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that none can acquire unless by habit and similar risks. There was a low laugh among the people, and now and then a curious glance of the eye over the quarter to ascertain the position of the struggling boat; but there the effect of the little incident ceased, so far as the seamen were concerned.

Not so with the passengers. The Americans exulted at the failure of the man-of-war's man, and the English doubted. To them, deference to the crown was habitual, and they were displeased at seeing a stranger play a king's boat such a trick, in what they justly enough thought to be British waters. Although the law may not give a man any more right than another to the road before his own door, he comes in time to fancy it, in a certain degree, his particular road. Strictly speaking, the Montauk was perhaps still under the dominion of the English laws, though she had been a league from the land when laying at her anchor, and by this time the tide and her own velocity had swept her broad off into the offing quite as far again; indeed she had now got to such a distance from the land, that Captain Truck thought it his "duty" to bring matters to a conclusion with the attorney.

"Well, Mr. Seal," he said, "I am grateful for the pleasure of your company thus far; but you will excuse me if I decline taking you and Mr. Grab quite to America. Half an hour hence you will hardly be able to find the island; for as soon as we have got to a proper distance from the cutter, I shall tack to the south-west, and you ought, moreover, to remember the anxiety of the ladies at home."

"This may turn out a serious matter, Captain Truck, on your return passage! The laws of England are not to be trifled with. Will you oblige me by ordering the steward to hand me a glass of water? Waiting for justice is dry duty, I find."

"Extremely sorry I cannot comply, gentlemen. Vattel has nothing on the subject of watering belligerents, or neutrals, and the laws of Congress compel me to carry so many gallons to the man. If you will take it in the way of a nightcap, however, and drink success to our run to America, and your own to the shore, it shall be in champagne, if you happen to like that agreeable fluid."

The attorney was about to express his readiness to compromise on these terms, when a glass of the beverage for which he had first asked was put into his hand by the wife of Robert Davis. He took the water, drank it, and turned from the woman with the obduracy of one who never suffered feeling to divert him from the pursuit of gain. The wine was brought, and the captain filled the glasses with a seaman's heartiness.

"I drink to your safe return to Mrs. Seal, and the little gods and goddesses of justice,--Pan or Mercury, which is it? And as for you, Grab, look out for sharks as you pull in. If they hear of your being afloat, the souls of persecuted sailors will set them on you, as the devil chases male coquettes. Well, gentlemen, you are balked this time; but what matters it? It is but another man got safe out of a country that has too many in it; and I trust we shall meet good friends again this day four months. Even man and wife must part, when the hour arrives."

"That will depend on how my client views your conduct on this occasion, Captain Truck; for he is not a man that it is always safe to thwart."

"That for your client, Mr. Seal!" returned the captain, snapping his fingers. "I am not to be frightened with an attorney's growl, or a bailiff's nod. You come off with a writ or a warrant, I care not which; I offer no resistance; you hunt for your man, like a terrier looking for a rat, and can't find him; I see the fine fellow, at this moment, on deck,--but I feel no obligation to tell you who or where he is; my ship is cleared and I sail, and you have no power to stop me; we are outside of all the head-lands, good two leagues and a half off, and some writers say that a gun-shot is the extent of your jurisdiction, once out of which, your authority is not worth half as much as that of my chief cook, who has power to make his mate clean the coppers. Well, sir, you stay here ten minutes longer and we shall be fully three leagues from your nearest land, and then you are in America, according to law, and a quick passage you will have made of it. Now, that is what I call a category."

As the captain made this last remark, his quick eye saw that the wind had hauled so far round to the westward, as to supersede the necessity of tacking, and that they were actually going eight knots in a direct line from Portsmouth. Casting an eye behind him, he perceived that the cutter had given up the chase, and was returning towards the distant roads. Under circumstances so discouraging, the attorney, who began to be alarmed for his boat, which was flying along on the water, towed by the ship, prepared to take his leave; for he was fully aware that he had no power to compel the other to heave-to his ship, to enable him to get out of her. Luckily the water was still tolerably smooth, and with fear and trembling, Mr. Seal succeeded in blundering into the boat; not, however, until the watermen had warned him of their intention to hold on no longer. Mr. Grab followed, with a good deal of difficulty, and just as a hand was about to let go the painter, the captain appeared at the gangway with the man they were in quest of, and said in his most winning manner--

"Mr. Grab, Mr. Davis; Mr. Davis, Mr Grab; I seldom introduce steerage passengers, but to oblige two old friends I break the rule. That's what I call a category. My compliments to Mrs. Grab. Let go the painter"

The words were no sooner uttered than the boat was tossing and whirling in the caldron left by the passing ship.


Chapter V.


What country, Mends, is this?
Illyria, lady.

TWELFTH NIGHT.


Captain Truck cast an eye aloft to see if everything drew, as coolly as if nothing out of the usual course had happened; he and his crew having, seemingly, regarded the attempt to board them as men regard the natural phenomena of the planets, or in other words, as if the ship, of which they were merely parts, had escaped by her own instinct or volition. This habit of considering the machine as the governing principle is rather general among seamen, who, while they ease a brace, or drag a bowline, as the coachman checks a rein, appear to think it is only permitting the creature to work her own will a little more freely. It is true all know better, but none talk, or indeed would seem to feel , as if they thought otherwise.

"Did you observe how the old barky jumped out of the way of those rovers in the cutter?" said the captain complacently to the quarter-deck group, when his survey aloft had taken sufficient heed that his own nautical skill should correct the instinct of the ship. "A skittish horse, or a whale with the irons in him, or, for that matter, one of the funniest of your theatricals, would not have given a prettier aside than this poor old hulk, which is certainly just the clumsiest craft that sails the ocean. I wish King William would take it into his royal head, now, to send one of his light-heeled cruisers out to prove it, by way of resenting the cantaverous trick the Montauk played his boat!"

The dull report of a gun, as the sound came short and deadened up against the breeze, checked the raillery of Mr. Truck. On looking to leeward, there was sufficient light to see the symmetrical sails of the corvette they had left at anchor, trimmed close by the wind, and the vessel itself standing out under a press of canvas, apparently in chase. The gun had evidently been fired as a signal of recall to the cutter, blue lights being burnt on board of both the ship and its boat, in proof that they were communicating.

The passengers now looked gravely at each other, for the matter, in their eyes, began to be serious. Some suggested the possibility that the offence of Davis might be other than debt, but this was disproved by the process and the account of the bailiff himself; while most concluded that a determination to resent the slight done the authorities had caused the cruiser to follow them out, with the intention of carrying them back again. The English passengers in particular began now to reason in favour of the authority of the crown, while those who were known to be Americans grew warm in maintaining the rights of their flag. Both the Effinghams, however, were moderate in the expression of their opinions; for education, years, and experience, had taught them to discriminate justly.

"As respects the course of Captain Truck, in refusing to permit the cutter to board him, he is probably a better judge than any of us," Mr. Effingham observed with gentlemanly reserve--"for he must better understand the precise position of his ship at the time; but concerning the want of right in a foreign vessel of war to carry this ship into port in a time of profound peace, when sailing on the high seas, as will soon be the case with the Montauk,--admitting that she is not there at present,--I should think there can be no reasonable doubt. The dispute, if there is to be any, has now to become matter of negotiation; or redress must be sought through the general agents of the two nations, and not taken by the inferior officers of either party. The instant Montauk reaches the public highway of nations, she is, within the exclusive jurisdiction of the country under whose flag she legally sails."

"Vattel, to the back-bone!" said the captain, giving a nod of approbation, again clearing the end of his cigar.

Now, John Effingham was a man of strong feelings, which is often but another word for a man of strong prejudices; and he had been educated between thirty or forty years before, which is saying virtually, that he was educated under the influence of the British opinions, that then weighed (and many of which still weigh) like an incubus on the national interests of America. It is true, Mr. Effingham was in all senses the contemporary, as he had been the school-fellow, of his cousin; that they loved each other as brothers, had the utmost reliance on each other's principles in the main, thought alike in a thousand things, and yet, in the particular of English domination, it was scarcely possible for one man to resemble another less than the widowed kinsman resembled the bachelor.

Edward Effingham was a singularly just-minded man, and having succeeded at an early age to his estate, he had lived many years in that intellectual retirement which, by withdrawing him from the strifes of the world, had left a cultivated sagacity to act freely on a natural disposition. At
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