“What legalities?”
“First of all, despite a recent push to legalize slavery in Oregon, it is illegal.”
“What is that to me? As you know, Brady is a free man. We have his papers to prove it.”
“Therein lies the problem.”
“What?” She frowned.
“Slaves are allowed temporary residence—I believe it’s up to three years—all other Negroes are excluded.”
“Excluded?” She blinked. “What are you saying?”
“I’m saying that Oregon voters voiced their opinion just this year. The majority voted to oppose slavery.”
“Good.” She nodded. “They should.”
“They also voted to restrict residency to Negroes in Oregon Country. By quite a margin, I’m afraid. Eight to one is what I believe I read.”
“I don’t understand.”
He set down a bucket and rubbed his chin. “I must agree…it’s not an easy concept to grasp. Opposing slavery is admirable, but opposing a free man due to his race…well, in my opinion, that is plain old bigotry.”
“But surely there are other free Negroes already living in Oregon. I’m certain that I’ve read of it somewhere. And I’ve heard of Negro explorers too. JT read something about it to us. Back in Kentucky.”
“Certainly, there are Negroes in Oregon. But according to the recently created law, they are not living there legally now.”
Elizabeth felt as if the dark clouds had rolled in again. But glancing up at the sky, she could see it was blue and clear. “I…uh…I don’t even know what to say about this…or how to respond. I’m stunned.”
“And I am terribly sorry to be the bearer of such bad news. I only felt you should know.”
Now JT was returning. “I just took Grandma a bunch of buffalo chips,” he told her. “Shall I put our awning down now?”
Flustered, she looked from JT to Will. “No, I don’t think so. Not now that the weather has passed. You go and help Brady with the livestock first.”
He just nodded but looked curiously at Will as he left.
“I’d better get this water to the ladies at my camp.” Will smiled in a congenial but apologetic way. “I just wanted you to be aware of these things, Elizabeth. I’d been looking for the proper chance to tell you for some time, but it just never seemed to come up.”
“As hard as it is to hear, I do appreciate knowing this.” She shook her head. “But I’d also appreciate it if you kept this news under your hat.”
“Of course. There’s no need to talk about it to others. Certainly we have enough prejudice on this wagon train already.”
“Although there are those who seem to like Brady.”
“Yes, most assuredly. Speaking for myself and my family, we do like Brady. It’s because of my fondness toward him that I’m telling you this.”
“So let me ask you one more thing, just to be clear. Are you saying that if Brady were my slave, he would be legally accepted in Oregon?”
“Apparently. But even then it would only be for a few years.” He held up his hands in a helpless way. “Although, to be honest, I am uncertain of how this law will be actually enforced in a territory like Oregon. Still, I suspect that some of the citizens will make an attempt.”
“Oh, my…” She frowned as she considered the implications.
“And let’s not forget what happened in Kansas a couple years ago.”
“The Kansas Riots?”
“Yes. Not unlike Oregon, the majority in Kansas wanted to be a free state, but their pro-slavery neighbors stirred things up.” He shook his head sadly. “It all turned rather nasty.”
“Is that why Oregon has voted like this?”
“I’m not sure.” His brow was furrowed. “And quite honestly, it seems to be in conflict with the Dred Scott decision.”
“What is that?”
“A case that was tried in early March. I was following it before we left Boston. The question was whether or not slavery should be allowed in the West.”
“And?” She waited eagerly.
“Dred Scott was a slave whose owner had lived in Illinois, a free state, as well as Wisconsin, also a free territory.”
“Wouldn’t it be illegal to own a slave in areas where slavery has been abolished?” Elizabeth felt confused.
“That was the point of this case. Actually, it was only part of the point since there was much political motivation as well. But on the surface, the question was to determine whether or not it was legal to own a slave in a free state. Unfortunately for Dred Scott, with five out of nine justices hailing from Southern states, the Supreme Court was stacked in favor of pro-slavery states.”
“So what did they decide?”
“The court ruled that Scott was not free.” Will let out a frustrated sigh. “Not based on his residency in either Illinois or Wisconsin. The opinion of the justices was that according to our constitution, Negroes were not considered citizens and therefore could not be considered free men.”
“But that makes no sense. Many Negroes live as free men in the North. Even Brady has his freedom papers. Is he not free?”
“Lawmaking is puzzling, Elizabeth.” He gave her a weary smile. “Our government must be proven and tried with each legislative step of the way. But on this complicated issue of slavery and states’ rights, our laws are conflicted and convoluted and confusing. To be perfectly honest, I am greatly relieved to be removed from it for a while. I fear that this issue can only tear our country apart.”
Elizabeth was trying to grasp all of this—trying to sort through and determine what needed to be done to protect Brady’s future. “So perhaps it would be in Brady’s best interest if we maintained a pretense when we settle…if we acted as if he is still our…our property.” The word tasted bitter in her mouth.
“It seems a safe course of action. Except that most folks on this wagon train are already aware that Brady is a free man. You and your family have made that much clear. It might be difficult to turn back the hands of time now.”
She let out a long sigh.
“Again, I regret being the bearer of bad news today. And, please know that if you have any questions or need legal counsel, I am always at your service.” He tipped his hat, smiling as he picked up his water pails. “As you can see, I am occasionally of more value than simply that of a water carrier.” He chuckled as he walked away, swinging his full buckets so that some of the water sloshed out.
But Elizabeth did not feel like laughing now. Not in the least. This news was greatly disturbing. So much so that it seemed almost unbelievable. But surely Will wouldn’t tell her a falsehood, and certainly not regarding such a serious subject. But if it were true, why hadn’t her father been aware? He was an avid reader. Surely he would have warned her that Brady would be unwelcome in Oregon, wouldn’t he? But then…Will had mentioned it had been put to a recent vote. Perhaps Father, like her, had been oblivious. And it wasn’t as if they’d originally planned to bring Brady along. He had made that choice in the eleventh hour.
Even so, this legislation was so unfair and unjust. In some ways it seemed even worse than the opinions of those who openly supported slavery—those whom she and her family had taken a stand against by becoming abolitionists. But for Oregonians to vote to oppose slavery on one hand and then turn around and vote to oppose residency to Negroes on the other…truly, it made no sense. And it made her angry. One reason she and James had originally planned to emigrate from Kentucky to Oregon was to escape all this. But suddenly it felt as if she had leaped from the frying pan into the fire—and taken poor unsuspecting Brady with her. What was to be done?
As Elizabeth filled the water barrel, she knew she would have to tell her father and Matthew about this. They had a right to know. Still, what could they do about it? It wasn’t as if they could simply abandon their loyal employee and friend out here on the Oregon Trail. And the few settlements and forts along the way weren’t welcoming to Brady’s situation either. It hurt to think about Bra
dy’s high expectations for his new life in Oregon Country. To consider his hopes of having his own land to work, his dreams of living his last days as a free man in a free land…well, it made her stomach ache and put a rock-hard lump in her throat.
As she walked to her parents’ camp, she silently prayed for divine guidance. God would have to lead her, she decided as she rounded a corner, spotting her mother and Ruth bent over the cooking fire. Just as God had led them through all the other steps of this journey, he would have to lead them in the best ways to help Brady.
“Is something wrong?” Clara asked as Elizabeth joined them.
Elizabeth pressed her lips together, giving a slight shake to her head—her clue to her mother that this was something she didn’t want to discuss in front of Ruth. Fortunately Clara understood. “Eli brought us a nice piece of bison roast.” She removed the lid from the Dutch oven so Elizabeth could spy the chunk of meat nestled with wild leeks.
“Looks good.” Elizabeth nodded.
“It won’t be done for another hour or so,” Clara said.
“And since supper will be late, Matthew and Jess want to go fishing,” Ruth said, “They asked me to come with them as soon as they’re done tending to their livestock. May I go, Mama?”
“Only if you promise to catch us a big trout to have for breakfast.” Elizabeth grinned at her.
“I’ll do my best.” She frowned with uncertainty. “But I might not catch one.”
“I know, sweetheart.” Elizabeth tweaked one of her braids and then waved at Jess, who was just coming into camp.
“Ready to go fishing?” Jess called out.
Ruth was off like a flash, and Elizabeth utilized the moment to tell her mother about what Will had just said.
“Oh, no!” Clara’s hand flew up to her mouth. “Is that really true?”
Elizabeth sighed and then turned to begin measuring the dry ingredients for the biscuits. “I wish it weren’t. But Will seemed to know what he was talking about. After all, he is an attorney.”
Clara nodded. “Of course. I’m sure he wouldn’t tell you this if he didn’t know it was fact.” She shook her head. “But it is so strange…that Oregonians would oppose slavery and then oppose Negroes as well. So very strange…and sad.”
“I don’t want to bring it up in front of Brady. Not yet. So if you could tell Father about it…he needs to know.” She threw some salt into the bowl. “Not that there is much to be done about it.”
“And you did say that slaves are allowed in Oregon?”
Elizabeth nodded as she began to stir. “For a few years. But most of these folks know Brady is a free man. And some of our fellow travelers plan to settle near us.”
“Even if that were not the situation, it would be such a shame for Brady to put on the pretense that he is a slave just to appease a foolish new law.” She poured a cup of rice into a pan. “Pish-posh! To think we’re out here in the middle of nowhere, assuming we have escaped the tomfoolery of divisive politics, only to hear of news like this…”
Elizabeth put an arm around her mother’s shoulders. “I’m sorry to share bad news, but I must admit it’s a comfort to know that my mother thinks as I do.”
Clara gave her a sad smile. “I wonder, Elizabeth—not that I think it will ever happen…probably not in my lifetime—but I wonder if women ever got the vote…do you think that would change these things?”
“If all women believed as we did, it might.” Elizabeth added a bit more water to the dough. “But to be fair, Father and Matthew think as we do, and that doesn’t seem to change these things.”
“Some folks…they say that only war will change these things.” Clara sighed. “Your father says that war may be unavoidable—a war between the states, splitting our country right down the middle.”
Despite the warm summer air, Elizabeth felt a chill run through her at her mother’s words. Oh, it wasn’t the first time she’d heard such rumors, but it was the first time she felt that they might be more than just idle talk. And although Will’s news about Brady was disheartening and unwelcome, she still believed they would all be better off in the West. She hoped they would be.
Chapter Four
The uphill travel seemed to get more rugged with each passing day. And the weather was not helping. Afternoon thunderstorms came almost daily, sometimes accompanied by hailstones the size of large peas. Naturally this would turn the already challenging trail into a muddy streambed. Teams occasionally lost their footing, and numerous breakdowns occurred. But the wagon train pressed steadily onward, trying to place as many miles behind them as possible.
Due to the recent afternoon storms, Elizabeth had switched driving shifts with Brady. It wasn’t that she didn’t think he could manage her team during foul weather, but if anything happened to one of her animals, she would prefer to be at the reins. Then she would have only herself to blame. Not that she was expecting calamity exactly…but it was hard to know.
Besides her own concerns, she felt worried that this trip was taking its toll on some of the older folks, including Brady and her parents. Oh, they didn’t complain, bless their souls, but sometimes her mother looked bone tired and had dark shadows beneath her eyes. And by the end of the day, Elizabeth couldn’t help but notice that her father’s usual spark and energy were missing. Sometimes he even snapped at the children, which was so unlike him. But she knew he was carrying a lot of pressure. It wasn’t easy leading his unit. And some emigrants seemed intent on making it much harder.
“The Taylors are going to have trouble,” Elizabeth quietly told her father after they finished their midday meal. He was helping her to check the hooves of her team. “Their wagon is far too heavy.” She glanced over her shoulder to the wagon that had been traveling in front of her the past few days. “Their team is struggling. It’s just a matter of time.”
Asa stood straight and removed his hat and wiped his brow. “I know.”
“I keep a safe distance behind them,” she said. “But it pains me to watch them, Father. Isn’t there something we can do?”
He shoved his hat back on his head and nodded. “Come with me.” He took her by the arm and began walking. “Let’s see if we can talk some sense in them together. I’ll speak to Mr. Taylor.” He gave her a sideways glance. “You talk to his wife.”
Elizabeth nodded grimly.
“Afternoon,” Asa said loudly to the Taylors. “Mind if we have a word with you?”
“Not at all.” Mr. Taylor made an uneasy smile. “Is something wrong?”
“Not yet.” Asa put his hands on his hips. “But it’s just a matter of time. You folks are putting our unit at risk, and it’s my job to tell you.”
“What are you saying?” Mrs. Taylor demanded.
“I’m saying your wagon is too heavy,” Asa told them.
“Our wagon is our business,” Mrs. Taylor shot back.
“I’ve told you once and I’ve told you twice…” Asa shook his finger at the wagon. “You must get rid of that piano before it’s too late.”
“The good Lord is watching over us,” Mrs. Taylor spoke in a superior tone. “There is no need for you to be concerned for our welfare.”
Asa looked as if he was about to sputter.
“I disagree with you, Mrs. Taylor.” Elizabeth spoke in her firmest tone, almost as if she were addressing one of her children caught in an act of disobedience. “My wagon follows yours, and your trouble could soon become my trouble.”
“We are having no trouble.” With narrowed eyes, Mrs. Taylor looked over to where her husband was focused on adjusting the harnesses.
“I see your team struggling more and more each day,” Elizabeth persisted. “It’s unfair and inhumane to make them pull such a load.”
“Our team is strong enough. The good Lord made animals to serve man, not the other way around.”
Asa exchanged glances with Elizabeth, encouraging her as he went over to speak quietly with Mr. Taylor.
“Again, I disagree with you. I
believe God expects us to take good care of our livestock.” She pointed to their team. “These mules are being overworked to the point of endangering lives. You may have noticed I’ve been keeping a safe distance from your wagon while we’re on the inclines. It’s because I’m afraid you’re going to have serious trouble.”
“The good Lord has brought us safely thus far, and I have the faith that he will continue to protect us.”
“I believe in God’s protection just as much as you, Mrs. Taylor.” Elizabeth tried to keep the anger building up inside of her in check. “But I also believe that God expects us to use the good sense that he gave us. To ignore wise counsel is both foolish and dangerous.”
“Mr. Taylor and I both use all of our good senses to serve our Lord.” Mrs. Taylor gave her a disdainful expression. “Sometimes I feel as if we are among a minority in our religious beliefs. But we are used to our solitude. The good book says that the road to heaven is straight and narrow, and only a few will choose to travel it.”
Elizabeth knew this had to do with the fact that her family did not attend the Taylors’ Sunday church services, but she wasn’t going to let this woman bait her with this distraction. “The road to heaven may be narrow, but the road to Oregon is filled with peril for unwise travelers,” she warned. “Please listen to us, Mrs. Taylor. Lighten your load before it’s too late. Do you want us to take our concerns to Captain Brownlee?”
Mrs. Taylor glared at Elizabeth now. “I’m sure the good captain has other matters to attend to.” Now she made what seemed a mocking smile. “And I’m sorry you don’t share my strong faith in the power of the good Lord to get us to our destination. But you are still a young woman, and I’m sure that the good Lord will continue tempering you and increasing your faith with maturity.”
“This is not about faith or maturity.” Elizabeth could see the wagons starting to move up ahead, and she was fresh out of patience and thus raising her voice. “This is about common sense, Mrs. Taylor! And it is not fair for you to put your team and all of us at risk just because you refuse to part with your precious piano!”
A Dream for Tomorrow Page 3
