Before the Judge could reply, Clayton exclaimed,

"Now, Brother Custis, permit me now! Let my n.o.ble old const.i.tuent and fellow-Whig, Jonathan Hunn, resume!"

"Friend," spoke out a wiry, lean, healthy-skinned man, "this young man surprised me last night with intelligence that thy Maryland friends were marching on the very capital of Delaware, to steal men. I was out in the road at that late hour for another Christian purpose, and the Lord rewarded me with this good one: I brought friend Dennis to John Clayton's back door, and he lent us all his firearms. At the little brick grocery of William Parke, just beyond the Cowgill House--where I am told he sells ardent liquors to negroes contrary to law, and so takes the name among them of 'Kind Parke'--I found several of our free Delaware negroes, I fear on no good errand. So I remarked, 'If William Parke, contrary to law, has been selling thee brandy out of an eggsh.e.l.l, as if he knew not the contents, I shall pay him to repeat the vile enticement quickly, for ye who are of the world must fight this night.'"

"Goy!" said Clayton, warming up; "Quakers will set other people on, won't they? Goy!"

"Other gunpowder arms were there procured, and we barricaded Cowgill House so as to make it at once a decoy and a hornet's nest. I despise war and men of war so much that I have somewhat studied their campaigns, and I suggested, friend Clayton, that the stairway was a good tactical defensive position--is that the vain term?--to send a volley out the main door, and a flank fire on every door and window on the sides of Cowgill's hall. It also commanded the back yard by a window on the staircase. A door beneath the staircase was barricaded. There was a festival, or feast, given that night, by absent friend Cowgill's permission, by these Dover folks of color. I would not wonder if it was designed or discovered by these scoundrels on thy line of states, friend Custis. I told the men-at-arms to leave their huzzies all below in the feasting-hall till the attack began, and then to let them escape up the stairway, and to defend that stair like sinful men. But first a negro spy knocked on the door, and a loop was thrown over his neck, and two of the black boys gagged him. Then the attack was made, and, at my order, all the lights were put out."

"Oh, Jedge," Levin Dennis broke in, "it was short and dreadful! Captain Van Dorn had got to the bottom of the stairs, when the n.i.g.g.e.rs half-way up fired over his head and shot mos' everything down. The Quaker man yer then pinioned the captain an' dropped him, wounded, out of the high window. I pity Van Dorn, but _he_ says that he's in a bad business. I hope he ain't dead."

"Who is this Van Dorn?" asked Judge Custis. "I've heard of such a dare-devil, but he has never pestered Princess Anne."

"I ran and hid in the deep eaves of the garret story," Levin continued, "which is built in like closets, and the wasps there, coming in to suck the blossoms on the vines that has growed up through the eaves from outside, flew around in the dark among the yaller gals that was a-hidin'

and a-prayin', and never feelin' the wasps sting em', thinkin' about them kidnappers. I reckon, gen'lemen, the kidnappers will never come to Dover no more."

"Two things surprise me," Clayton said; "that Joe Johnson would venture to raid Dover itself after the licking I got him; and that free darkeys could make such a defence."

"Ah! John Clayton," spoke Jonathan Hunn, "there was a white witness there, to affirm that they only defended their lives."

"It was Captain Van Dorn that raided Dover," Levin spoke; "Joe Johnson is a coward."

"Judge Custis," said Mr. Clayton, "you and I can save this peninsula, at least, from the sectional excitements that are coming. You must surrender to Delaware old Patty Cannon and her household. She now lives on your side of the line. Come over to the Governor's office with me, and I will get a requisition for her on the business of last night.

Young Dennis here knows the band; friend Hunn saw the attack."

Judge Custis's face grew suddenly troubled.

"Clayton," he said, "I would rather not appear in this matter. Indeed, you must excuse me."

"What!" said Clayton; "hesitate to do a little thing like this, after the free opinions you have expressed?"

There was a long, awkward pause. The Quaker arose, and, looking well at Judge Custis, said:

"None but Almighty G.o.d knows the secrets of a slave-holder's mind. No son of Adam is fit to be absolute over any human creature."

"Amen!" Judge Custis said, meekly.

The news from Princess Anne confirmed the loss of Vesta Custis's slaves.

Judge Custis was told to come home and take steps for their recovery, but he was strangely apathetic. The day after the raid Levin Dennis disappeared, Clayton only saying:

"Who would have thought that soft-eyed boy was already fascinated by these kidnappers? He has taken his horse and gone back to Patty Cannon's."

The suit against the Ca.n.a.l Company required a great deal of research, as law-books were then scarce, and precedents for breaches of contract against corporations were not many; this form of legal life being comparatively modern in that day, like the dawn of the floral age, or before megatheriums grazed above the trees or iguanodons swam in the ca.n.a.ls. Clayton and Custis walked and ate and lay down together, comparing knowledge and suggestions, and the litigious mind of John Randel, Junior, was rather irritating to both of them, so that, to be rid of his society in Dover, the two lawyers, meantime supplied with money by Meshach Milburn's draft, resolved to visit the ca.n.a.l, which was distant about thirty miles.

The three men started together in a carriage, after breakfast, on a soft yet frosty morning, such as often gives to this region a winter sparkle and mildness like the Florida climate. They pa.s.sed several tidal creeks, as the Duck and the Little Duck, the Blackbird and the Apoquinimink, and, as they advanced, the barns became larger, the hedges more tasteful and trimmed like those in the French Netherlands, the leafless peach orchards stretched out like the tea-plants in China. Two or three little towns studded the roadside, the woods gave way altogether to smaller farms, and, at a steep bottom called the Fiddler's Bridge, they turned across the fields to an old four-chimneyed, galleried mansion, at the end of a long lane, and near a great stagnant pond, where John Randel, Junior, as he fully named himself on every occasion, had a fine dinner spread.

After dinner they launched upon the stream in a row and sail boat, to Mr. Clayton's trepidation, and bore out through acres of splutter-docks, and muskrats and terrapins unnumbered, and many wild-fowl, to the Chesapeake and Delaware Ca.n.a.l, which extended for several miles through a mighty pond or feeder, like a ditch within a bayou.

The negro rower tied their boat behind a pa.s.sing vessel, which towed them out to the locks at the Delaware River, at a point opposite a willowy island, and where an embryo "city" had been started in the marshes, and there they waited for the packet from Philadelphia. Mr.

Randel took his negro man, a person of sorrowful yet inexpressive countenance, to be a kind of piano or model on which to play his fierce gestures.

"Clayton," said he, sitting on a stone lock in the evening gloaming, "I ought to have been a lawyer. Not that I am not the greatest theoretical engineer in the country, but my legal genius interposes, and I sue the villains who employ me."

Here he gave the melancholy negro a violent shaking, who took it as stolidly as a bottle of medicine shaken by the doctor.

"Yes, you sued Judge Ben Wright and he nonsuited you."

"I tell you a new axiom, Clayton," the earnest engineer cried, putting the negro down on his hams and sitting on him; "whoever employs genius has to be a scoundrel. In the nature of their relations it is so. He deflects genius from its full expression, absorbs the virtue from it, and is a fraud."

Here he kicked the negro underneath him, who hardly protested.

"Well, then," spoke Judge Custis, "as Clayton is a man of genius, and you employ him--"

"I'm a scoundrel, of course," Randel exclaimed. "His sense of law and right must yield to my ideas. Now look at this ca.n.a.l! Had I not been obliged to defer to the soulless corporation which employed me, I would have dug it to the depth that the tides of the two bays would have filled it, instead of damming up the creeks for feeders, and pumping water into it by steam-pumps. Then the war-vessels of the country could go through, and the channel would be purged by every tide."

He stood up and put his foot on the negro, to the amus.e.m.e.nt of the boys gathering around.

"John Fitch, the engineer," said John M. Clayton, "left a curious will; it begins, 'To William Rowan, my trusty friend, I bequeath my Beaver Hat.'"

Judge Custis's countenance fell, thinking of another hat which had entered his family.

The barge on which they embarked had numerous pa.s.sengers, and soon came to a small lock-town and turn-bridge, and, a few miles beyond, entered upon a serious piece of work, leaving the trough of a creek, of which the ca.n.a.l had previously availed itself, and cutting through the low ridge of the peninsula, which, to Judge Custis, seemed almost mountainous. He was of that patriotic opulence, just short of imagination, which rejoiced in public works, and this little ca.n.a.l, only fourteen miles long, was, with two or three exceptions, the only achieved work in the Union, turnpikes and bridges omitted. Built by the national government, by three of the states it connected, and by private subscription, it had involved two and a quarter million dollars of expense--no light burden when the population was, by the previous census, less than eight million whites in all the land.

Judge Custis's family troubles faded from his mind as he looked up at the deep cutting, nearly seventy feet in height of banks, with sands of yellow and green, and stains of iron and strata of marl, some of which had fallen back into the excavation and threatened the navigation again; and, when he saw a bridge, called the Buck, leap the chasm ninety feet overhead, by a span that then seemed sublimity itself, he touched Clayton and said:

"Never mind my failures! Thank G.o.d, I'm a Whig."

"Goy! there's nothing like it," said Clayton.

Not far from this point the ca.n.a.l pa.s.sed an old church and graveyard at a bridge where Mr. Clayton said his namesake, the revolutionary Governor of Delaware, was buried. Here Randel's plain conveyance took them in, and in the moonlight they drove a few miles to Mr. Randel's estate, near the banks of a river, under a long table-mountain of barren clay and iron stain, on the farther sh.o.r.e.

"Here," said Randel, "is my future estate of Randalia. Here I shall see all the commerce of the ca.n.a.l pa.s.sing by, and garnishee every vessel that pays my tolls to the Ca.n.a.l Company."

"Randel," asked Mr. Clayton, "what were those stakes I saw some distance back, running north and south across the fields?"

"A railroad survey."

"Who is making it?"

"They say Meshach Milburn, of Princess Anne."

"Goy!" exclaimed Clayton, "I'll beat him."

For two or three days the three men, still studying the ca.n.a.l suit, drove over a picturesque country, visiting the old manor of the Labadists and their Bohemian patron, Augustine Herman, the homestead of the late treaty minister, Bayard, and the ancient Welsh Baptist churches among the hills of the Elk and Christiana, where some of Cromwell's warriors lay. It was the favorite land of Whitefield, and in the neighborhood was an iron furnace Judge Custis examined with melancholy interest, as one of the investments of General Washington's father more than a hundred years before, when the Indians made the iron. They also went to Turkey Point, where the British army was disembarked to capture Philadelphia, and Knyphausen's division obliterated the history of Delaware by carrying her records away from Newcastle. Returning from one of these pleasant journeys, two messages from different points seared Judge Custis's eyeb.a.l.l.s: