"I sent him myself on that business," the Judge reflected uncomfortably. "I am partly responsible for the lynching. It has brought him one great unhappiness already through the death of Steve. If it gets running in this girl's mind, she may — dear me!" the Judge broke off, "what a nuisance!" And he sighed. For as all men know, he also knew that many things should be done in this world in silence, and that talking about them is a mistake.
But when school was out, and the girl gone to her cabin, his mind had set the subject in order thoroughly, and he knocked at her door, ready, as he had put it, to sacrifice his character in the cause of true love.
"Well," he said, coming straight to the point, "some dark things have happened." And when she made no answer to this, he continued: "But you must not misunderstand us. We're too fond of you for that."
"Judge Henry," said Molly Wood, also coming straight to the point, "have you come to tell me that you think well of lynching?"
He met her. "Of burning Southern negroes in public, no. Of hanging Wyoming cattle thieves in private, yes. You perceive there's a difference, don't you?"
"Not in principle," said the girl, dry and short.
"Oh — dear — me!" slowly exclaimed the Judge. "I am sorry that you cannot see that, because I think that I can. And I think that you have just as much sense as I have." The Judge made himself very grave and very good-humored at the same time. The poor girl was strung to a high pitch, and spoke harshly in spite of herself.
"What is the difference in principle?" she demanded.
"Well," said the Judge, easy and thoughtful, "what do you mean by principle?"
"I didn't think you'd quibble," flashed Molly. "I'm not a lawyer myself."
A man less wise than Judge Henry would have smiled at this, and then war would have exploded hopelessly between them, and harm been added to what was going wrong already. But the Judge knew that he must give to every word that the girl said now his perfect consideration.
"I don't mean to quibble," he assured her. "I know the trick of escaping from one question by asking another. But I don't want to escape from anything you hold me to answer. If you can show me that I am wrong, I want you to do so. But," and here the Judge smiled, "I want you to play fair, too."
"And how am I not?"
"I want you to be just as willing to be put right by me as I am to be put right by you. And so when you use such a word as principle, you must help me to answer by saying what principle you mean. For in all sincerity I see no likeness in principle whatever between burning Southern negroes in public and hanging Wyoming horse-thieves in private. I consider the burning a proof that the South is semi-barbarous, and the hanging a proof that Wyoming is determined to become civilized. We do not torture our criminals when we lynch them. We do not invite spectators to enjoy their death agony. We put no such hideous disgrace upon the United States. We execute our criminals by the swiftest means, and in the quietest way. Do you think the principle is the same?"
Molly had listened to him with attention. "The way is different," she admitted.
"Only the way?"
"So it seems to me. Both defy law and order."
"Ah, but do they both? Now we're getting near the principle."
"Why, yes. Ordinary citizens take the law in their own hands."
"The principle at last!" exclaimed the Judge.
"Now tell me some more things. Out of whose hands do they take the law?"
"The court's."
"What made the courts?"
"I don't understand."
"How did there come to be any courts?"
"The Constitution."
"How did there come to be any Constitution? Who made it?"
"The delegates, I suppose."
"Who made the delegates?"
"I suppose they were elected, or appointed, or something.
"And who elected them?"
"Of course the people elected them."
"Call them the ordinary citizens," said the Judge. "I like your term. They are where the law comes from, you see. For they chose the delegates who made the Constitution that provided for the courts. There's your machinery. These are the hands into which ordinary citizens have put the law. So you see, at best, when they lynch they only take back what they once gave. Now we'll take your two cases that you say are the same in principle. I think that they are not. For in the South they take a negro from jail where he was waiting to be duly hung. The South has never claimed that the law would let him go. But in Wyoming the law has been letting our cattle-thieves go for two years. We are in a very bad way, and we are trying to make that way a little better until civilization can reach us. At present we lie beyond its pale. The courts, or rather the juries, into whose hands we have put the law, are not dealing the law. They are withered hands, or rather they are imitation hands made for show, with no life in them, no grip. They cannot hold a cattle-thief. And so when your ordinary citizen sees this, and sees that he has placed justice in a dead hand, he must take justice back into his own hands where it was once at the beginning of all things. Call this primitive, if you will. But so far from being a DEFIANCE of the law, it is an ASSERTION of it — the fundamental assertion of self governing men, upon whom our whole social fabric is based. There is your principle, Miss Wood, as I see it. Now can you help me to see anything different?"
She could not.
"But perhaps you are of the same opinion still?" the Judge inquired.
"It is all terrible to me," she said.
"Yes; and so is capital punishment terrible. And so is war. And perhaps some day we shall do without them. But they are none of them so terrible as unchecked theft and murder would be."
After the Judge had departed on his way to Sunk Creek, no one spoke to Molly upon this subject. But her face did not grow cheerful at once. It was plain from her fits of silence that her thoughts were not at rest. And sometimes at night she would stand in front of her lover's likeness, gazing upon it with both love and shrinking.
XXXIV. TO FIT HER FINGER
It was two rings that the Virginian wrote for when next I heard from him.
After my dark sight of what the Cattle Land could be, I soon had journeyed home by way of Washakie and Rawlins. Steve and Shorty did not leave my memory, nor will they ever, I suppose.
The Virginian had touched the whole thing the day I left him. He had noticed me looking a sort of farewell at the plains and mountains.
"You will come back to it," he said. "If there was a headstone for every man that once pleasured in his freedom here, yu'd see one most every time yu' turned your head. It's a heap sadder than a graveyard — but yu' love it all the same."
Sadness had passed from him — from his uppermost mood, at least, when he wrote about the rings. Deep in him was sadness of course, as well as joy. For he had known Steve, and he had covered Shorty with earth. He had looked upon life with a marksman's eyes, very close; and no one, if he have a heart, can pass through this and not carry sadness in his spirit with him forever. But he seldom shows it openly; it bides within him, enriching his cheerfulness and rendering him of better service to his fellow-men.
It was a commission of cheerfulness that he now gave, being distant from where rings are to be bought. He could not go so far as the East to procure what he had planned. Rings were to be had in Cheyenne, and a still greater choice in Denver; and so far as either of these towns his affairs would have permitted him to travel. But he was set upon having rings from the East. They must come from the best place in the country; nothing short of that was good enough "to fit her finger," as he said. The wedding ring was a simple matter. Let it be right, that was alclass="underline" the purest gold that could be used, with her initials and his together graven round the inside, with the day of the month and the year.