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THE WAYS OF THE HOUR
her recent change of condition, as to be a little forgetful of her
daughter. At no other period of their joint lives would she have
permitted this beloved child to be absent from her, under such
circumstances, without greater care for her safety and comforts; but there is a honey – week, as well as a honey – moon;
and the intenseness of its feelings might very well disturb the
ordinary round of even maternal duties. Glad enough, however, was she now to see her daughter; when Anna, blooming,
and smiling, and blushing, flew into her mother’s arms.
“There she is, widow Mrs. Updyke I beg pardonmarried
woman, and Mrs. McBrain,” cried Dunscomb
“Ned is such an uneasy fellow, he keeps all his friends in
a fever with his emotions, and love, and matrimony; and that
just suits him, as he has only to administer a pill and set all
right again. But, there she is, safe and unmarried, thank heaven;
which is always a sort of consolation to me. She’s back again,
and you will do well to keep her, until my nephew, Jack, comes
to ask permission to carry her off, for good and all.”
Anna blushed more deeply than ever, while the mother
smiled and embraced her child. Then succeeded questions
and answers, until Mrs. McBrain had heard the whole story of
her daughter’s intercourse with Mary Monson, so far as it has
been made known to the reader. Beyond that, Anna did not
think herself authorized to go; or, if she made any revelation,
it would be premature for us to repeat it.
“Here we are, all liable to be indicated for felony,” cried
Dunscomb, as soon as the young lady had told her tale. “Timms
will be hanged, in place of his client; and we three will have
cells at Sing Sing, as accessaries before the act. Yes, my dear
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bride, you are what the law terms a `particeps criminis,’ and
may look out for the sheriff before you are a week older.”
“And why all this, Mr. Dunscomb?” demanded the half –
amused, half – frightened Mrs. McBrain.
“For aiding and abetting a prisoner in breaking gaol. Mary
Monson is off, beyond a question. She lay down in Sarah’s
drawing – room, pretending to be wearied, ten minutes since;
and has no doubt got through with her nap already, and is
on her way to Canada, or Texas, or California, or some other
out – of – the – way country; Cuba, for aught I know.”
“Is this so, think you, Anna?”
“I do not, mamma. So far from believing Mary Monson to
be flying to any out – of – the – way place, I have no doubt
that we shall find her fast asleep on Mr. Dunscomb’s sofa.”
“Uncle Dunscomb’s sofa, if you please, young lady.”
“No, sir; I shall call you uncle no longer,” answered Anna,
blushing scarlet “until until”
“You have a legal claim to the use of the word. Well, that
will come in due time, I trust; if not, it shall be my care to see
you have a title to a still dearer appellation. There, widow Mrs.
McBrain, I mean I think that will do.
But, seriously, child, you cannot imagine that Mary Monson means ever to return to her prison, there to be tried for
life?”
“If there is faith in woman, she does, sir; else would I not
have exposod myself to the risk of accompanying her.”
“In what manner did you come to town, Anna?” asked the
anxious mother. “Are you not now at the mercy of some driver
of a hackney – coach, or of some public cabman?”
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THE WAYS OF THE HOUR
“I understand that the carriage which was in waiting for us,
half a mile from Biberry, is Mrs. Monson’s” “Mrs.!” interrupted
Dunscomb “Is she, then, a married woman?”
Anna looked down, trembled, and was conscious of having betrayed a secret. So very precious to herself had been the
communication of Marie Moulin on this point, that it was ever
uppermost in her thoughts; and it had now escaped her under
an impulse she could not control. It was too late, however, to
retreat; and a moment’s reflection told her it would every way
be better to tell all she knew, on this one point, at least.
This was soon done; for even Marie Moulin’s means of information were somewhat limited. This Swiss had formerly
known the prisoner by another name; though what name, she
would not reveal. This was in Europe, where Marie had actually passed three years in this mysterious person’s employment. Marie had even come to America, in consequence of this
connection, at the death of her own mother; but, unable to
find her former mistress, had taken service with Sarah Wilmcter. Mary Monson was single and unbetrothed when she left
Europe. Such was Marie Moulin’s statement. But it was understood she was now married; though to whom, she could not
say. If Anna Updyke knew more than this, she did not reveal
it at that interview.
“Ah! Here is another case of a wife’s elopement from her
husband,” interrupted Dunscomb, as soon as Anna reached
this point in her narration; “and I dare say something or other
will be found in this wretched Code to uphold her in her disobedience. You have done well to marry, Mrs. McBrain; for,
according to the modern opinions in these matters, instead of
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JAMES FENIMORE COOPER
providing yourself with a lord and master, you have only engaged an upper – servant.”
“No true – hearted woman can ever look upon her husband in so degrading a light,” answered the bride, with spirit.
“That will do for three days; but wait to the end of three years.
There are runaway wives enough, at this moment, roaming up
and down the land, setting the laws of God and man at defiance, and jingling their purses, when they happen to have
money, under their lawful husbands’ noses; ay, enough to set
up a three – tailed bashaw! But this damnable Code will uphold them, in some shape or other, my life for it. One can’t
endure her husband because he smokes; another finds fault
with his not going to church but once a day; another quarrels
with him for going three times; another says he has too much
dinner – company; and another protests she can’t get a male
friend inside of her house. All these ladies, forgetful as they are
of their highest earthly duties, forgetful as they are of woman’s
very nature, are the models of divine virtues, and lay claim to
the sympathies of mankind. They get those of fools; but prudent and reflecting men shake their heads at such wandering
deisses.”
“You are severe on us women, Mr. Dunscomb,” said the
bride.
“Not on you, my dear Mrs. McBrain never a syllable on
you . But go on, child; I have had the case of one of these vagrant wives in my hands, and know how mistaken has been
the disposition to pity her. Men lean to the woman’s side; but
the frequency of the abuse is beginning to open the eyes of the
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THE WAYS OF THE HOUR
public. Go on, Anna dear, and let us hear it all or all you have
to tell us.”
Very little remained to be related. Marie Moulin, herself,
knew very little of that which had occurred since her separation from her present mistress in France. She did make one
statement, however, that Anna had deemed very important;
but which she felt bound to keep as a secret, in consequence of
the injunctions received from the Swiss.
“I should have a good deal to say about this affair,” observed Dunscomb, when his beautiful companion was done,
“did I believe that we shall find Mary Monson on our return
to my house. In that case, I should say to you, my dear widowMrs. McBrain, I mean the devil take that fellow Ned, he’ll have
half the women in town bearing his name before he is doneWell, Heaven be praised! he can neither marry me, nor give me
a stepfather, let him do his very best. There’s comfort in that
consideration, at any rate.”
“You were about to tell us what you would do,” put in the
bride, slightly vexed, yet too well assured of the counsellor’s
attachment to her husband to feel angry”you must know how
much value we all give to your advice.”
“I was about to say that Anna should not return to this mysterious convict no, she is not yet convicted, but she is indicted,
and that is something but return she should not, were there the
least chance of our finding her, on our return home. Let her go,
then, and satisfy her curiosity, and pass the night with Sarah,
who must be through with her first nap by this time.”
Anna urged her mother to consent to this arrangement, putting forward her engagement with Mary Monson, not to desert
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JAMES FENIMORE COOPER
her. McBrain driving to the door, from paying his last visit that
night, his wife gave her assent to the proposition; the tenderest
mother occasionally permitting another and more powerful
feeling to usurp the place of maternal care. Mrs. McBrain, it
must be admitted, thought more of the bridegroom, sixty as he
was, than of her charming daughter; nor was she yet quite free
from the awkwardness that ever accompanies a new connection of this nature when there are grown – up children; more
especially on the part of the female. Then Anna had communicated to her mother a most material circumstance, which it
does not suit our present purpose to reveal.
“Now for a dozen pair of gloves that we do not find Mary
Monson,” said the lawyer, as he walked smartly towards his
own residence, with Anna Updyke under his arm.
“Done!” cried the young lady “and you shall pay if you
lose.”
“As bound in honour. Peter” the grey – headed black who
answered the summons to the door”will be glad enough to see
us; for the old fellow is not accustomed to let his young rogue
of a master in at midnight, with a charming young woman under his arm.”
Anna Updyke was right. Mary Monson was in a deep sleep
on the sofa. So profound was her rest, there was a hesitation
about disturbing her; though twelve, the hour set for the return of the carriage to Biberry, was near. For a few minutes
Dunscomb conversed with his agreeable companion in his
own library.
“If Jack knew of your being in the house, he would never
forgive my not having him called.”
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THE WAYS OF THE HOUR
“I shall have plenty of occasions for seeing Jack,” returned
the young lady, colouring. “You know how assiduous he is in
this cause, and how devoted he is to the prisoner.”
“Do not run away with any such notion, child; Jack is
yours, heart and soul.” “Hist there is the carriage; Mary must
be called.”
Away went Anna, laughing, blushing, but with tears in her
eyes. In a minute Mary Monson made her appearance, some –
what refreshed and calmed by her short nap.
“Make no excuse for waking me, Anna,” said this unaccountable woman. “We can both sleep on the road. The carriage is as easy as a cradle; and, luckily, the roads are quite
good.”
“Still they lead to a prison, Mrs. Monson!”
The prisoner smiled, and seemed to be lost in thought. It
was the first time any of her new acquaintances had ever addressed her as a married woman; though Marie Moulin, with
the exception of her first exclamation at their recent meeting, had invariably used the appellation of Madame. All this,
however, was soon forgotten in the leave – taking. Dunscomb
thought he had seldom seen a female of higher tone of manners, or greater personal charms, than this singular and mysterious young woman appeared to be, as she curtsied her adieu.
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CHAPTER XVII
“What then avail impeachments, or the law’s
Severest condemnation, while the queen
May snatch him from the uplifted hand of justice?”
Earl of Essex.
Perhaps the most certain proof that any people can give of
a high moral condition, is in the administration of justice. Absolute infallibility is unattainable to men; but there are wide
chasms in right and wrong, between the legal justice of one
state of society and that of another. As the descendants of Englishmen, we in this country are apt to ascribe a higher tone of
purity to the courts of the mother country, than to those of
any other European nation. In this we may be right, without
inferring the necessity of believing that even the ermine of
England is spotless; for it can never be forgotten that Bacon
and Jeffries once filled her highest judicial seats, to say nothing of many others, whose abuses of their trusts have doubtless been lost in their comparative obscurity. Passing from the
parent to its offspring, the condition of American justice, so far
as it is dependent on the bench, is a profound moral anomaly.
It would seem that every known expedient of man has been
resorted to, to render it corrupt, feeble, and ignorant; yet he
would be a hardy, not to say an audacious commentator, who
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THE WAYS OF THE HOUR
should presume to affirm that it is not entitled to stand in the
very foremost ranks of human integrity.
Ill paid, without retiring pensions, with nothing to expect
in the way of family and hereditary honours and dignities;
with little, in short, either in possession or in prospect, to give
any particular inducement to be honest, it is certain that, as
a whole, the judges of this great republic may lay claim to be
classed among the most upright of which history furnishes any
account. Unhappily, popular caprice, and popular ignorance,
have been brought to bear on the selection of the magistrates,
of late; and it is easy to predict the result, which, like that on
the militia, is soon to pull down even this all – important machinery of society to the level of the common mind.
Not only have the obvious and well – earned inducements
to keep men honest competence, honours, and security in office been recklessly thrown away by the open hand of popular
delusion, but all the minor expedients by which those who
cannot think might be made to feel, have been laid aside, leaving the machinery of justice as naked as the hand. Although the
colonial system was never elaborated in these last particulars,
there were some of its useful and respectable remains, down as
late as the commencement of the present century. The sheriff
appeared with his sword, the judge was escorted to and from
the courthouse to his private dwelling with some show of attention and respect, leaving a salutary impression of authority
on the ordinary observer. All this has disappeared. The judge
slips into the county town almost unknown; lives at an inn
amid a crowd of lawyers, witnesses, suitors, jurors and horse –
shedders, as Timms calls them; finds his way to the bench as
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JAMES FENIMORE COOPER
best he may; and seems to think that the more work he can do
in the shortest time is the one great purpose of his appointment. Nevertheless, these men, as yet, are surprisingly incorrupt and intelligent. How long it will remain so, no once can
predict; if it be for a human life, however, the working of the
problem will demonstrate the fallibility of every appreciation
of human motives. One bad consequence of the depreciation
of the office of a magistrate, however, has long been apparent,
in the lessening of the influence of the judge on the juries; the
power that alone renders the latter institution even tolerable.
This is putting an irresponsible, usually an ignorant, and often
a corrupt arbiter, in the judgment – seat, in lieu of the man of
high qualities for which it was alone intended.
The circuit and oyer and terminer for Duke’s presented
nothing novel in its bench, its bar, its jurors, and we might add
its witnesses. The first was a cool – headed, dispassionate man,
with a very respectable amount of legal learning and experience, and a perfectly fair character. No one suspected him of
acting wrong from evil motives; and when he did err, it was
ordinarily from the pressure of business; though, occasionally,
he was mistaken, because the books could not foresee every
possible phase of a case. The bar was composed of plain, hard –
working men, materially above the level of Timms, except in
connection with mother – wit; better educated, better mannered, and, as a whole, of materially higher origin; though, as
a body, neither profoundly learned nor of very refined deportment. Nevertheless, these persons had a very fair portion of
all the better qualities of the northern professional men. They
were shrewd, quick in the application of their acquired knowl-
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