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Lieutenant," he continued, turning gaily to Selden, "of the possibility of our being favored with something on this subject in a more agreeable form, if I rightly divined the nature of your employment, and the theme that occupied your mind there at the fire before the cave last evening, after the rest of us had retired to our stone couches for the night. Can you oblige us with the fruits of your vigil, in the shape of a song ? "

"O, yes, such as it is that is, if my music will not jar upon the feelings of our friend in durance here, and you are all willing to risk the same effect on yourselves," jocosely replied the other, as he pulled from his pocket a small roll of white birch bark, (the soft, smooth inner surface of which he had made, as was in those times not unfrequently the case, his papyrus in noting down his hasty effusion,) and turning to the moonlight, commenced:

In the courts of high life, and in Fashion's domain,
Where Folly is licensed by birth-right to reign,
Let the gay idle throng, in their old reckless measure,
Their phantoms still follow, and christen them Pleasure.

But we, who disdain not to follow the plough,
And our livelihood gain by the sweat of the brow
What have we here to do with the fashions of cities?
Their levees, theatrics, and opera ditties?

What to do with the trappings around them display'd?
Their half dress, their full dress, their dress promenade-
Their turtle-soup dinners, their port and champagne,
And knick-knacks unnumbered that follow in train?

All these we will leave, and without one regret,
To the poor pamper'd wights of that butterfly set,
And turn to our dainties, the fruits of our mountains,
Our wines sparkling up in their health-giving fountains,

And wear with just pride, as forever we ought,
Our woollens and checks by our fire-sides wrought,
While we scout from our country those exquisite goats
Who measure their worth by the cloth of their coats.

As the clear, melodious voice of the singer, floating free and wide over the hushed waters of the lake, died away in the distance, and, while the shouts of applause, which greeted him at the close of his performance, (intended, as was supposed, to hit off the York gentry, and the last couplet to apply to the prisoner in particular,) were yet echoing around, the boat of the elated Green Mountain Boys reached its destined landing. And immediately disembarking with their prisoner, they proceeded to a

rude, bark-covered shantee, built by former visitors to the lake, and standing amidst a group of large evergreens a few rods from the water. There, after striking a light and kindling up a cheerful fire, they promptly set about the business of deciding upon the case of the supposed traitor. For this purpose they formally resolved themselves, as was usual in such cases where a resort could not readily be had to a committee of safety, into a sort of tribunal, very nearly resembling, we suppose, a modern Lynch court, a form of dispensing justice which, if ever justifiable, was undoubtedly so in the acts of our early settlers in resisting that system of legalized plunder attempted to be enforced on them by their oppressors. And if the right of defending their homes and possessions from unwarrantable seizures be conceded them, it was certainly not only justifiable but honorable in them to resort, as they did, to such measures as they judged most effectual in shielding from arrest and threatened punishment those of their fellow settlers, who, by their patriotism in the common cause, had rendered themselves obnoxious to the arbitrary enactments of the usurping government. For soon after the settlers had begun openly to resist the authorities of New York in attempting to dispossess them, a law, more despotic perhaps than any to be found in the annals of legislation, had been enacted by the Assembly of that province requiring some six or eight of the settlers, who had been most conspicuous in the controversy, to surrender themselves, on the order of the executive, within seventy days, to a magistrate for imprisonment, and, in case of neglect, to be adjudged convicted, and, without hearing or trial, condemned to suffer death. And not delivering themselves up, as might well be expected, the governor issued his proclamation proscribing them as felons, and offering large rewards for their apprehension, which, while it led to many secretly laid plots, and several open, though fruitless attempts to seize them by the Yorkers, in concert with a few traitorous settlers, served only to endear them to an indignant and aroused people, who publicly resolved to protect at every hazard their proscribed leaders, and, at the same time, prepare to defend the general interest of the settlement even at the price of their lives. Of this goodly company of outlaws, embracing some of the first and most talented men of the Grants, two, as before intimated, were among the band whom we have introduced to the reader, and to whom we will now return.

Pete Jones, the principal witness in the case now to be decided, being called on for his testimony, related at large, and in his own

vein of peculiar drollery, what he knew of the previous life and character of the prisoner, who, it appeared, had been frequently absent from home, though his excursions were generally undertaken under the professed character of a sportsman, for the employments of which he pretended a great liking, but for what reason nobody could imagine, as it never could be ascertained that he was ever successful. It also appeared that he had been loud in his denunciations against the Yorkers, and, as far as words could go, a great stickler for the rights of the settlers. The witness then related all the particulars of his detecting and capturing the prisoner. After this, the accused was requested to make his defence, when, to the surprise of all, he wholly denied any hostile intention, or any willing participation in the recent attempt of Munroe to surprise and seize the present party at the cave, deliberately stating, that while hunting in the woods near the Creek that afternoon, he was met, made prisoner by the Yorkers, and compelled to accompany them on their expedition, the object of which they did not reveal to him. And in confirmation of the truth of his statements, and of his asserted innocence, he cited the general character he had always sustained as a friend of the settlers.

"Do you generally manifest your friendship for the settlers by firing pistols at their heads, sir?" asked Warrington, casting a look of withering contempt on the prisoner.

"O, I was trying to escape," replied Sherwood, who had his ready answer to a question he had anticipated; "I was on the point of escaping, and discharged my pistol at this man, who beset me, to prevent being retaken, supposing him all the while to be one of the Yorkers."

"Whew!" uttered Jones, with a whistle, prolonged into an exclamation; "now, honestly, friend, I must crave leave to tell you ·but that would n't be manners, and so I wont — though I should really like to ask you, if there was any one Yorker there to-night that a fellow of my short stature-only six foot eleven, in shirt flaps could be taken for with any sort of conscience ?" "Yes, in the dark.”

"But you may remember, possibly, friend, that you had to raise your pistol considerably higher than your head to get aim at mine, which you seemed to fancy shooting at in preference. Besides that, we took what I call a fair measure of lengths on the ground in the bit of grapple we had afterwards now most folks that I am acquainted with, can feel in the dark, if they can't see."

"O, I was so confused and frightened, that I noticed none of these circumstances, but really supposed it was one of the Yorkers till you had got with me nearly to the boat."

"Well, now," exclaimed Pete, dropping his head in affected chagrin; "I vow to Jeremiah, I never felt so mortified in my life! To be taken for a Yorker! only think of that!"

"A sad mistake, truly," observed Selden, addressing his companions, while in a side glance he kept an eye keenly fixed on the prisoner; "but still it was scarcely a more singular one than I made as we struck a light just now, when, turning to look at this man, I could have sworn he was the identical fellow we detected skulking about the shore yesterday - the make, motion, and dress of the two being so very similar."

"That's false!" hastily exclaimed Sherwood, completely thrown off his guard by the round about way, and designedly incorrect statement of the other, made for the purpose of seeing its effect on the prisoner; "that's false, for this was not the dress I wore yest " and he stopped short in visible confusion at the thought of the admission he was inadvertently making; while meaning and triumphant glances were exchanged among the company. Soon recovering in some degree his self-possession, however, and seeing how he had been entrapped, he attempted to mend the matter by explaining that he was about to say that this was not the dress he wore yesterday, even had he been here, instead of a dozen miles off, as he was, and could prove, as well as his innocence of all the charges brought against him, if time were but allowed him for the purpose. And this, or his acquittal, he continued for some time to demand, becoming, however, every moment less assured in his tone, and more abject in his manner, as he stealthily glanced round, and read his doom in the countenances of his judges.

"Well, gentlemen," said the leader, breaking the brief interval of silence, which followed the last somewhat broken and confused remarks of the accused; "you have heard the evidence against the prisoner, as well as his defence and avowals of innocence. Will you offer your individual opinions on the question of his guilt? And we will first hear what you may have to offer on the subject, Mr. Jones?"

"Why, I don't know exactly about the chap, Captain," said the latter, with a mischievous cocking of one eye, while screwing up his mouth nearly to the ear on the opposite side of his face he says he is innocent of the traitor, and it is a poor story if he do n't know. But I have two other charges against him, which

I consider rather gravus. Firstly, according to his own story, he suffered himself, with that clean pair of legs of his, and the woods open for a run, if he chose that, or with gun and pistols if he chose to stand and fight (now while I think on 't, I wonder what become of his gun) he suffered himself, I say, to be taken by the Yorkers in a way and manner which is a burning shame to a Green Mountain Boy, if so be he is one, as he pretends. And secondly he missed his aim when he levelled at my head, for which a professed hunter like himself ought to be ridiculous. So I think, considering, I shall vote to have him viewed." *

"And you, Smith, what is your verdict?"

"My opinion is," answered the man now addressed, "that the fellow's plausible palaver is all nothing but a made up mess to bamboozle us with-I should like to know how the Yorkers knew how we were here on the lake, or how they happened to find the cave without his help. The fact is, he brought them here to seize us, and was probably calculating to see some of us swinging on a York gallows within a week. My verdict, therefore, will be pretty much such a one as the king gave Haman." "And what say you, Brown?"

"Guilty! guilty as a dog, and the liar knows it." "And, lastly, your opinion, Mr. Selden?"

"Briefly told that the fellow's guilt is equalled only by his effrontery, and yet, as this is his first known offence, I would recommend a milder punishment than the one which has been hinted at."

"We are unanimous, then, in a verdict, gentlemen," observed the chief, "if I understand your various modes of expressing your opinions. And it remains only to determine in what manner the prisoner shall be punished for his offence. You are all, including the prisoner himself, I presume, well aware that, by a decree of our Convention, the only source of law we feel our、 selves bound to regard in cases of this kind, the crime of aiding the enemy to arrest one of our citizens, who may have happened to fall under the ban of that despotic edict by which they would terrify us into submission, is made punishable with death. If this were to be inflicted, however, on the prisoner, I should be inclined to grant him a more formal trial, before a regularly appointed committee of safety, and allow him time for his defence, as he

* A cant phrase among the settlers, signifying the punishment of offenders.

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