Chapter 11

The editor reflected a few moments, and then replied:

"A few months since, two or three articles were published in the Gazette that did refer to Everton in not a very kind manner."

"Do you know the author?"

"Yes."

"Have you any reasons for wishing to conceal his name?"

"None at all. They were written by a young man who was then in my office, named Tompkins."

"You are certain of this?"

"I am certain that he brought them to me in his own manuscript."

"Everton suspected a man named Ayres to be the author."

"His assistant editor at the time?"

"Yes; and what is more, discharged him from his employment on the strength of this suspicion."

"What injustice! Ayres is as innocent as you are."

"I am glad to hear it. The consequences to the poor man have been very sad. He has had no regular employment since, and his family are now suffering for even the common necessaries of life."

"That is very bad. Why didn't he deny the charge when it was made against him?"

"He was never accused. Everton took it for granted that he was guilty, and acted from this erroneous conclusion."

"What a commentary upon hasty judgments! Has he no employment now?"

"None."

"Then I will give him a situation. I know him to be competent for the place I wish filled; and I believe he will be faithful."

Here the interview ceased, and the gentleman who had taken the pains to sift out the truth returned to Everton's office.

"Well," said he, on entering, "I believe I have got to the bottom of this matter."

"What matter?" asked Everton, looking slightly surprised.

"The matter of Ayres's supposed attack upon you."

"Why do you say supposed?"

"Because it was only supposed. Ayres didn't write the article of which you complain."

"How do you know?"

"I've seen the editor of the Gazette."

"Did he say that Ayres was not the author?"

"He did."

"Who wrote it then?"

"A man named Tompkins, who was at the time employed in his office."

Everton sprang from his chair as if he had been stung.

"Tompkins!" he exclaimed.

"So he says."

"Can it be possible! And I have the viper in my employment."

"You have?"

"Yes; he has filled the place of Ayres nearly ever since the latter was dismissed from my office."

"Then you have punished the innocent and rewarded the guilty."

"So much for taking a thing for granted," said Everton, as he moved, restlessly, about the floor of his office.

So soon as the editor of the ---- Journal was alone, he sent for Tompkins, who was in another part of the building. As the young man entered his office, he said to him, in a sharp, abrupt manner,--

"Do you remember certain articles against me that appeared in the Gazette a few months ago?"

The young man, whose face became instantly red as scarlet, stammered out that he did remember them.

"And you wrote them?"

"Ye--ye--yes; bu--but I have regretted it since, very much."

"You can put on your hat and leave my employment as quickly as you please," said Mr. Everton, angrily. He had little control of himself, and generally acted from the spur of the occasion.

Tompkins, thus severely punished for going out of the way to attack a man against whom he entertained a private grudge, beat a hasty retreat, and left Mr. Everton in no very comfortable frame of mind.

On being so unceremoniously dismissed from employment, Mr. Ayres, who was by nature morbidly sensitive, shrank into himself, and experienced a most painful feeling of helplessness. He was not of a cheerful, confident, hopeful disposition. He could not face the world, and battle for his place in it, like many other men. A little thing discouraged him. To be thrust out of his place so unceremoniously--to be turned off for another, stung him deeply. But the worst of all was, the supply of bread for his family was cut off, and no other resource was before him.

From that time, for three months, his earnings never went above the weekly average of five dollars; and he hardly knew on one day where he was to obtain employment for the next. His wife, though in poor health, was obliged to dispense with all assistance, and perform, with her own hands, the entire work of the family. This wore her down daily, and Ayres saw her face growing thinner, and her step becoming more feeble, without the power to lighten her burdens.

Thus it went on from week to week. Sometimes, the unhappy man would grow desperate, and, under this feeling, force himself to make applications--to him humiliating--for employment at a fair compensation. But he was always unsuccessful.

Sickness at last smote the frame of his wife. She had borne up as long as strength remained, but the weight was too heavy, and she sank under it.

Sickness and utter destitution came together. Ayres had not been able to get any thing at all to do for several days, and money and food were both exhausted. A neighbour, hearing of this, had sent in a basket of provisions. But Ayres could not touch it. His sensitive pride of independence was not wholly extinguished. The children ate, and he blessed the hand of the giver for their sakes; yet, even while he did so, a feeling of weakness and humiliation brought tears to his eyes. His spirits were broken, and he folded his arms in impotent despair. While sitting wrapt in the gloomiest feelings, there came a knock at his door. One of the children opened it, and a lad came in with a note in his hand. On breaking the seal, he found it to be from the publisher of the Gazette, who offered him a permanent situation at twelve dollars a week. So overcome was he by such unexpected good fortune, that he with difficulty controlled his feelings before the messenger. Handing the note to his wife, who was lying on the bed, he turned to a table and wrote a hasty answer, accepting the place, and stating that he would be down in the course of an hour. As the boy departed, he looked towards his wife. She had turned her face to the wall, and was weeping violently.

"It was very dark, Jane," said Ayres, as he took her hand, bending over her at the same time and kissing her forehead, "very dark; but the light is breaking."

Scarcely had the boy departed, when a heavy rap at the door disturbed the inmates of that humble dwelling.

"Mr. Everton!" exclaimed Ayres in surprise, as he opened the door.

"I want you to come back to my office," said the visitor, speaking in a slightly agitated voice. "I never ought to have parted with you. But to make some amends, your wages shall be twelve dollars a week. And here," handing out some money as he spoke, "is your pay for a month in advance."

"I thank you for the offer, Mr. Everton," replied the young man, "but the publisher of the Gazette has already tendered me a situation, and I have accepted it."

The countenance of Mr. Everton fell.

"When did this occur?" he inquired.

"His messenger has been gone only a moment."

Mr. Everton stood for a few seconds irresolute, while his eyes took in the images of distress and destitution apparent on every hand. His feelings no one need envy. If his thoughts had been uttered at the time, his words would have been, "This is the work of my hands!" He still held out the money, but Ayres did not touch it.

"What does he offer you?" he at length asked.

"Twelve dollars a week," was replied.

"I will make it fifteen."

"I thank you," said Ayres, in answer to this, "but my word is passed, and I cannot recall it."

"Then take this as a loan, and repay me when you can."

Saying this, Everton tossed a small roll of bank bills upon the floor, at the feet of the young man, adding as he did so--"And if you are ever in want of a situation, come to me."

He then hurriedly retired, with what feelings the reader may imagine.

The reason for this suddenly awakened interest on the part of Mr. Everton, Ayres did not know until he entered the service of his new employer. He had the magnanimity to forgive him, notwithstanding all he had suffered; and he is now back again in his service on a more liberal salary than he ever before enjoyed.

Mr. Everton is now exceedingly careful how he takes any thing for granted.

LOVE AND LAW.

LLOYD TOMLINSON was a Virginia gentleman of the old school, and held high notions on the kindred subjects of social rank and family distinctions. His ancestors were connected with English families of some renown, and had figured in history as Cavaliers, during the troublesome times of Charles I. Portraits of the most noted of these were hung upon the walls in Mr. Tomlinson's fine old mansion, and it was with pride that he often referred to them and related the story of each. But such stories were generally wound up by an expression of regret for the sad deteriorations that were going on in this country.

"A man like that," he would sometimes say, pointing to the picture of a stern old Cavalier, "is rarely, if ever, met with, and in a little while there will be no living representative of such--at least not in America, where all social distinctions are rapidly disappearing. In fact, we have scarcely any thing left, even now, but the shadow of a true aristocracy, and that is only to be found in Virginia. At the North, mere wealth makes a man a gentleman; and this new invention of these degenerate times is fast being adopted even here in the 'Old Dominion.' But it won't do--unless a man is born and bred a gentleman, he never can become one."

It was no use to argue with the rigid old Virginian about the aristocracy of virtue, or the aristocracy of mind; he scouted at the idea, and reiterated, with added emphasis, that only he who was born of gentle blood could be a gentleman.

The family of Mr. Tomlinson, which had consisted of his wife, two sons, and two daughters, was, at the time our story opens, composed of only two members, himself and his youngest child, Edith, now in her nineteenth year. Death had taken all but one.

Edith, though born and bred a lady, her father observed, with pain, did not set a high value upon the distinction, and at last actually refused to receive the addresses of a young man who came of pure old English blood, and was a thorough gentleman in the eyes of Mr. Tomlinson, because she liked neither his principles, habits, nor general character, while she looked with favour upon the advances of a young attorney, named Denton, whose father, a small farmer in Essex county, had nothing higher than honesty and manly independence of which to boast.

The young gentleman of pure blood was named Allison. He was the last representative of an old family, and had come into possession, on attaining his majority, of a large landed estate immediately adjoining that owned by Mr. Tomlinson. The refusal of Edith to receive his addresses aroused in him an unhappy spirit, which he cherished until it inspired him with thoughts of retaliation. The means were in his hands. There existed an old, but not legally adjusted question, about the title to a thousand acres of land lying between the estates of Mr. Tomlinson and Mr. Allison, which had, more than fifty years before, been settled by the principal parties thereto on the basis of a fair division, without the delay, vexation, expense, and bitterness of a prolonged lawsuit. By this division, the father of Mr. Tomlinson retained possession of five hundred acres, and the grandfather of Mr. Allison of the other five hundred. The former had greatly improved the portion into the full possession of which he had come, as it was by far the most beautiful and fertile part of his estate. His old residence was torn down, and a splendid mansion erected on a commanding eminence within the limits of this old disputed land, at a cost of nearly eighty thousand dollars, and the whole of the five hundred acres gradually brought into a high state of cultivation. To meet the heavy outlay for all this, other and less desirable portions of the estate were sold, until, finally, only about three hundred acres of the original Tomlinson property remained.

Mr. Lloyd Tomlinson, as he advanced in years, and felt the paralyzing effects of the severe afflictions he had suffered, lost much of the energy he had possessed in his younger days. There was a gradual diminution in the number of hogsheads of tobacco and bushels of corn and wheat that went into Richmond from his plantation annually; and there was also a steady decrease in the slave population with which he was immediately surrounded. From a hundred and fifty, his slaves had decreased, until he only owned thirty, and with them did little more than make his yearly expenses. Field after field had been abandoned, and left to a fertile undergrowth of pines or scrubby oaks, until there were few signs of cultivation, except within the limits of two or three hundred acres of the rich lands contiguous to his dwelling.

Henry Denton, the young attorney to whom allusion has been made, had become deeply enamoured with Edith Tomlinson, who was often met by him in her unaristocratic intercourse with several excellent and highly intelligent families in the neighbourhood. To see her, was for him to love her; but the pride of her father was too well known by him to leave much room for hope that the issue of his passion would be successful, even if so fortunate as to win the heart of the maiden. He was inspired with courage, however, by the evident favour with which she regarded him, and even tempted to address her in language that no woman's ear could mistake--the language of love. Edith listened with a heart full of hope and fear. She had great respect for the character of Denton, which she saw was based upon virtuous principles; and this respect easily changed into love that was true and fervent; but she knew too well her father's deeply-rooted prejudices in favour of rank and family, to hope that the current of her love would run smooth. This proved to be no idle fear. When Henry Denton ventured to approach Mr. Tomlinson on the subject of his love for Edith, the old gentleman received him with great discourtesy.

"Who are you, sir?" he asked, drawing himself proudly up.

"I hardly think you need ask that question," the young man replied. "I am not an entire stranger to you, nor unknown in your neighbourhood."

"But who are you, sir? That is what I ask to know. Who is your father?"

"An honest man, sir." The young man spoke with firmness and dignity.

"Humph! there are plenty of them about. I could marry my daughter to an honest man any day I liked. Old Cato, my coachman, is an honest man; but that is no reason why I should let his son Sam marry Edith. No, my young friend, you cannot connect yourself with my family; be content with the daughter of some honest man like your father."

But the lover was not to be driven off by even such a rude repulse. He tried to argue his case, but Mr. Tomlinson cut the matter short by starting from his seat in great discomposure of mind, and pointing with a trembling hand to a grim picture on the wall, while he thus addressed the young man:--

"That, sir, is the portrait of Sir Edgar Tomlinson, who, by interposing his body between the spear of a Roundhead and his royal master, saved his life at the imminent risk of his own, for which gallant deed he was knighted, and afterwards presented, by royal hands, with a noble bride. When you have done as great a deed, young man, you will be worthy to claim the hand of my daughter--not before!"

Saying this, the excited father turned away and strode from the room, leaving Denton in dismay at the quick and hopeless termination of his conference.

On the next day, the young attorney, who was known to possess fine talents, acuteness, and extensive legal knowledge, was waited upon by Mr. Allison.

"I wish your services, Mr. Denton," said he, "in a suit of great importance that I am about commencing. Here is your retaining fee,"--and he laid upon the table of the lawyer a check for two hundred dollars. "If you gain me my cause, your entire fee will be five thousand dollars."

Allison then went on to state, that Mr. Tomlinson's claim to the five hundred acres next adjoining his (Allison's) plantation, and upon which his mansion stood, was a very doubtful one. That it, in fact, belonged to the Allison estate, and he was going to have the question of rightful ownership fully tested. He furnished the young attorney with documents, data, and every thing required for commencing the suit. Denton asked a week for an examination of the whole matter. At the end of this time, Allison again waited on him.

"Well, sir, what do you think of my case?" he said.

"I think it a doubtful one," was replied. "Still, it is possible you might gain it, as there are one or two strong points in your favour."

"I have not the least doubt of it. At any rate, I am going to give the matter a fair trial. Five hundred acres of such land are worth an effort to gain."

"But you must not forget that, as you will open the question of ownership on the whole tract of one thousand acres, you run the risk of losing the half of which you are now in possession."

"I'm willing to run the risk of losing five hundred acres of uncultivated land in the effort to acquire possession of as large a quantity in a high state of improvement," returned the uncompromising gentleman 'born and bred.' "So you will forthwith make a beginning in the matter."

The young attorney was grave and silent for some time. Then opening a drawer, he took out the check which had been given to him as a retaining fee, and handing it to Allison, said--"I believe, sir, I must decline this case."

"Why so?" quickly asked the young man, a deep flush passing over his brow.

"I do it from principle," was replied. "I find, on examining the whole matter, that your grandfather and the father of Mr. Tomlinson, while in possession of their respective estates, in view of the difficulty there was in settling the precise title of the tract of land, agreed to an equal division of it, which was done in honour and good faith, and I do not think their heirs, on either side, have any right to disturb the arrangement then made."

"I did not ask you to judge the case, but to present it for judgment," said Allison, greatly offended. "You may, perhaps, be sorry for this."

Another member of the bar, less scrupulous about the principles involved in a case, readily undertook the matter; and as the fee, if he proved successful, was to be a large one, opened it immediately.

When Mr. Tomlinson received notice of the fact that this long-settled dispute was again to be revived, he was thrown into a fever of alarm and indignation. The best counsel that could be employed was obtained, and his right to the whole thousand acres vigorously maintained. After a year of delays, occasioned by demurrers, allegations, and all sorts of legal hinderances, made and provided for the vexation of clients, the question came fairly before the court, where it was most ably argued on both sides for some days. When the decision at length came, it was adverse to Mr. Tomlinson.

An appeal was entered, and preparations made for a more vigorous contest in a higher court. Here the matter remained for over a year, when the decision of the first tribunal was confirmed.

Two years of litigation had made sad work with old Mr. Tomlinson; he looked at least ten years older. The same signs of decay appeared in every thing around him; his fields remained uncultivated, the fences were broken down, and cattle strayed where once were acres of grain or other rich products. Slaves and stock had been sold to meet the heavy expenses to which this suit had subjected him, and every thing seemed fast tending towards ruin. Once or twice during the period, Denton again approached him on the subject of Edith, but the proud old aristocrat threw him off even more impatiently than at first.

Edith, too, had changed during this time of trouble; she was rarely seen abroad, and received but few visitors at home. No one saw her smile, unless when her father was present; and then her manner was cheerful, though subdued. It was clear that she was struggling against her own feelings, in the effort to sustain his. Her father had extorted from her a promise never to marry without his consent; this settled the matter for the time between her and Denton, although both remained faithful to each other; they had not met for over a year.

Meantime the cause was carried up still higher, where it remained for two years longer, and then another adverse decision was made. Mr. Tomlinson was in despair; what with court charges, counsel fees, and loss from the diminished productions of his farm, he had sunk in the last four years over fifteen thousand dollars, a portion of which had been raised by mortgage on that part of his estate to which he had an undisputed title, almost equal to the full value of the land.

To the Supreme Court the matter came at last, but the old man had but little hope. In three courts, after a long and patient hearing, the decision had been against him; if it should again be adverse, he would be totally ruined. As it was, so greatly had his means become reduced, that it was with difficulty he could raise sufficient money to pay off the heavy expenses of the last court. The fees of his two attorneys were yet unsettled, and he feared, greatly, that he should not be able to induce more than one of them to attend at the Supreme Court. On the other side, money was expended freely, and the most energetic counsel that money could command enlisted. The fact was, the principal reason why Mr. Tomlinson had failed in each of the three trials that had already taken place lay in the superior tact, activity, and ability of the adverse counsel.

The anxiously looked-for period at length came, and Mr. Tomlinson made preparations for leaving home to meet the final issue, after nearly five years of most cruel litigation.

"Dear father!" said Edith, as they were about to separate. She spoke with forced calmness, while a faint smile of encouragement played about her lips; her voice was low and tender. "Dear father, do not let this matter press too heavily upon you; I have a hope that all will come out right. I do not know why, but I feel as if this dreadful blow will not be permitted to fall. Be calm, be brave, dear father! even the worst can be borne."

The maiden's voice began to quiver, even while she uttered hopeful words. Mr. Tomlinson, whose own heart was full, bent down and kissed her hurriedly. When she looked up, he was gone. How fast the tears flowed, as she stood alone on the spot where they had just parted!

A few hours after the father had left, a gentleman called and asked to see Edith. On entering the room where he had been shown by the servant, she found a young man whose countenance she had never seen before. He made known his business after a few embarrassing preliminaries, which proved to be an overture of peace from Allison, if she would accept the offer of marriage he had made her five years previously. After hearing the young man patiently through, Edith replied, in a firm voice--"Tell Mr. Allison that there is no evil in this world or the next that I would consider greater than a marriage with him."

He attempted to urge some considerations upon her, but she raised her hand, and said, in a tone of decision, "You have my answer, sir; take it to your principal."

The young man bowed, and withdrew in silence. He felt awed beneath the steady eye, calm face, and resolute voice of the maiden, crushed almost to the earth as she was.

When Mr. Tomlinson arrived at the capital, he found neither of his counsel there, although the case was expected to be reached on the succeeding day. On the next morning he received a note from one of them, which stated that illness would prevent his attending. The other attorney was prepared to go on with the case, but he was by far the weakest of the two.