Part 22 (1/2)
CHAPTER XVIII.
”And long shall timorous Fancy see The painted chief and pointed spear; And Reason's self shall bow the knee To shadows and delusions here.”
FRENEAU.
Deersfoot and Snake-tongue, with the two prisoners, after a short distance, met the main body of the Senecas. Beyond the grove was a small strip of partially cleared land, which was covered with a thick green-sward. Here the Indians halted, and immediately held a council, in which to deliberate upon the fate of their prisoners, and upon their future proceedings with reference to the cottage. When the failure of the negotiation was announced, the whole wrath of the Indians was concentrated upon the unfortunate attorney and his companion. In their eyes, the latter were answerable for all the wrongs which they fancied they had suffered from the pale-faces and their Tuscarora ally at the cottage.
Bagsley and the bailiff were placed in the centre of a circle of warriors. Rogers maintained a sullen silence, and surveyed the hostile countenances of the Senecas with a look of seeming indifference; but the attorney, from the moment that the unexpected refusal of Barton and Ralph to exchange him for the Tuscarora had shown him his imminent danger, remained seemingly stupefied with fear. But, as he beheld around him the a.s.semblage of warriors, and a certain appearance of deliberation, he began to recover the use of his faculties. Perhaps, he thought that the act of deliberation implied a doubt of their actual intention; or, perhaps, seeing that he might have an opportunity to plead for his life, he placed some reliance upon his oratorical powers.
But, whatever was the cause, it is certain that, in his appearance, he resumed a portion of his professional dignity of demeanor.
The warriors and their chiefs were a.s.sembled in council. Panther, as princ.i.p.al chief, occupied the most prominent situation; beside him sat Deersfoot and Snake-tongue, and two or three others, who were recognized as superior to the great ma.s.s of the Indians. When the a.s.sembly had finally a.s.sumed an appearance of order, the younger chief, whose name was Bearsclaw, arose to speak. He had never yet gained a reputation for oratory, and he a.s.sumed a modesty and humiliation that were proper to his station.
”Brothers,” said he, ”you know my name--it is Bearsclaw; it is a name which was given to me because I was thought to be strong in struggling with my enemy. I did not deserve it: I should have had a smaller name. I have not the tongue to speak; but I can tell what I think--I think these pale-faces should live. I think that we should keep them prisoners a little while, and then let them go. Shall I tell you why? They came to us freely; we did not take them! they have not wronged us. Perhaps I do not think right; I do not know but a little; but what I think I will speak. I see that you do not like my words, and I am sorry that you do not. If we kill them, we shall get into trouble. The pale-faces from the settlements will come out on the war-path, and will ravage our hunting grounds. I am not a coward--you have seen me in fight. My name is Bearsclaw. I cannot speak much; but I can tell what I think. I have spoken.”
This speech was received in silence--a silence, perhaps, that implied dissatisfaction. But Bagsley argued from it a favorable result; for he thought a matter could not be predetermined, about which a chief had spoken, as if there was doubt as to the propriety of the course that had been threatened. When Bearsclaw sat down, Snake-tongue, as the chief next highest in rank arose and said:
”Brothers, you have heard the counsel of Bearsclaw: he has a large name.
It is a great pity that a warrior with so brave a name, cannot be brave in speech. I do not think as he does. I am an Iroquois--of the nation of the Senecas. I have always been taught not to be afraid. Bearsclaw has said that the pale-faces from the settlements will follow us on the war-path. Let them come! We want to see them in the woods and fields. We do not want to see them skulking behind walls and log houses. Let them follow us into the woods: there is where I want to see them.
”I say that these pale-faces should die. They have been the cause of all our troubles. If it had not been for their fire-water to-day we should have tortured the brave that we tortured yesterday. He was a brave warrior, and it would have done us good to have tortured him. But he escaped; and how? The fire-water of these pale-faces made our young warriors careless, and we lost him; and we lost the pale-face squaw, and the squaw of Canendesha. We have lost, too, our pale-face friend; he has gone, and no one knows where. He was lost at the same time with the others. They have taken him and killed him. Should we let the pale-faces, who have done all this, go and laugh at us? No--let them die! They are not as brave as the warrior we had yesterday; but they will make sport for our young warriors. We shall be sorry if we do not take their scalps. We shall always think of it, and wish we had done it, when we think of our young men who have been killed in these forests. I have spoken.”
He sat down amidst loud cheers. He was evidently on the popular side; and the countenances of Bagsley and Rogers grew pale, as they saw the effect of this speech. But there was some hope yet; only two of the warriors had spoken, and, so far, the council was equally divided in opinion. It was with the utmost anxiety that they waited for Deersfoot to arise.
After the noise had subsided, and silence was restored, the latter arose to speak. He stood next to Panther in the estimation of the Senecas; and some there were, who preferred him to that chief, as a braver and more cunning warrior.
”Brothers,” he said in a tranquil tone, ”we have come here to decide upon two things. We are to say whether these pale-faces shall die, and we are to say what we shall do about the pale-faces at the cottage. I have no secrets; my heart is as open as my face. Snake-tongue has said that these pale-faces are the cause of all of our troubles. May be this is so; but I do not see it as he does. Our young men should not love the fire-water of the pale-faces. If they had not loved it, then the pale-faces could not have done us any harm. I do not know that they are to be blamed. I want to think about it a little while.
”But the other thing I _have_ thought about. I do not want to think any more about it. The pale-faces at the cottage have killed our young men.
They have made us ashamed, that so few pale-faces can escape from so many Injins. I am so ashamed that my heart is sad; and it will not be happy any more until we have taken their scalps. I wish to fight them again. I wish to see if we cannot burn down the cottage, and take them all prisoners. I am sure that we can do it. If we cannot, I shall be much more ashamed: and I shall think that the Senecas, like the Oneidas and Tuscaroras, are squaws. I, for one will never leave the valley of the Pleasant River, until I take with me, the scalp of one of those pale-faces. The scalps of these pale-faces will not do me any good; for they have not killed our young men. I want to wear in my belt the scalp of the enemy who has taken the scalp of a Seneca. Until that is done, I shall always be ashamed.
”Let these pale-faces live until we have attacked the cottage. If we take the scalps of our enemies there, we shall have taken enough; and we shall not want any more. If we do not get them, then we will think about these pale-faces. I have spoken.”
This speech, which had touched the hearts of the Senecas with shame, and kindled in them a wild hope of revenge, was received with shrieks of delight. In the direction which it had given to the thoughts of the Senecas, the prisoners were, for the moment, forgotten; and the counsel of Deersfoot would doubtless have been acquiesced in, had it not been for the fact that Panther did not share the general enthusiasm. When this was noticed, his more particular adherents at once become silent, and waited to take their cue from him. He was about to arise, when Bagsley, who had also become much excited by this appeal of Deersfoot, in his favor, and who was unable any longer to maintain silence, deeming this the favorable moment to make a finish of the ”case,” exclaimed, a.s.suming as much of a forensic position and demeanor, as his connection with Rogers would allow:
”If the Court please, gentlemen of the--Council; for I may denominate this respectable body, a Court, while it is actually sitting in _banco_, according to the peculiar laws by which it is governed--I have listened thus far, to this summary trial--a trial which, I may say, is unrecognized by any statute of which I am cognizant--with a high opinion of the ability and learning with which it has been conducted. But, as a prisoner on trial for his life, I respectfully submit, whether I have not the right to ask that this trial shall be conducted according to some recognized form. I have as yet seen no bill of indictment; I have not been called upon to plead; in other words, I have not had the privilege of alleging my innocence upon the record I have not been confronted with witnesses--therefore, in a legal point of view, I may consider this whole proceeding as _coram non judice_ and void, and of no binding force whatever. According to the law of the land, as generally understood, I am ent.i.tled to all of these rights. I, therefore, upon these grounds, to say nothing about many other points which I consider equally conclusive, wish to raise the question of jurisdiction. I could, doubtless, make a motion in arrest of judgment, _non obstante veredicto_; but a question of jurisdiction can be interposed at any time. I therefore respectfully submit, whether, according to the advice of my friend, Deersfoot, a _nolle prosequi_ should not be entered.”
”Bearsclaw has presented the case upon somewhat different grounds, but he arrives at the same conclusions. He alleges that we are guilty of no offence. He is correct, not only in fact, but as matter of law. It is a principle of the law, originating in a benevolent idea of mercy, that a prisoner is to be presumed innocent until he is proved guilty. I rely upon this principle, and I hope the court will make a note of it. On examination, it will be found to be a principle admirably adapted to Indian jurisprudence. Upon all of these grounds, I insist that Mr.
Rogers and myself should be discharged.”
At the conclusion of this speech, Rogers, who had listened with great pleasure, and who had a high idea of his friend's eloquence exclaimed with a gesture that lifted the attorney at least a foot from the ground, ”Them's my sentiments, and they are good law anywhere.”
The Indians had listened to this voluble speech of the attorney with mingled feelings of amazement and disgust. They could comprehend scarcely a word of the discourse, but its general tenor they understood; and that was, that he was begging for his life. If there is anything in the conduct of a prisoner which removes from an Indian all idea of mercy, it is an exhibition of cowardice, or a desire to escape torture, except by force or stratagem. The current which had set in their favor, on the conclusion of Deersfoot's speech, was effectually checked; and all that was now wanting, was Panther's approval, to decide them in favor of putting the prisoners to immediate torture.
Panther arose, and the a.s.sembly immediately became silent.
”Brothers,” said he, ”you have heard the words which have been spoken to you. It is for you to say which are wise, and which are foolish.
Bearsclaw, Snake-tongue and Deersfoot have all told you what they think.