Wild Western Tales 2: 101 Classic Western Stories Vol. 2 (Civitas Library Classics)

by Various

  "At a cock-fight, sir," murmured Jones, casting his eyes down.

  A slight sound came from the room where Tuck was seated, listening, and Paisley's round gray eyes rolled once, then steadied themselves fiercely upon Jones.

  "Did you notice anything further unusual, corporal?"

  "No, sir, except they was excited in there. Looked like they might be goin' to hev considerable rough house--a fuss, I mean, sir. Two was in their socks. I counted four guns on a table."

  "Take five men and go at once to the State-House. If the Governor needs assistance you will give it, but do nothing hasty. Stop trouble, and make none. You've got twenty minutes."

  "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 Boisé 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."

  [Illustration: "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 passing 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 cock-fights--a sign of his approach to the correct mental attitude 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 pass 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 acumen 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 Pères 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 Pères.

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

  "'Third March, 1863. The sessions of the Legislative Assemblies 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 Pères, "'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 prese
nt."

  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 Pères. 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 entitled 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?"

  "There is no attempt and no treachery, Mr. Gilet. You could have taken the oath long ago, like other officials. You can take it to-day--or take the consequences."

  "What? You threaten me, suh? Do I understand you to threaten me? Gentlemen of the Council, it seems Idaho will be less free than Missouri unless we look to it." The President of the Council had risen in his indignant oratorical might, and his more and more restless friends glared admiration at him. "When was the time that Price's Left Wing surrendered?" asked the orator. "Nevuh! Others have, be it said to their shame. We have not toiled these thousand miles fo' that! Others have crooked the pliant hinges of the knee that thrift might follow fawning. As fo' myself, two grandfathers who fought fo' our libuhties rest in the soil of Virginia, and two uncles who fought in the Revolution sleep in the land of the Dark and Bloody Ground. With such blood in my veins I will nevuh, nevuh, nevuh submit to Northern rule and dictation. I will risk all to be with the Southern people, and if defeated I can, with a patriot of old, exclaim,

  "'More true joy an exile feels Than Cæsuh with a Senate at his heels.'

  "Aye, gentlemen! And we will not be defeated! Our rights are here and are ours." He stretched his arm towards the Treasurer's strong-box, and his enthusiastic audience rose at the rhetoric. "Contain yo'selves, gentlemen," said the orator. "Twelve o'clock and our bill!"

  "I've said my say," said Ballard, remaining seated.

  "An' what'll ye do?" inquired Pete Cawthon from the agitated group.

  "I forbid you to touch that!" shouted Ballard. He saw Wingo moving towards the box.

  "Gentlemen, do not resort--" began Gilet.

  But small, iron-gray Hewley snatched his pistol from the box, and sat down astraddle of it, guarding his charge. At this hostile movement the others precipitated themselves towards the table where lay their weapons, and Governor Ballard, whipping his own from his armhole, said, as he covered the table: "Go easy, gentlemen! Don't hurt our Treasurer!"

  "Don't nobody hurt anybody," said Specimen Jones, opening the door.

  This prudent corporal had been looking in at a window and hearing plainly for the past two minutes, and he had his men posted. Each member of the Council stopped as he stood, his pistol not quite yet attained; Ballard restored his own to its armhole and sat in his chair; little Hewley sat on his box; and F. Jackson Gilet towered haughtily, gazing at the intruding blue uniform of the United States.

  "I'll hev to take you to the commanding officer," said Jones, briefly, to Hewley. "You and yer box."

  "Oh, my stars and stripes, but that's a keen move!" rejoiced Ballard to himself. "He's arresting us."

  [Illustration: "'DON'T NOBODY HURT ANYBODY,' SAID SPECIMEN JONES"]

  In Jones's judgment, after he had taken in the situation, this had seemed the only possible way to stop trouble without making any, and therefore, even now, bayonets were not fixed. Best not ruffle Price's Left Wing just now, if you could avoid it. For a new corporal it was well thought and done. But it was high noon, the clock not pushed back, and punctual Representatives strolling innocently towards their expected pay. There must be no time for a gathering and possible reaction. "I'll hev to clear this State-House out," Jones decided. "We're makin' an arrest," he said, aloud, "and we want a little room." The outside bystanders stood back obediently, but the Councillors delayed. Their pistols were, with Ballard's and Hewley's, of course in custody. "Here," said Jones, restoring them. "Go home now. The commanding officer's waitin' fer the prisoner. Put yer boots on, sir, and leave," he added to Pete Cawthon, who still stood in his stockings. "I don't want to hev to disperse anybody more'n what I've done."

  Disconcerted Price's Left Wing now saw file out between armed soldiers the Treasurer and his strong-box; and thus guarded they were brought to Boisé Barracks, whence they did not reappear. The Governor also went to the post.

  After delivering Hewley and his treasure to the commanding officer, Jones with his five troopers went to the sutler's store and took a drink at Jones's expense. Then one of them asked the corporal to have another. But Jones refused. "If a man drinks much of that," said he (and the whiskey certainly was of a livid, unlikely flavor), "he's liable to go home and steal his own pants." He walked away to his quarters, and as he went they heard him thoughtfully humming his most inveterate song, "Ye shepherds tell me have you seen my Flora pass this way."

  But poisonous whiskey was not the inner reason for his moderation. He felt very much like a responsible corporal to-day, and the troopers knew it. "Jones has done himself a good turn in this fuss," they said. "He'll be changing his chevron."

  That afternoon the Legislature sat in the State-House and read to itself in the Statutes all about oaths. It is not believed that any of them sat up another night; sleeping on a problem is often much better. Next morning the commanding officer and Governor Ballard were called upon by F. Jackson Gilet and the Speaker of the House. Every one was civil and hearty as possible. Gilet pronounced the captain's whiskey "equal to any at the Southern, Saint Louey," and conversed for some time about the cold season, General Crook's remarkable astuteness in dealing with Indians, and other topics of public interest. "And concernin' yoh difficulty y
esterday, Gove'nuh," said he, "I've been consulting the laws, suh, and I perceive yoh construction is entahley correct."

  And so the Legislature signed that form of oath prescribed for participants in the late Rebellion, and Hewley did not have to wait for his poker money. He and Wingo played many subsequent games; for, as they all said in referring to the matter, "A little thing like that should nevuh stand between friends."

  Thus was accomplished by Ballard, Paisley--and Jones--the Second Missouri Compromise, at Boisé City, Idaho, 1867--an eccentric moment in the eccentric years of our development westward, and historic also. That it has gone unrecorded until now is because of Ballard's modesty, Paisley's preference for the sword, and Jones's hatred of the pen. He was never known to write except, later, in the pages of his company roster and such unavoidable official places; for the troopers were prophetic. In not many months there was no longer a Corporal Jones, but a person widely known as Sergeant Jones of Company A; called also the "Singing Sergeant"; but still familiar to his intimate friends as "Specimen."

  Contents

  THE SERENADE AT SISKIYOU

  By Owen Wister

  Unskilled at murder and without training in running away, one of the two Healy boys had been caught with ease soon after their crime. What they had done may be best learned in the following extract from a certain official report:

  "The stage was within five miles of its destination when it was confronted by the usual apparition of a masked man levelling a double-barrelled shot-gun at the driver, and the order to 'Pull up, and throw out the express box.' The driver promptly complied. Meanwhile the guard, Buck Montgomery, who occupied a seat inside, from which he caught a glimpse of what was going on, opened fire at the robber, who dropped to his knees at the first shot, but a moment later discharged both barrels of his gun at the stage. The driver dropped from his seat to the foot-board with five buckshot in his right leg near the knee, and two in his left leg; a passenger by his side also dropped with three or four buckshot in his legs. Before the guard could reload, two shots came from behind the bushes back of the exposed robber, and Buck fell to the bottom of the stage mortally wounded--shot through the back. The whole murderous sally occupied but a few seconds, and the order came to 'Drive on.' Officers and citizens quickly started in pursuit, and the next day one of the robbers, a well-known young man of that vicinity, son of a respectable farmer in Fresno County, was overtaken and arrested."