"The case is somewhat knotty, but it may be untied," returned the Scot, with a sneer on his hard features. "No need of Alexander and his sword to cut the rope, I"m thinking, when we bring common sense to bear on the point. What is the matter to be ascertained? Why, the place which was agreed on as the point of rendezvous between this Rawl Eevart and his people. Now, this arrangement must have been made orally, or in writing; if orally, testimony to the words uttered will not be hearsay, further than testimony to what a man has seen will be eyesight."

"Quite true, Mr. President and gentlemen!" exclaimed the Judge Advocate, who was not a little relieved at finding a clue to lead him out of the difficulty. "If the agreement had been made in writing, then that writing would have to be produced, if possible, as the best evidence the case affords; but, being made in words, those words can be sworn to."

Cuffe was much relieved by this opinion, and, as Sir Frederick did not seem disposed to push his dissent very far, the matter would have been determined on the spot, but for a love of disputation that formed part and parcel, to speak legally on a legal subject, of Lyon"s moral temperament.

"I"m agreeing with the Judge Advocate, as to his distinction about the admissibility of the testimony on the ground of its not being technically what is called hearsay evidence," he observed; "but a difficulty suggests itself to my mind touching the pairtenency. A witness is sworn to speak to the point before the court; but he is not sworn to discuss all things in heaven and airth. Now, is it pairtenent to the fact of Rawl Eevart"s being a spy, that he made sairtain agreements to met this or that fellow-creature, in this or that place?

Now, as I comprehend the law, it divides all questions into two great cla.s.ses, the pairtenent and the impairtenent, of which the first are legal and the second illegal."

"I think it would be a great piece of audacity," said Sir Frederick, disdainfully, "for such a fellow as this Bolt to pretend to call any question we can put him, impertinent!"

"That"s no just the p"int, Sir Frederick; this being altogether a matter of law, while ye"ll be thinking of station and etiquette. Then, there"s two cla.s.ses of the pairtenent, and two of the impairtenent; one being legal and logical, as it might be, and the other conventional and civil, as one may say. There"s a nice distinction, latent, between the two."

"I believe the court is of opinion that the question may be put,"

observed Cuffe, who was impatient of the Scotchman"s subtleties, bowing to Sir Frederick, to ask an acquiescence which he immediately received.

"We will re-open the doors, and proceed in the examination."

"The court is of opinion, witness," resumed the Judge Advocate, when every one was in his place again, "that you must answer the question. In order that you may understand it, I will now repeat it. Where was it agreed between Raoul Yvard and his people, that they should meet again?"

"I do not think the people of the lugger had anything to say in the matter," answered Ithuel, in the most unmoved manner. "If they had, I knew nothing on"t."

The court felt embarra.s.sed; but as it would never do to be thwarted in this manner, a look of determination was exchanged between the members, and the examination proceeded.

"If not the people, the officers, then. Where was it agreed between the prisoner and his _officers_, that the former should find the lugger, when he returned from his expedition into the Bay?"

"Well, now, gentlemen," answered Ithuel, turning his quid from one cheek into the other, "I _some_ conclude you"ve no great acquaintance with Captain Rule, a"ter all. He is not apt to enter into any agreements at all. What he wants done, he orders; and what he orders, must be done."

"What did he _order_, then, as respects the place where the lugger was to wait for his return?"

"I am sorry to be troublesome, please the court," returned the witness, with admirable self-possession; "but law is law, all over the world, and I rather guess this question is ag"in it. In the Granite State, it is always held, when a thing can be proved by the person who said any particular words, that the question must be put to him, and not to a bystander."

"Not if that person is a prisoner, and on his trial," answered the Judge Advocate, staring to hear such a distinction from such a source; "though the remark is a good one, in the cases of witnesses purely. You must answer, therefore."

"It is unnecessary," again interposed Raoul. "I left my vessel here, where I have told you, and had I made a certain signal, the last night, from the heights of St. Agata, le Feu-Follet would have stood in near to the rocks of the Sirens, and taken me off again. As the hour is pa.s.sed, and the signal is not likely to be made, it is probable my lieutenant has gone to another rendezvous, of which the witness knows nothing, and which, certainly, I shall never betray."

There was so much manliness and quiet dignity in Raoul"s deportment, that whatever he said made an impression. His answer disposed of the matter, for the moment at least. The Judge Advocate, accordingly, turned to other inquiries. Little remained, however, to be done. The prisoner had admitted his ident.i.ty; his capture, with all the attendant circ.u.mstances, was in proof; and his defence came next.

When Raoul rose to speak, he felt a choking emotion; but it soon left him, and he commenced in a steady, calm tone, his accent giving point and interest to many of his expressions.

"Messieurs," said he, "I will not deny my name, my character, or my manner of life. I am a Frenchman, and the enemy of your country. I am also the enemy of the King of Naples, in whose territories you found me.

I have destroyed his and your ships. Put me on board my lugger, and I should do both again. Whoever is the enemy of la France is the enemy of Raoul Yvard. Honorable seamen, like yourselves, Messieurs, can understand this. I am young. My heart is not made of rock; evil as it may be, it can love beauty and modesty and virtue in the other s.e.x. Such has been my fate--I love Ghita Caraccioli; have endeavored to make her my wife for more than a year. She has not authorized me to say that my suit was favored--this I must acknowledge; but she is not the less admirable for that. We differ in our opinions of religion, and I fear she left Monte Argentaro because, refusing my hand, she thought it better, perhaps, that we should not meet again. It is so with maidens, as you must know, Messieurs. But it is not usual for us, who are less refined, to submit to such self-denial. I learned whither Ghita had come, and followed; my heart was a magnet, that her beauty drew after it, as our needles are drawn toward the pole. It was necessary to go into the Bay of Naples, among the vessels of enemies, to find her I loved; and this is a very different thing from engaging in the pitiful attempts of a spy. Which of you would not have done the same, Messieurs?

You are braves Anglais, and I know you would not hesitate. Two of you are still youthful, like myself, and must still feel the power of beauty; even the Monsieur that is no longer a young man has had his moments of pa.s.sion, like all that are born of woman. Messieurs, I have no more to say: you know the rest. If you condemn me, let it be as an unfortunate Frenchman, whose heart had its weaknesses--not as an ignominious and treacherous spy."

The earnestness and nature with which Raoul spoke were not without effect. Could Sir Frederick have had his way, the prisoner would have been acquitted on the spot. But Lyon was skeptical as to the story of love, a sentiment about which he knew very little; and there was a spirit of opposition in him, too, that generally induced him to take the converse of most propositions that were started. The prisoner was dismissed, and the court closed its doors, to make up its decision by itself, in the usual form.

We should do injustice to Cuffe, if we did not say that he had some feeling in favor of the gallant foe who had so often foiled him. Could he have had his will at that moment, he would have given Raoul his lugger, allowed the latter a sufficient start, and then gladly have commenced a chase round the Mediterranean, to settle all questions between them. But it was too much to give up the lugger as well as the prisoner. Then his oath as a judge had its obligations also, and he felt himself bound to yield to the arguments of the Judge Advocate, who was a man of technicalities, and thought no more of sentiment than Lyon himself.

The result of the deliberation, which lasted an hour, was a finding against the prisoner. The court was opened, the record made up and read, the offender introduced, and the judgment delivered. The finding was, "that Raoul Yvard had been caught in disguise, in the midst of the allied fleets, and that he was guilty as a spy." The sentence was, to suffer death the succeeding day by hanging at the yard-arm of such ship as the commander-in-chief might select, on approving of the sentence.

As Raoul expected little else, he heard his doom with steadiness, bowing with dignity and courtesy to the court, as he was led away to be placed in irons, as befitted one condemned.

CHAPTER XIX.

"The world"s all t.i.tle-page; there"s no contents; The world"s all face; the man who shows his heart, Is hooted for his nudities, and scorned."

_Night Thoughts_

Bolt had not been tried. His case had several serious difficulties, and the orders allowed of a discretion. The punishment could scarcely be less than death, and, in addition to the loss of a stout, sinewy man, it involved questions of natural right, that were not always pleasant to be considered. Although the impressment of American seamen into the British ships of war was probably one of the most serious moral as well as political wrongs that one independent nation ever received at the hands of another, viewed as a practice of a generation"s continuance it was not wholly without some relieving points. There was a portion of the British marine that disdained to practise it at all; leaving it to the coa.r.s.er spirits of the profession to discharge a duty that they themselves found repugnant to their feelings and their habits. Thus, we remember to have heard an American seaman say, one who had been present on many occasions when his countrymen were torn from under their flag, that in no instance he ever witnessed was the officer who committed the wrong of an air and manner that he should describe as belonging to the cla.s.s of gentlemen on sh.o.r.e. Whenever one of the latter boarded his vessel, the crew was permitted to pa.s.s unquestioned.

Let this be as it might, there is no question that a strong and generous feeling existed in the b.r.e.a.s.t.s of hundreds in the British navy, concerning the nature of the wrong that was done a foreign people, by the practice of impressing men from under their flag. Although Cuffe was too much of a martinet to carry his notions on the subject to a very refined point, he was too much of a man not to be reluctant to punish another for doing what he felt he would have done himself, under similar circ.u.mstances, and what he could not but know he would have had a perfect right to do. It was impossible to mistake one like Ithuel, who had so many of the Granite peculiarities about him, for anything but what he was; and so well was his national character established in the ship, that the _sobriquet_ of The Yankee had been applied to him by his shipmates from the very first. The fact, therefore, stood him so far in hand that Cuffe, after a consultation with Winchester, determined not to put the alleged deserter on trial; but, after letting him remain a short time in irons, to turn him to duty again, under a pretence that was often used on such occasions, viz., to give the man an opportunity of proving his American birth, if he were really what he so strenuously professed to be. Poor Ithuel was not the only one who was condemned to this equivocal servitude, hundreds pa.s.sing weary years of probation, with the same dim ray of hope, for ever deferred, gleaming in the distance. It was determined, however, not to put Ithuel on his trial until the captain had conversed with the admiral on the subject, at least; and Nelson, removed from the influence of the siren by whom he was enthralled, was a man inclined to leniency, and of even chivalrous notions of justice. To such contradictions is even a great mind subject, when it loses sight of the polar star of its duties!

When the sentence on Raoul was p.r.o.nounced, therefore, and the prisoner was removed, the court adjourned; a boat being immediately despatched to the Foudroyant with a copy of the proceedings, for the rear-admiral"s approbation. Then followed a discussion on much the most interesting topic for them all: the probable position of, and the means of capturing, the lugger. That le Feu-Follet was near, all were convinced; but where she was to be found, it was hard to tell. Officers had been sent on the heights of Capri, one of which towers more than a thousand feet above the sea; but they returned from a bootless errand. Nothing resembling the lugger was visible in the offing, among the islands, or in the bays. A cutter had been sent to look round Campanella, and another crossed the mouth of the bay, to take a look to the northward of Ischia, in order to make certain that the treacherous craft had not gone behind the mountains of that island for a refuge. In short, no expedient likely to discover the fugitive was neglected. All failed, however; boat after boat came back without success, and officer after officer returned wearied and disappointed.

Much of the day was pa.s.sed in this manner, for it was a calm, and moving either of the ships was out of the question. In the full expectation of discovering the lugger somewhere in striking distance, Cuffe had even gone so far as to detail a party from each vessel, with a view to attack her in boats again; feeling no doubt of success, now that he had the disposable force of three vessels to send against his enemy. Winchester was to have commanded, as a right purchased by his blood; nor was the hope of succeeding in this way abandoned, until the last boat, that which had been sent round Ischia, returned, reporting its total want of success.

"I have heard it said," observed Cuffe, as he and his brother captains stood conversing together on the quarter-deck of the Proserpine just after this last report had been made--"I have heard it said, that this Raoul Yvard has actually gone boldly into several of our ports, under English or neutral colors, and lain there a day or two at a time unsuspected, until it has suited him to go out again. Can it be possible he is up, off the town? There is such a fleet of craft in and about the mole that a little lugger, with her paint and marks altered, _might_ be among them. What think you, Lyon?"

"It is sartainly a law of nature, Captain Cuffe, that smaller objects should be overlooked, in the presence of greater; and such a thing _might_ happen, therefore; though I should place it among the improbables, if not absolutely among the impossibles. "Twould be far safer, nevertheless, to run in, in the manner you designate, among the hundred or two of ships, than to venture alone into a haven or a roadstead. If you wish for retirement, Sir Frederick, plunge at once into the Strand, or take lodgings on Ludgate Hill; but if you wish to be noticed and chased, go into a Highland village and just conceal your name for a bit! Ah--he knows the difference well who has tried both modes of life!"

"This is true, Cuffe," observed the Baronet, "yet I hardly think a Frenchman, big or little, would be apt to come and anchor under Nelson"s nose."

""Twould be something like the lion"s lying down with the lamb, certainly, and ought not to be counted on as very likely. Mr.

Winchester, is not that our boat coming round the sloop"s quarter?"

"Yes, sir--she has got back from Naples--quartermaster----"

"Aye, quartermaster," interrupted Cuffe, sternly, "a pretty lookout is this! Here is our own boat close in upon us, and not a word from your lips on the interesting subject, sir?"

This word, _sir_, is much used on board a man-of-war, and in all its convertible significations. From the inferior to the superior, it comes as natural as if it were a gift from above; from equal to equal, it has a ceremonious and be-on-your-guard air that sometimes means respect, sometimes disrespect; while from a captain to a quartermaster, it always means reproof, if it do not mean menace. In discussions of this sort, it is wisest for the weaker party to be silent; and nowhere is this truth sooner learned than on shipboard. The quartermaster, consequently, made no answer, and the gig came alongside, bringing back the officer who had carried the proceedings of the court up to Naples.

"Here we have it," said Cuffe, opening the important doc.u.ment as soon has he and his brother captains were again in the cabin.

"Approved--ordered that the sentence be carried into execution on board His Majesty"s ship the Proserpine, Captain Cuffe, to-morrow, between the hours of sunrise and sunset."

Then followed the date, and the well-known signature of "Nelson and Bronte." All this was what Cuffe both wished and expected, though he would have preferred a little more grace in carrying out the orders. The reader is not to suppose from this that our captain was either vengeful or b.l.o.o.d.y-minded; or that he really desired to inflict on Raoul any penalty for the manner in which he had baffled his own designs and caused his crew to suffer. So far from this, his intention was to use the sentence to extort from the prisoner a confession of the orders he had given to those left in the lugger, and then to use this confession as a means of obtaining his pardon, with a transfer to a prison-ship.

Cuffe had no great veneration for privateersmen, nor was his estimate of their morality at all unreasonable, when he inferred that one who served with gain for his princ.i.p.al object would not long hesitate about purchasing his own life by the betrayal of a secret like that he now asked. Had Raoul belonged even to a republican navy, the English man-of-wars-man might have hesitated about carrying out his plan; but, with the master of a corsair, it appeared to be the most natural thing imaginable to attempt its execution. Both Sir Frederick and Lyon viewed the matter in the same light; and, now that everything was legally done that was necessary to the design, the capture of the lugger was deemed more than half accomplished.

"It is somewhat afflicting, too, Cuffe," observed Sir Frederick, in his drawling, indolent way; "it is somewhat afflicting, too, Cuffe, to be compelled to betray one"s friends or to be hanged! In parliament, now, we say we"ll be hanged if we do, and here you say you"ll be hanged if you don"t."

"Poh, poh! Dashwood; no one expects this Raoul Yvard will come to that fate, for no one thinks he will hold out. We shall get the lugger, and that will be the end of it. I"d give a thousand pounds to see that d--d Few-Folly at anchor within pistol-shot of my stern at this blessed moment. My feelings are in the matter."

"Five hundred would be a high price," observed Lyon, dryly. "I much doubt if the shares of us three come to as much as a hundred apiece, even should the craft fall into our hands."

"By the way, gents," put in Sir Frederick, gaping--"suppose we toss up or throw the dice to see which shall have all, on supposition we get her within the next twenty-four hours, timing the affair by this ship"s chronometers. You"ve dice on board, I dare say, Cuffe, and we can make a regular time of it here for half an hour, and no one the wiser."

"Your pardon, Captain Dashwood; I can suffer no such amus.e.m.e.nt. It is unmilitary and contrary to regulations; and, then, hundreds are not as plenty with Lyon and myself as they are with you. I like to pocket my prize-money first and sport on it afterward."

"You"re right, Captain Cuffe," said Lyon; "though there can be no great innovation in sporting on Sir Frederick"s portion, if he see fit to indulge us. Money is an agreeable acquisition beyond a doubt, and life is sweet to saint and sinner alike; but I much question your facility in persuading this Monshure Rawl to tell you his secret consairning the lugger, in the manner ye antic.i.p.ate."