient to prevent the laws from

being put in force. Nothing could be more just than to say that men who

will not obey the law shall not have a voice in making it, and to me it

really seems that some such provision would be the best possible

expedient to check this growing evil. It would be choking the enemy with

his own food.”

“Why was it not done, sir?”

“Simply because our sages were speculating on votes, and not on

principles. They will talk to you like so many books touching the vices

of all foreign systems, but are ready to die in defence of the

perfection of their own.”

“Why was it necessary to make a new constitution, the other day,” asked

Sarah, innocently, “if the old one was so very excellent?”

“Sure enough—the answer might puzzle wiser heads than yours, child.

Perfection requires a great deal of tinkering, in this country. We

scarcely adopt one plan that shall secure everybody’s rights and

liberties, than another is broached, to secure some newly-discovered

rights and liberties. With the dire example before them, of the manner

in which the elective franchise is abused, in this anti-rent movement,

the sages of the land have just given to the mass the election of

judges; as beautiful a scheme for making the bench coalesce with the

jury-box as human ingenuity could invent!”

As all present knew that Mr. Dunscomb was bitterly opposed to the new

constitution, no one was surprised at this last assertion. It did create

wonder, however, in the minds of all three of the ingenuous young

persons, when the fact—an undeniable and most crushing one it is, too,

so far as any high pretension to true liberty is concerned—was plainly

laid before them, that citizens were to be found in New York _against_

whom the law was rigidly enforced, while it was powerless in their

behalf. We have never known this aspect of the case presented to any

mind, that it did not evidently produce a deep impression, _for the

moment_; but, alas! “what is everybody’s business is nobody’s business,”

and few care for the violation of a principle when the wrong does not

affect themselves. These young folk were, like all around them,

unconscious even that they dwelt in a community in which so atrocious a

wrong was daily done, and, for the moment, were startled when the truth

was placed before their eyes. The young men, near friends, and, by

certain signs, likely to be even more closely united, were much addicted

to speculating on the course of events, as they conceived them to be

tending, in other countries. Michael Millington, in particular, was a

good deal of a general politician, having delivered several orations, in

which he had laid some stress on the greater happiness of the people of

this much favoured land, over those of all other countries, and

especially on the subject of equal rights. He was too young, yet, to

have learned the wholesome truth, that equality of rights, in practice,

exists nowhere; the ingenuity and selfishness of man finding the means

to pervert to narrow purposes, the most cautious laws that have ever

been adopted in furtherance of a principle that would seem to be so

just. Nor did he know that the Bible contains all the wisdom and

justice, transmitted as divine precepts, that are necessary to secure to

every man all that it is desirable to possess here below.

The conversation was terminated by the entrance of a fourth colloquist,

in the person of Edward McBrain, M. D., who was not only the family

physician, but the bosom friend of the lawyer. The two liked each other

on the principle of loving their opposites. One was a bachelor, the

other was about to marry his third wife; one was a little of a cynic,

the other much of a philanthropist; one distrustful of human nature, the

other too confiding; one cautious to excess, the other absolutely

impetuous, whenever anything strongly interested his feelings. They were

alike in being Manhattanese by birth, somewhat a novelty in a New

Yorker; in being equally graduates of Columbia, and classmates; in a

real love of their fellow-creatures; in goodness of heart, and in

integrity. Had either been wanting in these last great essentials, the

other could not have endured him.

The ways of the hour · 第 1 / 30 章