"Captain--if anybody needs arrestin'--"

"You must be judge of that." Paisley went into the house. There was no time for particulars.

"Snakes!" remarked Jones. He jumped on his horse and dashed down the slope to the men's quarters.

"Crook may be here any day or any hour," said Paisley, returning to the doctor. "With two companies in the background, I think Price's Left Wing will subside this morning."

"Supposing they don't?"

"I'll go myself; and when it gets to Washington that the commanding officer at Boise personally interfered with the Legislature of Idaho, it'll shock 'em to that extent that the government will have to pay for a special commission of investigation and two tons of red tape. I've got to trust to that corporal's good sense. I haven't another man at the post."

[Ill.u.s.tration: "HIS PLAN WAS TO WALK AND KEEP QUIET"]

Corporal Jones had three-quarters of a mile to go, and it was ten minutes before noon, so he started his five men at a run. His plan was to walk and look quiet as soon as he reached the town, and thus excite no curiosity. The citizens were accustomed to the sight of pa.s.sing soldiers. Jones had thought out several things, and he was not going to order bayonets fixed until the final necessary moment. "Stop trouble and make none" was firm in his mind. He had not long been a corporal. It was still his first enlistment. His habits were by no means exemplary; and his frontier personality, strongly developed by six years of vagabonding before he enlisted, was scarcely yet disciplined into the military machine of the regulation pattern that it should and must become before he could be counted a model soldier.

His captain had promoted him to steady him, if that could be, and to give his better qualities a chance. Since then he had never been drunk at the wrong time. Two years ago it would not have entered his free-lance heart to be reticent with any man, high or low, about any pleasure in which he saw fit to indulge; to-day he had been shy over confessing to the commanding officer his leaning to c.o.c.k-fights--a sign of his approach to the correct mental att.i.tude of the enlisted man. Being corporal had wakened in him a new instinct, and this State-House affair was the first chance he had had to show himself. He gave the order to proceed at a walk in such a tone that one of the troopers whispered to another, "Specimen ain't going to forget he's wearing a chevron."

III

The brief silence that Jones and his invitation to supper had caused among the Councillors was first broken by F. Jackson Gilet.

"Gentlemen," he said, "as President of the Council I rejoice in an interruption that has given pause to our haste and saved us from ill-considered expressions of opinion. The Gove'nuh has, I confess, surprised me. Befo' examining the legal aspect of our case I will ask the Gove'nuh if he is familiar with the sundry statutes applicable."

"I think so," Ballard replied, pleasantly.

"I had supposed," continued the President of the Council--"nay, I had congratulated myself that our weightiuh tasks of law-making and so fo'th were consummated yesterday, our thirty-ninth day, and that our friendly game of last night would be, as it were, the finis that crowned with pleashuh the work of a session memorable for its harmony."

This was not wholly accurate, but near enough. The Governor had vetoed several bills, but Price's Left Wing had had much more than the required two-thirds vote of both Houses to make these bills laws over the Governor's head. This may be called harmony in a manner. Gilet now went on to say that any doubts which the Governor entertained concerning the legality of his paying any salaries could easily be settled without entering upon discussion. Discussion at such a juncture could not but tend towards informality. The President of the Council could well remember most unfortunate discussions in Missouri between the years 1856 and 1860, in some of which he had had the honor to take part--_minima pars_, gentlemen! Here he digressed elegantly upon civil dissensions, and Ballard, listening to him and marking the slow, sure progress of the hour, told himself that never before had Gilet's oratory seemed more welcome or less lengthy. A plan had come to him, the orator next announced, a way out of the present dilemma, simple and regular in every aspect. Let some gentleman present now kindly draft a bill setting forth in its preamble the acts of Congress providing for the Legislature's compensation, and let this bill in conclusion provide that all members immediately receive the full amount due for their services.

At noon both Houses would convene; they would push back the clock, and pa.s.s this bill before the term of their session should expire.

"Then, Gove'nuh," said Gilet, "you can amply vindicate yo'self by a veto, which, together with our votes on reconsideration of yoh objections, will be reco'ded in the journal of our proceedings, and copies transmitted to Washington within thirty days as required by law.

Thus, suh, will you become absolved from all responsibility."

The orator's face, while he explained this simple and regular way out of the dilemma, beamed with ac.u.men and statesmanship. Here they would make a law, and the Governor must obey the law!

Nothing could have been more to Ballard's mind as he calculated the fleeting minutes than this peaceful, pompous farce. "Draw your bill, gentlemen," he said. "I would not object if I could."

The Statutes of the United States were procured from among the pistols and opened at the proper page. Gascon Claiborne, upon another sheet of paper headed "Territory of Idaho, Council Chamber," set about formulating some phrases which began "Whereas," and Gratiot des Peres read aloud to him from the statutes. Ballard conversed apart with Hewley; in fact, there was much conversing aside.

"'Third March, 1863, c. 117, s. 8, v. 12, p. 811,'" dictated Des Peres.

"Skip the chaptuhs and sections," said Claiborne. "We only require the date."

"'Third March, 1863. The sessions of the Legislative a.s.semblies of the several Territories of the United States shall be limited to forty days'

duration.'"

"Wise provision that," whispered Ballard. "No telling how long a poker game might last."

But Hewley could not take anything in this spirit. "Genuine business was not got through till yesterday," he said.

"'The members of each branch of the Legislature,'" read Des Peres, "'shall receive a compensation of six dollars per day during the sessions herein provided for, and they shall receive such mileage as now provided by law: _Provided_, That the President of the Council and the Speaker of the House of Representatives shall each receive a compensation of ten dollars a day.'"

At this the President of the Council waved a deprecatory hand to signify that it was a principle, not profit, for which he battled. They had completed their _Whereases_, incorporating the language of the several sections as to how the appropriation should be made, who disbursed such money, mileage, and, in short, all things pertinent to their bill, when Pete Cawthon made a suggestion.

"Ain't there anything 'bout how much the Gove'nuh gits?" he asks.

"And the Secretary?" added Wingo.

"Oh, you can leave us out," said Ballard.

"Pardon me, Gove'nuh," said Gilet. "You stated that yoh difficulty was not confined to Mr. Wingo or any individual gentleman, but was general.

Does it not apply to yo'self, suh? Do you not need any bill?"

"Oh no," said Ballard, laughing. "I don't need any bill."

"And why not?" said Cawthon. "You've jist ez much earned yoh money ez us fellers."

"Quite as much," said Ballard. "But we're not alike--at present."

Gilet grew very stately. "Except certain differences in political opinions, suh, I am not awah of how we differ in merit as public servants of this Territory."

"The difference is of your own making, Mr. Gilet, and no bill you could frame would cure it or destroy my responsibility. You cannot make any law contrary to a law of the United States."

"Contrary to a law of the United States? And what, suh, has the United States to say about my pay I have earned in Idaho?"

"Mr. Gilet, there has been but one government in this country since April, 1865, and as friends you and I have often agreed to differ as to how many there were before then. That government has a law compelling people like you and me to go through a formality, which I have done, and you and your friends have refused to do each time it has been suggested to you. I have raised no point until now, having my reasons, which were mainly that it would make less trouble now for the Territory of which I have been appointed Governor. I am held accountable to the Secretary of the Treasury semiannually for the manner in which the appropriation has been expended. If you will kindly hand me that book--"

Gilet, more and more stately, handed Ballard the Statutes, which he had taken from Des Peres. The others were watching Ballard with gathering sullenness, as they had watched Hewley while he was winning Wingo's money, only now the sullenness was of a more decided complexion.

Ballard turned the pages. "'Second July, 1862. Every person elected or appointed to any office of honor or profit, either in the civil, military, or naval service, ... shall before entering upon the duties of such office, and before being ent.i.tled to any salary or other emoluments thereof, take and subscribe the following oath: I--'"

"What does this mean, suh?" said Gilet.

"It means there is no difference in our positions as to what preliminaries the law requires of us, no matter how we may vary in convictions. I as Governor have taken the oath of allegiance to the United States, and you as Councillor must do the same before you can get your pay. Look at the book."

"I decline, suh. I repudiate yoh proposition. There is a wide difference in our positions."

"What do you understand it to be, Mr. Gilet?" Ballard's temper was rising.

"If you have chosen to take an oath that did not go against yoh convictions--"

"Oh, Mr. Gilet!" said Ballard, smiling. "Look at the book." He would not risk losing his temper through further discussion. He would stick to the law as it lay open before them.

But the Northern smile sent Missouri logic to the winds. "In what are you superior to me, suh, that I cannot choose? Who are you that I and these gentlemen must take oaths befo' you?"

"Not before me. Look at the book."

"I'll look at no book, suh. Do you mean to tell me you have seen me day aftuh day and meditated this treacherous attempt?"