"Why, Lord love you, ha'n't I told you that he'll have a fair trial, afore the regilators, and thar'll be any number of witnesses, and judges, and sheriffs, and executioners. But, ef you know'd Bunce, you'd know that a fair trial is the very last marcy that he'd aix of Providence. Don't you think now that he'll git anything worse than his righteous desarvings. He's a fellow that's got no more of a saving soul in him than my whip-handle, and ain't half so much to be counted on in a fight. He's jest now nothing but a cheat and a swindle from head to foot; hain't got anything but cheat in him--hain't got room for any principle---not enough either to git drunk with a friend, or have it out, in a fair fight, with his enemy. I shouldn't myself wish to see the fellow's throat cut, but I ain't slow to say that I shall go for his tasting a few hickories, after that a dip in the horsepond, and then a permit to leave the country by the shortest cut, and without looking behind him, under penalty of having the saft places on his back covered with the petticoats of Lot's wife, that we hear of in the Scriptures."

Ralph Colleton was somewhat oppressed with apathy, and he knew how idle would be any attempt to lessen the hostility of the st.u.r.dy woodman, in respect to the wretched cla.s.s of traders, such as were described in Jared Bunce, by whom the simple and dependent borderers in the South and West, were shockingly imposed upon. He made but a feeble effort accordingly, in this direction, but was somewhat more earnest in insisting upon the general propriety of forbearance, in a practice which militated against law and order, and that justice should he administered only by the proper hands. But to this, Mark Forrester had his ready answer; and, indeed, our young traveller was speaking according to the social standards of a wholly different region.

"There, again, 'squire, you are quite out. The laws, somehow or other, can't touch these fellows. They run through the country a wink faster than the sheriff, and laugh at all the processes you send after them.

So, you see, there's no justice, no how, unless you catch a rogue like this, and wind up with him for all the gang--for they're all alike, all of the same family, and it comes to the same thing in the end."

The youth answered languidly. He began to tire, and nature craved repose, and the physician had urged it. Forrester readily perceived that the listener's interest was flagging--nay he half fancied that much that he had been saying, and in his best style, had fallen upon drowsy senses. n.o.body likes to have his best things thrown away, and, as the reader will readily conceive, our friend Forrester had a sneaking consciousness that all the world's eloquence did not cease on the day when Demosthenes died. But he was not the person to be offended because the patient desired to sleep. Far from it. He was only reasonable enough to suppose that this was the properest thing that the wounded man could do. And so he told him; and adjusting carefully the pillows of the youth, and disposing the bedclothes comfortably, and promising to see him again before he slept, our woodman bade him good night, and descended to the great hall of the tavern, where Jared Bunce was held in durance.

The luckless pedler was, in truth, in a situation in which, for the first time in his life, he coveted nothing. The peril was one, also, from which, thus far, his mother-wit, which seldom failed before, could suggest no means of evasion or escape. His prospect was a dreary one; though with the wonderful capacity for endurance, and the surprising cheerfulness, common to the cla.s.s to which he belonged, he beheld it without dismay though with many apprehensions.

Justice he did not expect, nor, indeed, as Forrester has already told us, did he desire it. He asked for nothing less than justice. He was dragged before judges, all of whom had complaints to prefer, and injuries to redress; and none of whom were over-scrupulous as to the nature or measure of that punishment which was to procure them the desired atonement. The company was not so numerous as noisy. It consisted of some twenty persons, villagers as well as small farmers in the neighborhood, all of whom, having partaken _ad libitum_ of the whiskey distributed freely about the table, which, in part, they surrounded, had, in the Indian phrase, more tongues than brains, and were sufficiently aroused by their potations to enter readily into any mischief. Some were smoking with all the industrious perseverance of the Hollander; others shouted forth songs in honor of the bottle, and with all the fervor and ferment of Baccha.n.a.lian novitiates; and not a few, congregating about the immediate person of the pedler, a.s.sailed his ears with threats sufficiently pregnant with tangible ill.u.s.tration to make him understand and acknowledge, by repeated starts and wincings, the awkward and uncomfortable predicament in which he stood. At length, the various disputants for justice, finding it difficult, if not impossible, severally, to command that attention which they conceived they merited, resolved themselves into something like a committee of the whole, and proceeded to the settlement of their controversy, and the pedler's fate, in a manner more suited to the importance of the occasion. Having procured that attention which was admitted to be the great object, more by the strength of his lungs than his argument, one of the company, who was dignified by the t.i.tle of colonel, spoke out for the rest.

"I say, boys--'tisn't of any use, I reckon, for everybody to speak about what everybody knows. One speaker's quite enough in this here matter before us. Here's none of us that sha'n't something to say agin this pedler, and the doings of the grand scoundrel in and about these parts, for a matter going on now about three years. Why, everybody knows him, big and little; and his reputation is so now, that the very boys take his name to frighten away the crows with. Now, one person can jist as well make a plain statement as another. I know, of my own score, there's not one of my neighbors for ten miles round, that can't tell all about the rotten prints he put off upon my old woman; and I know myself of all the tricks he's played at odd times, more than a dozen, upon 'Squire Nichols there, and Tom Wescott, and Bob Snipes, and twenty others; and everybody knows them just as well as I. Now, to make up the score, and square off with the pedler, without any frustration, I move you that Lawyer Pippin take the chair, and judge in this matter; for the day has come for settling off accounts, and I don't see why we shouldn't be the regulators for Bunce, seeing that everybody agrees that he's a rogue, and a pestilence, and desarves regilation."

This speech was highly applauded, and chimed in admirably with all prejudices, and the voice that called Lawyer Pippin to preside over the deliberations of the a.s.sembly was unanimous. The gentleman thus highly distinguished, was a dapper and rather portly little personage, with sharp twinkling eyes, a ruby and remarkable nose, a double chin, retreating forehead, and corpulent cheek. He wore green gla.s.ses of a dark, and a green coat of a light, complexion. The lawyer was the only member of the profession living in the village, had no compet.i.tor save when the sitting of the court brought in one or more from neighboring settlements, and, being thus circ.u.mstanced, without opposition, and the only representative of his craft, he was literally, to employ the slang phrase in that quarter, the "c.o.c.k of the walk." He was, however, not so much regarded by the villagers a worthy as a clever man. It required not erudition to win the credit of profundity, and the lawyer knew how to make the most of his learning among those who had none. Like many other gentlemen of erudition, he was grave to a proverb when the occasion required it, and would not be seen to laugh out of the prescribed place, though "Nestor swore the jest was laughable." He relied greatly on saws and sayings--could quote you the paradoxes of Johnson and the infidelities of Hume without always understanding them, and mistook, as men of that kind and calibre are very apt to do, the capacity to repeat the grave absurdities of others as a proof of something in himself. His business was not large, however, and among the arts of his profession, and as a means for supplying the absence of more legitimate occasions for its employment, he was reputed as excessively expert in making the most of any difficulty among his neighbors. The egg of mischief and controversy was hardly laid, before the worthy lawyer, with maternal care, came clucking about it; he watched and warmed it without remission; and when fairly hatched, he took care that the whole brood should be brought safely into court, his voice, and words, and actions, fully attesting the deep interest in their fortunes which he had manifested from the beginning. Many a secret slander, ripening at length into open warfare, had been traced to his friendly influence, either _ab ovo_, or at least from the perilous period in such cases when the very existence of the embryo relies upon the friendly breath, the sustaining warmth, and the occasional stimulant. Lawyer Pippin, among his neighbors, was just the man for such achievements, and they gave him, with a degree of shrewdness common to them as a people, less qualified credit for the capacity which he at all times exhibited in bringing a case into, than in carrying it out of court. But this opinion in nowise affected the lawyer's own estimate of his pretensions. Next to being excessively mean, he was excessively vain, and so highly did he regard his own opinions, that he was never content until he heard himself busily employed in their utterance. An opportunity for a speech, such as the present, was not suffered to pa.s.s without due regard; but as we propose that he shall exhibit himself in the most happy manner at a later period in our narrative, we shall abridge, in few, the long string of queerly-a.s.sociated words in the form of a speech, which, on a.s.suming the chair thus a.s.signed him, he poured forth upon the a.s.sembly. After a long prefatory, apologetic, and deprecatory exordium, in which his own demerits, as is usual with small speakers, were strenuously urged; and after he had exhausted most of the commonplaces about the purity of the ermine upon the robes of justice, and the golden scales, and the unshrinking balance, and the unsparing and certain sword, he went on thus:--

"And now, my friends, if I rightly understand the responsibility and obligations of the station thus kindly conferred upon me, I am required to arraign the pedler, Jared Bunce, before you, on behalf of the country, which country, as the clerk reads it, you undoubtedly are; and here let me remark, my friends, the excellent and nice distinction which this phrase makes between the man and the soil, between the n.o.ble intellect and the high soul, and the mere dirt and dust upon which we daily tread. This very phrase, my friends, is a fine embodiment of that democratic principle upon which the glorious const.i.tution is erected.

But, as I was saying, my friends, I am required to arraign before you this same pedler, Jared Bunce, on sundry charges of misdemeanor, and swindling, and fraud--in short, as I understand it, for endeavoring, without having the fear of G.o.d and good breeding in his eyes, to pa.s.s himself off upon the good people of this county as an honest man. Is this the charge, my friends?"

"Ay, ay, lawyer, that's the how, that's the very thing itself. Put it to the skunk, let him deny that if he can--let him deny that his name is Jared Bunce--that he hails from Connecticut--that he is a shark, and a pirate, and a pestilence. Let him deny that he is a cheat--that he goes about with his notions and other rogueries--that he doesn't manufacture maple-seeds, and hickory nutmegs, and ground coffee made out of rotten rye. Answer to that, Jared Bunce, you white-livered lizard."

Thus did one of his accusers take up the thread of the discourse as concluded in part by the chairman. Another and another followed with like speeches in the most rapid succession, until all was again confusion; and the voice of the lawyer, after a hundred ineffectual efforts at a hearing, degenerated into a fine squeak, and terminated at last in a violent fit of coughing, that fortunately succeeded in producing the degree of quiet around him to secure which his language had, singularly enough, entirely failed. For a moment the company ceased its clamor, out of respect to the chairman's cough; and, having cleared his throat with the contents of a tumbler of Monongahela which seemed to stand permanently full by his side, he recommenced the proceedings; the offender, in the meantime, standing mute and motionless, now almost stupified with terror, conscious of repeated offences, knowing perfectly the reckless spirit of those who judged him, and hopeless of escape from their hands, without, in the country phrase, the loss at least of "wing and tail feathers." The chairman with due gravity began:--

"Jared Bunce--is that your name?"

"Why, lawyer, I can't deny that I have gone by that name, and I guess it's the right name for me to go by, seeing that I was christened Jared, after old Uncle Jared Withers, that lives down at Dedham, in the state of Ma.s.sachusetts. He did promise to do something for me, seeing I was named after him, but he ha'n't done nothing yet, no how. Then the name of Bunce, you see, lawyer, I got from my father, his name being Bunce, too, I guess."

"Well, Jared Bunce, answer to the point, and without circ.u.mlocution. You have heard some of the charges against you. Having taken them down in short-hand, I will repeat them."

The pedler approached a few steps, advanced one leg, raised a hand to his ear, and put on all the external signs of devout attention, as the chairman proceeded in the long and curious array.

"First, then, it is charged against you, Bunce, by young d.i.c.k Jenkins, that stands over in front of you there, that somewhere between the fifteenth and twenty-third of June--last June was a year--you came by night to his plantation, he living at that time in De Kalb county; that you stopped the night with him, without charge, and in the morning you traded a clock to his wife for fifteen dollars, and that you had not been gone two days, before the said clock began to go whiz, whiz, whiz, and commenced striking, whizzing all the while, and never stopped till it had struck clear thirty-one, and since that time it will neither whiz, nor strike, nor do nothing."

"Why, lawyer, I ain't the man to deny the truth of this transaction, you see; but, then, you must know, much depends upon the way you manage a clock. A clock is quite a delicate and ticklish article of manufacture, you see, and it ain't everybody that can make a clock, or can make it go when it don't want to; and if a man takes a hammer or a horsewhip, or any other unnatural weapon to it, as if it was a house or a horse, why I guess, it's not reasonable to expect it to keep in order, and it's no use in having a clock no how, if you don't treat it well. As for its striking thirty-one, that indeed is something remarkable, for I never heard one of mine strike more than twelve, and that's zactly the number they're regulated to strike. But, after all, lawyer, I don't see that Squire Jenkins has been much a loser by the trade, seeing that he paid me in bills of the Hogee-nogee bank, and that stopped payment about the time, and before I could get the bills changed. It's true, I didn't let on that I knowed anything about it, and got rid of the paper a little while before the thing went through the country."

"Now, look ye, you gingerbread-bodied Yankee--I'd like to know what you mean about taking whip and hammer to the clock. If you mean to say that I ever did such a thing, I'll lick you now, by the eternal scratch!"

"Order, order, Mr. Jenkins--order! The chair must be respected. You must come to order, Mr. Jenkins--" was the vociferous and urgent cry of the chairman, repeated by half a dozen voices; the pedler, in the meanwhile, half doubting the efficacy of the call, retreating with no little terror behind the chair of the dignified personage who presided.

"Well, you needn't make such a howling about it," said Jenkins, wrathfully, and looking around him with the sullen ferocity of a chafed bear. "I know jist as well how to keep order, I reckon, as any on you; but I don't see how it will be out of order to lick a Yankee, or who can hinder me, if I choose it."

"Well, don't look at me, d.i.c.k Jenkins, with such a look, or I'll have a finger in that pie, old fellow. I'm no Yankee to be frightened by sich a lank-sided fellow as you; and, by dogs, if n.o.body else can keep you in order, I'm jist the man to try if I can't. So don't put on any shines, old boy, or I'll darken your peepers, if I don't come very nigh plucking them out altogether."

So spake another of the company, who, having been much delectified with the trial, had been particularly solicitous in his cries for order.

Jenkins was not indisposed to the affray, and made an angry retort, which provoked another still more angry; but other parties interfering, the new difficulty was made to give place to that already in hand. The imputation upon Jenkins, that his ignorance of the claims of the clock to gentle treatment, alone, had induced it to speak thirty-one times, and at length refuse to speak at all, had touched his pride; and, sorely vexed, he retired upon a gla.s.s of whiskey to the farther corner of the room, and with his pipe, nursing the fumes of his wrath, he waited impatiently the signal for the wild mischief which he knew would come.

In the meanwhile, the examination of the culprit proceeded; but, as we can not hope to convey to the reader a description of the affair as it happened, to the life, we shall content ourselves with a brief summary.

The chair went on rapidly enumerating the sundry misdeeds of the Yankee, demanding, and in most cases receiving, rapid and unhesitating replies--evasively and adroitly framed, for the offender well knew that a single unlucky word or phrase would bring down upon his shoulders a wilderness of blows.

"You are again charged, Bunce, with having sold to Colonel Blundell a coffee-pot and two tin cups, all of which went to pieces--the solder melting off at the very sight of the hot water."

"Well, lawyer, it stands to reason I can't answer for that. The tin wares I sell stand well enough in a northern climate: there may be some difference in yours that I can't account for; and I guess, pretty much, there is. Now, your people are a mighty hot-tempered people, and take a fight for breakfast, and make three meals a day out of it: now, we in the north have no stomach for such fare; so here, now, as far as I can see, your climate takes pretty much after the people, and if so, it's no wonder that solder can't stand it. Who knows, again, but you boil your water quite too hot? Now, I guess, there's jest as much harm in boiling water too hot, as in not boiling it hot enough. Who knows? All I can say is, that the lot of wares I bring to this market next season shall be calkilated on purpose to suit the climate."

The chairman seemed struck with this view of the case, and spoke with a gravity corresponding with the deep sagacity he conceived himself to have exhibited.

"There does seem to be something in this; and it stands to reason, what will do for a nation of pedlers won't do for us. Why, when I recollect that they are buried in snows half the year, and living on nothing else the other half, I wonder how they get the water to boil at all. Answer that, Bunce."

"Well, lawyer, I guess you must have travelled pretty considerable down east in your time and among my people, for you do seem to know all about the matter jest as well and something better than myself."

The lawyer, not a little flattered by the compliment so slyly and evasively put in, responded to the remark with a due regard to his own increase of importance.

"I am not ignorant of your country, pedler, and of the ways of its people; but it is not me that you are to satisfy. Answer to the gentlemen around, if it is not a difficult matter for you to get water to boil at all during the winter months."

"Why, to say the truth, lawyer, when coal is scarce and high in the market, heat is very hard to come. Now, I guess the ware I brought out last season was made under those circ.u.mstances; but I have a lot on hand now, which will be here in a day or two, which I should like to trade to the colonel, and I guess I may venture to say, all the hot water in the country won't melt the solder off."

"I tell you what, pedler, we are more likely to put you in hot water than try any more of your ware in that way. But where's your plunder?--let us see this fine lot of notions you speak of"--was the speech of the colonel already so much referred to, and whose coffee-pot bottom furnished so broad a foundation for the trial. He was a wild and roving person, to whom the tavern, and the racecourse, and the c.o.c.kpit, from his very boyhood up, had been as the breath of life, and with whom the chance of mischief was never willingly foregone. But the pedler was wary, and knew his man. The lurking smile and sneer of the speaker had enough in them for the purposes of warning, and he replied evasively:--

"Well, colonel, you shall see them by next Tuesday or Wednesday. I should be glad to have a trade with you--the money's no object--and if you have furs, or skins, or anything that you like to get off your hands, there's no difficulty, that I can see, to a long bargain."

"But why not trade now, Bunce?--what's to hinder us now? I sha'n't be in the village after Monday."

"Well, then, colonel, that'll just suit me, for I did calkilate to call on you at the farm, on my way into the nation where I'm going looking out for furs."

"Yes, and live on the best for a week, under some pretence that your nag is sick, or you sick, or something in the way of a start--then go off, cheat, and laugh at me in the bargain. I reckon, old boy, you don't come over me in that way again; and I'm not half done with you yet about the kettles. That story of yours about the hot and cold may do for the pigeons, but you don't think the hawks will swallow it, do ye? Come--out with your notions!"

"Oh, to be sure, only give a body time, colonel," as, pulled by the collar, with some confusion and in great trepidation, responded the beleagured dealer in clocks and calicoes--"they shall all be here in a day or two at most. Seeing that one of my creatures was foundered, I had to leave the goods, and drive the other here without them."

The pedler had told the truth in part only. One of his horses had indeed struck lame, but he had made out to bring him to the village with all his wares; and this fact, as in those regions of question and inquiry was most likely to be the case, had already taken wind.

"Now, look ye, Bunce, do you take me for a blear-eyed mole, that never seed the light of a man's eyes?" inquired Blundell, closely approaching the beset tradesman, and taking him leisurely by the neck. "Do you want to take a summerset through that window, old fellow, that you try to stuff us with such tough stories? If you do, I _rether_ reckon you can do it without much difficulty." Thus speaking, and turning to some of those around him, he gave directions which imparted to the limbs of the pedler a continuous and crazy motion, that made his teeth chatter.

"Hark ye, boys, jist step out, and bring in the cart of Jared Bunce, wheels and all, if so be that the body won't come off easily. We'll see for ourselves."

It was now the pedler's turn for speech; and, forgetting the precise predicament in which he personally stood, and only solicitous to save his chattels from the fate which he plainly saw awaited them, his expostulations and entreaties were rapid and energetic.

"Now, colonel--gentlemen--my good friends--to-morrow or the next day you shall see them all--I'll go with you to your plantation--"

"No, thank ye. I want none of your company--and, look ye, if you know when you're well off, don't undertake to call me your friend. I say, Mr.

Chairman, if it's in order--I don't want to do anything disorderly--I move that Bunce's cart be moved here into this very room, that we may see for ourselves the sort of substance he brings here to put off upon us."

The chairman had long since seemingly given up all hope of exercising, in their true spirit, the duties of the station which he held. For a while, it is true, he battled with no little energy for the integrity of his dignity, with good lungs and a stout spirit; but, though fully a match in these respects for any one, or perhaps any two of his compet.i.tors, he found the task of contending with the dozen rather less easy, and, in a little while, his speeches, into which he had lugged many a choice _ad captandum_ of undisputed effect on any other occasion, having been completely merged and mingled with those of the ma.s.s, he wisely forbore any further waste of matter, in the stump-oratory of the South usually so precious; and, drawing himself up proudly and profoundly in his high place, he remained dignifiedly sullen, until the special reference thus made by Colonel Blundell again opened the fountains of the oracle and set them flowing.

The lawyer, thus appealed to, in a long tirade, and in his happiest manner, delivered his opinion in the premises, and in favor of the measure. How, indeed, could he do otherwise, and continue that tenacious pursuit of his own interests which had always been the primary aim and object, as well of the profession as the person. He at once sagaciously beheld the embryo lawsuit and contingent controversy about to result from the proposition; and, in his mind, with a far and free vision, began to compute the costs and canva.s.s the various terms and prolonged trials of county court litigation. He saw fee after fee thrust into his hands--he beheld the opposing parties desirous to conciliate, and extending to him sundry of those equivocal courtesies, which, though they take not the shape of money are money's worth, and the worthy chairman had no scruples as to the propriety of the measure. The profits and pay once adjusted to his satisfaction, his spirit took a broad sweep, and the province of human fame, circ.u.mscribed, it is true, within the ten mile circuit of his horizon, was at once open before him. He beheld the strife, and enjoyed the triumph over his fellow-laborers at the bar--he already heard the applauses of his neighbors at this or that fine speech or sentiment; and his form grew insensibly erect, and his eye glistened proudly, as he freely and fully a.s.sented to the measure which promised such an abundant harvest. Vainly did the despairing and dispirited pedler implore a different judgment; the huge box which capped the body of his travelling vehicle, torn from its axle, without any show of reverential respect for screw or fastening, was borne in a moment through the capacious entrance of the hall, and placed conspicuously upon the table.

"The key, Bunce, the key!" was the demand of a dozen.

The pedler hesitated for a second, and the pause was fatal. Before he could redeem his error, a blow from a hatchet settled the difficulty, by distributing the fine deal-box cover, lock and hinges, in fragments over the apartment. The revelation of wares and fabrics--a strange admixture, with propriety designated "notions"--brought all eyes immediately around, and rendered a new order, for common convenience, necessary in the arrangement of the company. The chairman, chair and man, were in a moment raised to a corresponding elevation upon the table, over the collection; and the controversy and clamor, from concentrating, as it did before, upon the person of the pedler, were now transferred to the commodities he brought for sale. Order having been at length obtained, Colonel Blundell undertook the a.s.sertion of his own and the wrongs of his fellow-sufferers, and kept uninterrupted possession of the floor.

"And now, Mr. Chairman, I will jist go a little into the particulars of the rogueries and rascalities of this same Yankee. Now, in the first place, he is a Yankee, and that's enough, itself, to bring him to punishment--but we'll let that pa.s.s, and go to his other transactions--for, as I reckon, it's quite punishment enough for that offence, to be jist what he is. He has traded rotten stuffs about the country, that went to pieces the first washing. He has traded calico prints, warranted for fast colors, that ran faster than he ever ran himself. He has sold us tin stuffs, that didn't stand hot water at all; and then thinks to get off, by saying they were not made for our climate. And let me ask, Mr. Chairman, if they wasn't made for our climate, why did he bring 'em here? let him come to the scratch, and answer that, neighbors--but he can't. Well, then, as you've all hearn, he has traded clocks to us at money's worth, that one day ran faster than a Virginny race-mare, and at the very next day, would strike lame, and wouldn't go at all, neither for beating nor coaxing--and besides all these doings, neighbors, if these an't quite enough to carry a skunk to the horsepond, he has committed his abominations without number, all through the country high and low--for hain't he lied and cheated, and then had the mean cowardice to keep out of the way of the _regilators_, who have been on the look-out for his tracks for the last half year?