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Файл:The Ways of The Hour
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THE WAYS OF THE HOUR
hour were daily inclining the electors of the northern States,
more and more, to oppose the further extension of domestic
slavery, so far as surface was concerned, which was in effect
preparing the way for the final destruction of the institution
altogether. For Mr. Dunscomb, however, this wily limb of the
law, and skilful manager of men, had the most profound respect; and he was very glad to draw him out still further on a
subject that was getting to be of such intense interest to himself, as well as to the nation at large; for, out of all doubt, it is
the question, not only of the “Hour,” but for years to come.
“Well, sir, this surprises me more and more. The States not
sovereign! Why, they gave all the power it possesses to the Federal Government!”
“Very true; and it is precisely for that reason they are not
sovereignthat which is given away is no longer possessed. All
the great powers of sovereignty are directly bestowed on the
Union, which alone possesses them.”
“I will grant you that, ‘Squire; but enough is retained to
hang either of us. The deuce is in it if that be not a sovereign
power.”
“It does not follow from the instance cited. Send a squadrom abroad, and its officers can hang; but they are not sovereign, for the simple reason that there is a recognised authority
over them, which can increase, sustain, or take away altogether, any such and all other power. Thus is it with the States. By a
particular clause, the Constitution can be amended, including
all the interests involved, with a single exception. This is an
instance in which the exception does strictly prove the rule.
All interests but the one excepted can be dealt with, by a spe-
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JAMES FENIMORE COOPER
cies of legislation that is higher than common. The Union can
constitutionally abolish domestic slavery altogether”
“It can! It would be the making of any political man’s fortune to be able to show that!”
“Nothing is easier than to show it, in the way of theory,
Timms; though nothing would be harder to achieve, in the
way of practice. The Constitution can be legally amended so as
to effect this end, provided majorities in three – fourths of the
States can be obtained; though every living soul in the remaining States were opposed to it. That this is the just construction
of the great fundamental law, as it has been solemnly adopted,
no discreet man can doubt; though, on the other hand, no discreet person would think of attempting such a measure, as the
vote necessary to success cannot be obtained. To talk of the
sovereignty of a community over this particular interest, for
instance, when all the authority on the subject can be taken
from it in direct opposition to the wishes of every man, woman
and child it contains, is an absurdity. The sovereignty, as respects slavery, is in the Union, and not in the several States;
and therein you can see the fallacy of contending that Congress has nothing to do with the interest, when Congress can
take the initiative in altering this or any other clause of the
great national compact.”
“But, the Deestrictthe Deestrict, ‘Squire Dunscombwhat
can and ought to be done there?”
“I believe in my soul, Timms, you have an aim on a seat
in Congress! Why stop short of the Presidency? Men as little
likely as yourself to be elevated to that high office have been
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THE WAYS OF THE HOUR
placed in the executive chair; and why not you as well as another?”
“It is an office `neither to be sought nor declined,’ said an
eminent statesman,” answered Timms, with a seriousness that
amused his companion; who saw, by his manner, that his old
pupil held himself in reserve for the accidents of political life.
“But, sir, I am very anxious to get right on the subject of the
Deestrict” Timms pronounced this word as we have spelt it
“and I know that if any man can set me right, it is yourself.”
“As respects the District, Mr. Timms, here is my faith. It is
a territory provided for in the Constitution for a national purpose, and must be regarded as strictly national property, held
exclusively for objects that call all classes of citizens within its
borders. Now, two great principles, in my view, should control
all legislation for this little community. As I have said already,
it would be tyranny to make the notions and policy of New
York or Vermont bear on the legislation of the District; but,
every member is bound to act strictly as a representative of
the people of the spot for whom the law is intended. If I were
in Congress, I would at any time, on a respectable application,
vote to refer the question of abolition to the people of the District; if they said ay, I would say ay; if no, no. Beyond this I would
never go; nor do I think the man who wishes to push matters
beyond this, sufficiently respects the general principles of representative government, or knows how to respect the spirit
of the national compact. On the supposition that the District
ask relief from the institution of slavery, great care should be
observed in granting the necessary legislation. Although the
man in South Carolina has no more right to insist that the
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JAMES FENIMORE COOPER
District should maintain the `peculiar institution,’ because his
particular State maintains it, than the Vermontese to insist on
carrying his Green Mountain notions into the District laws;
yet has the Carolinian rights in this territory that must ever be
respected, let the general policy adopted be what it may. Every
American has an implied right to visit the District on terms of
equality. Now, there would be no equality if a law were passed
excluding the domestics from any portion of the country. In
the slave States, slaves exclusively perform the functions of
domestics; and sweeping abolition might very easily introduce
regulations that would be unjust towards the slave – holders.
As respects the northern man, the existence of slavery in or
out of the District is purely a speculative question; but it is
not so with the southern. This should never be forgotten; and
I always feel disgust when I hear a northern man swagger and
make a parade of his morality on this subject.”
“But the southern men swagger and make a parade of their
chivalry, ‘Squire, on the other hand!”
“Quite true; but, with them, there is a strong provocation.
It is a matter of life and death to the south; and the comity
of which I spoke requires great moderation on our part. As
for the threats of dissolution, of which we have had so many,
like the cry of `wolf,’ they have worn themselves out, and are
treated with indifference.”
“The threat is still used, Mr. Dunscomb!”
“Beyond a doubt, Timms; but of one thing you may rest
well assured if ever there be a separation between the free and
the slave States of this Union, the wedge will be driven home
by northern hands; not by indirection, but coolly, steadily,
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THE WAYS OF THE HOUR
and with a thorough northern determination to open the
seam. There will be no fuss about chivalry, but the thing will
be done. I regard the measure as very unlikely to happen, the
Mississippi and its tributaries binding the States together, to
say nothing of ancestry, history, and moral ties, in a way to
render a rupture very difficult to effect; but, should it come at
all, rely on it, it will come directly from the north. I am sorry
to say there is an impatience of the threats and expedients that
have so much disfigured southern policy, that have set many
at the north to `calculating the value;’ and thousands may now
be found where ten years since it would not have been easy to
meet with one, who deem separation better than union with
slavery. Still, the general feeling of the north is passive; and I
trust it will so continue.”
“Look at the laws for the recovery of fugitives, ‘Squire, and
the manner in which they are administered.”
“Bad enough, I grant you, and full of a want of good faith.
Go to the bottom of this subject, Timms, or let it alone altogether. Some men will tell you that slavery is a sin, and contrary to revealed religion. This I hold to be quite untrue. At all
events, if it be a sin, it is a sin to give the son the rich inheritance of the father, instead of dividing it among the poor; to eat
a dinner while a hungrier man than yourself is within sound
of your voice; or, indeed, to do anything that is necessary and
agreeable, when the act may be still more necessary to, or confer greater pleasure on, another. I believe in a Providence; and
I make little doubt that African slavery is an important feature in God’s Laws, instead of being disobedience to them. But
enough of this, Timms you will court popularity, which is your
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JAMES FENIMORE COOPER
Archimedean lever, and forget all I tell you. Is Mary Monson
in greater favour now than when I last saw you?”
“The question is not easily answered, sir. She pays well, and
money is a powerful screw!”
“I do not inquire what you do with her money,” said Dunscomb, with the evasion of a man who knew that it would not
do to probe every weak spot in morals, any more than it would
do to inflame the diseases of the body; “but, I own, I should like
to know if our client has any suspicions of its uses?”
Timms now cast a furtive glance behind him, and edged
his chair nearer to his companion, in a confidential way, as if
he would trust him with a private opinion that he should keep
religiously from all others.
“Not only does she know all about it,” he answered, with a
knowing inclination of the head, “but she enters into the affair, heart and hand. To my great surprise, she has even made
two or three suggestions that were capital in their way! Capital!
yes, sir; quite capital! If you were not so stiff in your practice,
‘Squire, I should delight to tell you all about it. She’s sharp, you
may depend on it! She’s wonderfully sharp!”
“What! That refined, lady – like, accomplished young
woman!”
“She has an accomplishment or two you’ve never dreamed
of, ‘Squire. I’d pit her ag’in the sharpest practitioner in Duke’s,
and she’d come out ahead. I thought I knew something of preparing a cause; but she has given hints that will be worth more
to me than all her fees!”
“You do not mean that she shows experience in such practices?”
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THE WAYS OF THE HOUR
“Perhaps not. It seems more like mother – wit, I acknowledge; but it’s mother – wit of the brightest sort. She understands them reporters by instinct, as it might be. What is more,
she backs all her suggestions with gold, or current bank –
notes.”
“And where can she get so much money?”
“That is more than I can tell you,” returned Timms, opening some papers belonging to the case, and laying them a little
formally before the senior counsel, to invite his particular attention. “I’ve never thought it advisable to ask the question.”
“Timms, you do not, cannot think Mary Monson guilty?”
“I never go beyond the necessary facts of a case; and my
opinion is of no consequence whatever. We are employed to
defend her; and the counsel for the State are not about to get
a verdict without some working for it. That’s my conscience in
these matters, ‘Squire Dunscomb.”
Dunscomb asked no more questions. He turned gloomily to
the papers, shoved his glass aside, as if it gave him pleasure no
longer, and began to read. For near four hours he and Timms
were earnestly engaged in preparing a brief, and in otherwise
getting the cause ready for trial.
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CHAPTER XII
HEL. O, that my prayers could such affection move!
H
ER. The more I hate, the more he follows me.
H
EL. The more I love, the more he hateth me.
HER. His folly, Helena, is no fault of mine.
Midsummer Night’s Dream.
While Dunscomb and Timms were thus employed, the
younger members of the party very naturally sought modes of
entertainment that were more in conformity with their tastes
and years. John Wilmeter had been invited to be present at the
consultation; but his old feelings were revived, and he found
a pleasure in being with Anna that induced him to disregard
the request. His sister and his friend were now betrothed, and
they had glided off along one of the pretty paths of the Rattletrap woods, in a way that is so very common to persons in their
situation. This left Jack alone with Anna. The latter was timid,
shy even; while the former was thoughtful. Still, it was not easy
to separate; and they, too, almost unconsciously to themselves,
were soon walking in that pleasant wood, following one of its
broadest and most frequented paths, however.
John, naturally enough, imputed the thoughtfulness of his
companion to the event of the morning; and he spoke kindly to
her, and with a gentle delicacy on the subject, that more than
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THE WAYS OF THE HOUR
once compelled the warm – hearted girl to struggle against
her tears. After he had said enough on this topic, the young
man followed the current of his own thoughts, and sooke of
her he had left in the gaol of Biberry.
“Her case is most extraordinary,” continued John, “and
it has excited our liveliest sympathy. By ours, I mean the disinteresfed and intelligent; for the vulgar prejudice is strong
against her. Sarah, or even yourself, Anna” his companion
looked more like herself, at this implied compliment, than she
had done before that day”could not seem less likely to be guilty
of anything wrong, than this Miss Monson; yet she stands indicted, and is to be tried for murder and arson! To me, it seems
monstrous to suspect such a person of crimes so heinous.”
Anna remained silent half a minute; for she had sufficient
good sense to know that appearances, unless connected with
facts, ought to have no great weight in forming an opinion of
guilt or innocence. As Jack evidently expected an answer, however, his companion made an effort to speak.
“Does she say nothing of her friends, nor express a wish
to have them informed of her situation?” Anna succeeded in
asking.
“Not a syllable. I could not speak to her on the subject, you
know” “Why not?” demanded Anna, quickly.
“Why not? You’ve no notion, Anna, of the kind of person
this Miss Monson is. You cannot talk to her as you would to an
every – day sort of young lady; and, now she is in such distress,
one is naturally more cautious about saying anything to add to
her sorrow.”
“Yes, I can understand that,” returned the generous –
minded girl; “and I think you are very right to remember all
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JAMES FENIMORE COOPER
this, on every occasion. Still, it is so natural for a female to lean
on her friends, in every great emergency, I cannot but wonder
that your client”
“Don’t call her my client, Anna, I beg of you. I hate the word
as applied to this lady. If I serve her in any degree, it is solely as
a friend. The same feeling prevails with Uncle Tom; for I understand he has not received a cent of Miss Monson’s money,
though she is liberal of it to profuseness. Timms is actually
getting rich on it.”
“Is it usual for you gentlemen of the bar to give their services gratuitously to those who can pay for them?” “As far from
it as possible,” returned Jack, laughing. “We look to the main
chance like so many merchants or brokers, and seldom open
our mouths without shutting our hearts. But this is a case altogether out of the common rule; and Mr. Dunscomb works for
love, and not for money.”
Had Anna cared less for John Wilmeter, she might have
said something clever about the nephew’s being in the same
category as the uncle; but her feelings were too deeply interested to suffer her even to think what would seem to her profane. After a moment’s pause, therefore, she quietly said
“I believe you have intimated that Mr. Timms is not quite
so disinterested?”
“Not he Miss Monson has given him fees amounting to a
thousand dollars, by his own admission; and the fellow has had
the conscience to take the money. I have remonstrated about
his fleecing a friendless woman in this extravagant manner; but
he laughs in my face for my pains. Timms has good points, but
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