Miles Wallingford

Chapter 5

"Well, a sloop is a pleasant object to a sailor, when he can set nothing better. Then there is this Mr. Van Ta.s.sel to settle with--you may have a ten years" law-suit on your hands, to amuse you."

"I"ll make short work with that scamp, when I fall in with him. You"re right enough, Miles; that affair must be settled before I can lift an anchor. My mother tells me he lives hard by, and can be seen, at any moment, in a quarter of an hour. I"ll pay him a visit this very night."

This declaration caused me to pause. I knew Marble too well, not to foresee trouble if he were left to himself in a matter of this nature, and thought it might be well to inquire further into the affair. Sailors do everything off-hand. Mrs. Wetmore telling me that her son"s statement was true, on my going back to the house to question her in the matter, and offering us the use of an old-fashioned one-horse chaise, that the only farm-labourer she employed was just then getting ready to go in, in quest of Kitty, I availed myself of the opportunity, took the printed advertis.e.m.e.nt of the sale to read as we went along, obtained our directions, and off Marble and I went in quest of the usurer.

There would be sufficient time for all our purposes. It is true that the horse, like the house, its owner, the labourer, the chaise, and all we had yet seen about Willow Cove, as we had learned the place was called, was old; but he was the more safe and sure. The road led up the ascent by a ravine, through which it wound its way very prettily; the labourer walking by our side to point out the route, after we should reach the elevation of the country that stretched inland.

The view from the height, as it might be termed in reference to the river, though it was merely on the level of the whole region in that portion of the State, was both extensive and pretty. Willow Grove, as Marble called his mother"s place three or four times, while our horse was working his way up the ascent, looked more invitingly than ever, with its verdant declivities, rich orchards, neat cottage, all ensconced behind the sheltering cover of the river heights. Inland, we saw a hundred farms, groves without number, divers roads, a hamlet within a mile of us, an old-fashioned extinguisher-looking church-spire, and various houses of wood painted white, with here and there a piece of rustic antiquity in bricks, or stone, washed with lime; or some livelier paint; for the Dutch of New York had brought the habits of Holland with them, delighting in colours. This relief may be desirable in a part of the world where the eternal green of the meadows in a manner fatigues the eye; but certainly the grey of nature has no just compet.i.tor in the tints of the more artificial portions of the ordinary landscape. White may make a scene look gay; but it can never lend it dignity, or the solemn hues that so often render the loveliness of a view impressive, as well as sweet. When this glaring colour reaches the fences, it gives the prettiest landscape the air of a bleaching-yard, or of a great laundry, with the clothes hung out to dry!

The guide pointed out to us the house of Van Ta.s.sel, and another at which we should find Kitty, who was to be brought home by us on our return.

Understanding the course and distance, we put to sea without any misgivings. The horse was no flyer, and Marble and I had plenty of leisure to arrange preliminaries before reaching the door to which we were bound.

After some consultation, and a good of discussion, I succeeded in persuading my companion it would not be wisest to break ground by flogging the attorney--a procedure to which he was strongly inclined. It was settled, however, he was at once to declare himself to be Mrs. Wetmore"s son, and to demand his explanations in that character; one that would clearly give him every claim to be heard.

"I know what these usurers, as you call "em, Miles, must be," said the mate. "They are a sort of in-sh.o.r.e p.a.w.n-brokers; and the Lord have mercy on them, for I"ll have none. I"ve had occasion to p.a.w.n a watch, or a quadrant, in my time; and b.l.o.o.d.y poor prices does a fellow get for his goods and chattels. Yes, yes; I"ll let the old gentleman know, at once, I"m Van Duzer Oloff Marble Wetmore Moses, or whatever"s my name; and will stand up for the right in a fashion that will surprise him: but what are you to do in the mean time?"

It struck me, if I could get Marble to attempt practising a sort of _ruse_, it would have the effect to prevent his resorting to club-law, towards which I knew he had a strong natural disposition, and of which I was still a little afraid. With this object, then, I conceived the following scheme.

"You shall simply introduce me as Mr. Miles Wallingford," I said, "but in a formal manner, that may induce this Mr. Van Ta.s.sel to-imagine I"m a sort of lawyer; and this may have the effect to awe him, and bring him to terms the easier. Do not _say_ I am a lawyer, for that will not be true, and it will also be awkward falling back when the truth comes to be known."

Marble took the idea, and seemed pleased with it, though he affirmed that there could be no such thing as acting lawyer without lying a little, and that "the truth was too good for one of your b.l.o.o.d.y usurers." I got him trained, however, by the time we reached the door; and we alighted as well prepared for our task as could be expected.

There was nothing about the residence of "Squire Van Ta.s.sel to denote the grasping money-dealer, unless a certain negligence of the exterior might be supposed to betray the abode of such a man. His friends wished to ascribe this to an indifference to appearances; but the mult.i.tude, more accurately imputed it to parsimony. When the very soul gets to be absorbed in the process of rolling gold over and over, in order to make it acc.u.mulate, the spirit grudges the withdrawal of the smallest fraction from the gainful pursuit; and here lies the secret of the disdain of appearances that is so generally to be met with in this description of persons. Beyond this air of negligence, however, the dwelling of Van Ta.s.sel was not to be distinguished from those of most of the better houses of that part of the country. Our application for admission was favourably received, and, in a minute, we were shown into the attorney"s office.

"Squire Van Ta.s.sel, as this man was universally termed, eyed us keenly as we entered, no doubt with a view to ascertain if we were borrowers. I might possibly have pa.s.sed for one of that character, for I aimed at looking serious and thoughtful; but I would defy any man to mistake Moses for one who came on such an errand. He looked more like a messenger sent by the Father of Sin, to demand the payment of a certain bond that had been signed in blood, and of which the fatal pay-day had at length arrived. I had to give the skirt of his coat a pull, in order to recall him to our agreement, else I do think the first salutation received by the attorney, would have been a broadside in anything but words. The hint succeeded, and Marble permitted our host to open the communications.

Squire Van Ta.s.sel had a very miserly exterior. He even looked ill fed; though doubtless this appearance was more a consequence of habit of body, than of short-feeding. He wore spectacles with black rims, and had the common practice of looking over them at objects at a distance, which gave him an air still more watchful than that which he imbibed from character.

His stature was small, and his years about sixty, an age when the acc.u.mulation of money begins to bring as much pain as pleasure; for it is a period of life when men cannot fail to see the termination of their earthly schemes. Of all the pa.s.sions, however, avarice is notoriously that which the latest loosens its hold on the human heart.

"Your servant, gentlemen," commenced the attorney, in a manner that was civil enough; "your servant; I beg you to help yourselves to chairs." We all three took seats, at this invitation. "A pleasant evening," eyeing us still more keenly over his gla.s.ses, "and weather that is good for the crops. If the wars continue much longer in Europe," another look over the gla.s.ses, "we shall sell all the substance out of our lands, in order to send the belligerents wheat. I begin to look on real estate security as considerably less valuable than it was, when hostilities commenced in 1793, and as daily growing less and less so."

"Ay, you may say that," Marble bluntly answered; "particularly the farms of widows and orphans."

The ""Squire" was a little startled at this unexpected reply. He looked intently at each of us again, over the spectacles; and then asked, in a manner divided between courtesy and authority--

"May I inquire your names, and the object of this visit?"

"Sartain," said Marble. "That"s reasonable and your right. We are not ashamed of our names, nor of our errand. As for the last, Mr. Van Ta.s.sell, you"ll know it sooner than you will wish to know it; but, to begin at the right end, this gentleman with me, is Mr. Miles Wallingford, a partic"lar friend of old Mrs. Wetmore, who lives a bit down the road yonder, at a farm called Willow Grove; "Squire Wallingford, sir, is _her_ friend, and _my_ friend, and I"ve great pleasure in making you acquainted with him."

"I am happy to see the gentleman," answered Van Ta.s.sel, taking another look, while at the same time he glanced his eye at an alphabetical list of the attorneys and counsellors, to see what place I occupied among them.

"Very happy to see the gentleman, who has quite lately commenced practice, I should think by his age, and my not remembering the name."

"There must be a beginning to all things, Mr. Van Ta.s.sel," I replied, with a calmness that I could see the old usurer did not like.

"Very true, sir, and I hope your future success will be in proportion to the lateness of your appearance at the bar. Your companion has much more the air of a sailor than of a lawyer."--This was true enough, there being no mistaking Marble"s character, though I had put on a body-coat to come ash.o.r.e in;--"I presume _he_ is not in the practice."

"That remains to be seen, sir." answered Marble. "Having told you my friend"s name, Mr. Van Ta.s.sel, I will now tell you my own. I am called Moses Marble Wetmore Van Duser Oloff, sir, or some such b.l.o.o.d.y thing; and you"re welcome to take your pick out of the whole list. I"ll answer to either of them aliases."

"This is so extraordinary and unusual, gentlemen, I scarce know what to make of it. Has this visit any connection with Mrs. Wetmore, or her farm, or the mortgage I have been foreclosing on the last?"

"It has, sir; and I am that Mrs. Wetmore"s son--yes sir, the only child of that dear, good, old soul."

"The son of Mrs. Wetmore!" exclaimed Van Ta.s.sel, both surprised and uneasy. "I knew there _was_ a son; but I have been always told it was impossible to find him. I see no resemblance, sir, in you to either George Wetmore, or Kitty Van Duser."

Now this was not altogether true. As for George Wetmore, they who had known him in middle age, afterwards declared that Moses did resemble him greatly; while I, myself, could trace in the mouth and milder expression of the mate"s features, a strong likeness to the subdued character of his aged mother"s face. This resemblance would not have been observed, in all probability, without a knowledge of the affinity that existed between the parties; but, with that knowledge, it was not easy to overlook.

"Resemblance!" repeated Marble, much in the tone of one who is ready to quarrel on the slightest provocation; "how should there be any resemblance, after the life I"ve led. In the first place, I was carried out of my mother"s sight in less than ten days after I was born. Then I was placed on a tombstone, by way of encouragement; after which, they sent me to live among paupers. I ran away at ten years old, and went to sea, where I"ve played the part of man-of-war"s-man, privateer"s-man, smuggler, mate, master, and all hands; everything, in short, but a pirate and mutineer. I"ve been a b.l.o.o.d.y hermit, Mr. Van Ta.s.sel, and if that won"t take the resemblance to anything human out of a fellow, his face is as unchangeable as that on a gold coin."

"All this, Mr. Wallingford, is so unintelligible to me, that I shall have to ask you to explain it."

I can only add to it, sir, my belief that every word you hear is true. I am satisfied that this is, in a legal sense, Oloff Van Duser Wetmore, the only surviving child of George Wetmore and Catharine Van Duser. He has come to see you in relation to a claim you are said to hold against the farm his mother inherited from her parents."

"_Said_ to hold!--I certainly do hold George Wetmore"s bond, secured by a mortgage signed by his wife, balance due, including interest and costs, $963.42; and I am proceeding to sell, under the statute. One sale has been postponed, to oblige the widow; for a merciful man would not wish to press a single and aged woman, though I"ve lain out of my money a very long time. You are aware, sir, that I lose all my interest on interest, and must take up with just what the law will give; hardship enough in active times like these, when not a day pa.s.ses that something good does not offer in the way of purchasing the best of securities, at liberal discounts.

Trade is so lively, now, Mr. Wallingford, that men will almost sell their souls for money."

"I rather think, sir, that some men will do this at all times; nay, do it hourly, daily. But, I am instructed"--I could not help acting the counsel a little, on the occasion--"I am instructed that the bond of George Wetmore is paid in full."

"How can that be, sir, while I still hold bond and mortgage? As a business man, you must understand the value to be attached to the idle tales of women, and can see the danger of taking _their_ gossip for authority.

George Wetmore had some knowledge of business, and would not be likely to pay his bond without taking it up, or at least of obtaining a receipt; much less leave the mortgage on record."

"I am informed he did take your receipt, though he presumes he must have lost it with a missing pocket-book, which his widow supposes to have been dropped from his coat, the very day he returned from the court where he met you, and where he says he paid you the money, being anxious to stop interest as soon as possible."

"A very idle story, and one you do not suppose the chancellor will believe, confirmed by the _hearsay_ of the party interested in preserving the property. You are aware, sir, that the sale can be stopped only by an injunction from the Court of Chancery."

Now, I was certainly no lawyer; but, like almost every American, I knew something of that branch of the jurisprudence of the country, which touched my own interests. As a land-holder, I had a little knowledge of the law of real estate, and was not absolutely ignorant of the manner in which matters were managed in that most searching of all tribunals, the Court of Chancery. A lucky thought suggested itself to my mind on the instant, and I made use of it on the spur of the moment.

"It is quite true, sir," I answered, "that any prudent judge might hesitate about entering a decree on authority no better than the oath of Mrs. Wetmore that she had heard her husband say he had paid the money; but you will remember that the party replying has to swear to his answer. All of us might be better satisfied in this affair, were you to make oath that the money was never paid."

This. .h.i.t told; and from that moment I did not entertain a doubt that Wetmore had paid the money, and that Van Ta.s.sel retained a perfect recollection of the whole affair. This much I could read in the man"s altered countenance and averted eye, though my impressions certainly were not proof. If not proof, however, for a court of justice, they served to enlist me earnestly in the pursuit of the affair, into which I entered warmly from that moment. In the meantime, I waited for Van Ta.s.sel"s answer, watching his countenance the whole time, with a vigilance that I could easily see caused him great embarra.s.sment.

"Kitty Wetmore and I were born neighbours" children," he said; "and this mortgage has given me more trouble than all the rest of my little possessions. That I have been in no hurry to foreclose is plain by the length of time I"ve suffered to go by, without claiming my dues. I could wait no longer, without endangering my rights, as there would be a presumption of payment after twenty years, and a presumption that would tell harder against me than old Kitty"s oath. We are neighbours" children, as I"ve said, nevertheless, and rather than push matters to extremities I will consent to some sort of a compromise."

"And what sort of a compromise will be agreeable to your notions of justice, Mr. Van Ta.s.sel?"

"Why, sir, as Kitty is old, it would be a sad thing to drive her from the roof under which she was born. This I"ve said and thought from the first, and say, _now_. Still, I cannot part with my property without a compensation; though I"m willing to wait. I told Mrs. Wetmore, before advertising, that if she would give a new bond, making all clear, and giving me interest on the whole sum now due, I should be willing to grant her time. I now propose, however, as the simplest way of settling the affair, to accept from her a release of the equity of redemption, and to grant her a lease, for her own life, on a nominal rent."

Even Marble knew enough to see the rank injustice of such an offer. In addition to conceding the non-payment of the debt, it was securing to Van Ta.s.sel, at no distant day, the quiet possession of the farm, for somewhat less than one-third its value. I detected symptoms of an outbreak in the mate, and was obliged to repress it by a sign, while I kept the discussion in my own hands.

"Under such an arrangement, sir," I answered, "my friend here would be literally selling his birthright for a mess of porridge."

"You will remember, Mr. Wallingford, that a mortgage sale, legally made, is a ticklish thing, and the courts do not like to disturb one. This sale will take place, this day week; and the t.i.tle once pa.s.sed, it will not be so easy a matter to get it repa.s.sed. Mr. Wetmore, here, does not look like a man ready to pay down a thousand dollars."

"We shall not run the risk of letting the t.i.tle pa.s.s. I will buy the property, myself, if necessary; and should it afterwards appear that the money has been actually paid, we believe you are sufficiently secure for princ.i.p.al, interest, and costs."

"You are young in the profession, Mr. Wallingford, and will come to learn the folly of advancing money for your clients."

"I am not in the profession at all, sir, as you have erroneously supposed, but am a ship-master; and Mr. Wetmore, or Marble, as he has. .h.i.therto been called, is my mate. Still, we are none the worse provided with the means of paying a thousand dollars--or twenty of them, should it be necessary."

"No lawyer!" cried Van Ta.s.sel, smiling grimly. "A couple of sailors about to dispute the foreclosure of a mortgage! Famous justice we should get at your hands, gentlemen! Well, well; I now see how it is, and that this has only been an attempt to work on my sympathies for an old woman who has been living on my money these twenty years. I rather think your $963.42, will prove to be of the same quality as your law."

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