1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
1316
1317
1318
1319
1320
1321
1322
1323
1324
1325
1326
1327
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
1338
1339
1340
1341
1342
1343
1344
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354
1355
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372
1373
1374
1375
1376
1377
1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400
1401
1402
1403
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456
1457
1458
1459
1460
1461
1462
1463
1464
1465
1466
1467
1468
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506
1507
1508
1509
1510
1511
1512
1513
1514
1515
1516
1517
1518
1519
1520
1521
1522
1523
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540
1541
1542
1543
1544
1545
1546
1547
1548
1549
1550
1551
1552
1553
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568
1569
1570
1571
1572
1573
1574
1575
1576
1577
1578
1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591
1592
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
1616
1617
1618
1619
1620
1621
1622
1623
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636
1637
1638
1639
1640
1641
1642
1643
1644
1645
1646
1647
1648
1649
1650
1651
1652
1653
1654
1655
1656
1657
1658
1659
1660
1661
1662
1663
1664
1665
1666
1667
1668
1669
1670
1671
1672
1673
1674
1675
1676
1677
1678
1679
1680
1681
1682
1683
1684
1685
1686
1687
1688
1689
1690
1691
1692
1693
1694
1695
1696
1697
1698
1699
1700
1701
1702
1703
1704
1705
1706
1707
1708
1709
1710
1711
1712
1713
1714
1715
1716
1717
1718
1719
1720
1721
1722
1723
1724
1725
1726
1727
1728
1729
|
<?xml version="1.0" encoding="utf-8"?>
<!DOCTYPE html
PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
"http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" >
<html xmlns="http://www.w3.org/1999/xhtml" lang="en">
<head>
<title>
By The Sea By Heman White Chaplin
</title>
<style type="text/css" xml:space="preserve">
body { margin:5%; background:#faebd0; text-align:justify}
P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; }
H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; }
hr { width: 50%; text-align: center;}
.foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; }
blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;}
.mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;}
.toc { margin-left: 10%; margin-bottom: .75em;}
.toc2 { margin-left: 20%;}
div.fig { display:block; margin:0 auto; text-align:center; }
div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; }
.figleft {float: left; margin-left: 0%; margin-right: 1%;}
.figright {float: right; margin-right: 0%; margin-left: 1%;}
.pagenum {display:inline; font-size: 70%; font-style:normal;
margin: 0; padding: 0; position: absolute; right: 1%;
text-align: right;}
pre { font-style: italic; font-size: 90%; margin-left: 10%;}
</style>
</head>
<body>
<pre xml:space="preserve">
The Project Gutenberg EBook of By The Sea, by Heman White Chaplin
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
Title: By The Sea
1887
Author: Heman White Chaplin
Release Date: October 12, 2007 [EBook #23001]
Last Updated: March 8, 2018
Language: English
Character set encoding: UTF-8
*** START OF THIS PROJECT GUTENBERG EBOOK BY THE SEA ***
Produced by David Widger
</pre>
<div style="height: 8em;">
<br /><br /><br /><br /><br /><br /><br /><br />
</div>
<h1>
BY THE SEA
</h1>
<p>
<br />
</p>
<h2>
By Heman White Chaplin
</h2>
<p>
<br /> <br />
</p>
<hr />
<p>
<br /> <br />
</p>
<h2>
Contents
</h2>
<table summary="" style="margin-right: auto; margin-left: auto">
<tr>
<td>
<p class="toc">
<a href="#link2H_4_0001"> I. </a>
</p>
<p class="toc">
<a href="#link2H_4_0002"> II. </a>
</p>
<p class="toc">
<a href="#link2H_4_0003"> III. </a>
</p>
<p class="toc">
<a href="#link2H_4_0004"> IV. </a>
</p>
<p class="toc">
<a href="#link2H_4_0005"> V. </a>
</p>
</td>
</tr>
</table>
<p>
<br /> <br />
</p>
<hr />
<p>
<br /> <br /> <a name="link2H_4_0001" id="link2H_4_0001">
<!-- H2 anchor --> </a>
</p>
<div style="height: 4em;">
<br /><br /><br /><br />
</div>
<h2>
I.
</h2>
<p>
On the southeastern coast of Massachusetts is a small village with which I
was once familiarly acquainted. It differs little in its general aspect
from other hamlets scattered along that shore. It has its one long,
straggling street, plain and homelike, from which at two or three
different points a winding lane leads off and ends abruptly in the water.
</p>
<p>
Fifty years ago the village had a business activity of its own. There
still remain the vestiges of a wharf at a point where once was a hammering
ship-yard. Here and there, in bare fields along the sea, are the ruins of
vats and windmills,—picturesque remains of ancient salt-works.
</p>
<p>
There is no visible sign left now of the noisy life of the ship-yards,
except a marble stone beneath a willow in the burying-ground on the hill,
which laments the untimely death of a youth of nineteen, killed in 1830 in
the launching of a brig. But traces of the salt-works everywhere remain,
in frequent sheds and small barns which are wet and dry, as the saying is,
all the time, and will not hold paint. They are built of salt-boards.
</p>
<p>
There were a good many of the people of the village and its adjoining
country who interested me very greatly. I am going to tell you a simple
event which happened in one of its families, deeply affecting its little
history.
</p>
<p>
James Parsons was a man perhaps sixty years of age, strongly built,
gray-haired, cleanshaven except for the conventional seaman's fringe of
beard below the chin, and always exquisitely neat. Whether you met him in
his best suit, on Sunday morning, or in his old clothes, going to his
oyster-beds or his cranberry-marsh, it was always the same. He was usually
in his shirt-sleeves in summer. His white cotton shirt, with its easy
collar and wristbands, seemed always to have just come from the
ironing-board. “It ain't no trouble at all to keep James clean,” I have
heard Mrs. Parsons say, in her funny little way; “he picks his way round
for all the world just like a pussycat, and never gets no spots on him,
nowhere.”
</p>
<p>
You saw at once, upon the slightest acquaintance with James, that while he
was of the same general civilization as his neighbors, he was of a
different type. In his narrowness, there was a peculiar breadth and vigor
which characterized him. He had about him the atmosphere of a wider ocean.
</p>
<p>
His early reminiscences were all of that picturesque and adventurous life
which prevailed along our coasts to within forty years, and his
conversation was suggestive of it He held a silver medal from the Humane
Society for conspicuous bravery in the rescue of the crew of a ship
stranded in winter in a storm of sleet off Post Hill Bar. He had a
war-hatchet, for which he had negotiated face to face with a naked
cannibal in the South Sea. He was familiar with the Hoogly.
</p>
<p>
His language savored always of the sea. His hens “turned in,” at night. He
was full of sayings and formulas of a maritime nature; there was one which
always seemed to me to have something of a weird and mystic character:
“South moon brings high water on Coast Island Bar.” In describing the
transactions of domestic life, he used words more properly applicable to
the movements of large ships. He would speak of a saucepan as if it
weighed a hundred tons. He never tossed or threw even the slightest
object; he hove it. “Why, father!” said Mrs. Parsons, surprised at seeing
him for a moment untidy; “what have you ben doing? Your boots and
trousers-legs is all white!” “Yes,” said Mr. Parsons, apologetically,
looking down upon his dusty garments, “I just took that bucket of ashes
and hove 'em into the henhouse.”
</p>
<p>
The word “heave,” in fact, was always upon his tongue. It applied to
everything. “How was this road straightened out?” I asked him one day;
“did the town vote to do it?” “No, no,” he said quickly; “there was n't
never no vote. The se-lec'men just come along one day, and got us all
together, and hove in and hove out; and we altered our fences to suit.”
</p>
<p>
I remember hearing him testify as a witness to a will. It appeared that
the testator was sick in bed when he signed the instrument. He was
suffering greatly, and when he was to sign, it was necessary to lift him
with the ex-tremest care, to turn him to the light-stand. “State what was
done next,” the lawyer asked of James. “Captain Frost was laying on his
left side,” said James. “Two of us took a holt of him and rolled him
over.”
</p>
<p>
He had probably not the least suspicion that his language had a maritime
flavor. I asked him one night, as we coasted along toward home, “What do
seafaring men call the track of light that the moon makes on the water?
They must have some name for it” “No, no,” he said, “they don't have no
name for it; they just call it 'the wake of the moon.'”
</p>
<p>
James's learning had been chiefly gained from the outside world and not
from books. I have heard him lay it down as a fact that the word “Bible”
had its etymology from the word “by-bill” (hand-bill). “It was writ,” he
said, “in small parcels, and they was passed around by them that writ 'em,
like by-bills; and so when they hove it all into one, they called it the
Bible.'”
</p>
<p>
But while James had little learning himself, he appreciated it highly in
others. I had occasion to ask him once why it was that the son of one of
his neighbors, in closing up his father's estate, had not settled his
accounts regularly in the probate court. “Oh, I know how that was,” he
replied; “he settled 'em the other way. You see, he went to the college at
Woonsocket, and he learned there how to settle accounts the other way: and
that's the way he settled 'em.” And then he added, “When Alvin left the
college, they giv' him a book that tells how to do all kinds of business,
and what you want to do so's to make money; and Alvin has always followed
them rules. The consequence is, he's made money, and what he 's made, he
's kep' it. I suppose he's worth not less than sixteen hundred dollars.”
</p>
<p>
Sometimes he would venture a remark of a gallant nature. “They don't
generally git the lights in the hall so as to suit me,” he once said. “I
don't want it too light, because then it hurts my eyes; but I want it
light enough so as 't I can see the women!”
</p>
<p>
James was a large, strong man, but Mrs. Parsons, although she was little
and slight, and was always ailing, constantly assumed the rôle of her
husband's nurse and protector, not only in household matters, but in other
affairs of life. Whenever she had visitors,—and she and James were
hospitable in the extreme,—she was pretty sure to end up, sooner or
later, if James were present, with some droll criticism of him, as much to
his delight as to hers.
</p>
<p>
James sometimes liked to affect a certain harshness of demeanor; but the
disguise was a transparent one. How well do I remember the time—oh,
so long ago!—when for some reason or other I happened to have his
boat instead of my own, one day, with one of the boys of the village, to
go to Matamet, twelve miles off, to visit certain lobster-pots which we
had set. We were delayed there by breaking our boom, in jibing. We should
have been at home at noon; at seven in the evening we were not yet in
sight. When we got in, rather crestfallen at our disaster, particularly as
the boat was wanted for the next day, James met us at the pier. We were
boys then, and his tongue was free. As he stood there on the shore,
bare-headed, hastily summoned from his house, with his hair blowing in the
wind, waving his hands and addressing first us and then a knot of men who
stood smoking by, no words of censure were too harsh, no comment on our
carelessness too cutting, no laments too keen over the irreparable loss of
that particular boom. The next time I could take my own boat, if I were
going to get cast away. And I remember well how he ended his tirade. “I
did n't care nothing about you two,” he said. “If you want to git
drownded, git drownded; it ain't nothing to me. All I was afraid of was
that you 'd gone and capsized my boat, and would n't never turn up to tell
where you sunk her. But as for you—” and he laughed a laugh of
heartless indifference.
</p>
<p>
But ten minutes later, and right before his face, at his own front gate,
Mrs. Parsons betrayed him. “I never see father so worried,” she said,
“sence the time he heard about Thomas; why, he 's spent the whole
afternoon as nervous as a hawk, going up on the hill with his spy-glass;
and I don't feel so sure but what he was crying. He said he did n't care
nothing about the boat,—'What 's that old boat!' says he; but if you
boys was drownded out of her, he would n't never git over it.” At which
James, being so unmasked, laughed in a shamefaced way, and shook us by the
shoulders. He had a son who carried on some sort of half-maritime business
on one of the wharves, in the city, and lived over his shop. When James
went at intervals to visit him, he made his way at once from the railway
station to the nearest wharf; then he followed the line of the water
around to the shop. Where jib-booms project out over the sidewalk, one
feels so thoroughly at home! From the shop he would make short adventurous
excursions up Commercial Street and State Street, sometimes going no
farther than the nautical-instrument store on the corner of Broad Street,
sometimes venturing to Washington Street, or even moving for a short
distance up or down in the current of that gay thoroughfare. He loved to
comment satirically on the city, with a broad humorous sense of his own
strangeness there. “The city folks don't seem to have nothing to do,” he
said. “They seem to be all out, walking up and down the streets. Come
noon, I thought there'd be some let-up for dinner; but they did n't seem
to want nothing to eat; they kep' right on walking.”
</p>
<p>
I must not leave James Parsons without telling you of two whale's teeth
which stand on his parlor mantel-piece; he ornamented them himself,
copying the designs from cheap foreign prints. One of them is what he
calls “the meeting-house.” It is the high altar of the Cathedral of
Seville. On the other is “the wild-beast tamer.” A man with a feeble,
wishy-washy expression holds by each hand a fierce, but subjugated tiger.
His legs dangle loosely in the air. There is nothing to suggest what
upholds him in his mighty contest.
</p>
<p>
<a name="link2H_4_0002" id="link2H_4_0002">
<!-- H2 anchor --> </a>
</p>
<div style="height: 4em;">
<br /><br /><br /><br />
</div>
<h2>
II.
</h2>
<p>
Now we must turn from James Parsons to a man of a different type, or
rather of a different variety of the same type; for they descend alike
from original founders of the town, and, like most of their
fellow-townsmen, are both of unqualified Pilgrim stock.
</p>
<p>
To get to Captain Joseph Pelham's house, you have to drive along a range
of hills for some miles, skirting the sea; then you come, half-way, to a
bright modern village with trees along the main street, with houses and
fences kept painted up, for the most part, but here and there relieved by
an unpainted dwelling of a past generation.
</p>
<p>
Here you have an option. You may either pursue your road through the
high-lying prosperous street, with peeps of salt water to the right, or
you may turn sharply off at a little store and descend to the lower road.
It is always a struggle to choose.
</p>
<p>
The road to the beach descends a sharp, gravelly hill, and crosses a
bridge. Then you come out on a waste of salt-marsh, threaded by the creek,
broken by wild, fantastic sand-hills, grown over by beach-grass which will
cut your fingers like a knife. You drive close along the white,
precipitous beach; you pass the long, shaky pier, with half-decayed
fish-houses at the other end, and picturesque heaps of fish-cars, seines,
and barrels. Then the road, following the shore a little longer, climbs
the hill and enters the woods. Two miles more and you come out to fields
with mossy fences, and occasional houses.
</p>
<p>
The houses begin to be more frequent. All at once you enter the main
street of W———.
</p>
<p>
In a moment you see that you have come into a new atmosphere. There is a
large modern church among the older ones. There are large, fine houses,
some old-fashioned, others new. By some miraculous intervention Queen Anne
has not as yet made her appearance. There are handsome, well-filled
stores, going into no little refinement in stock. There is, of course, a
small brick library, built by the bounty of a New Yorker who was born
here. There is a brick national bank, and a face brick block occupied
above by Freemasons, orders of Red Men, Knights Templars, and the Pool of
Siloam Lodge, I. O. O. F., and below by a savings bank and a local marine
insurance company.
</p>
<p>
It is here that we shall find Captain Joseph Pelham. If a stranger has
occasion to inquire for the leading men of the place he is always first
referred to him. It is he who heads every list and is the chairman of
every meeting. When a certain public man, commanding but a small following
here, appeared, upon his campaign tour, and found no one to escort him to
the platform and preside, so that he was obliged to justify his appearance
here by the Scripture passage, “They that are whole need not a physician,
but they that are sick;” at the moment of entering the hall, closely
packed with curious opponents, disposed perhaps to be derisive when the
situation for the visitor was embarrassing in the extreme,—it was
Captain Joseph Pelham who, though the bitterest opponent of them all, rose
from his seat, gave the speaker his arm, escorted him to the platform,
presented him with grave courtesy to the audience, and sat beside him
through the entire discourse.
</p>
<p>
While Captain Pelham continued to go to sea, and after that, until he was
made president of the insurance company, he lived a mile or two out of the
town, in a house he had inherited. It is picturesquely situated, on a bare
hill, with a wide view of the inland and the ocean. As you look down from
its south windows, the cluster of houses nestling together at the shore
below stand sharply out against the water. It is one of those white houses
common in our older towns,—two-storied, long on the street, with the
front door in the middle. Of the interior it is enough to say that its
owner had sailed for thirty years to Hong-Kong, Calcutta and Madras. It
had a prevailing odor of teak and lacquer. In the front hall was a vast
china cane-holder; a turretted Calcutta hat hung on the hat-tree; a heavy,
varnished Chinese umbrella stood in a corner; a long and handsome settee
from Java stood against the wall. In the parlors, on either hand, were
Chinese tables shutting up like telescopes, elaborate rattan chairs of
different kinds, and numberless other things of this sort, which had
plainly been honestly come by, and not bought.
</p>
<p>
Then, if you met the Captain's favor, he would show you with becoming
pride some family relics, and tell you about them. They came mostly from
his paternal grandfather, who was a shipmaster too, had commanded a
privateer in the Revolution, and made a fortune. There were a number of
pieces of handsome furniture,—these you could see for yourself What
would be shown you, with a half-diffident air, would be: a silver mug; two
Revere tablespoons; a few tiny teaspoons marked F.; a handsome sword and
scabbard; a yellow satin waistcoat and small-clothes; portraits, not
artistic, but effective, of his grandfather, in a velvet coat and
knee-breeches, with a long spyglass in his hand, and of his grandmother, a
strong, matter-of-fact looking woman, handsomely dressed.
</p>
<p>
But the thing which the Captain secretly treasured most, but brought out
last, was his grandmother's Dutch Bible. It is a curious old book; you can
see it still if you wish. It has an elaborate frontispiece. Sixteen cuts
of leading incidents in Scripture history conduct you by gentle stages,
from Eden, through the offering of Isaac, to the close of the Evangelists,
and surround Dr. Martin Luther, who, in a gown, holds back the curtains of
a pillared alcove, to show you, through two windows, an Old and a New
Testament landscape, and a lady sitting beneath a canopy, with an open
volume. The covers are of thick bevelled board covered with leather. There
was once a heavy clasp. The edges are richly gilded, and figures are
pricked in the gilding. It is very handsomely printed. It was in the
possession, in 1760, of a young New England girl, the Captain's
grandmother. There is a story about it,—a story too long to tell
here. Suffice it to say that the Captain's ancestor, who settled early in
New England, came from Leyden shortly after Mr. John Robinson. A hundred
years later and more, in the oddest way, an acquaintance sprang up with
certain Dutch connections, and in the course of it this Bible, then new
and elegant, found its way over the sea as a gift to young Mistress
Preston. In New England, and as a relic of the early ties of our people
with Holland, momentarily renewed after a century had passed away, it is
probably unique. It was a last farewell from Holland to her English
children, before she parted company with them forever.
</p>
<p>
I have told you about this house, as I recall it, although Captain Pelham
had now ceased to live there, because it was there alone that he seemed
completely at home. Furnished as it was from the four quarters of the
globe, everything seemed to fit in with his ways. He supplemented the
Chinese tables, and they supplemented him. But when he ceased to go to
sea, in late middle life, and settled down at home upon his competency,
and began a little later to become interested in public matters; when he
was at last made president of the insurance company, a director in the
bank, and a trustee in the savings bank, and when affairs were left more
and more to his control, it became convenient for him to get into town;
and his wife and daughter were perhaps ambitious for the change.
</p>
<p>
So he had sold his house by the sea, and had bought a large and somewhat
pretentious one on the main street, with a cast-iron summer arbor, and a
bay-window closed in for a conservatory. He had furnished it from the city
with new Brussels carpet, with a parlor set, a sitting-room set, a
dining-room set, and chamber sets; and the antique things which had given
his former home an air of charming picturesqueness were for the most part
tucked away in unnoticed corners.
</p>
<p>
The Captain never seemed to me to have become quite naturalized in his new
home. He never belonged to the furniture, or the furniture to him. The
place where you saw him best in these later days was in the office of his
insurance company, or in the little business-room of one of the banks,
surrounded by a knot of more substantial townsmen, or talking patiently
with some small farmer or seafaring man seeking for insurance or a loan.
One of the most marked features of his character was a certain patience
and considerateness which made all borrowers apply by preference to him.
He would sit down at his little table with a plain man whose affairs were
in disorder, and listen with close attention to his application for a
loan. Somehow the man would find himself disclosing all the particulars of
his distress. Then Captain Pelham, in his quiet way, would go over the
whole matter with him; would plan with him on his concerns; would try to
see if it were not possible to postpone a little the payment of debts and
to hasten the collection of claims; to get a part of the money for a short
time from a son in Boston or a married daughter in New Bedford; and so, by
pulling and hauling, to weather the Cape.
</p>
<p>
I must say a word about his position in town matters. He had been at sea
the greater part of the time from sixteen to fifty-two. During that time
he had had absolutely no concern with political affairs. He had never
voted: for he had never, as it had happened, been ashore at the time of an
election. And yet before he had been at home six years he was one of the
selectmen of the town and overseer of the poor, and had become familiar
with the details of Massachusetts town government, superficially so
simple, in fact so complex. It was a large town, of no small wealth. Lying
as it did along the seaboard, where havoc was always being made by
disasters of the sea, there was not only a larger number than in an inland
town of persons actually quartered in the poorhouse, but there were many
broken families who had to be helped in their own homes. And it was to me
an interesting fact that in dealing with two score households of this
class, Captain Pel-ham, who had spent most of his time at sea, was able to
display the utmost tact and judgment. He applied to their affairs that
same plain kindliness and sound sense which he showed in the matter of
discounts at the bank.
</p>
<p>
While the friendships of Captain Pelham were chiefly in his own town, his
acquaintance was not confined to it. In his own quiet, unpretending way he
was something of a man of the world. He was known in the marine insurance
offices in the large cities. He had been familiar all his life with large
affairs; he had commanded valuable ships, loaded with fortunes in teas and
silks, in the days when an India captain was a merchant.
</p>
<p>
<a name="link2H_4_0003" id="link2H_4_0003">
<!-- H2 anchor --> </a>
</p>
<div style="height: 4em;">
<br /><br /><br /><br />
</div>
<h2>
III.
</h2>
<p>
You will ask me why it is that I have been telling you about these men,
and what it is that connects them.
</p>
<p>
It was now ten years since Captain Pelham's only son, himself at
twenty-two the master of a vessel, had married a daughter of James
Parsons,—a tall, impulsive, and warm-hearted girl,—one of
those girls to whom children always cling. Both James Parsons's daughters
had proved attractive and had married well. It had been a disappointment
in Captain Pelham's household, perhaps, that this son, their especial
pride, should not have married into one of the wealthy families in his own
village. At first there had been a little visiting to and fro; it had
lasted but a little time, and then the two households had settled down, as
the way is in the country, to follow each its own natural course of
living. George Pelham's wife had always lived in an odd little house, all
doors and windows, near by her father, in her native village.
</p>
<p>
It was from Porto Cabello that that message came,—yellow fever—a
short sickness—a burial in a stranger's grave. George Pelham's wife
had been for two or three years of less than her usual strength. It was
not long after that news came,—came so suddenly, with no warning,—that
she began to fade away; and after ten months she died.
</p>
<p>
I remember seeing her a week or two before her death. Her bed had been set
up in her little parlor for the convenience of those who were attending
upon her. She lay on her back, bolstered up. The paleness of her face was
intensified by her coal-black hair, lying back heavy on the pillow. Her
hands were thin and transparent, and I remember well the straining look in
her eyes as she talked with me about the boy whom she was going to leave.
</p>
<p>
She was living, as I have said, close by her father. It was natural that
in the last few days of her illness the child should be taken to her
father's house, and when she died and the funeral was over, it was there
that he returned.
</p>
<p>
Picture now to yourself a boy toward nine years old, symmetrically made,
firm and hard. His head is round, his features are good, his hair is fine
and lies down close. He is clothed in a neat print jacket, with a collar
and a little handkerchief at the neck, and a pair of short trousers
buttoned on to the jacket. He is barefoot. He is tanned but not burnt. His
complexion is of a rich dark brown. He is always fresh and clean. But the
great charm about him is the expression of infinite fun and mirth that is
always upon his face. Never for a moment while he is awake is his face
still. Always the same, yet always shifting, with a thousand varying
shades of roguish joy. Quick, bright, full of boyish repartee, full of
shouts and laughter. And the same incessant life which plays upon his face
shows itself in every movement of his limbs. Never for a moment is he
still unless he has some work upon his hands. He has his little routine of
tasks, regularly assigned, which he goes through with the most amusing
good-humor and attention. It is his duty to see that the skiffs are not
jammed under the wharf on the rising tide; to sweep out the “Annie” when
she comes in, and to set her cabin to rights; to set away the dishes after
meals, and to feed the chickens. Aside from a few such tasks, his time in
summer is his own. The rest of the year he goes to the “primary,” and
serves to keep the whole room in a state of mirth. He has the happy gift
that to put every one in high spirits he has only to be present. Such an
incessant flow of life you rarely see. His manners are good, and he comes
honestly by them.
</p>
<p>
There is an amusing union in him of the baby and the man. While the
children of his age at the summer hotel walk about for the most part with
their nurses, he is turned loose upon the shore, and has been, from his
cradle. He can dive and swim and paddle and float and “go steamboat.” He
can row a boat that is not too heavy, and up to the limit of his strength
he can steer a sail-boat with substantial skill. He knows the currents,
the tides, and the shoals about his shore, and the nearer landmarks. He
knows that to find the threadlike entrance to the bay you bring the
flag-staff over Cart-wright's barn. He has vague theories of his own as to
the annual shifting of the channel. He knows where to take the city
children to look for tinkle-shells and mussels. He knows what winds bring
in the scallops from their beds. He knows where to dig for clams, and
where to tread for quahaugs without disturbing the oysters. He has a good
deal of fragmentary lore of the sea.
</p>
<p>
Every morning you will hear his cry, a sort of yodel, or bird-call,
peculiar to him, with which he bursts forth upon the world. Then you will
hear, perhaps, loud peals of laughter at something that has excited his
sense of the absurd,—contagious laughter, full of innocent fun.
</p>
<p>
Then he will appear, perhaps, with his wooden dinner-bucket,—he is
going off with his grandfather for the day,—and will yodel to the
old man as a signal to make haste. Then you will hear him consulting with
some one upon the weather.
</p>
<p>
All this time he will be going; through various evolutions, swinging in
the hammock, sitting on the fence, opening his bucket to show you what he
has to eat, closing the bucket and sitting down upon the cover, or turning
somersaults upon the grass. Then he will encamp under an apple-tree to
wait until his grandfather appears, enlivening the time by a score of
minute excursions after hens and cats. Then he will go into the house
again, and rock while the old man finishes his coffee, sure of a greeting,
confident in a sense of entire good-fellowship, until the meal is
finished, and James Parsons is ready to take his coat and a red-bladed
oar, and set out. Then the boy is like a setter off for a walk,—all
sorts of whimsical expressions in his face, of absolute delight; every
form of extravagance in his bearing. The only trouble is, one has to laugh
too much; but with all this, something so manly, so companionable.
</p>
<p>
He is no little of a philosopher in his way. He has been a great deal with
older people, and has caught the habit of discussion of affairs, or
rather, perhaps, of unconsciously reflecting forth discussions which he
has heard. He has an infinite curiosity upon all matters of human life. He
likes, within limits, to discuss character.
</p>
<p>
In the boat his chief delights are to talk, to eat cookies, and to steer.
When it is not blowing too hard for him to stand at the tiller, he will
steer for an hour together, watching with the most constant care the
trembling of the leach.
</p>
<p>
It makes no difference to him at what hour he returns,—from
oystering or from the cranberry-bog. If it is in the middle of the
afternoon, good and well. Instantly upon landing he will collect a troop
of urchins; in an incredibly short space of time there will be a heap of
little clothes upon the bank; in a moment a procession of small naked
figures will go running down to the wharf, diving, one after the other. If
distance or tide or a calm keeps him out late, so much the better. In that
case there is the romance of coasting along the shore by night; of
counting and distinguishing the lights; of guessing the nearness to land
from the dull roar of the sea breaking on the beach. “Don't you think,” he
will sometimes say, “that we are nearer shore than we think we are?”
</p>
<p>
It is amusing sometimes, on a distant voyage of fifteen or twenty miles,
after seed oysters, when a landing is made at some little port, to see him
drop the mariner at once and become a child, with a burning desire to find
a shop where he can buy animal-crackers. Finding such a place,—and
usually it is not difficult,—he will lay in a supply of lions and
tigers, and then go marching about with great delight, with mockery in his
eyes, keenly appreciating the satire involved in eating the head off a
cooky lion, incapable of resistance.
</p>
<p>
No picture of Joe would be complete which left out his dog. Kit was a
black, fine-haired creature, smaller than a collie, but of much the same
gentle disposition,—a present from Captain Pelham. When Kit was
first presented to the boy he domesticated himself at once, and in a week
it was impossible to tell, from his relations with the household, which
was boy and which was dog. They were both boys and they were both dogs.
Kit had an unqualified sense of being at home, and of being beloved and
indispensable. It was long before he became a sailor. When, at the outset,
it was attempted to make a man of him by taking him when they went out to
fish, the failure seemed to be complete. He was a little sea-sick. Then he
was sad, and sighed and groaned as dogs never do on shore. He would not
lie still, but was nervous and feverish. Once he leaped out of the boat
and made for shore, and had to be pursued and rescued, exhausted and
half-drowned. Still, whenever he had to be left at home, it was a struggle
every time to reconcile him and leave him. Once he pursued a boat which he
mistook for James's along the shore of the bay, half down to Benson's
Narrows, got involved in the creeks which the tide was beginning to fill,
and had to be brought ingloriously home by a farmer, made fast on the top
of a load of sweet, salt hay.
</p>
<p>
He would tease like a child to be allowed to go. He would listen with an
unsatisfied and appealing look while Joe, with an exuberant but regretful
air, explained to him in detail the reasons which made it impossible for
him to go. But in a few months, as the dog grew older, he prevailed, and
although he would generally retire into the shelter of the cabin, he was
nevertheless the boy's almost inseparable companion on the water as on the
shore. The relation between the two was always touching. It evidently
never crossed the dog's mind that he was not a younger brother.
</p>
<p>
Now, to complete the picture of James Par-sons's household, add in this
boy; for while it is but just now that he is strictly of it, he has been
for years its mirth and life.
</p>
<p>
I remember that quiet household before it knew him,—cosey, homelike,
with a pervading air even then of genial humor, but with long hours of
silence and repose,—geraniums and the click of knitting-needles in
the sitting-room; faint odors of a fragrant pipe from the shed kitchen; no
stir of boisterous fun, except when some bronzed, solemn joker, with his
wife, came in for a formal call, and solemnity gave way, by a gradual
descent, to merriment. Joe had given no new departure, only an impulse.
“James used to behave himself quite well,” Mrs. Parsons would say, archly
raising her eyebrows, “before Joe's time; but now there 's two boys of 'em
together, and the one as bad as the other, and I can't do nothing with
'em. And then,”—with a mock gesture of despair,—“that dog!”
</p>
<p>
<a name="link2H_4_0004" id="link2H_4_0004">
<!-- H2 anchor --> </a>
</p>
<div style="height: 4em;">
<br /><br /><br /><br />
</div>
<h2>
IV.
</h2>
<p>
While Joe's mother was lying ill, and after it had become certain that she
would soon leave this world forever, the question had been
freely-discussed as to what her boy's future should be. In Captain Joseph
Pelham's mind there was only-one answer to this question,—that the
lad should come to him. He bore the Captain's name; he represented the
Captain's son; he should take a place now in the Captain's home.
</p>
<p>
It was now about three weeks since Joe's mother had been buried. The stone
had not yet been cut and set over her grave. But the Captain thought it
time to drive over to James Parsons's and take the boy. That James would
make any serious opposition perhaps never entered his mind. It was a
bright, charming afternoon; with his shining horse, in a bright,
well-varnished buggy, the Captain drove over the seven miles of winding
roads through the woods, and along the sea, to the village where James
Parsons lived. He tied his horse to the hitching-post in front of the
broad cottage house, went down the path to the L door, knocked, and went
in.
</p>
<p>
James was sitting in a large room which served in winter as a kitchen and
in summer as a sort of sitting-room, smoking a pipe and gazing vacantly
into the pine-branches in the open fireplace before him. He had been out
all day on his marsh, but he had been home a couple of hours. His wife—kindly
soul—received Captain Pelham at the door, wiping her hands upon her
apron, and modestly showed him into the sitting-room; then she retired to
her tasks in the shed kitchen. She moved about mechanically for a moment;
then she ran hastily out into the lean-to wood-shed, shut the door behind
her, sat down on the worn floor where it gives way with a step to the
floor of earth by the wood-pile, hid her face in her apron, and burst into
tears.
</p>
<p>
Joe was at the wharf with his comrades playing at war.
</p>
<p>
Now, if there ever was a hospitable man,—a man who gave a welcome,—a
rough but merry welcome to every one who entered his doors, it was James
Parsons. He had a homely, jocose saying that you must either make yourself
at home or go home. But on this occasion he rose with a somewhat forced
and awkward air, laid his pipe down on the mantel-piece, and nodded to the
Captain with an air of embarrassed inquiry. Then he bethought himself, and
asked the Captain to sit down. The Captain took the nearest chair, beside
the table, where Mrs. Parsons had lately been sitting at her work. James's
chair was directly opposite. The table was between them.
</p>
<p>
James rose and went to the mantel-piece, scratched a match upon his
boot-heel, and undertook to light his pipe. It did not light; he did not
notice it, but put the pipe in his mouth as if it were lighted.
</p>
<p>
It occurred to Captain Pelham now, for the first time, absorbed as he had
been with exclusive thoughts of the boy, that he should first say
something to this old man about the daughter whom he had lost: and he made
some expressions of sympathy. The old man nodded, but said nothing.
</p>
<p>
There was silence for two or three minutes.
</p>
<p>
The subject in order now was inevitably the boy. Captain Pelham opened his
lips to claim him; but, almost to his own surprise, he found himself
making some common remark about the affairs of the neighborhood. It came
in harsh and forced, as if it were a fragment of conversation floated in
by the breeze from the street outside. Then the Captain waited a moment,
looking out of the window.
</p>
<p>
James took his pipe from his mouth and leaned his elbows on the table.
“Why don't you go take him?” he suddenly said: “he's probably down to the
wharf. Ef you have got the claim to him, why don't you go take him? You
've got your team here,—drive right down there and put him in and
drive off; if you 've got the right to him, why don't you go take him? But
ef you 've come for my consent, you can set there till the chair rots
beneath you.”
</p>
<p>
With this, James rose and took the felt hat which was lying by him on the
table, and saying not another word, went out of the door. He went down to
the shore, and affected to busy himself with his boat.
</p>
<p>
There was nothing for Captain Pelham to do but to take his hat, untie his
horse, and drive home.
</p>
<p>
The Captain well knew that nobody in the world had a legal right to the
child until a guardian should be appointed. A plain and simple path was
open before him: it was his only path. James Parsons had proved wilful and
wrong-headed; there was nothing now but to take out letters as guardian of
the boy. Then James would acquiesce without a word.
</p>
<p>
Immediately after breakfast the Captain went down the street. He opened
his letters and attended to the first routine of business; then he went
across the way and up a flight of stairs to a lawyer's office.
</p>
<p>
If you had happened to read the county papers at about this time, you
would have seen among the legal notices two petitions, identical in form,—the
one by Joseph Pelham, the other by James Parsons,—each applying for
guardianship of Joseph Pelham, the younger of that name, with an order
upon each petition for all persons interested to come in on the first
Tuesday of the following month and show cause why the petitioner's demand
should not be granted.
</p>
<p>
The county court-house was a new brick building, of modest size, fifteen
miles from W———, and twenty miles from the village where
James Parsons lived.
</p>
<p>
There were fifteen or twenty people from different towns in attendance
when the court opened on the important first Tuesday. As one after another
transacted his affairs and went away, others would come in. Three or four
lawyers sat at tables talking with clients, or stood about the judge's
desk. There was a sprinkling of women in new mourning. Printed papers,
filled out with names and dates,—petitions and bonds and executors'
accounts,—were being handed in to the judge and receiving his
signature of approval.
</p>
<p>
The routine business was transacted first. It was almost noon when the
judge was at last free to attend to contested matters. There was a small
audience by that time,—only ten or a dozen people, some of whom were
waiting for train-time, while others, who had come upon their own affairs,
lingered now from curiosity.
</p>
<p>
The judge was a tall, spare, old-fashioned man; he had held the office for
above thirty years. He was a man of much native force, of sound learning
within the range of his judicial duties, and of strong common-sense. He
was often employed by Captain Pelham in his own affairs, and more
particularly in bank and insurance matters,—for the probate judges
are free to practise at the bar in matters not connected with their
judicial duties,—and Captain Pelham had always retained him in
important cases as counsel for the town. He had a large practice
throughout the county; he knew its people, their ideas, their traditions,
and their feelings. He understood their social organization to the core.
</p>
<p>
“Now,” said the judge, laying aside some papers upon which he had been
writing, and taking off his glasses, “we will take up the two petitions
for guardianship of Joseph Pelham.”
</p>
<p>
Captain Pelham and the lawyer whom he had employed took seats at a small
table before the judge; James Parsons timidly took a seat at another. His
petition had been filled out for him by one of his neighbors: he had no
counsel.
</p>
<p>
Captain Pelham's lawyer rose; he had been impressed by the Captain with
the importance of the matter, and he was about to make a formal opening.
But the judge interrupted him. “I think,” he said, “that we may assume
that I know in a general way about these two petitioners. I shall assume,
unless something is shown to the contrary, that they are both men of
respectable character, and have proper homes for a boy to grow up in. And
I suppose there is no controversy that Captain Pelham is a man of some
considerable means, and that the other petitioner is a man of small
property.
</p>
<p>
“Now,” he went on, leaning forward with his elbow on his desk, and gently
waving his glasses with his right hand, “did the father of this boy ever
express any wish as to what should be done with him in case his mother
should die?” Nobody answered. “It would be of no legal effect,” he said,
“but it would have weight with me. Now, is there any evidence as to what
his mother wanted? A boy's mother can tell best about these things, if she
is a sensible woman. Mr. Baker,” he said to Captain Pelham's lawyer, “have
you any evidence as to what his mother wanted to have done with him?”
</p>
<p>
Mr. Baker conversed for a moment with Captain Pelham and then called him
to the stand.
</p>
<p>
Captain Pelham testified as to his frequent visits to the boy's mother,
and to her unbroken friendly relations with him. She had never said in so
many words what she wanted to have done for the boy, but he always
understood that she meant to have the child come to him; he could not say,
however, that she had said anything expressly to that effect.
</p>
<p>
James sat before him not many feet away, in his old-fashioned broadcloth
coat with a velvet collar. He cross-examined Captain Pelham a little.
</p>
<p>
“She did n't never tell you,” he said, “that she was going to give you the
boy, did she?”
</p>
<p>
“No, sir;” said Captain Pelham.
</p>
<p>
“How often did your wife come over to see her?”
</p>
<p>
“I could n't tell you, sir,” said the Captain.
</p>
<p>
“Not very often, did she?”
</p>
<p>
“I think not,” the Captain admitted.
</p>
<p>
“The boy's mother did n't never talk much about Mis' Captain Pelham, did
she?”
</p>
<p>
“I don't remember that she did.”
</p>
<p>
“She did n't never have her over to talk with her about what she was going
to do with the boy, did she?”
</p>
<p>
“I don't know that she did,” said the Captain. “She is here; you can ask
her.”
</p>
<p>
“You didn't never hear of her leaving no word with Mis' Captain Pelham
about taking care of the boy, did you?”
</p>
<p>
“I can't say that I did,” said Captain Pelham.
</p>
<p>
The old man nodded his head with a satisfied air. His cross-examination
was done.
</p>
<p>
The Captain retired from the witness-stand; his lawyer whispered with him
a moment and then went over and whispered for two or three minutes with
Mrs. Pelham; then he said he had no more evidence to offer.
</p>
<p>
“Mr. Parsons,” said the judge, “do you wish to testify?”
</p>
<p>
James went to the witness-stand and was sworn.
</p>
<p>
“Did n't your daughter ever talk about what she wanted done with the boy?”
</p>
<p>
“Talk about it?” said James. “Why, she didn't talk about nothing else. She
used to have it all over every time we went in. It was all about how
mother 'n me must do this with him and do that with him,—how he was
to go to school, what room he was going to sleep in to our house, and all
that.”
</p>
<p>
Mr. Baker desired to make no cross-examination, and James's wife was
called, and testified in her quaint way to the same effect.
</p>
<p>
By a keen, homely instinct James had half consciously foreseen what would
be the controlling element of the case; and while he had not formulated it
to himself he had brought with him one of his neighbors, who had watched
with his daughter through the last nights of her life. She was one of the
poorest women of the village. Her husband was shiftless, and was somewhat
given to drink. She had a large family, with little to bring them up on.
Her life had been one long struggle. She was extremely poorly dressed, and
although she was neat, there was an air of unthrift or discouragement
about her dress. She wore an oversack which evidently had originally been
made for some one else; it lacked one button. She was faded and worn and
homely; but the moment she spoke she impressed you as a woman of
conscience. She had talked in the long watches of the night with the boy's
mother, and she confirmed what James and his wife had said. There could be
no question what the mother had desired.
</p>
<p>
Mr. Baker ventured out upon the thin ice of cross-examination.
</p>
<p>
“She must have talked about her father-in-law, Captain Pelham?” he said.
</p>
<p>
“Oh, yes,” said the woman, “often.”
</p>
<p>
“She seemed to be attached to him?”
</p>
<p>
“Yes, indeed,” said the woman, quickly; “she was always telling how good
he was to her; I have heard her say there was n't no better man in the
world.”
</p>
<p>
“She must have talked about what he could do for the boy?”
</p>
<p>
“Yes,” said the woman. “She expected him to do for Joe.”
</p>
<p>
“Did n't she ever say,” and the lawyer looked round at James,—“did
n't you ever hear her say that she was worried sometimes for fear her
father would not be careful enough about the boy?”
</p>
<p>
The woman hesitated a moment. “Yes,” she said, “I have heard her say so,
but that 's what every mother says.”
</p>
<p>
“What reason did you ever hear her give,” the lawyer asked, “why she would
rather have him stay over there than to go and be brought up by his
grandfather Pelham?”
</p>
<p>
The woman looked around timidly at the judge. “Be I obliged to answer?”
she said.
</p>
<p>
The judge nodded.
</p>
<p>
The woman looked toward Captain Pelham with an embarrassed air. He was the
best friend she had in the world.
</p>
<p>
“I rather not say nothing about that,” she said; “it 's no account,
anyway.”
</p>
<p>
“Oh, tell us what she said,” said Mr. Baker.
</p>
<p>
He felt that he had made some progress up to that point with his
cross-examination.
</p>
<p>
“Well, it was n't much,” said the woman; “it was only like this. I have
heard her say that Miss Captain Pelham was a good woman and meant to do
what was right, but she was n't a woman that knew how to mother a little
boy.” And here the witness began to cry.
</p>
<p>
The judge moved slightly in his chair.
</p>
<p>
There was more or less rambling talk about the way the boy was allowed to
run loose on the shore, and some suggestions were made in the way of
conversational argument about his being allowed to go barefoot, and to go
in swimming when he pleased; but the judge seemed to pay very little
attention to that. “That 's the way we were all brought up,” he said. “It
is good for the boy; he 'll learn to take care of himself, and his mother
knew all about it.
</p>
<p>
“It is plain enough,” he said at last, “that there would be some
advantages to the boy in going to live with Captain Pelham; but there is
one thing that has been overlooked which would probably have been
suggested if the petitioner Parsons had had counsel. It has been assumed
that the boy would be cut loose in future from his grandfather Pelham
unless he was put under his guardianship; but that is n't so. All his
grandparents will look out for him, and when he gets older, and wants to
go into business, here or elsewhere, Captain Pelham will look after him
just the same as if he were his guardian. The other grandfather has n't
got the means to advance him. I am not at all afraid about that,” he said;
“the only question here is, where he shall be deposited for the next five
or six years. Either place is good enough. His father had a right to fix
it by will if he had chosen to; but he did n't, and I think we must
consider it a matter for the women to settle: they know best about such
things. It is plain that his mother thought it would be best for him to
stay where he is, and she knew best. He 's wonted there, and wants to
stay.”
</p>
<p>
Then he took up his pen and wrote on Captain Pelham's petition an order of
dismissal. On the other he filled out and signed the decree granting
guardianship to James Parsons, and approved the bond. Then he handed the
papers to the register and called the next case.
</p>
<p>
From this day on, little was seen of Captain Pelham at James's house.
Sometimes he would stop in his buggy and take the boy off with him for a
little stay; but Joe soon wearied of formality, and grew restless for
James, for his grandmother Parsons, for the free life of the little wharf
and the shore. Life always opened fresh to him on his return.
</p>
<p>
Once and only once Captain Pelham entered James's door-yard. James was
sitting in an armchair under an apple-tree by the well, smoking and
reading the paper. The Captain began, this time, with no introduction.
</p>
<p>
“Fred Gooding,” he said, “tells me you are talking of letting Joe go out
with Pitts in his boat You know Pitts is no fit man.”
</p>
<p>
“You tell Fred Gooding he don't know what he 's talking about,” said
James, as he rose from his chair, holding the paper in his hand. “What I
told Pitts was just the contr'y,—the boy should n't go along o'
him.” Then his anger began to rise. “But what right you got,” he demanded,
“to interfere? 'T ain 't none of your business who I let him go along of.
It's me that's the boy's guardeen.”
</p>
<p>
“Very well,” said the Captain. “Only I tell you fairly,—the first
time I get word of anything, I 'll go to the probate court and have you
removed!”
</p>
<p>
James followed him down the path with derisive laughter. “Why don't you go
to the probate court?” he said; “you hed great luck before!” And as the
Captain drove away, James shouted after him, “Go to the probate court! Go
to the probate court!”
</p>
<p>
<a name="link2H_4_0005" id="link2H_4_0005">
<!-- H2 anchor --> </a>
</p>
<div style="height: 4em;">
<br /><br /><br /><br />
</div>
<h2>
V.
</h2>
<p>
There is a low, pleasant boat-shop, close on the shore of a little arm of
the sea. The tide ebbs and flows before its wide double doors, and
sometimes rises so high as to flow the sills; then you have to walk across
in front of the shop on a plank, laid upon iron ballast. There is a little
wharf or pier close at hand, the outer end of which is always going to be
repaired. There are two or three other shops near by, and about them is
the pleasant litter of a boat-yard. In the cove before them lie at their
moorings in the late afternoon a fleet of fifteen or twenty fishing and
pleasure boats, all cat-rigged, all of one general build, wide, shoal,
with one broad sail, all painted white, by the custom of the place, and
all or nearly all kept neat and clean: they are all likely enough to be
called upon now and then for sailing-parties. Often of a bright afternoon
in summer the sails will all be up, as the boats swing at their floats:
then you have all the effect of a regatta in still life.
</p>
<p>
The shop faces down the bay of which this inlet is the foot, and as you
look out from your seat within, on a wooden stool, the great door frames
in a landscape of peaceful beauty. The opening to the sea is closed to the
view. Simply you can see the two white sand-cliffs through which it makes.
The bay is a mile in length, perhaps, and of half that width. From its
white, sandy shores rise gentle hills, bare to the sun or covered with a
low growth of woods. To the right are low-lying pastures and marshes, with
here and there a grazing cow. At the head of the bay the valley of a
stream can be faintly distinguished, while in the distance there is a
faint suggestion of a few scattered houses on the upper waters. At one or
two points masts of boats rise from the grass of the inland, and sometimes
a sail is seen threading its slow way amid the trees.
</p>
<p>
The shop is a favorite resort. You may go there in the early morning, in
the late forenoon, or in the afternoon; whenever you go you will find
there more or less company. There is a sort of social, hospitable
atmosphere about the place which is attractive in the extreme. Sometimes
there is a good deal of conversation; sometimes there is a comfortable
silence of good-fellowship. There is more or less knitting there and
crocheting; often in the afternoon the women from near by take their work
there to enjoy the view, and the fresh air which draws up there as nowhere
else.
</p>
<p>
There is a good deal of religious discussion there, although the
atmosphere of the shop is not entirely religious, as you may see by some
of the papers lying about, and the cuts pasted up on the walls. Chief is a
picture representing a scene in the life of the prophet Jonah. Jonah and
the seamen are drawing lots to see who shall be cast over. Jonah has just
drawn the ace of spades.
</p>
<p>
There are various other pictures on the walls,—prints of famous
yachts, charts, advertisements of regattas, sailing rules of yacht-clubs.
Nowhere is the science of boat-building and boat-sailing studied with
greater closeness than in that shop. Many a successful racer has been
built there. There are models of boats pinned up against the wall,—models
which to the common eye hardly vary at all, but to a trained perception
differ widely. There are oars lying about the shop, oil-skin suits, a
compass, charts, in round tin cases, boat hardware, and coils of new rope.
</p>
<p>
The little pier has its periods of activity and life, like the great world
outside. At three or four o'clock, in the gray dawn, fishermen appear,
singly, or two by two; there is often then a failure of wind, and they
have to get out to sea by heavy rowing or by the drift of the tide. Then
there is silence for some hours, and when the world awakes the cove is
nearly deserted. At seven o'clock begins the life of the shop. Amateur
fishermen appear,—boarders from New York or visiting sons from
Brockton. Later still, little parties come down,—a knot of young
fellows and laughing girls with bright-colored wraps, bound on a
sailing-party to Katameset, with a matron, and with some well-salted man
to steer the boat, perhaps in slippers and a dressing-gown. They go
singing out to sea. Then come a party of bathers,—ladies and little
children, with towels and blue suits, and all the paraphernalia of pails
and wooden shovels. Then will come perhaps a couple of girls, to sketch.
They will encamp anywhere upon the shore, call into their service some
small amphibious creature to tip a skiff up on its side to make an
effective scene, and proceed with the wonders of their art. Soon the
bathers return. They have been only a little way down the narrows, and
come back to dinner at one. The fishermen come in from three to four,
unless they happen to be becalmed; there is a bustle then of getting out
ice; of slitting and weighing and packing fish, and loading them into
wagons to be carted to the railway. Then there is a lull until the
sailing-parties return, perhaps at five, perhaps at six, perhaps not until
the turn of the tide or the evening breeze brings them home.
</p>
<p>
All the time the quiet life of the boat-shop goes on,—its labor, its
discussions on politics and religion, its criticism of yachts. All day
long small boys play about the pier, race in skiffs or in such
insignificant sailing-craft as may be available, and every half-hour, at
the initiative of some infant leader, all doff their little print waists
and short trousers and “go in,” regardless of the sketchers on the shore.
</p>
<p>
It was a bright, fresh day. The air was as clear as crystal. Joe had been
gone since dawn with Henry Price. The wind had been blowing hard from the
north for a dozen hours, and, as the saying is, had kicked up a sea. On
the shoal the waves were rolling heavily, and since three o'clock the tide
had been running against the wind, and the seas had been broken every way.
But to Henry Price, and with that boat, rough seas, from March to
November, were only what a rude mountain road would be to you or me. If
his wife, toward afternoon, shading her eyes at the south door, ever felt
anxious about him, it was a woman's foolish fear; it was only because she
thought with concern of that—internal neuralgia was it?—which
her husband brought back from the war; which seized him at rare intervals
and enfeebled him for days. He made light of it, and never spoke of it out
of the house. There was no better boatman on that shore. Let alone that
one possibility of weakness, and the ocean had a hard man to deal with
when it dealt with him.
</p>
<p>
They had been gone all day. It had been rough, and they would come in wet.
This wind would not die down; they were sure to make a quick run, and
would be in before dark.
</p>
<p>
It was late in the afternoon. James was sitting in the shop with one or
two companions, engaged in a loud discussion. He had been discoursing upon
all his favorite themes. He had been declaiming upon the dangers from
Catholic supremacy and the subserviency of the Irish vote to the Church of
Rome, and upon the absolute necessity of the supremacy of the Democratic
party; upon the Apocalypse and the seven seals. He had been maintaining
the literal infallibility of the Scriptures, and the necessity of treating
some portions as legendary. It would be hard to say what inconsistent
views he had not set forth within the space of the past hour; and all this
with the utmost intensity, and yet with the utmost good-humor, always
ready to acknowledge a point against himself,—the more readily if
entirely fallacious,—with a burst of hearty laughter.
</p>
<p>
At last there was a pause. Something had called out of doors the two or
three men who were within. There was nothing to disturb the peaceful
beauty of the afternoon. It was blowing hard outside, but this was a
sheltered spot, and the wind was little felt.
</p>
<p>
As James sat there silent, with no one at hand but the owner of the shop,
who was busy upon the keel of a new boat, a fisherman came in and took a
seat, with an affectation of ease and nonchalance; in a moment another
followed; two or three more came in, then others.
</p>
<p>
The carpenter stopped his work, and shading his eyes with his hand, seemed
to be looking down the bay.
</p>
<p>
There was a dead silence for a few moments. Then James spoke. But it was
not the voice of James. It was not that cheery and hearty voice which had
just been filling the shop with mirth. It was a voice harsh, forced,
mechanical,—the voice of a man paralyzed with terror.
</p>
<p>
“Why don't you tell me?” he said; “is it Henry, or—is it the boy?”
</p>
<p>
But no one spoke.
</p>
<p>
“You don't need to tell me nothing,” he said, in the same strange tone of
paralysis and fear, “I knowed it when Bassett first come in. I knowed it
when the rest come in and closed in round me and did n't say nothing.”
</p>
<p>
He sat still a moment. Then he rose abruptly and turned to the landward
door. He stumbled over a stool which was in his way, and would have fallen
but that one of the men sprang forward and held him. He plunged hastily
out of the door. Just outside, in the shade of a small wild cherry-tree,
was a bucket of clams which he had dug; across the bucket was an old hoe
worn down to nothing. He stopped and mechanically took up the pail and
hoe. Bassett stood by the door and looked after him as he went along the
foot-path toward his home. There was a scantling fence close by. He went
over it in his old habitual fashion: first he set over the bucket of clams
and the hoe; then one leg went over and then the other; he sat for an
instant on the top slat and then slid down. He took up his burden and went
his way over the fields. In a moment he was lost to sight behind a bit of
rising ground. Then he reappeared, making his way over the fields at his
own heavy gait, until he was lost to sight behind a clump of trees close
to his own door.
</p>
<p>
They did not find Henry and the boy that night. It was not until the next
day that the bodies were washed ashore. One of the searchers, walking
along the beach in the early dawn, found them both. He came upon Henry
first; he was lying on the sand upon his face. A little farther on, gently
swayed by the rising tide, lay Joe and his dog. Joe lay on his side,
precisely as if asleep; the dog was in his arms.
</p>
<p>
The boy lies in the burying-ground on the hill, near the stone and the
weeping-willow which mourn the youth who met his untimely death in 1830,
in the launching of the brig. There is a rose-bush at the grave, and few
bright days pass in summer that there is not a bunch of homely flowers
laid at its foot. It is the spot to which all Mrs. Parsons's thoughts now
tend, and her perpetual pilgrimage. It is too far for her to walk both
there and back; but often a neighbor is going that way, with a lug-wagon
or an open cart or his family carriage,—it makes no difference
which,—and it is easy to get a ride. It is a good-humored village.
Everybody stands ready to do a favor, and nobody hesitates to ask one.
Often on a bright afternoon Mrs. Parsons will watch from her front window
the “teams” that pass, going to the bay. When she sees one which is likely
to go in the right direction on its return from the bay,—everybody
knows in which direction she will wish to go,—she will run hastily
to the door, and hail it.
</p>
<p>
“Whoa! Sh-h! Whoa! How d'do, Mis' Parsons?”
</p>
<p>
“Be you going straight home when you come back? Well, then, if it won't
really be no trouble at all, I 'll be at the gap when you come by; I won't
keep you waiting a minute. It 's such a nice, sunshiny afternoon, I
thought I 'd like to go up and sit awhile, and take some posies.”
</p>
<div style="height: 6em;">
<br /><br /><br /><br /><br /><br />
</div>
<pre xml:space="preserve">
End of the Project Gutenberg EBook of By The Sea, by Heman White Chaplin
*** END OF THIS PROJECT GUTENBERG EBOOK BY THE SEA ***
***** This file should be named 23001-h.htm or 23001-h.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/2/3/0/0/23001/
Produced by David Widger
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.
*** START: FULL LICENSE ***
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.org/license).
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. “Project Gutenberg” is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation”
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase “Project Gutenberg” appears, or with which the phrase “Project
Gutenberg” is associated) is accessed, displayed, performed, viewed,
copied or distributed:
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase “Project Gutenberg” associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
“Plain Vanilla ASCII” or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original “Plain Vanilla ASCII” or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, “Information about donations to
the Project Gutenberg Literary Archive Foundation.”
- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.
- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.
- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
“Defects,” such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right
of Replacement or Refund” described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium with
your written explanation. The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund. If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund. If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.
Section 3. Information about the Project Gutenberg Literary Archive
Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.
The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations.
To donate, please visit: http://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.
Most people start at our Web site which has the main PG search facility:
http://www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.
</pre>
</body>
</html>
|