32. XXXII.
HOW CAPTAIN WAGNER OVERTHREW HIS ADVERSARY.
IN the main apartment of Van Doring's Ordinary,
the worshipful justices of the County of Frederick
were assembled, to take into consideration
all questions touching the order, defence, government,
and general condition of the region under their
supervision.
The Ordinary had been selected for the place of meeting
at the request of Lord Fairfax. As one of the pieces of
business which would come before the worshipful justices,
was the selection of a permanent locality for the court, and
as Winchester and Stephensburg contended for the honor,
and emolument in question—said his lordship—it would be
fair to meet on the present occasion at neither of those
places. Thus they would enter the arena of friendly competition
impartially, and without undue advantage.
These views had received the approbation of the enlightened
justices, and they had accordingly assembled from
every direction at the Ordinary of Mr. Van Doring—riding
every description of animal of the horse species, and clad in
the most extraordinary diversity of apparel. Some of them
were gentlemen of the first class, and these were well
dressed, with some pretensions to grace and elegance. But
the majority were like Major Hastyluck, rather unfavorable
specimens of their species—low-browed, sharp-faced, wiry,
keen-looking individuals, who evidently had an eye to the
main chance under all possible circumstances, and, like a
celebrated gentleman of more modern times, thought it well
to be “shifty in a new country.”
A large crowd of a nondescript character had assembled on
the occasion—hunters, trappers, settlers—many of them
portly Germans, others trim, active Scotchmen:—and this
crowd moved about in front of the Ordinary, drank systematically
of Mynheer Van Doring's Jamaica, and during the
first hours of the day, entered with enthusiasm into the
business of trading horses—the animals being, for the most
part, plain to the inspection of all, at the long rack in front
of the tavern door.
About twelve o'clock a decided sensation was created in the
crowd by the appearance of a large English chariot, drawn by
four glossy horses, from which vehicle, when it paused before
the door, descended his lordship, the Earl of Fairfax, Lientenant
of the County of Frederick, and President of the body
of justices. Lord Fairfax, who carried into the wilds of the
New World something of the English idea of the propriety of
full dress, on occasions of ceremony, was very richly clad. His
coat was of brown cloth, decorated with embroidery; his
waistcoat of yellow silk, ornamented with flowers in silver
thread; from his bosom protruded a mass of snowy ruffles, and
his peruke was carefully powdered. Around him, as he issued
from the chariot, he drew the folds of a rich red velvet cloak
—and then inclining his head slightly to the admiring
crowd, he entered the Ordinary.[1]
A quarter of an hour after the appearance of his lordship,
the sheriff was heard uttering his loud brazen “Oyez! oyez!
oyez! Silence is commanded—humhum—humhum—hum!
—God save the King!”—and the justices took their seats at
a long table, at the further end of the apartment, the Earl
occupying a large arm-chair in the centre. A little gentleman,
with an irresistible business air, sat at one corner of
the board with a huge volume bound in leather, lying before
him—and near the door, at a respectful distance from the
members of the court, the crowd—among whom might be
seen Falconbridge, George, and Captain Wagner, conversing—looked
on with interest.
The clerk read some previous proceedings in a monotonous
voice—the justices consulted in a low tone with Lord
Fairfax;—and then the Earl leaned forward and said, turning
his head first to the right, then to the left:
“Is the court prepared to vote upon the selection of a
county-seat? I need not inform you, gentlemen, that the
question will chiefly lie between Stephensburg and Winchester.
I shall, therefore, request each justice, as I address
him, to pronounce one or the other name, which I will note
down as it is uttered.”
A considerable sensation among the crowd greeted these
words, and a hubbub of voices for a moment deafened every
one.
“Silence in the court!” cried the sheriff, with fierce indignation;
“silence, or the court-room will be cleared!”
“No, sir! Winchester, or the devil take it!” resounded
clear and sonorous in the sudden silence, and the sheriff
started up with ferocious abruptness.
“Silence! Captain Wagner, you are disturbing the
court! Silence!”
“My dear friend,” said the voice of Captain Wagner, as
that worthy advanced from the mass, with clanking spurs
and sabre, “I have the utmost possible respect for this most
honorable court, and the little remark which fell from me
was spoken confidentially to a friend, who is an advocate of
Stephensburg. Now, I'm only a poor soldier, and nothing
of a lawyer, but I will maintain that Winchester, and no
other place, ought to be selected for the county-seat. I
have my reasons,” added the Captain, mysteriously, “and if
this most honorable and respectable body would listen to
the said reasons, I could satisfy their minds, or may
the”—
What followed, or nearly followed, was lost in the Captain's
huge beard.
The ghost of a smile flitted over the countenance of Lord
Fairfax:—it was his favorite music, the sound of that martial
and sonorous voice—and he recalled all at once the
“declaration of war” by the soldier, on his arrival in the
Valley. As to the Captain, he pushed up his great black
moustache with his finger—ran his eyes along the line of justices,
among whom were Mr. Argal, and Major Hastyluck—
and finally concentrated his gaze upon the face of the Earl,
with an expression which said, plainly, “Honor bright, my
lord!”
The lurking smile came again to the Earl's face, and turning
to the court, he said:
“Gentlemen, if it is your pleasure, we will listen to Captain
Wagner's reasons for selecting Winchester. He is well
acquainted with the country, and its interests, and if you
permit him, may throw light upon the question.”
A glance of much admiration from the soldier rewarded
his generous enemy; and when the court acquiesced in the
Earl's recommendation, the countenance of the worthy,
which before had been filled with the elements of fear, was
now fringed with the radiance of hope, and expanded with
the delight of a great orator who feels that the moment has
arrived for his triumph. The Captain bowed his head, then
raised his martial brow erect—and extending one arm persuasively,
plunged with eloquence into the middle of the
subject.
It is again, as on a former occasion, matter of deep regret
to the faithful historian of Captain Wagner's exploits, that
the absence of professional reporters, at that remote period,
renders it impossible to accurately record the vivid eloquence
of his speeches. As in the case of Patrick Henry,
and other celebrated men, the legend of his power alone
remains. We may safely say, however, that the eulogium
pronounced upon the town of Winchester, by the military
orator, was one of transcendent beauty and stirring impressiveness—while
Stephensburg dwindled away into a tenth-rate
cross-road assemblage of huts, unworthy of the attention
of any one for an instant. The Captain concluded by
a pathetic and affecting appeal to the honorable justices to
be guided in their decision by no considerations of self
interest, by no preference for persons—to remember that
unborn millions would be affected by their determination,
and form their opinion of the members of the court by the
manner in which they discharged, on this great occasion,
their solemn and responsible obligations.
With this eloquent appeal the Captain ended his oration,
and retired modestly into the crowd.
The smile on the Earl's face had come back in full force—
and turning to his associates, he said:
“Gentlemen, you have heard the reasons given by Captain
Wagner, but I imagine you have discovered in them
nothing to largely modify any opinions which you may have
before made up. If the members of the court are ready to
vote, I will submit the question.”
As no objection was made, the Earl called in turn the
name of each—making a mark as they responded, either
under “Winchester,” or “Stephensburg,” which were written
upon a sheet of paper. The result was that the first
had five marks, the latter but four—and Winchester was
selected as the county-seat of Frederick by a majority of
one.
As he inscribed the last vote—that of the worthy Major
Hastyluck—a slight flush invaded the swarthy cheek of the
Earl, and he leaned back haughtily in his arm-chair. The
result seemed to cause him no less surprise than dissatistion;
and for a moment he remained silent, looking coldly
at the court. Then with an irritated flirt of the hand he
tossed down the paper, saying, simply:
“Winchester is chosen.”
The Earl's displeasure did not last, however. It plainly
subsided after the transaction of some additional business
of a common-place nature; and when a short period for rest
was taken by the court, who went to supply themselves with
cups of Jamaica, Lord Fairfax approached Captain Wagner,
and said, calmly:
“Well, you are victor, sir—I congratulate you upon your
triumph!”
“My lord,” said Captain Wagner, making the military
salute, “there is something finer than to get the better of
an adversary—it is to act toward that adversary with the
chivalry and fairness that your lordship has displayed on
this occasion.”
It was the Captain's honest opinion, and the ill-humor of
the gratified Earl completely disappeared.
