The Spy by James Fenimore Cooper (free biff chip and kipper ebooks .TXT) 📕

These limbs are strengthened with a soldier’s toil,
Nor has this cheek been ever blanched with fear—
But this sad tale of thine enervates all
Within me that I once could boast as man;
Chill trembling agues seize upon my frame,
And tears of childish sorrow pour, apace,
Through scarred channels that were marked by wounds.

—Duo.

The friends of Henry Wharton had placed so much reliance on his innocence, that they were unable to see the full danger of his situation. As the moment of trial, however, approached, the uneasiness of the youth himself increased; and after spending most of the night with his afflicted family, he awoke, on the following morning, from a short and disturbed slumber, to a clearer sense of his condition, and a survey of the means that were to extricate him from it with life. The rank of André, and the importance of the measures he was plotting, together with the powerful intercessions that had been made in his behalf, occasioned his execution to be stamped with greater notoriety than the ordinary events of the war. But spies were frequently arrested; and the instances that occurred of summary punishment for this crime were numerous. These were facts that were well known to both Dunwoodie and the prisoner; and to their experienced judgments the preparations for the trial were indeed alarming. Notwithstanding their apprehensions, they succeeded so far in concealing them, that neither Miss Peyton nor Frances was aware of their extent. A strong guard was stationed in the outbuilding of the farmhouse where the prisoner was quartered, and several sentinels watched the avenues that approached the dwelling. Another was constantly near the room of the British officer. A court was already detailed to examine into the circumstances; and upon their decision the fate of Henry rested.

The moment at length arrived, and the different actors in the approaching investigation assembled. Frances experienced a feeling like suffocation, as, after taking her seat in the midst of her family, her eyes wandered over the group who were thus collected. The judges, three in number, sat by themselves, clad in the vestments of their profession, and maintained a gravity worthy of the occasion, and becoming in their rank. In the center was a man of advanced years, and whose whole exterior bore the stamp of early and long-tried military habits. This was the president of the court; and Frances, after taking a hasty and unsatisfactory view of his associates, turned to his benevolent countenance as to the harbinger of mercy to her brother. There was a melting and subdued expression in the features of the veteran, that, contrasted with the rigid decency and composure of the others, could not fail to attract her notice. His attire was strictly in conformity to the prescribed rules of the service to which he belonged; but while his air was erect and military, his fingers trifled with a kind of convulsive and unconscious motion, with a bit of crape that entwined the hilt of the sword on which his body partly reclined, and which, like himself, seemed a relic of older times. There were the workings of an unquiet soul within; but his military front blended awe with the pity that its exhibition excited. His associates were officers selected from the eastern troops, who held the fortresses of West Point and the adjacent passes; they were men who had attained the meridian of life, and the eye sought in vain the expression of any passion or emotion on which it might seize as an indication of human infirmity. In their demeanor there was a mild, but a grave, intellectual reserve. If there was no ferocity nor harshness to chill, neither was there compassion nor interest to attract. They were men who had long acted under the dominion of a prudent reason, and whose feelings seemed trained to a perfect submission to their judgments.

Before these arbiters of his fate Henry Wharton was ushered under the custody of armed men. A profound and awful silence succeeded his entrance, and the blood of Frances chilled as she noted the grave character of the whole proceedings. There was but little of pomp in the preparations, to impress her imagination; but the reserved, businesslike air of the whole scene made it seem, indeed, as if the destinies of life awaited the result. Two of the judges sat in grave reserve, fixing their inquiring eyes on the object of their investigation; but the president continued gazing around with uneasy, convulsive motions of the muscles of the face, that indicated a restlessness foreign to his years and duty. It was Colonel Singleton, who, but the day before, had learned the fate of Isabella, but who stood forth in the discharge of a duty that his country required at his hands. The silence, and the expectation in every eye, at length struck him, and making an effort to collect himself, he spoke, in the tones of one used to authority.

“Bring forth the prisoner,” he said, with a wave of the hand.

The sentinels dropped the points of their bayonets towards the judges, and Henry Wharton advanced, with a firm step, into the center of the apartment. All was now anxiety and eager curiosity. Frances turned for a moment in grateful emotion, as the deep and perturbed breathing of Dunwoodie reached her ears; but her brother again concentrated all her interest in one feeling of intense care. In the background were arranged the inmates of the family who owned the dwelling, and behind them, again, was a row of shining faces of ebony, glistening with pleased wonder. Amongst these was the faded luster of Caesar Thompson’s countenance.

“You are said,” continued the president, “to be Henry Wharton, a captain in his Britannic Majesty’s 60th regiment of foot.”

“I am.”

“I like your candor, sir; it partakes of the honorable feelings of a soldier, and cannot fail to impress your judges favorably.”

“It would be prudent,” said one of his companions, “to advise the prisoner that he is bound to answer no more than he deems necessary; although we are a court of martial law, yet, in this respect, we own the principles of all free governments.”

A nod of approbation from the silent member was bestowed on this remark, and the president proceeded with caution, referring to the minutes he held in his hand.

“It is an accusation against you, that, being an officer of the enemy, you passed the pickets of the American army at the White Plains, in disguise, on the 29th of October last, whereby you are suspected of views hostile to the interests of America, and have subjected yourself to the punishment of a spy.”

The mild but steady tones of the speaker, as he slowly repeated the substance of this charge, were full of authority. The accusation was so plain, the facts so limited, the proof so obvious, and the penalty so well established, that escape seemed impossible. But Henry replied, with earnest grace,—

“That I passed your pickets in disguise, is true; but—”

“Peace!” interrupted the president. “The usages of war are stern enough in themselves; you need not aid them to your own condemnation.”

“The prisoner can retract that declaration, if he please,” remarked another judge. “His confession, if taken, goes fully to prove the charge.”

“I retract nothing that is true,” said Henry proudly.

The two nameless judges heard him in silent composure, yet there was no exultation mingled with their gravity. The president now appeared, however, to take new interest in the scene.

“Your sentiment is noble, sir,” he said. “I only regret that a youthful soldier should so far be misled by loyalty as to lend himself to the purposes of deceit.”

“Deceit!” echoed Wharton. “I thought it prudent to guard against capture from my enemies.”

“A soldier, Captain Wharton, should never meet his enemy but openly, and with arms in his hands. I have served two kings of England, as I now serve my native land; but never did I approach a foe, unless under the light of the sun, and with honest notice that an enemy was nigh.”

“You are at liberty to explain what your motives were in entering the ground held by our army in disguise,” said the other judge, with a slight movement of the muscles of his mouth.

“I am the son of this aged man before you,” continued Henry. “It was to visit him that I encountered the danger. Besides, the country below is seldom held by your troops, and its very name implies a right to either party to move at pleasure over its territory.”

“Its name, as a neutral ground, is unauthorized by law; it is an appellation that originates with the condition of the country. But wherever an army goes, it carries its rights along, and the first is the ability to protect itself.”

“I am no casuist, sir,” returned the youth; “but I feel that my father is entitled to my affection, and I would encounter greater risks to prove it to him in his old age.”

“A very commendable spirit,” cried the veteran. “Come, gentlemen, this business brightens. I confess, at first, it was very bad, but no man can censure him for desiring to see his parents.”

“And have you proof that such only was your intention?”

“Yes—here,” said Henry, admitting a ray of hope. “Here is proof—my father, my sister, Major Dunwoodie, all know it.”

“Then, indeed,” returned his immovable judge, “we may be able to save you. It would be well, sir, to examine further into this business.”

“Certainly,” said the president, with alacrity. “Let the elder Mr.
Wharton approach and take the oath.”

The father made an effort at composure, and, advancing with a feeble step, he complied with the necessary forms of the court.

“You are the father of the prisoner?” said Colonel Singleton, in a subdued voice, after pausing a moment in respect for the agitation of the witness.

“He is my only son.”

“And what do you know of his visit to your house, on the 29th day of
October last?”

“He came, as he told you, to see me and his sisters.”

“Was he in disguise?” asked the other judge.

“He did not wear the uniform of the 60th.”

“To see his sisters, too!” said the president with great emotion. “Have you daughters, sir?”

“I have two—both are in this house.”

“Had he a wig?” interrupted the officer.

“There was some such thing I do believe, upon his head.”

“And how long had you been separated?” asked the president.

“One year and two months.”

“Did he wear a loose greatcoat of coarse materials?” inquired the officer, referring to the paper that contained the charges.

“There was an overcoat.”

“And you think that it was to see you, only, that he came out?”

“Me, and my daughters.”

“A boy of spirit,” whispered the president to his silent comrade. “I see but little harm in such a freak; ’twas imprudent, but then it was kind.”

“Do you know that your son was intrusted with no commission from Sir Henry Clinton, and that the visit to you was not merely a cloak to other designs?”

“How can I know it?” said Mr. Wharton, in alarm. “Would Sir Henry intrust me with such a business?”

“Know you anything of this pass?” exhibiting the paper that Dunwoodie had retained when Wharton was taken.

“Nothing—upon my honor, nothing,” cried the father, shrinking from the paper as from contagion.

“On your oath?”

“Nothing.”

“Have you other testimony? This does not avail you, Captain Wharton. You have been taken in a situation where your life is forfeited; the labor of proving your innocence rests with yourself. Take time to reflect, and be cool.”

There was a frightful calmness in the manner of this judge that appalled the prisoner. In the sympathy of Colonel Singleton, he could easily lose sight of his danger; but the obdurate and collected air of the others was ominous of his fate. He continued silent, casting imploring glances towards his friend. Dunwoodie understood the appeal, and offered himself as a witness. He was sworn, and desired to relate what he knew. His statement did not materially alter the case, and Dunwoodie felt that it could not. To him personally but little was known, and that little rather militated against the safety of Henry than otherwise. His account was listened to in silence, and the significant shake of the head that was made by the silent member spoke too plainly what effect it had produced.

“Still you think that the prisoner had no other object than what he has avowed?” said the president, when he had ended.

“None other, I will pledge my life,” cried the major, with fervor.

“Will you swear it?” asked the immovable judge.

“How can I? God alone can tell the heart; but I have known this gentleman from a boy; deceit never formed part of his character. He is above it.”

“You say that he escaped, and was retaken in