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+The Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
+
+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: Tennessee's Partner
+
+Author: Bret Harte
+
+Posting Date: August 24, 2009 [EBook #4674]
+Release Date: November, 2003
+First Posted: February 26, 2002
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TENNESSEE'S PARTNER ***
+
+
+
+
+Produced by David Schwan
+
+
+
+
+
+
+
+
+Western Classics No. Three
+
+
+
+Tennessee's Partner
+
+
+
+"Both were fearless types of a civilization that in the seventeenth
+century would have been called heroic, but in the nineteenth simply
+'reckless.'"
+
+
+
+Tennessee's Partner
+
+
+By
+
+Bret Harte,
+
+
+Including An Introduction By William Dallam Armes.
+
+
+
+
+The Introduction
+
+
+When Marshall's discovery caused a sudden influx of thousands of
+adventurers from all classes and almost all countries, the conditions of
+government in California were almost the worst possible. Though the
+Mexican system was unpopular and the Mexican law practically unknown,
+until other provision was made by congress, they had to continue in
+force. But the free and slave states were equal in number; California
+would turn the scale; there was a battle royal as to which pan should
+descend, a battle that the congresses of 1848 and 1849 left unsettled on
+adjourning.
+
+Under these circumstances, it might be supposed that the worst elements
+would get the upper hand, crime become common, and anarchy result.
+Precisely the opposite happened. The de facto government was accepted as
+a necessity, and under its direction "alcaldes" and "ayuntamientos" were
+elected. But the mining-camps, which were in a part of the country that
+had not been settled by the Mexicans and were occupied by men who knew
+nothing of their system or laws, were left to work out their own
+salvation. The preponderating element was the Anglo-Saxon, and its
+genius for law and order asserted itself. Each camp elected its own
+officers, recognized the customary laws and adopted special ones, and
+punished lawbreakers. Naturally theft was considered a more serious
+crime than it is in ordinary communities. As there were no jails or
+jailors, flogging and expulsion were the usual punishment, but in
+aggravated cases it was death. Even after the state government had been
+organized, indeed, the law for a short while permitted a jury to
+prescribe the death penalty for grand larceny, and, in fact, several
+notorious thieves were legally executed.
+
+The testimony of all observers is that the camps were surprisingly
+orderly, that crime was infrequent, and that its punishment, though
+swift and certain, leaned to mercy rather than rigor. Bayard Taylor, for
+example, who was in the mines in '50 and '51, writes: "In a region five
+hundred miles long, inhabited by a hundred thousand people, who had
+neither locks, bolts, regular laws of government, military or civil
+protection, there was as much security to life and property as in any
+state of the Union."
+
+As these "miners' courts" were allowed after the organization of the
+state to retain jurisdiction in all questions that concerned the
+appropriation of claims, the miners but slowly appreciated that they had
+been shorn of their criminal jurisdiction. But that they did come to
+recognize that "the old order changeth, yielding place to new," is, in
+fact, shown by the very incident on which Harte based his of a lynching.
+
+Spite of the autobiographic method that leads the casual reader to think
+that Harte was intimately connected with this early pioneer life and
+derived the material for his sketches from personal observation and
+experience, his is, in truth, only hearsay evidence. The heroic age was
+with Iram and all his rose ere he landed in 1854, a lad of eighteen.
+With no especial equipment for battling with the world, he had to turn
+his hand to many things, and naturally tried mining. But finding the
+returns incommensurate with the labor, he soon gave it up and sought
+more congenial occupations, mainly in the towns of the valleys and the
+seacoast. Before he was twenty-three, he had been school-teacher,
+express-messenger, deputy tax-collector, and druggist's assistant; and
+had risen from "printer's devil" to assistant editor of a country
+newspaper. In 1859 he was back in San Francisco, utilizing the trade he
+had picked up, as a compositor on The Golden Era. To this he contributed
+poems and local sketches that soon led to his appointment as assistant
+editor. His writings made him friends, one of whom, Thomas Starr King,
+in 1864, obtained for him the position of secretary to the
+superintendent of the Mint. His duties were not arduous, and his rooms
+became the resort of his literary associates and of men from "the
+diggings," whose mines, like the meadows of Concord, yielded a two-fold
+crop: gold-dust for the superintendent to turn into bullion, and stories
+for his young secretary later to turn into literature. By 1868 his
+reputation was so great that when Mr. A. Roman established The Overland
+Monthly, he was made its first editor.
+
+Mr. Roman impressed upon him the literary possibilities of the life of
+the miners, and furnished him with incidents, tales, and pictures. "The
+Luck of Roaring Camp," his first venture in this hitherto almost
+untouched field, proved that Bret Harte had come into his own. His local
+sketches and Mexican legends had been imitative of Irving, his stories
+of Dickens; but for this he had evolved a method and a style distinctly
+personal. His first success was followed up by "The Outcasts of Poker
+Flat" and (in October, 1869) by the tale here reprinted; and when, in
+1870, an Eastern house published his sketches in book form, his fame was
+secure. In 1871 he left California, and after a few years in the East
+that added little to his reputation as a writer, or as a man, secured a
+consulate in Germany. In 1878 he left America forever. Till his death in
+1902 he wrote on, frequently recurring to the claim where he first "got
+the color," but never equaling his work during the year and a half that
+he was editor of the Overland.
+
+In 1866 Harte heard, from one who had been present, the incident that
+inspired "Tennessee's Partner." Eleven years before, at Second Garrote,
+a newcomer had committed a capital crime. The miners organized a court,
+appointed counsel, and gave the miscreant a trial. He confessed his
+guilt, and the cry arose, "Hang him!"' But "Old Man Chaffee" stepped
+forward, drew a bag of gold-dust from his bosom, and said that he would
+give his "pile" rather than have a lynching occur in a camp that, spite
+its name, had never been so disgraced. He begged the crowd to turn the
+prisoner over to the authorities and let the law take its course. Such
+was the fervor of his appeal and so great were the respect and affection
+for the old man that his proposal was adopted with a cheer for the
+advocate of law and order, and the culprit taken to the jail at
+Columbia.
+
+Chaffee's partner, Chamberlain, seems to have had no part in this
+affair; but the two were united by a love like that of his partner for
+Tennessee. And long after the Second Garrote had become but a memory,
+the two octogenarians lived on in their little cabin, Chaffee seeking
+with primitive pick, shovel, and pan the more and more elusive gold, and
+Chamberlain contributing to the common purse by cultivating a small
+"ranch," the best crop of which was the campers who came to chat of
+bygone days with "the original of Tennessee's Partner." At last, in
+1903, their partnership of fifty-four years was ended by the death of
+Chaffee. Within eight weeks he was followed by Chamberlain. Their last
+days were made easy by the bounty of Professor W. E. Magee, of the State
+University, to whom I am indebted for the authority for some of these
+statements,--Chamberlain's journal.
+
+From this simple material the imagination of Bret Harte spun the
+characters, incidents, and motives that his genius wove into an
+exquisite fabric, an idyl of blind, unreasoning love of man for man. He
+was not writing history; and the complaint of those who were part of the
+life he depicted, that he misstated the facts, rests on the same failure
+to appreciate his purpose and method that leads Eastern and English
+critics to consider his realism reality and to mistake his
+verisimilitude for the truth itself. The fact is that Bret Harte was a
+consummate literary artist, who used facts with all an artist's freedom.
+His genius "imbalm'd and treasur'd up on purpose to a life beyond life,"
+however, many an actual incident that otherwise would lie buried 'neath
+the poppy that the iniquity of oblivion blindly scattereth.
+
+William Dallam Armes.
+
+
+
+
+Tennessee's Partner
+
+
+I do not think that we ever knew his real name. Our ignorance of it
+certainly never gave us any social inconvenience, for at Sandy Bar in
+1854 most men were christened anew. Sometimes these appellatives were
+derived from some distinctiveness of dress, as in the case of "Dungaree
+Jack"; or from some peculiarity of habit, as shown in "Saleratus Bill,"
+so called from an undue proportion of that chemical in his daily bread;
+or from some unlucky slip, as exhibited in "The Iron Pirate," a mild,
+inoffensive man, who earned that baleful title by his unfortunate
+mispronunciation of the term "iron pyrites." Perhaps this may have been
+the beginning of a rude heraldry; but I am constrained to think that it
+was because a man's real name in that day rested solely upon his own
+unsupported statement. "Call yourself Clifford, do you?" said Boston,
+addressing a timid newcomer with infinite scorn; "hell is full of such
+Cliffords!" He then introduced the unfortunate man, whose name happened
+to be really Clifford, as "Jaybird Charley,"--an unhallowed inspiration
+of the moment that clung to him ever after.
+
+But to return to Tennessee's Partner, whom we never knew by any other
+than this relative title; that he had ever existed as a separate and
+distinct individuality we only learned later. It seems that in 1853 he
+left Poker Flat to go to San Francisco, ostensibly to procure a wife. He
+never got any farther than Stockton. At that place he was attracted by a
+young person who waited upon the table at the hotel where he took his
+meals. One morning he said something to her which caused her to smile
+not unkindly, to somewhat coquettishly break a plate of toast over his
+upturned, serious, simple face, and to retreat to the kitchen. He
+followed her, and emerged a few moments later, covered with more toast
+and victory. That day week they were married by a Justice of the Peace,
+and returned to Poker Flat. I am aware that something more might be made
+of this episode, but I prefer to tell it as it was current at Sandy
+Bar,--in the gulches and barrooms,--where all sentiment was modified by a
+strong sense of humor.
+
+Of their married felicity but little is known, perhaps for the reason
+that Tennessee, then living with his partner, one day took occasion to
+say something to the bride on his own account, at which, it is said, she
+smiled not unkindly, and chastely retreated, this time as far as
+Marysville, where Tennessee followed her, and where they went to
+housekeeping without the aid of a Justice of the Peace. Tennessee's
+Partner took the loss of his wife simply and seriously, as was his
+fashion. But to everybody's surprise, when Tennessee one day returned
+from Marysville, without his partner's wife,--she having smiled and
+retreated with somebody else,--Tennessee's Partner was the first man to
+shake his hand and greet him with affection. The boys who had gathered
+in the cañon to see the shooting were naturally indignant. Their
+indignation might have found vent in sarcasm but for a certain look in
+Tennessee's Partner's eye that indicated a lack of humorous
+appreciation. In fact, he was a grave man, with a steady application to
+practical detail which was unpleasant in a difficulty.
+
+Meanwhile a popular feeling against Tennessee had grown up on the Bar.
+He was known to be a gambler; he was suspected to be a thief. In these
+suspicions Tennessee's Partner was equally compromised; his continued
+intimacy with Tennessee after the affair above quoted could only be
+accounted for on the hypothesis of a copartnership of crime. At last
+Tennessee's guilt became flagrant. One day he overtook a stranger on his
+way to Red Dog. The stranger afterward related that Tennessee beguiled
+the time with interesting anecdote and reminiscence, but illogically
+concluded the interview in the following words: "And now, young man,
+I'll trouble you for your knife, your pistols, and your money. You see
+your weppings might get you into trouble at Red Dog, and your money's a
+temptation to the evilly disposed. I think you said your address was San
+Francisco. I shall endeavor to call." It may be stated here that
+Tennessee had a fine flow of humor, which no business preoccupation
+could wholly subdue.
+
+This exploit was his last. Red Dog and Sandy Bar made common cause
+against the highwayman. Tennessee was hunted in very much the same
+fashion as his prototype, the grizzly. As the toils closed around him,
+he made a desperate dash through the Bar, emptying his revolver at the
+crowd before the Arcade Saloon, and so on up Grizzly Cañon; but at its
+farther extremity he was stopped by a small man on a gray horse. The men
+looked at each other a moment in silence. Both were fearless, both
+self-possessed and independent, and both types of a civilization that in
+the seventeenth century would have been called heroic, but in the
+nineteenth simply "reckless." "What have you got there?--I call," said
+Tennessee see, quietly. "Two bowers and an ace," said the stranger, as
+quietly, showing two revolvers and a bowie-knife. "That takes me,"
+returned Tennessee; and, with this gambler's epigram, he threw away his
+useless pistol, and rode back with his captor.
+
+It was a warm night. The cool breeze which usually sprang up with the
+going down of the sun behind the chaparral-crested mountain was that
+evening withheld from Sandy Bar. The little cañon was stifling with
+heated resinous odors, and the decaying driftwood on the Bar sent forth
+faint, sickening exhalations. The feverishness of day and its fierce
+passions still filled the camp. Lights moved restlessly along the bank
+of the river, striking no answering reflection from its tawny current.
+Against the blackness of the pines the windows of the old loft above the
+express-office stood out staringly bright; and through their curtainless
+panes, the loungers below could see the forms of those who were even
+then deciding the fate of Tennessee. And above all this, etched on the
+dark firmament, rose the Sierra, remote and passionless, crowned with
+remoter passionless stars.
+
+The trial of Tennessee was conducted as fairly as was consistent with a
+judge and jury who felt themselves to some extent obliged to justify, in
+their verdict, the previous irregularities of arrest and indictment. The
+law of Sandy Bar was implacable, but not vengeful. The excitement and
+personal feeling of the chase were over; with Tennessee safe in their
+hands they were ready to listen patiently to any defense, which they
+were already satisfied was insufficient. There being no doubt in their
+own minds, they were willing to give the prisoner the benefit of any
+that might exist. Secure in the hypothesis that he ought to be hanged,
+on general principles, they indulged him with more latitude of defense
+than his reckless hardihood seemed to ask. The Judge appeared to be more
+anxious than the prisoner, who, otherwise unconcerned, evidently took a
+grim pleasure in the responsibility he had created. "I don't take any
+hand in this yer game," had been his invariable but good-humored reply
+to all questions. The Judge--who was also his captor--for a moment
+vaguely regretted that he had not shot him "on sight," that morning, but
+presently dismissed this human weakness as unworthy of the judicial
+mind. Nevertheless, when there was a tap at the door, and it was said
+that Tennessee's Partner was there on behalf of the prisoner, he was
+admitted at once without question. Perhaps the younger members of the
+jury, to whom the proceedings were becoming irksomely thoughtful, hailed
+him as a relief.
+
+For he was not, certainly, an imposing figure. Short and stout, with a
+square face, sunburned into a preternatural redness, clad in a loose
+duck "jumper" and trousers streaked and splashed with red soil, his
+aspect under any circumstances would have been quaint, and was now even
+ridiculous. As he stooped to deposit at his feet a heavy carpet-bag he
+was carrying, it became obvious, from partially developed legends and
+inscriptions, that the material with which his trousers had been patched
+had been originally intended for a less ambitious covering. Yet he
+advanced with great gravity, and after shaking the hand of each person
+in the room with labored cordiality, he wiped his serious, perplexed
+face on a red bandanna handkerchief, a shade lighter than his
+complexion, laid his powerful hand upon the table to steady himself, and
+thus addressed the Judge:--"I was passin' by," he began, by way of
+apology, "and I thought I'd just step in and see how things was gittin'
+on with Tennessee thar,--my pardner. It's a hot night. I disremember
+any sich weather before on the Bar."
+
+He paused a moment, but nobody volunteering any other meteorological
+recollection, he again had recourse to his pocket-handkerchief, and for
+some moments mopped his face diligently.
+
+"Have you anything to say on behalf of the prisoner?"' said the Judge,
+finally.
+
+"Thet's it," said Tennessee's Partner, in a tone of relief. "I come yar
+as Tennessee's pardner, knowing him nigh on four year, off and on, wet
+and dry, in luck and out o' luck. His ways ain't allers my ways, but
+thar ain't any p'ints in that young man, thar ain't any liveliness as
+he's been up to, as I don't know. And you sez to me, sez
+you,--confidential-like, and between man and man,--sez you, 'Do you know
+anything in his behalf?' and I sez to you, sez I,--confidential-like,
+as between man and man,--'What should a man know of his pardner?'"
+
+"Is this all you have to say? asked the Judge impatiently, feeling,
+perhaps, that a dangerous sympathy of humor was beginning to humanize
+the court.
+
+"Thet's so," continued Tennessee's Partner. "It ain't for me to say
+anything agin' him. And now, what's the case? Here's Tennessee wants
+money, wants it bad, and doesn't like to ask it of his old pardner.
+Well, what does Tennessee do? He lays for a stranger, and he fetches
+that stranger; and you lays for him, and you fetches him; and the honors
+is easy. And I put it to you, bein' a far-minded man, and to you,
+gentlemen all, as far-minded men, ef this is isn't so."
+
+"Prisoner," said the Judge, interrupting, "have you any questions to ask
+this man?"
+
+"No! no!" continued Tennessee's Partner hastily. "I play this yer hand
+alone. To come down to the bedrock, it's just this: Tennessee, thar, has
+played it pretty rough and expensive-like on a stranger, and on this yer
+camp. And now, what's the fair thing? Some would say more; some would
+say less. Here's seventeen hundred dollars in coarse gold and a
+watch,--it's about all my pile,--and call it square!" And before a hand
+could be raised to prevent him, he had emptied the contents of the
+carpet-bag upon the table.
+
+For a moment his life was in jeopardy. One or two men sprang to their
+feet, several hands groped for hidden weapons, and a suggestion to
+"throw him from the window," was only overridden by a gesture from the
+Judge. Tennessee laughed. And apparently oblivious of the excitement,
+Tennessee's Partner improved the opportunity to mop his face again with
+his handkerchief.
+
+When order was restored, and the man was made to understand, by the use
+of forcible figures and rhetoric, that Tennessee's offense could not be
+condoned by money, his face took a more serious and sanguinary hue, and
+those who were nearest to him noticed that his rough hand trembled
+slightly on the table. He hesitated a moment as he slowly returned the
+gold to the carpetbag, as if he had not yet entirely caught the elevated
+sense of justice which swayed the tribunal, and was perplexed with the
+belief that he had not offered enough. Then he turned to the Judge, and
+saying, "This yer is a lone hand, played alone, and without my pardner,"
+he bowed to the jury and was about to withdraw, when the Judge called
+him back. "If you have anything to say to Tennessee, you had better say
+it now." For the first time that evening the eyes of the prisoner and
+his strange advocate met. Tennessee smiled, showed his white teeth, and
+saying, "Euchred, old man!" held out his hand. Tennessee's Partner took
+it in his own, and saying, "I just dropped in as I was passin' to see
+how things was gettin' on," let the hand passively fall, and adding that
+"it was a warm night," I again mopped his face with his handkerchief,
+and without another word withdrew.
+
+The two men never again met each other alive. For the unparalleled
+insult of a bribe offered to Judge Lynch--who, whether bigoted, weak,
+or narrow, was at least incorruptible--firmly fixed in the mind of that
+mythical personage any wavering determination of Tennessee's fate; and
+at the break of day he was marched, closely guarded, to meet it at the
+top of Marley's Hill.
+
+How he met it, how cool he was, how he refused to say anything, how
+perfect were the arrangements of the committee, were all duly reported,
+with the addition of a warning moral and example to all future
+evil-doers, in the Red Dog Clarion, by its editor, who was present, and
+to whose vigorous English I cheerfully refer the reader. But the beauty
+of that midsummer morning, the blessed amity of earth and air and sky,
+the awakened life of the free woods and hills, the joyous renewal and
+promise of Nature, and, above all, the infinite serenity that thrilled
+through each, was not reported, as not being a part of the social
+lesson. And yet, when the weak and foolish deed was done, and a life,
+with its possibilities and responsibilities, had passed out of the
+misshapen thing that dangled between earth and sky, the birds sang, the
+flowers bloomed, the sun shone, as cheerily as before; and possibly the
+Red Dog Clarion was right.
+
+Tennessee's Partner was not in the group that surrounded the ominous
+tree. But as they turned to disperse, attention was drawn to the
+singular appearance of a motionless donkey-cart halted at the side of
+the road. As they approached, they at once recognized the venerable
+Jenny and the two-wheeled cart as the property of Tennessee's
+Partner,--used by him in carrying dirt from his claim; and a few paces
+distant, the owner of the equipage himself, sitting under a buckeye tree,
+wiping the perspiration from his glowing face. In answer to an inquiry,
+he said he had come for the body of the "diseased," "if it was all the
+same to the committee." He didn't wish to "hurry anything"; he could
+wait. He was not working that day; and when the gentlemen were done with
+the "diseased" he would take him. "Ef thar is any present," he added, in
+his simple, serious way, "as would care to jine in the fun'l, they kin
+come." Perhaps it was from a sense of humor, which I have already
+intimated was a feature of Sandy Bar,--perhaps it was from something
+even better than that; but two-thirds of the loungers accepted the
+invitation at once.
+
+It was noon when the body of Tennessee was delivered into the hands of
+his partner. As the cart drew up to the fatal tree, we noticed that it
+contained a rough oblong box,--apparently made from a section of
+sluicing,--and half filled with bark and the tassels of pine. The cart
+was further decorated with slips of willow, and made fragrant with
+buckeye-blossoms. When the body was deposited in the box, Tennessee's
+Partner drew over it a piece of tarred canvas, and gravely mounting the
+narrow seat in front, with his feet upon the shafts, urged the little
+donkey forward. The equipage moved slowly on, at that decorous pace
+which was habitual with Jenny even under less solemn circumstances. The
+men--half curiously, have jestingly, but all good-humoredly--strolled
+along beside the cart; some in advance, some a little in the rear, of
+the homely catafalque. But, whether from the narrowing of the road or
+some present sense of decorum, as the cart passed on, the company fell
+to the rear in couples, keeping step, and otherwise assuming the
+external show of a formal procession. Jack Folinsbee, who had at the
+outset played a funeral march in dumb show upon an imaginary trombone,
+desisted, from a lack of sympathy and appreciation,--not having,
+perhaps, your true humorist's capacity to be content with the enjoyment
+of his own fun.
+
+The way led through Grizzly Cañon, by this time clothed in funereal
+drapery and shadows. The redwoods, burying their moccasined feet in the
+red soil, stood in Indian-file along the track, trailing an uncouth
+benediction from their bending boughs upon the passing bier. A hare,
+surprised into helpless inactivity, sat upright and pulsating in the
+ferns by the roadside, as the cortège went by. Squirrels hastened to
+gain a secure outlook from higher boughs; and the blue-jays, spreading
+their wings, fluttered before them like outriders, until the outskirts
+of Sandy Bar were reached, and the solitary cabin of Tennessee's
+Partner.
+
+Viewed under more favorable circumstances, it would not have been a
+cheerful place. The unpicturesque site, the rude and unlovely outlines,
+the unsavory details, which distinguish the nest-building of the
+California miner, were all here, with the dreariness of decay
+superadded. A few paces from the cabin there was a rough enclosure,
+which, in the brief days of Tennessee's Partner's matrimonial felicity,
+had been used as a garden, but was now overgrown with fern. As we
+approached it we were surprised to find that what we had taken for a
+recent attempt at cultivation was the broken soil about an open grave.
+
+The cart was halted before the enclosure; and rejecting the offers of
+assistance with the same air of simple self-reliance he had displayed
+throughout, Tennessee's Partner lifted the rough coffin on his back, and
+deposited it, unaided, within the shallow grave. He then nailed down the
+board which served as a lid, and, mounting the little mound of earth
+beside it, took off his hat, and slowly mopped his face with his
+handkerchief. This the crowd felt was a preliminary to speech; and they
+disposed themselves variously on stumps and boulders, and sat expectant.
+
+"When a man," began Tennessee's Partner slowly, "has been running free
+all day, what's the natural thing for him to do? Why, to come home. And
+if he ain't in a condition to go home, what can his best friend do? Why,
+bring him home! And here's Tennessee has been running free, and we
+brings him home from his wandering." He paused, and picked up a fragment
+of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't
+the first time that I've packed him on my back, as you see'd me now. It
+ain't the first time that I brought him to this yer cabin when he
+couldn't help himself; it ain't the first time that I and Jinny have
+waited for him on yon hill, and picked him up and so fetched him home,
+when he couldn't speak, and didn't know me. And now that it's the last
+time, why"--he paused, and rubbed the quartz gently on his sleeve--"you
+see it's sort of rough on his pardner. And now, gentlemen," he added
+abruptly, picking up his long handled shovel, "the fun'l's over; and my
+thanks, and Tennessee's thanks, to you for your trouble."
+
+Resisting any proffers of assistance, he began to fill in the grave,
+turning his back upon the crowd, that, after a few moments' hesitation,
+gradually withdrew. As they crossed the little ridge that hid Sandy Bar
+from view, some, looking back, thought they could see Tennessee's
+Partner, his work done, sitting upon the grave, his shovel between his
+knees, and his face buried in his red bandanna handkerchief. But it was
+argued by others that you couldn't tell his face from his handkerchief
+at that distance; and this point remained undecided.
+
+In the reaction that followed the feverish excitement of that day,
+Tennessee's Partner was not forgotten. A secret investigation had
+cleared him of any complicity in Tennessee's guilt, and left only a
+suspicion of his general sanity. Sandy Bar made a point of calling on
+him, and proffering various uncouth but well-meant kindnesses. But from
+that day his rude health and great strength seemed visibly to decline;
+and when the rainy season fairly set in, and the tiny grass-blades were
+beginning to peep from the rocky mound above Tennessee's grave, he took
+to his bed.
+
+One night, when the pines beside the cabin were swaying in the storm,
+and trailing their slender fingers over the roof, and the roar and rush
+of the swollen river were heard below, Tennessee's Partner lifted his
+head from the Pillow, saying, "It is time to go for Tennessee; I must
+put Jinny in the cart;" and would have risen from his bed but for the
+restraint of his attendant. Struggling, he still pursued his singular
+fancy: "There, now, steady, Jinny,--steady, old girl. How dark it is!
+Look out for the ruts,--and look out for him, too, old gal. Sometimes,
+you know, when he's blind drunk, he drops down right in the trail. Keep
+on straight up to the pine on the top of the hill. Thar! I told you
+so!--thar he is,--coming this way, too,--all by himself, sober, and his
+face a-shining. Tennessee! Pardner!"
+
+And so they met.
+
+
+
+Here ends No. Three of the western classics, Being Tennessee's Partner
+by Bret Harte, the introduction by William Dallam Armes. The
+photogravure frontispiece by Albertine Randall Wheelan. Of this First
+Edition One Thousand Copies have been issued, printed upon Fabriano
+handmade paper. The typography designed by J. H. Nash. Published by Paul
+Elder and Company, and done into a book for them at the Tomoye Press,
+New York City, in the year Nineteen Hundred and Seven.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
+
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+<HEAD>
+
+<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1">
+
+<TITLE>
+The Project Gutenberg E-text of Tennessee's Partner, by Bret Harte
+</TITLE>
+
+<STYLE TYPE="text/css">
+BODY { color: Black;
+ background: White;
+ margin-right: 10%;
+ margin-left: 10%;
+ font-family: "Times New Roman", serif;
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+
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+<pre>
+
+The Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
+
+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: Tennessee's Partner
+
+Author: Bret Harte
+
+Posting Date: August 24, 2009 [EBook #4674]
+Release Date: November, 2003
+First Posted: February 26, 2002
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TENNESSEE'S PARTNER ***
+
+
+
+
+Produced by David Schwan
+
+
+
+
+
+</pre>
+
+
+<BR><BR>
+
+<H3 ALIGN="center">
+Western Classics No. Three
+</H3>
+
+<BR><BR>
+
+<H2 ALIGN="center">
+Tennessee's Partner
+</H2>
+
+<BR><BR>
+
+<P CLASS="intro">
+"Both were fearless types of a civilization that in the seventeenth
+century would have been called heroic, but in the nineteenth simply
+'reckless.'"
+</P>
+
+<BR><BR>
+
+<H1 ALIGN="center">
+Tennessee's Partner
+</H1>
+
+<BR>
+
+<H3 ALIGN="center">
+By
+</H3>
+
+<H2 ALIGN="center">
+Bret Harte,
+</H2>
+
+<BR>
+
+<H4 ALIGN="center">
+Including An Introduction By William Dallam Armes.
+</H4>
+
+<BR><BR><BR>
+
+<H3 ALIGN="center">
+The Introduction
+</H3>
+
+<P>
+When Marshall's discovery caused a sudden influx of thousands of
+adventurers from all classes and almost all countries, the conditions of
+government in California were almost the worst possible. Though the
+Mexican system was unpopular and the Mexican law practically unknown,
+until other provision was made by congress, they had to continue in
+force. But the free and slave states were equal in number; California
+would turn the scale; there was a battle royal as to which pan should
+descend, a battle that the congresses of 1848 and 1849 left unsettled on
+adjourning.
+</P>
+
+<P>
+Under these circumstances, it might be supposed that the worst elements
+would get the upper hand, crime become common, and anarchy result.
+Precisely the opposite happened. The de facto government was accepted as
+a necessity, and under its direction "alcaldes" and "ayuntamientos" were
+elected. But the mining-camps, which were in a part of the country that
+had not been settled by the Mexicans and were occupied by men who knew
+nothing of their system or laws, were left to work out their own
+salvation. The preponderating element was the Anglo-Saxon, and its
+genius for law and order asserted itself. Each camp elected its own
+officers, recognized the customary laws and adopted special ones, and
+punished lawbreakers. Naturally theft was considered a more serious
+crime than it is in ordinary communities. As there were no jails or
+jailors, flogging and expulsion were the usual punishment, but in
+aggravated cases it was death. Even after the state government had been
+organized, indeed, the law for a short while permitted a jury to
+prescribe the death penalty for grand larceny, and, in fact, several
+notorious thieves were legally executed.
+</P>
+
+<P>
+The testimony of all observers is that the camps were surprisingly
+orderly, that crime was infrequent, and that its punishment, though
+swift and certain, leaned to mercy rather than rigor. Bayard Taylor, for
+example, who was in the mines in '50 and '51, writes: "In a region five
+hundred miles long, inhabited by a hundred thousand people, who had
+neither locks, bolts, regular laws of government, military or civil
+protection, there was as much security to life and property as in any
+state of the Union."
+</P>
+
+<P>
+As these "miners' courts" were allowed after the organization of the
+state to retain jurisdiction in all questions that concerned the
+appropriation of claims, the miners but slowly appreciated that they had
+been shorn of their criminal jurisdiction. But that they did come to
+recognize that "the old order changeth, yielding place to new," is, in
+fact, shown by the very incident on which Harte based his of a lynching.
+</P>
+
+<P>
+Spite of the autobiographic method that leads the casual reader to think
+that Harte was intimately connected with this early pioneer life and
+derived the material for his sketches from personal observation and
+experience, his is, in truth, only hearsay evidence. The heroic age was
+with Iram and all his rose ere he landed in 1854, a lad of eighteen.
+With no especial equipment for battling with the world, he had to turn
+his hand to many things, and naturally tried mining. But finding the
+returns incommensurate with the labor, he soon gave it up and sought
+more congenial occupations, mainly in the towns of the valleys and the
+seacoast. Before he was twenty-three, he had been school-teacher,
+express-messenger, deputy tax-collector, and druggist's assistant; and
+had risen from "printer's devil" to assistant editor of a country
+newspaper. In 1859 he was back in San Francisco, utilizing the trade he
+had picked up, as a compositor on The Golden Era. To this he contributed
+poems and local sketches that soon led to his appointment as assistant
+editor. His writings made him friends, one of whom, Thomas Starr King,
+in 1864, obtained for him the position of secretary to the
+superintendent of the Mint. His duties were not arduous, and his rooms
+became the resort of his literary associates and of men from "the
+diggings," whose mines, like the meadows of Concord, yielded a two-fold
+crop: gold-dust for the superintendent to turn into bullion, and stories
+for his young secretary later to turn into literature. By 1868 his
+reputation was so great that when Mr. A. Roman established The Overland
+Monthly, he was made its first editor.
+</P>
+
+<P>
+Mr. Roman impressed upon him the literary possibilities of the life of
+the miners, and furnished him with incidents, tales, and pictures. "The
+Luck of Roaring Camp," his first venture in this hitherto almost
+untouched field, proved that Bret Harte had come into his own. His local
+sketches and Mexican legends had been imitative of Irving, his stories
+of Dickens; but for this he had evolved a method and a style distinctly
+personal. His first success was followed up by "The Outcasts of Poker
+Flat" and (in October, 1869) by the tale here reprinted; and when, in
+1870, an Eastern house published his sketches in book form, his fame was
+secure. In 1871 he left California, and after a few years in the East
+that added little to his reputation as a writer, or as a man, secured a
+consulate in Germany. In 1878 he left America forever. Till his death in
+1902 he wrote on, frequently recurring to the claim where he first "got
+the color," but never equaling his work during the year and a half that
+he was editor of the Overland.
+</P>
+
+<P>
+In 1866 Harte heard, from one who had been present, the incident that
+inspired "Tennessee's Partner." Eleven years before, at Second Garrote,
+a newcomer had committed a capital crime. The miners organized a court,
+appointed counsel, and gave the miscreant a trial. He confessed his
+guilt, and the cry arose, "Hang him!"' But "Old Man Chaffee" stepped
+forward, drew a bag of gold-dust from his bosom, and said that he would
+give his "pile" rather than have a lynching occur in a camp that, spite
+its name, had never been so disgraced. He begged the crowd to turn the
+prisoner over to the authorities and let the law take its course. Such
+was the fervor of his appeal and so great were the respect and affection
+for the old man that his proposal was adopted with a cheer for the
+advocate of law and order, and the culprit taken to the jail at
+Columbia.
+</P>
+
+<P>
+Chaffee's partner, Chamberlain, seems to have had no part in this
+affair; but the two were united by a love like that of his partner for
+Tennessee. And long after the Second Garrote had become but a memory,
+the two octogenarians lived on in their little cabin, Chaffee seeking
+with primitive pick, shovel, and pan the more and more elusive gold, and
+Chamberlain contributing to the common purse by cultivating a small
+"ranch," the best crop of which was the campers who came to chat of
+bygone days with "the original of Tennessee's Partner." At last, in
+1903, their partnership of fifty-four years was ended by the death of
+Chaffee. Within eight weeks he was followed by Chamberlain. Their last
+days were made easy by the bounty of Professor W. E. Magee, of the State
+University, to whom I am indebted for the authority for some of these
+statements,&mdash;Chamberlain's journal.
+</P>
+
+<P>
+From this simple material the imagination of Bret Harte spun the
+characters, incidents, and motives that his genius wove into an
+exquisite fabric, an idyl of blind, unreasoning love of man for man. He
+was not writing history; and the complaint of those who were part of the
+life he depicted, that he misstated the facts, rests on the same failure
+to appreciate his purpose and method that leads Eastern and English
+critics to consider his realism reality and to mistake his
+verisimilitude for the truth itself. The fact is that Bret Harte was a
+consummate literary artist, who used facts with all an artist's freedom.
+His genius "imbalm'd and treasur'd up on purpose to a life beyond life,"
+however, many an actual incident that otherwise would lie buried 'neath
+the poppy that the iniquity of oblivion blindly scattereth.
+</P>
+
+<P CLASS="noindent">
+William Dallam Armes.
+</P>
+
+<BR><BR><BR>
+
+<H1 ALIGN="center">
+Tennessee's Partner
+</H1>
+
+<P>
+I do not think that we ever knew his real name. Our ignorance of it
+certainly never gave us any social inconvenience, for at Sandy Bar in
+1854 most men were christened anew. Sometimes these appellatives were
+derived from some distinctiveness of dress, as in the case of "Dungaree
+Jack"; or from some peculiarity of habit, as shown in "Saleratus Bill,"
+so called from an undue proportion of that chemical in his daily bread;
+or from some unlucky slip, as exhibited in "The Iron Pirate," a mild,
+inoffensive man, who earned that baleful title by his unfortunate
+mispronunciation of the term "iron pyrites." Perhaps this may have been
+the beginning of a rude heraldry; but I am constrained to think that it
+was because a man's real name in that day rested solely upon his own
+unsupported statement. "Call yourself Clifford, do you?" said Boston,
+addressing a timid newcomer with infinite scorn; "hell is full of such
+Cliffords!" He then introduced the unfortunate man, whose name happened
+to be really Clifford, as "Jaybird Charley,"&mdash;an unhallowed inspiration
+of the moment that clung to him ever after.
+</P>
+
+<P>
+But to return to Tennessee's Partner, whom we never knew by any other
+than this relative title; that he had ever existed as a separate and
+distinct individuality we only learned later. It seems that in 1853 he
+left Poker Flat to go to San Francisco, ostensibly to procure a wife. He
+never got any farther than Stockton. At that place he was attracted by a
+young person who waited upon the table at the hotel where he took his
+meals. One morning he said something to her which caused her to smile
+not unkindly, to somewhat coquettishly break a plate of toast over his
+upturned, serious, simple face, and to retreat to the kitchen. He
+followed her, and emerged a few moments later, covered with more toast
+and victory. That day week they were married by a Justice of the Peace,
+and returned to Poker Flat. I am aware that something more might be made
+of this episode, but I prefer to tell it as it was current at Sandy
+Bar,&mdash;in the gulches and barrooms,&mdash;where all sentiment was modified by a
+strong sense of humor.
+</P>
+
+<P>
+Of their married felicity but little is known, perhaps for the reason
+that Tennessee, then living with his partner, one day took occasion to
+say something to the bride on his own account, at which, it is said, she
+smiled not unkindly, and chastely retreated, this time as far as
+Marysville, where Tennessee followed her, and where they went to
+housekeeping without the aid of a Justice of the Peace. Tennessee's
+Partner took the loss of his wife simply and seriously, as was his
+fashion. But to everybody's surprise, when Tennessee one day returned
+from Marysville, without his partner's wife,&mdash;she having smiled and
+retreated with somebody else,&mdash;Tennessee's Partner was the first man to
+shake his hand and greet him with affection. The boys who had gathered
+in the cañon to see the shooting were naturally indignant. Their
+indignation might have found vent in sarcasm but for a certain look in
+Tennessee's Partner's eye that indicated a lack of humorous
+appreciation. In fact, he was a grave man, with a steady application to
+practical detail which was unpleasant in a difficulty.
+</P>
+
+<P>
+Meanwhile a popular feeling against Tennessee had grown up on the Bar.
+He was known to be a gambler; he was suspected to be a thief. In these
+suspicions Tennessee's Partner was equally compromised; his continued
+intimacy with Tennessee after the affair above quoted could only be
+accounted for on the hypothesis of a copartnership of crime. At last
+Tennessee's guilt became flagrant. One day he overtook a stranger on his
+way to Red Dog. The stranger afterward related that Tennessee beguiled
+the time with interesting anecdote and reminiscence, but illogically
+concluded the interview in the following words: "And now, young man,
+I'll trouble you for your knife, your pistols, and your money. You see
+your weppings might get you into trouble at Red Dog, and your money's a
+temptation to the evilly disposed. I think you said your address was San
+Francisco. I shall endeavor to call." It may be stated here that
+Tennessee had a fine flow of humor, which no business preoccupation
+could wholly subdue.
+</P>
+
+<P>
+This exploit was his last. Red Dog and Sandy Bar made common cause
+against the highwayman. Tennessee was hunted in very much the same
+fashion as his prototype, the grizzly. As the toils closed around him,
+he made a desperate dash through the Bar, emptying his revolver at the
+crowd before the Arcade Saloon, and so on up Grizzly Cañon; but at its
+farther extremity he was stopped by a small man on a gray horse. The men
+looked at each other a moment in silence. Both were fearless, both
+self-possessed and independent, and both types of a civilization that in
+the seventeenth century would have been called heroic, but in the
+nineteenth simply "reckless." "What have you got there?&mdash;I call," said
+Tennessee see, quietly. "Two bowers and an ace," said the stranger, as
+quietly, showing two revolvers and a bowie-knife. "That takes me,"
+returned Tennessee; and, with this gambler's epigram, he threw away his
+useless pistol, and rode back with his captor.
+</P>
+
+<P>
+It was a warm night. The cool breeze which usually sprang up with the
+going down of the sun behind the chaparral-crested mountain was that
+evening withheld from Sandy Bar. The little cañon was stifling with
+heated resinous odors, and the decaying driftwood on the Bar sent forth
+faint, sickening exhalations. The feverishness of day and its fierce
+passions still filled the camp. Lights moved restlessly along the bank
+of the river, striking no answering reflection from its tawny current.
+Against the blackness of the pines the windows of the old loft above the
+express-office stood out staringly bright; and through their curtainless
+panes, the loungers below could see the forms of those who were even
+then deciding the fate of Tennessee. And above all this, etched on the
+dark firmament, rose the Sierra, remote and passionless, crowned with
+remoter passionless stars.
+</P>
+
+<P>
+The trial of Tennessee was conducted as fairly as was consistent with a
+judge and jury who felt themselves to some extent obliged to justify, in
+their verdict, the previous irregularities of arrest and indictment. The
+law of Sandy Bar was implacable, but not vengeful. The excitement and
+personal feeling of the chase were over; with Tennessee safe in their
+hands they were ready to listen patiently to any defense, which they
+were already satisfied was insufficient. There being no doubt in their
+own minds, they were willing to give the prisoner the benefit of any
+that might exist. Secure in the hypothesis that he ought to be hanged,
+on general principles, they indulged him with more latitude of defense
+than his reckless hardihood seemed to ask. The Judge appeared to be more
+anxious than the prisoner, who, otherwise unconcerned, evidently took a
+grim pleasure in the responsibility he had created. "I don't take any
+hand in this yer game," had been his invariable but good-humored reply
+to all questions. The Judge&mdash;who was also his captor&mdash;for a moment
+vaguely regretted that he had not shot him "on sight," that morning, but
+presently dismissed this human weakness as unworthy of the judicial
+mind. Nevertheless, when there was a tap at the door, and it was said
+that Tennessee's Partner was there on behalf of the prisoner, he was
+admitted at once without question. Perhaps the younger members of the
+jury, to whom the proceedings were becoming irksomely thoughtful, hailed
+him as a relief.
+</P>
+
+<P>
+For he was not, certainly, an imposing figure. Short and stout, with a
+square face, sunburned into a preternatural redness, clad in a loose
+duck "jumper" and trousers streaked and splashed with red soil, his
+aspect under any circumstances would have been quaint, and was now even
+ridiculous. As he stooped to deposit at his feet a heavy carpet-bag he
+was carrying, it became obvious, from partially developed legends and
+inscriptions, that the material with which his trousers had been patched
+had been originally intended for a less ambitious covering. Yet he
+advanced with great gravity, and after shaking the hand of each person
+in the room with labored cordiality, he wiped his serious, perplexed
+face on a red bandanna handkerchief, a shade lighter than his
+complexion, laid his powerful hand upon the table to steady himself, and
+thus addressed the Judge:&mdash;"I was passin' by," he began, by way of
+apology, "and I thought I'd just step in and see how things was gittin'
+on with Tennessee thar,&mdash;my pardner. It's a hot night. I disremember
+any sich weather before on the Bar."
+</P>
+
+<P>
+He paused a moment, but nobody volunteering any other meteorological
+recollection, he again had recourse to his pocket-handkerchief, and for
+some moments mopped his face diligently.
+</P>
+
+<P>
+"Have you anything to say on behalf of the prisoner?"' said the Judge,
+finally.
+</P>
+
+<P>
+"Thet's it," said Tennessee's Partner, in a tone of relief. "I come yar
+as Tennessee's pardner, knowing him nigh on four year, off and on, wet
+and dry, in luck and out o' luck. His ways ain't allers my ways, but
+thar ain't any p'ints in that young man, thar ain't any liveliness as
+he's been up to, as I don't know. And you sez to me, sez
+you,&mdash;confidential-like, and between man and man,&mdash;sez you, 'Do you know
+anything in his behalf?' and I sez to you, sez I,&mdash;confidential-like,
+as between man and man,&mdash;'What should a man know of his pardner?'"
+</P>
+
+<P>
+"Is this all you have to say? asked the Judge impatiently, feeling,
+perhaps, that a dangerous sympathy of humor was beginning to humanize
+the court.
+</P>
+
+<P>
+"Thet's so," continued Tennessee's Partner. "It ain't for me to say
+anything agin' him. And now, what's the case? Here's Tennessee wants
+money, wants it bad, and doesn't like to ask it of his old pardner.
+Well, what does Tennessee do? He lays for a stranger, and he fetches
+that stranger; and you lays for him, and you fetches him; and the honors
+is easy. And I put it to you, bein' a far-minded man, and to you,
+gentlemen all, as far-minded men, ef this is isn't so."
+</P>
+
+<P>
+"Prisoner," said the Judge, interrupting, "have you any questions to ask
+this man?"
+</P>
+
+<P>
+"No! no!" continued Tennessee's Partner hastily. "I play this yer hand
+alone. To come down to the bedrock, it's just this: Tennessee, thar, has
+played it pretty rough and expensive-like on a stranger, and on this yer
+camp. And now, what's the fair thing? Some would say more; some would
+say less. Here's seventeen hundred dollars in coarse gold and a
+watch,&mdash;it's about all my pile,&mdash;and call it square!" And before a hand
+could be raised to prevent him, he had emptied the contents of the
+carpet-bag upon the table.
+</P>
+
+<P>
+For a moment his life was in jeopardy. One or two men sprang to their
+feet, several hands groped for hidden weapons, and a suggestion to
+"throw him from the window," was only overridden by a gesture from the
+Judge. Tennessee laughed. And apparently oblivious of the excitement,
+Tennessee's Partner improved the opportunity to mop his face again with
+his handkerchief.
+</P>
+
+<P>
+When order was restored, and the man was made to understand, by the use
+of forcible figures and rhetoric, that Tennessee's offense could not be
+condoned by money, his face took a more serious and sanguinary hue, and
+those who were nearest to him noticed that his rough hand trembled
+slightly on the table. He hesitated a moment as he slowly returned the
+gold to the carpetbag, as if he had not yet entirely caught the elevated
+sense of justice which swayed the tribunal, and was perplexed with the
+belief that he had not offered enough. Then he turned to the Judge, and
+saying, "This yer is a lone hand, played alone, and without my pardner,"
+he bowed to the jury and was about to withdraw, when the Judge called
+him back. "If you have anything to say to Tennessee, you had better say
+it now." For the first time that evening the eyes of the prisoner and
+his strange advocate met. Tennessee smiled, showed his white teeth, and
+saying, "Euchred, old man!" held out his hand. Tennessee's Partner took
+it in his own, and saying, "I just dropped in as I was passin' to see
+how things was gettin' on," let the hand passively fall, and adding that
+"it was a warm night," I again mopped his face with his handkerchief,
+and without another word withdrew.
+</P>
+
+<P>
+The two men never again met each other alive. For the unparalleled
+insult of a bribe offered to Judge Lynch&mdash;who, whether bigoted, weak,
+or narrow, was at least incorruptible&mdash;firmly fixed in the mind of that
+mythical personage any wavering determination of Tennessee's fate; and
+at the break of day he was marched, closely guarded, to meet it at the
+top of Marley's Hill.
+</P>
+
+<P>
+How he met it, how cool he was, how he refused to say anything, how
+perfect were the arrangements of the committee, were all duly reported,
+with the addition of a warning moral and example to all future
+evil-doers, in the Red Dog Clarion, by its editor, who was present, and
+to whose vigorous English I cheerfully refer the reader. But the beauty
+of that midsummer morning, the blessed amity of earth and air and sky,
+the awakened life of the free woods and hills, the joyous renewal and
+promise of Nature, and, above all, the infinite serenity that thrilled
+through each, was not reported, as not being a part of the social
+lesson. And yet, when the weak and foolish deed was done, and a life,
+with its possibilities and responsibilities, had passed out of the
+misshapen thing that dangled between earth and sky, the birds sang, the
+flowers bloomed, the sun shone, as cheerily as before; and possibly the
+Red Dog Clarion was right.
+</P>
+
+<P>
+Tennessee's Partner was not in the group that surrounded the ominous
+tree. But as they turned to disperse, attention was drawn to the
+singular appearance of a motionless donkey-cart halted at the side of
+the road. As they approached, they at once recognized the venerable
+Jenny and the two-wheeled cart as the property of Tennessee's
+Partner,&mdash;used by him in carrying dirt from his claim; and a few paces
+distant, the owner of the equipage himself, sitting under a buckeye tree,
+wiping the perspiration from his glowing face. In answer to an inquiry,
+he said he had come for the body of the "diseased," "if it was all the
+same to the committee." He didn't wish to "hurry anything"; he could
+wait. He was not working that day; and when the gentlemen were done with
+the "diseased" he would take him. "Ef thar is any present," he added, in
+his simple, serious way, "as would care to jine in the fun'l, they kin
+come." Perhaps it was from a sense of humor, which I have already
+intimated was a feature of Sandy Bar,&mdash;perhaps it was from something
+even better than that; but two-thirds of the loungers accepted the
+invitation at once.
+</P>
+
+<P>
+It was noon when the body of Tennessee was delivered into the hands of
+his partner. As the cart drew up to the fatal tree, we noticed that it
+contained a rough oblong box,&mdash;apparently made from a section of
+sluicing,&mdash;and half filled with bark and the tassels of pine. The cart
+was further decorated with slips of willow, and made fragrant with
+buckeye-blossoms. When the body was deposited in the box, Tennessee's
+Partner drew over it a piece of tarred canvas, and gravely mounting the
+narrow seat in front, with his feet upon the shafts, urged the little
+donkey forward. The equipage moved slowly on, at that decorous pace
+which was habitual with Jenny even under less solemn circumstances. The
+men&mdash;half curiously, have jestingly, but all good-humoredly&mdash;strolled
+along beside the cart; some in advance, some a little in the rear, of
+the homely catafalque. But, whether from the narrowing of the road or
+some present sense of decorum, as the cart passed on, the company fell
+to the rear in couples, keeping step, and otherwise assuming the
+external show of a formal procession. Jack Folinsbee, who had at the
+outset played a funeral march in dumb show upon an imaginary trombone,
+desisted, from a lack of sympathy and appreciation,&mdash;not having,
+perhaps, your true humorist's capacity to be content with the enjoyment
+of his own fun.
+</P>
+
+<P>
+The way led through Grizzly Cañon, by this time clothed in funereal
+drapery and shadows. The redwoods, burying their moccasined feet in the
+red soil, stood in Indian-file along the track, trailing an uncouth
+benediction from their bending boughs upon the passing bier. A hare,
+surprised into helpless inactivity, sat upright and pulsating in the
+ferns by the roadside, as the cortège went by. Squirrels hastened to
+gain a secure outlook from higher boughs; and the blue-jays, spreading
+their wings, fluttered before them like outriders, until the outskirts
+of Sandy Bar were reached, and the solitary cabin of Tennessee's
+Partner.
+</P>
+
+<P>
+Viewed under more favorable circumstances, it would not have been a
+cheerful place. The unpicturesque site, the rude and unlovely outlines,
+the unsavory details, which distinguish the nest-building of the
+California miner, were all here, with the dreariness of decay
+superadded. A few paces from the cabin there was a rough enclosure,
+which, in the brief days of Tennessee's Partner's matrimonial felicity,
+had been used as a garden, but was now overgrown with fern. As we
+approached it we were surprised to find that what we had taken for a
+recent attempt at cultivation was the broken soil about an open grave.
+</P>
+
+<P>
+The cart was halted before the enclosure; and rejecting the offers of
+assistance with the same air of simple self-reliance he had displayed
+throughout, Tennessee's Partner lifted the rough coffin on his back, and
+deposited it, unaided, within the shallow grave. He then nailed down the
+board which served as a lid, and, mounting the little mound of earth
+beside it, took off his hat, and slowly mopped his face with his
+handkerchief. This the crowd felt was a preliminary to speech; and they
+disposed themselves variously on stumps and boulders, and sat expectant.
+</P>
+
+<P>
+"When a man," began Tennessee's Partner slowly, "has been running free
+all day, what's the natural thing for him to do? Why, to come home. And
+if he ain't in a condition to go home, what can his best friend do? Why,
+bring him home! And here's Tennessee has been running free, and we
+brings him home from his wandering." He paused, and picked up a fragment
+of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't
+the first time that I've packed him on my back, as you see'd me now. It
+ain't the first time that I brought him to this yer cabin when he
+couldn't help himself; it ain't the first time that I and Jinny have
+waited for him on yon hill, and picked him up and so fetched him home,
+when he couldn't speak, and didn't know me. And now that it's the last
+time, why"&mdash;he paused, and rubbed the quartz gently on his sleeve&mdash;"you
+see it's sort of rough on his pardner. And now, gentlemen," he added
+abruptly, picking up his long handled shovel, "the fun'l's over; and my
+thanks, and Tennessee's thanks, to you for your trouble."
+</P>
+
+<P>
+Resisting any proffers of assistance, he began to fill in the grave,
+turning his back upon the crowd, that, after a few moments' hesitation,
+gradually withdrew. As they crossed the little ridge that hid Sandy Bar
+from view, some, looking back, thought they could see Tennessee's
+Partner, his work done, sitting upon the grave, his shovel between his
+knees, and his face buried in his red bandanna handkerchief. But it was
+argued by others that you couldn't tell his face from his handkerchief
+at that distance; and this point remained undecided.
+</P>
+
+<P>
+In the reaction that followed the feverish excitement of that day,
+Tennessee's Partner was not forgotten. A secret investigation had
+cleared him of any complicity in Tennessee's guilt, and left only a
+suspicion of his general sanity. Sandy Bar made a point of calling on
+him, and proffering various uncouth but well-meant kindnesses. But from
+that day his rude health and great strength seemed visibly to decline;
+and when the rainy season fairly set in, and the tiny grass-blades were
+beginning to peep from the rocky mound above Tennessee's grave, he took
+to his bed.
+</P>
+
+<P>
+One night, when the pines beside the cabin were swaying in the storm,
+and trailing their slender fingers over the roof, and the roar and rush
+of the swollen river were heard below, Tennessee's Partner lifted his
+head from the Pillow, saying, "It is time to go for Tennessee; I must
+put Jinny in the cart;" and would have risen from his bed but for the
+restraint of his attendant. Struggling, he still pursued his singular
+fancy: "There, now, steady, Jinny,&mdash;steady, old girl. How dark it is!
+Look out for the ruts,&mdash;and look out for him, too, old gal. Sometimes,
+you know, when he's blind drunk, he drops down right in the trail. Keep
+on straight up to the pine on the top of the hill. Thar! I told you
+so!&mdash;thar he is,&mdash;coming this way, too,&mdash;all by himself, sober, and his
+face a-shining. Tennessee! Pardner!"
+</P>
+
+<P>
+And so they met.
+</P>
+
+<BR><BR><BR>
+
+<P>
+Here ends No. Three of the western classics, Being Tennessee's Partner
+by Bret Harte, the introduction by William Dallam Armes. The
+photogravure frontispiece by Albertine Randall Wheelan. Of this First
+Edition One Thousand Copies have been issued, printed upon Fabriano
+handmade paper. The typography designed by J. H. Nash. Published by Paul
+Elder and Company, and done into a book for them at the Tomoye Press,
+New York City, in the year Nineteen Hundred and Seven.
+</P>
+
+<BR><BR><BR><BR>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
+
+*** END OF THIS PROJECT GUTENBERG EBOOK TENNESSEE'S PARTNER ***
+
+***** This file should be named 4674-h.htm or 4674-h.zip *****
+This and all associated files of various formats will be found in:
+ https://www.gutenberg.org/4/6/7/4674/
+
+Produced by David Schwan
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diff --git a/4674.txt b/4674.txt
new file mode 100644
index 0000000..9bc3ea7
--- /dev/null
+++ b/4674.txt
@@ -0,0 +1,920 @@
+The Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
+
+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: Tennessee's Partner
+
+Author: Bret Harte
+
+Posting Date: August 24, 2009 [EBook #4674]
+Release Date: November, 2003
+First Posted: February 26, 2002
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TENNESSEE'S PARTNER ***
+
+
+
+
+Produced by David Schwan
+
+
+
+
+
+
+
+
+Western Classics No. Three
+
+
+
+Tennessee's Partner
+
+
+
+"Both were fearless types of a civilization that in the seventeenth
+century would have been called heroic, but in the nineteenth simply
+'reckless.'"
+
+
+
+Tennessee's Partner
+
+
+By
+
+Bret Harte,
+
+
+Including An Introduction By William Dallam Armes.
+
+
+
+
+The Introduction
+
+
+When Marshall's discovery caused a sudden influx of thousands of
+adventurers from all classes and almost all countries, the conditions of
+government in California were almost the worst possible. Though the
+Mexican system was unpopular and the Mexican law practically unknown,
+until other provision was made by congress, they had to continue in
+force. But the free and slave states were equal in number; California
+would turn the scale; there was a battle royal as to which pan should
+descend, a battle that the congresses of 1848 and 1849 left unsettled on
+adjourning.
+
+Under these circumstances, it might be supposed that the worst elements
+would get the upper hand, crime become common, and anarchy result.
+Precisely the opposite happened. The de facto government was accepted as
+a necessity, and under its direction "alcaldes" and "ayuntamientos" were
+elected. But the mining-camps, which were in a part of the country that
+had not been settled by the Mexicans and were occupied by men who knew
+nothing of their system or laws, were left to work out their own
+salvation. The preponderating element was the Anglo-Saxon, and its
+genius for law and order asserted itself. Each camp elected its own
+officers, recognized the customary laws and adopted special ones, and
+punished lawbreakers. Naturally theft was considered a more serious
+crime than it is in ordinary communities. As there were no jails or
+jailors, flogging and expulsion were the usual punishment, but in
+aggravated cases it was death. Even after the state government had been
+organized, indeed, the law for a short while permitted a jury to
+prescribe the death penalty for grand larceny, and, in fact, several
+notorious thieves were legally executed.
+
+The testimony of all observers is that the camps were surprisingly
+orderly, that crime was infrequent, and that its punishment, though
+swift and certain, leaned to mercy rather than rigor. Bayard Taylor, for
+example, who was in the mines in '50 and '51, writes: "In a region five
+hundred miles long, inhabited by a hundred thousand people, who had
+neither locks, bolts, regular laws of government, military or civil
+protection, there was as much security to life and property as in any
+state of the Union."
+
+As these "miners' courts" were allowed after the organization of the
+state to retain jurisdiction in all questions that concerned the
+appropriation of claims, the miners but slowly appreciated that they had
+been shorn of their criminal jurisdiction. But that they did come to
+recognize that "the old order changeth, yielding place to new," is, in
+fact, shown by the very incident on which Harte based his of a lynching.
+
+Spite of the autobiographic method that leads the casual reader to think
+that Harte was intimately connected with this early pioneer life and
+derived the material for his sketches from personal observation and
+experience, his is, in truth, only hearsay evidence. The heroic age was
+with Iram and all his rose ere he landed in 1854, a lad of eighteen.
+With no especial equipment for battling with the world, he had to turn
+his hand to many things, and naturally tried mining. But finding the
+returns incommensurate with the labor, he soon gave it up and sought
+more congenial occupations, mainly in the towns of the valleys and the
+seacoast. Before he was twenty-three, he had been school-teacher,
+express-messenger, deputy tax-collector, and druggist's assistant; and
+had risen from "printer's devil" to assistant editor of a country
+newspaper. In 1859 he was back in San Francisco, utilizing the trade he
+had picked up, as a compositor on The Golden Era. To this he contributed
+poems and local sketches that soon led to his appointment as assistant
+editor. His writings made him friends, one of whom, Thomas Starr King,
+in 1864, obtained for him the position of secretary to the
+superintendent of the Mint. His duties were not arduous, and his rooms
+became the resort of his literary associates and of men from "the
+diggings," whose mines, like the meadows of Concord, yielded a two-fold
+crop: gold-dust for the superintendent to turn into bullion, and stories
+for his young secretary later to turn into literature. By 1868 his
+reputation was so great that when Mr. A. Roman established The Overland
+Monthly, he was made its first editor.
+
+Mr. Roman impressed upon him the literary possibilities of the life of
+the miners, and furnished him with incidents, tales, and pictures. "The
+Luck of Roaring Camp," his first venture in this hitherto almost
+untouched field, proved that Bret Harte had come into his own. His local
+sketches and Mexican legends had been imitative of Irving, his stories
+of Dickens; but for this he had evolved a method and a style distinctly
+personal. His first success was followed up by "The Outcasts of Poker
+Flat" and (in October, 1869) by the tale here reprinted; and when, in
+1870, an Eastern house published his sketches in book form, his fame was
+secure. In 1871 he left California, and after a few years in the East
+that added little to his reputation as a writer, or as a man, secured a
+consulate in Germany. In 1878 he left America forever. Till his death in
+1902 he wrote on, frequently recurring to the claim where he first "got
+the color," but never equaling his work during the year and a half that
+he was editor of the Overland.
+
+In 1866 Harte heard, from one who had been present, the incident that
+inspired "Tennessee's Partner." Eleven years before, at Second Garrote,
+a newcomer had committed a capital crime. The miners organized a court,
+appointed counsel, and gave the miscreant a trial. He confessed his
+guilt, and the cry arose, "Hang him!"' But "Old Man Chaffee" stepped
+forward, drew a bag of gold-dust from his bosom, and said that he would
+give his "pile" rather than have a lynching occur in a camp that, spite
+its name, had never been so disgraced. He begged the crowd to turn the
+prisoner over to the authorities and let the law take its course. Such
+was the fervor of his appeal and so great were the respect and affection
+for the old man that his proposal was adopted with a cheer for the
+advocate of law and order, and the culprit taken to the jail at
+Columbia.
+
+Chaffee's partner, Chamberlain, seems to have had no part in this
+affair; but the two were united by a love like that of his partner for
+Tennessee. And long after the Second Garrote had become but a memory,
+the two octogenarians lived on in their little cabin, Chaffee seeking
+with primitive pick, shovel, and pan the more and more elusive gold, and
+Chamberlain contributing to the common purse by cultivating a small
+"ranch," the best crop of which was the campers who came to chat of
+bygone days with "the original of Tennessee's Partner." At last, in
+1903, their partnership of fifty-four years was ended by the death of
+Chaffee. Within eight weeks he was followed by Chamberlain. Their last
+days were made easy by the bounty of Professor W. E. Magee, of the State
+University, to whom I am indebted for the authority for some of these
+statements,--Chamberlain's journal.
+
+From this simple material the imagination of Bret Harte spun the
+characters, incidents, and motives that his genius wove into an
+exquisite fabric, an idyl of blind, unreasoning love of man for man. He
+was not writing history; and the complaint of those who were part of the
+life he depicted, that he misstated the facts, rests on the same failure
+to appreciate his purpose and method that leads Eastern and English
+critics to consider his realism reality and to mistake his
+verisimilitude for the truth itself. The fact is that Bret Harte was a
+consummate literary artist, who used facts with all an artist's freedom.
+His genius "imbalm'd and treasur'd up on purpose to a life beyond life,"
+however, many an actual incident that otherwise would lie buried 'neath
+the poppy that the iniquity of oblivion blindly scattereth.
+
+William Dallam Armes.
+
+
+
+
+Tennessee's Partner
+
+
+I do not think that we ever knew his real name. Our ignorance of it
+certainly never gave us any social inconvenience, for at Sandy Bar in
+1854 most men were christened anew. Sometimes these appellatives were
+derived from some distinctiveness of dress, as in the case of "Dungaree
+Jack"; or from some peculiarity of habit, as shown in "Saleratus Bill,"
+so called from an undue proportion of that chemical in his daily bread;
+or from some unlucky slip, as exhibited in "The Iron Pirate," a mild,
+inoffensive man, who earned that baleful title by his unfortunate
+mispronunciation of the term "iron pyrites." Perhaps this may have been
+the beginning of a rude heraldry; but I am constrained to think that it
+was because a man's real name in that day rested solely upon his own
+unsupported statement. "Call yourself Clifford, do you?" said Boston,
+addressing a timid newcomer with infinite scorn; "hell is full of such
+Cliffords!" He then introduced the unfortunate man, whose name happened
+to be really Clifford, as "Jaybird Charley,"--an unhallowed inspiration
+of the moment that clung to him ever after.
+
+But to return to Tennessee's Partner, whom we never knew by any other
+than this relative title; that he had ever existed as a separate and
+distinct individuality we only learned later. It seems that in 1853 he
+left Poker Flat to go to San Francisco, ostensibly to procure a wife. He
+never got any farther than Stockton. At that place he was attracted by a
+young person who waited upon the table at the hotel where he took his
+meals. One morning he said something to her which caused her to smile
+not unkindly, to somewhat coquettishly break a plate of toast over his
+upturned, serious, simple face, and to retreat to the kitchen. He
+followed her, and emerged a few moments later, covered with more toast
+and victory. That day week they were married by a Justice of the Peace,
+and returned to Poker Flat. I am aware that something more might be made
+of this episode, but I prefer to tell it as it was current at Sandy
+Bar,--in the gulches and barrooms,--where all sentiment was modified by a
+strong sense of humor.
+
+Of their married felicity but little is known, perhaps for the reason
+that Tennessee, then living with his partner, one day took occasion to
+say something to the bride on his own account, at which, it is said, she
+smiled not unkindly, and chastely retreated, this time as far as
+Marysville, where Tennessee followed her, and where they went to
+housekeeping without the aid of a Justice of the Peace. Tennessee's
+Partner took the loss of his wife simply and seriously, as was his
+fashion. But to everybody's surprise, when Tennessee one day returned
+from Marysville, without his partner's wife,--she having smiled and
+retreated with somebody else,--Tennessee's Partner was the first man to
+shake his hand and greet him with affection. The boys who had gathered
+in the canyon to see the shooting were naturally indignant. Their
+indignation might have found vent in sarcasm but for a certain look in
+Tennessee's Partner's eye that indicated a lack of humorous
+appreciation. In fact, he was a grave man, with a steady application to
+practical detail which was unpleasant in a difficulty.
+
+Meanwhile a popular feeling against Tennessee had grown up on the Bar.
+He was known to be a gambler; he was suspected to be a thief. In these
+suspicions Tennessee's Partner was equally compromised; his continued
+intimacy with Tennessee after the affair above quoted could only be
+accounted for on the hypothesis of a copartnership of crime. At last
+Tennessee's guilt became flagrant. One day he overtook a stranger on his
+way to Red Dog. The stranger afterward related that Tennessee beguiled
+the time with interesting anecdote and reminiscence, but illogically
+concluded the interview in the following words: "And now, young man,
+I'll trouble you for your knife, your pistols, and your money. You see
+your weppings might get you into trouble at Red Dog, and your money's a
+temptation to the evilly disposed. I think you said your address was San
+Francisco. I shall endeavor to call." It may be stated here that
+Tennessee had a fine flow of humor, which no business preoccupation
+could wholly subdue.
+
+This exploit was his last. Red Dog and Sandy Bar made common cause
+against the highwayman. Tennessee was hunted in very much the same
+fashion as his prototype, the grizzly. As the toils closed around him,
+he made a desperate dash through the Bar, emptying his revolver at the
+crowd before the Arcade Saloon, and so on up Grizzly Canyon; but at its
+farther extremity he was stopped by a small man on a gray horse. The men
+looked at each other a moment in silence. Both were fearless, both
+self-possessed and independent, and both types of a civilization that in
+the seventeenth century would have been called heroic, but in the
+nineteenth simply "reckless." "What have you got there?--I call," said
+Tennessee see, quietly. "Two bowers and an ace," said the stranger, as
+quietly, showing two revolvers and a bowie-knife. "That takes me,"
+returned Tennessee; and, with this gambler's epigram, he threw away his
+useless pistol, and rode back with his captor.
+
+It was a warm night. The cool breeze which usually sprang up with the
+going down of the sun behind the chaparral-crested mountain was that
+evening withheld from Sandy Bar. The little canyon was stifling with
+heated resinous odors, and the decaying driftwood on the Bar sent forth
+faint, sickening exhalations. The feverishness of day and its fierce
+passions still filled the camp. Lights moved restlessly along the bank
+of the river, striking no answering reflection from its tawny current.
+Against the blackness of the pines the windows of the old loft above the
+express-office stood out staringly bright; and through their curtainless
+panes, the loungers below could see the forms of those who were even
+then deciding the fate of Tennessee. And above all this, etched on the
+dark firmament, rose the Sierra, remote and passionless, crowned with
+remoter passionless stars.
+
+The trial of Tennessee was conducted as fairly as was consistent with a
+judge and jury who felt themselves to some extent obliged to justify, in
+their verdict, the previous irregularities of arrest and indictment. The
+law of Sandy Bar was implacable, but not vengeful. The excitement and
+personal feeling of the chase were over; with Tennessee safe in their
+hands they were ready to listen patiently to any defense, which they
+were already satisfied was insufficient. There being no doubt in their
+own minds, they were willing to give the prisoner the benefit of any
+that might exist. Secure in the hypothesis that he ought to be hanged,
+on general principles, they indulged him with more latitude of defense
+than his reckless hardihood seemed to ask. The Judge appeared to be more
+anxious than the prisoner, who, otherwise unconcerned, evidently took a
+grim pleasure in the responsibility he had created. "I don't take any
+hand in this yer game," had been his invariable but good-humored reply
+to all questions. The Judge--who was also his captor--for a moment
+vaguely regretted that he had not shot him "on sight," that morning, but
+presently dismissed this human weakness as unworthy of the judicial
+mind. Nevertheless, when there was a tap at the door, and it was said
+that Tennessee's Partner was there on behalf of the prisoner, he was
+admitted at once without question. Perhaps the younger members of the
+jury, to whom the proceedings were becoming irksomely thoughtful, hailed
+him as a relief.
+
+For he was not, certainly, an imposing figure. Short and stout, with a
+square face, sunburned into a preternatural redness, clad in a loose
+duck "jumper" and trousers streaked and splashed with red soil, his
+aspect under any circumstances would have been quaint, and was now even
+ridiculous. As he stooped to deposit at his feet a heavy carpet-bag he
+was carrying, it became obvious, from partially developed legends and
+inscriptions, that the material with which his trousers had been patched
+had been originally intended for a less ambitious covering. Yet he
+advanced with great gravity, and after shaking the hand of each person
+in the room with labored cordiality, he wiped his serious, perplexed
+face on a red bandanna handkerchief, a shade lighter than his
+complexion, laid his powerful hand upon the table to steady himself, and
+thus addressed the Judge:--"I was passin' by," he began, by way of
+apology, "and I thought I'd just step in and see how things was gittin'
+on with Tennessee thar,--my pardner. It's a hot night. I disremember
+any sich weather before on the Bar."
+
+He paused a moment, but nobody volunteering any other meteorological
+recollection, he again had recourse to his pocket-handkerchief, and for
+some moments mopped his face diligently.
+
+"Have you anything to say on behalf of the prisoner?"' said the Judge,
+finally.
+
+"Thet's it," said Tennessee's Partner, in a tone of relief. "I come yar
+as Tennessee's pardner, knowing him nigh on four year, off and on, wet
+and dry, in luck and out o' luck. His ways ain't allers my ways, but
+thar ain't any p'ints in that young man, thar ain't any liveliness as
+he's been up to, as I don't know. And you sez to me, sez
+you,--confidential-like, and between man and man,--sez you, 'Do you know
+anything in his behalf?' and I sez to you, sez I,--confidential-like,
+as between man and man,--'What should a man know of his pardner?'"
+
+"Is this all you have to say? asked the Judge impatiently, feeling,
+perhaps, that a dangerous sympathy of humor was beginning to humanize
+the court.
+
+"Thet's so," continued Tennessee's Partner. "It ain't for me to say
+anything agin' him. And now, what's the case? Here's Tennessee wants
+money, wants it bad, and doesn't like to ask it of his old pardner.
+Well, what does Tennessee do? He lays for a stranger, and he fetches
+that stranger; and you lays for him, and you fetches him; and the honors
+is easy. And I put it to you, bein' a far-minded man, and to you,
+gentlemen all, as far-minded men, ef this is isn't so."
+
+"Prisoner," said the Judge, interrupting, "have you any questions to ask
+this man?"
+
+"No! no!" continued Tennessee's Partner hastily. "I play this yer hand
+alone. To come down to the bedrock, it's just this: Tennessee, thar, has
+played it pretty rough and expensive-like on a stranger, and on this yer
+camp. And now, what's the fair thing? Some would say more; some would
+say less. Here's seventeen hundred dollars in coarse gold and a
+watch,--it's about all my pile,--and call it square!" And before a hand
+could be raised to prevent him, he had emptied the contents of the
+carpet-bag upon the table.
+
+For a moment his life was in jeopardy. One or two men sprang to their
+feet, several hands groped for hidden weapons, and a suggestion to
+"throw him from the window," was only overridden by a gesture from the
+Judge. Tennessee laughed. And apparently oblivious of the excitement,
+Tennessee's Partner improved the opportunity to mop his face again with
+his handkerchief.
+
+When order was restored, and the man was made to understand, by the use
+of forcible figures and rhetoric, that Tennessee's offense could not be
+condoned by money, his face took a more serious and sanguinary hue, and
+those who were nearest to him noticed that his rough hand trembled
+slightly on the table. He hesitated a moment as he slowly returned the
+gold to the carpetbag, as if he had not yet entirely caught the elevated
+sense of justice which swayed the tribunal, and was perplexed with the
+belief that he had not offered enough. Then he turned to the Judge, and
+saying, "This yer is a lone hand, played alone, and without my pardner,"
+he bowed to the jury and was about to withdraw, when the Judge called
+him back. "If you have anything to say to Tennessee, you had better say
+it now." For the first time that evening the eyes of the prisoner and
+his strange advocate met. Tennessee smiled, showed his white teeth, and
+saying, "Euchred, old man!" held out his hand. Tennessee's Partner took
+it in his own, and saying, "I just dropped in as I was passin' to see
+how things was gettin' on," let the hand passively fall, and adding that
+"it was a warm night," I again mopped his face with his handkerchief,
+and without another word withdrew.
+
+The two men never again met each other alive. For the unparalleled
+insult of a bribe offered to Judge Lynch--who, whether bigoted, weak,
+or narrow, was at least incorruptible--firmly fixed in the mind of that
+mythical personage any wavering determination of Tennessee's fate; and
+at the break of day he was marched, closely guarded, to meet it at the
+top of Marley's Hill.
+
+How he met it, how cool he was, how he refused to say anything, how
+perfect were the arrangements of the committee, were all duly reported,
+with the addition of a warning moral and example to all future
+evil-doers, in the Red Dog Clarion, by its editor, who was present, and
+to whose vigorous English I cheerfully refer the reader. But the beauty
+of that midsummer morning, the blessed amity of earth and air and sky,
+the awakened life of the free woods and hills, the joyous renewal and
+promise of Nature, and, above all, the infinite serenity that thrilled
+through each, was not reported, as not being a part of the social
+lesson. And yet, when the weak and foolish deed was done, and a life,
+with its possibilities and responsibilities, had passed out of the
+misshapen thing that dangled between earth and sky, the birds sang, the
+flowers bloomed, the sun shone, as cheerily as before; and possibly the
+Red Dog Clarion was right.
+
+Tennessee's Partner was not in the group that surrounded the ominous
+tree. But as they turned to disperse, attention was drawn to the
+singular appearance of a motionless donkey-cart halted at the side of
+the road. As they approached, they at once recognized the venerable
+Jenny and the two-wheeled cart as the property of Tennessee's
+Partner,--used by him in carrying dirt from his claim; and a few paces
+distant, the owner of the equipage himself, sitting under a buckeye tree,
+wiping the perspiration from his glowing face. In answer to an inquiry,
+he said he had come for the body of the "diseased," "if it was all the
+same to the committee." He didn't wish to "hurry anything"; he could
+wait. He was not working that day; and when the gentlemen were done with
+the "diseased" he would take him. "Ef thar is any present," he added, in
+his simple, serious way, "as would care to jine in the fun'l, they kin
+come." Perhaps it was from a sense of humor, which I have already
+intimated was a feature of Sandy Bar,--perhaps it was from something
+even better than that; but two-thirds of the loungers accepted the
+invitation at once.
+
+It was noon when the body of Tennessee was delivered into the hands of
+his partner. As the cart drew up to the fatal tree, we noticed that it
+contained a rough oblong box,--apparently made from a section of
+sluicing,--and half filled with bark and the tassels of pine. The cart
+was further decorated with slips of willow, and made fragrant with
+buckeye-blossoms. When the body was deposited in the box, Tennessee's
+Partner drew over it a piece of tarred canvas, and gravely mounting the
+narrow seat in front, with his feet upon the shafts, urged the little
+donkey forward. The equipage moved slowly on, at that decorous pace
+which was habitual with Jenny even under less solemn circumstances. The
+men--half curiously, have jestingly, but all good-humoredly--strolled
+along beside the cart; some in advance, some a little in the rear, of
+the homely catafalque. But, whether from the narrowing of the road or
+some present sense of decorum, as the cart passed on, the company fell
+to the rear in couples, keeping step, and otherwise assuming the
+external show of a formal procession. Jack Folinsbee, who had at the
+outset played a funeral march in dumb show upon an imaginary trombone,
+desisted, from a lack of sympathy and appreciation,--not having,
+perhaps, your true humorist's capacity to be content with the enjoyment
+of his own fun.
+
+The way led through Grizzly Canyon, by this time clothed in funereal
+drapery and shadows. The redwoods, burying their moccasined feet in the
+red soil, stood in Indian-file along the track, trailing an uncouth
+benediction from their bending boughs upon the passing bier. A hare,
+surprised into helpless inactivity, sat upright and pulsating in the
+ferns by the roadside, as the cortege went by. Squirrels hastened to
+gain a secure outlook from higher boughs; and the blue-jays, spreading
+their wings, fluttered before them like outriders, until the outskirts
+of Sandy Bar were reached, and the solitary cabin of Tennessee's
+Partner.
+
+Viewed under more favorable circumstances, it would not have been a
+cheerful place. The unpicturesque site, the rude and unlovely outlines,
+the unsavory details, which distinguish the nest-building of the
+California miner, were all here, with the dreariness of decay
+superadded. A few paces from the cabin there was a rough enclosure,
+which, in the brief days of Tennessee's Partner's matrimonial felicity,
+had been used as a garden, but was now overgrown with fern. As we
+approached it we were surprised to find that what we had taken for a
+recent attempt at cultivation was the broken soil about an open grave.
+
+The cart was halted before the enclosure; and rejecting the offers of
+assistance with the same air of simple self-reliance he had displayed
+throughout, Tennessee's Partner lifted the rough coffin on his back, and
+deposited it, unaided, within the shallow grave. He then nailed down the
+board which served as a lid, and, mounting the little mound of earth
+beside it, took off his hat, and slowly mopped his face with his
+handkerchief. This the crowd felt was a preliminary to speech; and they
+disposed themselves variously on stumps and boulders, and sat expectant.
+
+"When a man," began Tennessee's Partner slowly, "has been running free
+all day, what's the natural thing for him to do? Why, to come home. And
+if he ain't in a condition to go home, what can his best friend do? Why,
+bring him home! And here's Tennessee has been running free, and we
+brings him home from his wandering." He paused, and picked up a fragment
+of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't
+the first time that I've packed him on my back, as you see'd me now. It
+ain't the first time that I brought him to this yer cabin when he
+couldn't help himself; it ain't the first time that I and Jinny have
+waited for him on yon hill, and picked him up and so fetched him home,
+when he couldn't speak, and didn't know me. And now that it's the last
+time, why"--he paused, and rubbed the quartz gently on his sleeve--"you
+see it's sort of rough on his pardner. And now, gentlemen," he added
+abruptly, picking up his long handled shovel, "the fun'l's over; and my
+thanks, and Tennessee's thanks, to you for your trouble."
+
+Resisting any proffers of assistance, he began to fill in the grave,
+turning his back upon the crowd, that, after a few moments' hesitation,
+gradually withdrew. As they crossed the little ridge that hid Sandy Bar
+from view, some, looking back, thought they could see Tennessee's
+Partner, his work done, sitting upon the grave, his shovel between his
+knees, and his face buried in his red bandanna handkerchief. But it was
+argued by others that you couldn't tell his face from his handkerchief
+at that distance; and this point remained undecided.
+
+In the reaction that followed the feverish excitement of that day,
+Tennessee's Partner was not forgotten. A secret investigation had
+cleared him of any complicity in Tennessee's guilt, and left only a
+suspicion of his general sanity. Sandy Bar made a point of calling on
+him, and proffering various uncouth but well-meant kindnesses. But from
+that day his rude health and great strength seemed visibly to decline;
+and when the rainy season fairly set in, and the tiny grass-blades were
+beginning to peep from the rocky mound above Tennessee's grave, he took
+to his bed.
+
+One night, when the pines beside the cabin were swaying in the storm,
+and trailing their slender fingers over the roof, and the roar and rush
+of the swollen river were heard below, Tennessee's Partner lifted his
+head from the Pillow, saying, "It is time to go for Tennessee; I must
+put Jinny in the cart;" and would have risen from his bed but for the
+restraint of his attendant. Struggling, he still pursued his singular
+fancy: "There, now, steady, Jinny,--steady, old girl. How dark it is!
+Look out for the ruts,--and look out for him, too, old gal. Sometimes,
+you know, when he's blind drunk, he drops down right in the trail. Keep
+on straight up to the pine on the top of the hill. Thar! I told you
+so!--thar he is,--coming this way, too,--all by himself, sober, and his
+face a-shining. Tennessee! Pardner!"
+
+And so they met.
+
+
+
+Here ends No. Three of the western classics, Being Tennessee's Partner
+by Bret Harte, the introduction by William Dallam Armes. The
+photogravure frontispiece by Albertine Randall Wheelan. Of this First
+Edition One Thousand Copies have been issued, printed upon Fabriano
+handmade paper. The typography designed by J. H. Nash. Published by Paul
+Elder and Company, and done into a book for them at the Tomoye Press,
+New York City, in the year Nineteen Hundred and Seven.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Tennessee's Partner, by Bret Harte
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+The Project Gutenberg Etext of Tennessee's Partner
+by Bret Harte
+(#50 in our series by Bret Harte)
+
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+
+Title: Tennessee's Partner
+
+Author: Bret Harte
+
+Release Date: November, 2003 [Etext #4674]
+[Yes, we are more than one year ahead of schedule]
+[This file was first posted on February 26, 2002]
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+Edition: 10
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+Language: English
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+Character set encoding: ASCII
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+The Project Gutenberg Etext of Tennessee's Partner
+by Bret Harte
+******This file should be named tennp10.txt or tennp10.zip******
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+
+Western Classics No. Three
+
+
+
+Tennessee's Partner
+
+
+
+"Both were fearless types of a civilization that in the seventeenth
+century would have been called heroic, but in the nineteenth simply
+'reckless.'"
+
+
+
+Tennessee's Partner By Bret Harte, Including An Introduction By William
+Dallam Armes.
+
+
+
+
+
+The Introduction
+
+
+
+When Marshall's discovery caused a sudden influx of thousands of
+adventurers from all classes and almost all countries, the conditions of
+government in California were almost the worst possible. Though the
+Mexican system was unpopular and the Mexican law practically unknown,
+until other provision was made by congress, they had to continue in
+force. But the free and slave states were equal in number; California
+would turn the scale; there was a battle royal as to which pan should
+descend, a battle that the congresses of 1848 and 1849 left unsettled on
+adjourning.
+
+Under these circumstances, it might be supposed that the worst elements
+would get the upper hand, crime become common, and anarchy result.
+Precisely the opposite happened. The de facto government was accepted as
+a necessity, and under its direction "alcaldes" and "ayuntamientos" were
+elected. But the mining-camps, which were in a part of the country that
+had not been settled by the Mexicans and were occupied by men who knew
+nothing of their system or laws, were left to work out their own
+salvation. The preponderating element was the Anglo-Saxon, and its
+genius for law and order asserted itself. Each camp elected its own
+officers, recognized the customary laws and adopted special ones, and
+punished lawbreakers. Naturally theft was considered a more serious
+crime than it is in ordinary communities. As there were no jails or
+jailors, flogging and expulsion were the usual punishment, but in
+aggravated cases it was death. Even after the state government had been
+organized, indeed, the law for a short while permitted a jury to
+prescribe the death penalty for grand larceny, and, in fact, several
+notorious thieves were legally executed.
+
+The testimony of all observers is that the camps were surprisingly
+orderly, that crime was infrequent, and that its punishment, though
+swift and certain, leaned to mercy rather than rigor. Bayard Taylor, for
+example, who was in the mines in '50 and '51, writes: "In a region five
+hundred miles long, inhabited by a hundred thousand people, who had
+neither locks, bolts, regular laws of government, military or civil
+protection, there was as much security to life and property as in any
+state of the Union."
+
+As these "miners' courts" were allowed after the organization of the
+state to retain jurisdiction in all questions that concerned the
+appropriation of claims,the miners but slowly appreciated that they had
+been shorn of their criminal jurisdiction. But that they did come to
+recognize that "the old order changeth, yielding place to new," is, in
+fact, shown by the very incident on which Harte based his of a lynching.
+
+Spite of the autobiographic method that leads the casual reader to think
+that Harte was intimately connected with this early pioneer life and
+derived the material for his sketches from personal observation and
+experience, his is, in truth, only hearsay evidence. The heroic age was
+with Iram and all his rose ere he landed in 1854, a lad of eighteen.
+With no especial equipment for battling with the world, he had to turn
+his hand to many things, and naturally tried mining. But finding the
+returns incommensurate with the labor, he soon gave it up and sought
+more congenial occupations, mainly in the towns of the valleys and the
+seacoast. Before he was twenty-three, he had been school-teacher,
+express-messenger, deputy tax-collector, and druggist's assistant; and
+had risen from "printer's devil" to assistant editor of a country
+newspaper. In 1859 he was back in San Francisco, utilizing the trade he
+had picked up, as a compositor on The Golden Era. To this he contributed
+poems and local sketches that soon led to his appointment as assistant
+editor. His writings made him friends, one of whom, Thomas Starr King,
+in 1864, obtained for him the position of secretary to the
+superintendent of the Mint. His duties were not arduous, and his rooms
+became the resort of his literary associates and of men from "the
+diggings," whose mines, like the meadows of Concord, yielded a two-fold
+crop: gold-dust for the superintendent to turn into bullion, and stories
+for his young secretary later to turn into literature. By 1868 his
+reputation was so great that when Mr. A. Roman established The Overland
+Monthly, he was made its first editor.
+
+Mr. Roman impressed upon him the literary possibilities of the life of
+the miners, and furnished him with incidents, tales, and pictures. "The
+Luck of Roaring Camp," his first venture in this hitherto almost
+untouched field, proved that Bret Harte had come into his own. His local
+sketches and Mexican legends had been imitative of Irving, his stories
+of Dickens; but for this he had evolved a method and a style distinctly
+personal. His first success was followed up by "The Outcasts of Poker
+Flat" and (in October, 1869) by the tale here reprinted; and when, in
+1870, an Eastern house published his sketches in book form, his fame was
+secure. In 1871 he left California, and after a few years in the East
+that added little to his reputation as a writer, or as a man, secured a
+consulate in Germany. In 1878 he left America forever. Till his death in
+1902 he wrote on, frequently recurring to the claim where he first "got
+the color," but never equaling his work during the year and a half that
+he was editor of the Overland.
+
+In 1866 Harte heard, from one who had been present, the incident that
+inspired "Tennessee's Partner." Eleven years before, at Second Garrote,
+a newcomer had committed a capital crime. The miners organized a court,
+appointed counsel, and gave the miscreant a trial. He confessed his
+guilt, and the cry arose, "Hang him!"' But "Old Man Chaffee" stepped
+forward, drew a bag of gold-dust from his bosom, and said that he would
+give his "pile" rather than have a lynching occur in a camp that, spite
+its name, had never been so disgraced. He begged the crowd to turn the
+prisoner over to the authorities and let the law take its course. Such
+was the fervor of his appeal and so great were the respect and affection
+for the old man that his proposal was adopted with a cheer for the
+advocate of law and order, and the culprit taken to the jail at
+Columbia.
+
+Chaffee's partner, Chamberlain, seems to have had no part in this
+affair; but the two were united by a love like that of his partner for
+Tennessee. And long after the Second Garrote had become but a memory,
+the two octogenarians lived on in their little cabin, Chaffee seeking
+with primitive pick, shovel, and pan the more and more elusive gold, and
+Chamberlain contributing to the common purse by cultivating a small
+"ranch," the best crop of which was the campers who came to chat of
+bygone days with "the original of Tennessee's Partner." At last, in
+1903, their partnership of fifty-four years was ended by the death of
+Chaffee. Within eight weeks he was followed by Chamberlain. Their last
+days were made easy by the bounty of Professor W. E. Magee, of the State
+University, to whom I am indebted for the authority for some of these
+statements, - Chamberlain's journal.
+
+From this simple material the imagination of Bret Harte spun the
+characters, incidents, and motives that his genius wove into an
+exquisite fabric, an idyl of blind, unreasoning love of man for man. He
+was not writing history; and the complaint of those who were part of the
+life he depicted, that he misstated the facts, rests on the same failure
+to appreciate his purpose and method that leads Eastern and English
+critics to consider his realism reality and to mistake his
+verisimilitude for the truth itself. The fact is that Bret Harte was a
+consummate literary artist, who used facts with all an artist's freedom.
+His genius "imbalm'd and treasur'd up on purpose to a life beyond life,"
+however, many an actual incident that otherwise would lie buried 'neath
+the poppy that the iniquity of oblivion blindly scattereth.
+
+William Dallam Armes.
+
+
+
+Tennessee's Partner
+
+
+
+I do not think that we ever knew his real name. Our ignorance of it
+certainly never gave us any social inconvenience, for at Sandy Bar in
+1854 most men were christened anew. Sometimes these appellatives were
+derived from some distinctiveness of dress, as in the case of "Dungaree
+Jack"; or from some peculiarity of habit, as shown in "Saleratus Bill,"
+so called from an undue proportion of that chemical in his daily bread;
+or from some unlucky slip, as exhibited in "The Iron Pirate," a mild,
+inoffensive man, who earned that baleful title by his unfortunate
+mispronunciation of the term "iron pyrites." Perhaps this may have been
+the beginning of a rude heraldry; but I am constrained to think that it
+was because a man's real name in that day rested solely upon his own
+unsupported statement. "Call yourself Clifford, do you?" said Boston,
+addressing a timid newcomer with infinite scorn; "hell is full of such
+Cliffords! "He then introduced the unfortunate man, whose name happened
+to be really Clifford, as "Jaybird Charley," - an unhallowed
+inspiration of the moment that clung to him ever after.
+
+But to return to Tennessee's Partner, whom we never knew by any other
+than this relative title; that he had ever existed as a separate and
+distinct individuality we only learned later. It seems that in 1853 he
+left Poker Flat to go to San Francisco, ostensibly to procure a wife. He
+never got any farther than Stockton. At that place he was attracted by a
+young person who waited upon the table at the hotel where he took his
+meals. One morning he said something to her which caused her to smile
+not unkindly, to somewhat coquettishly break a plate of toast over his
+upturned, serious, simple face, and to retreat to the kitchen. He
+followed her, and emerged a few moments later, covered with more toast
+and victory. That day week they were married by a Justice of the Peace,
+and returned to Poker Flat. I am aware that something more might be made
+of this episode, but I prefer to tell it as it was current at Sandy Bar,
+- in the gulches and barrooms, - where all sentiment was modified by a
+strong sense of humor.
+
+Of their married felicity but little is known, perhaps for the reason
+that Tennessee, then living with his partner, one day took occasion to
+say something to the bride on his own account, at which, it is said, she
+smiled not unkindly, and chastely retreated, this time as far as
+Marysville, where Tennessee followed her, and where they went to
+housekeeping without the aid of a Justice of the Peace. Tennessee's
+Partner took the loss of his wife simply and seriously, as was his
+fashion. But to everybody's surprise, when Tennessee one day returned
+from Marysville, without his partner's wife, - she having smiled and
+retreated with somebody else, - Tennessee's Partner was the first man to
+shake his hand and greet him with affection. The boys who had gathered
+in the cañon to see the shooting were naturally indignant. Their
+indignation might have found vent in sarcasm but for a certain look in
+Tennessee's Partner's eye that indicated a lack of humorous
+appreciation. In fact, he was a grave man, with a steady application to
+practical detail which was unpleasant in a difficulty.
+
+Meanwhile a popular feeling against Tennessee had grown up on the Bar.
+He was known to be a gambler; he was suspected to be a thief. In these
+suspicions Tennessee's Partner was equally compromised; his continued
+intimacy with Tennessee after the affair above quoted could only be
+accounted for on the hypothesis of a copartnership of crime. At last
+Tennessee's guilt became flagrant. One day he overtook a stranger on his
+way to Red Dog. The stranger afterward related that Tennessee beguiled
+the time with interesting anecdote and reminiscence, but illogically
+concluded the interview in the following words: "And now, young man,
+I'll trouble you for your knife, your pistols, and your money. You see
+your weppings might get you into trouble at Red Dog, and your money's a
+temptation to the evilly disposed. I think you said your address was San
+Francisco. I shall endeavor to call." It may be stated here that
+Tennessee had a fine flow of humor, which no business preoccupation
+could wholly subdue.
+
+This exploit was his last. Red Dog and Sandy Bar made common cause
+against the highwayman. Tennessee was hunted in very much the same
+fashion as his prototype, the grizzly. As the toils closed around him,
+he made a desperate dash through the Bar, emptying his revolver at the
+crowd before the Arcade Saloon, and so on up Grizzly Cañon; but at its
+farther extremity he was stopped by a small man on a gray horse. The men
+looked at each other a moment in silence. Both were fearless, both
+self-possessed and independent, and both types of a civilization that in
+the seventeenth century would have been called heroic, but in the
+nineteenth simply "reckless." "What have you got there? - I call," said
+Tennessee see, quietly. "Two bowers and an ace," said the stranger, as
+quietly, showing two revolvers and a bowie-knife. "That takes me,"
+returned Tennessee; and, with this gambler's epigram, he threw away his
+useless pistol, and rode back with his captor.
+
+It was a warm night. The cool breeze which usually sprang up with the
+going down of the sun behind the chaparral-crested mountain was that
+evening withheld from Sandy Bar. The little cañon was stifling with
+heated resinous odors, and the decaying driftwood on the Bar sent forth
+faint, sickening exhalations. The feverishness of day and its fierce
+passions still filled the camp. Lights moved restlessly along the bank
+of the river, striking no answering reflection from its tawny current.
+Against the blackness of the pines the windows of the old loft above the
+express-office stood out staringly bright; and through their curtainless
+panes, the loungers below could see the forms of those who were even
+then deciding the fate of Tennessee. And above all this, etched on the
+dark firmament, rose the Sierra, remote and passionless, crowned with
+remoter passionless stars.
+
+The trial of Tennessee was conducted as fairly as was consistent with a
+judge and jury who felt themselves to some extent obliged to justify, in
+their verdict, the previous irregularities of arrest and indictment. The
+law of Sandy Bar was implacable, but not vengeful. The excitement and
+personal feeling of the chase were over; with Tennessee safe in their
+hands they were ready to listen patiently to any defense, which they
+were already satisfied was insufficient. There being no doubt in their
+own minds, they were willing to give the prisoner the benefit of any
+that might exist. Secure in the hypothesis that he ought to be hanged,
+on general principles, they indulged him with more latitude of defense
+than his reckless hardihood seemed to ask. The Judge appeared to be more
+anxious than the prisoner, who, otherwise unconcerned, evidently took a
+grim pleasure in the responsibility he had created. "I don't take any
+hand in this yer game," had been his invariable but good-humored reply
+to all questions. The Judge - who was also his captor - for a moment
+vaguely regretted that he had not shot him "on sight," that morning, but
+presently dismissed this human weakness as unworthy of the judicial
+mind. Nevertheless, when there was a tap at the door, and it was said
+that Tennessee's Partner was there on behalf of the prisoner, he was
+admitted at once without question. Perhaps the younger members of the
+jury, to whom the proceedings were becoming irksomely thoughtful, hailed
+him as a relief.
+
+For he was not, certainly, an imposing figure. Short and stout, with a
+square face, sunburned into a preternatural redness, clad in a loose
+duck "jumper" and trousers streaked and splashed with red soil, his
+aspect under any circumstances would have been quaint, and was now even
+ridiculous. As he stooped to deposit at his feet a heavy carpet-bag he
+was carrying, it became obvious, from partially developed legends and
+inscriptions, that the material with which his trousers had been patched
+had been originally intended for a less ambitious covering. Yet he
+advanced with great gravity, and after shaking the hand of each person
+in the room with labored cordiality, he wiped his serious, perplexed
+face on a red bandanna handkerchief, a shade lighter than his
+complexion, laid his powerful hand upon the table to steady himself, and
+thus addressed the Judge: - "I was passin' by," he began, by way of
+apology, "and I thought I'd just step in and see how things was gittin'
+on with Tennessee thar, - my pardner. It's a hot night. I disremember
+any sich weather before on the Bar."
+
+He paused a moment, but nobody volunteering any other meteorological
+recollection, he again had recourse to his pocket-handkerchief, and for
+some moments mopped his face diligently.
+
+"Have you anything to say on behalf of the prisoner?"' said the Judge,
+finally.
+
+"Thet's it," said Tennessee's Partner, in a tone of relief. "I come yar
+as Tennessee's pardner, knowing him nigh on four year, off and on, wet
+and dry, in luck and out o' luck. His ways ain't allers my ways, but
+thar ain't any p'ints in that young man, thar ain't any liveliness as
+he's been up to, as I don't know. And you sez to me, sez you, -
+confidential-like, and between man and man, - sez you, 'Do you know
+anything in his behalf?' and I sez to you, sez I, - confidential-like,
+as between man and man, - 'What should a man know of his pardner?'"
+
+"Is this all you have to say? asked the Judge impatiently, feeling,
+perhaps, that a dangerous sympathy of humor was beginning to humanize
+the court.
+
+"Thet's so," continued Tennessee's Partner. "It ain't for me to say
+anything agin' him. And now, what's the case? Here's Tennessee wants
+money, wants it bad, and doesn't like to ask it of his old pardner.
+Well, what does Tennessee do? He lays for a stranger, and he fetches
+that stranger; and you lays for him, and you fetches him; and the honors
+is easy. And I put it to you, bein' a far-minded man, and to you,
+gentlemen all, as far-minded men, ef this is isn't so."
+
+"Prisoner," said the Judge, interrupting, "have you any questions to ask
+this man?"
+
+"No! no!" continued Tennessee's Partner hastily. "I play this yer hand
+alone. To come down to the bedrock, it's just this: Tennessee, thar, has
+played it pretty rough and expensive-like on a stranger, and on this yer
+camp. And now, what's the fair thing? Some would say more; some would
+say less. Here's seventeen hundred dollars in coarse gold and a watch, -
+it's about all my pile, - and call it square!" And before a hand could
+be raised to prevent him, he had emptied the contents of the carpet-bag
+upon the table.
+
+For a moment his life was in jeopardy. One or two men sprang to their
+feet, several hands groped for hidden weapons, and a suggestion to
+"throw him from the window," was only overridden by a gesture from the
+Judge. Tennessee laughed. And apparently oblivious of the excitement,
+Tennessee's Partner improved the opportunity to mop his face again with
+his handkerchief.
+
+When order was restored, and the man was made to understand, by the use
+of forcible figures and rhetoric, that Tennessee's offense could not be
+condoned by money, his face took a more serious and sanguinary hue, and
+those who were nearest to him noticed that his rough hand trembled
+slightly on the table. He hesitated a moment as he slowly returned the
+gold to the carpetbag, as if he had not yet entirely caught the elevated
+sense of justice which swayed the tribunal, and was perplexed with the
+belief that he had not offered enough. Then he turned to the Judge, and
+saying, "This yer is a lone hand, played alone, and without my pardner,"
+he bowed to the jury and was about to withdraw, when the Judge called
+him back. "If you have anything to say to Tennessee, you had better say
+it now." For the first time that evening the eyes of the prisoner and
+his strange advocate met. Tennessee smiled, showed his white teeth, and
+saying, "Euchred, old man!" held out his hand. Tennessee's Partner took
+it in his own, and saying, "I just dropped in as I was passin' to see
+how things was gettin' on," let the hand passively fall, and adding that
+"it was a warm night," I again mopped his face with his handkerchief,
+and without another word withdrew.
+
+The two men never again met each other alive. For the unparalleled
+insult of a bribe offered to Judge Lynch - who, whether bigoted, weak,
+or narrow, was at least incorruptible - firmly fixed in the mind of that
+mythical personage any wavering determination of Tennessee's fate; and
+at the break of day he was marched, closely guarded, to meet it at the
+top of Marley's Hill.
+
+How he met it, how cool he was, how he refused to say anything, how
+perfect were the arrangements of the committee, were all duly reported,
+with the addition of a warning moral and example to all future
+evil-doers, in the Red Dog Clarion, by its editor, who was present, and
+to whose vigorous English I cheerfully refer the reader. But the beauty
+of that midsummer morning, the blessed amity of earth and air and sky,
+the awakened life of the free woods and hills, the joyous renewal and
+promise of Nature, and, above all, the infinite serenity that thrilled
+through each, was not reported, as not being a part of the social
+lesson. And yet, when the weak and foolish deed was done, and a life,
+with its possibilities and responsibilities, had passed out of the
+misshapen thing that dangled between earth and sky, the birds sang, the
+flowers bloomed, the sun shone, as cheerily as before; and possibly the
+Red Dog Clarion was right.
+
+Tennessee's Partner was not in the group that surrounded the ominous
+tree. But as they turned to disperse, attention was drawn to the
+singular appearance of a motionless donkey-cart halted at the side of
+the road. As they approached, they at once recognized the venerable
+Jenny and the two-wheeled cart as the property of Tennessee's Partner, -
+used by him in carrying dirt from his claim; and a few paces distant,
+the owner of the equipage himself, sitting under a buckeye tree, wiping
+the perspiration from his glowing face. In answer to an inquiry, he said
+he had come for the body of the "diseased," "if it was all the same to
+the committee." He didn't wish to "hurry anything"; he could wait. He
+was not working that day; and when the gentlemen were done with the
+"diseased" he would take him. "Ef thar is any present," he added, in his
+simple, serious way, "as would care to jine in the fun'l, they kin
+come." Perhaps it was from a sense of humor, which I have already
+intimated was a feature of Sandy Bar, - perhaps it was from something
+even better than that; but two-thirds of the loungers accepted the
+invitation at once.
+
+It was noon when the body of Tennessee was delivered into the hands of
+his partner. As the cart drew up to the fatal tree, we noticed that it
+contained a rough oblong box, - apparently made from a section of
+sluicing, - and half filled with bark and the tassels of pine. The cart
+was further decorated with slips of willow, and made fragrant with
+buckeye-blossoms. When the body was deposited in the box, Tennessee's
+Partner drew over it a piece of tarred canvas, and gravely mounting the
+narrow seat in front, with his feet upon the shafts, urged the little
+donkey forward. The equipage moved slowly on, at that decorous pace
+which was habitual with Jenny even under less solemn circumstances. The
+men - half curiously, have jestingly, but all good-humoredly - strolled
+along beside the cart; some in advance, some a little in the rear, of
+the homely catafalque. But, whether from the narrowing of the road or
+some present sense of decorum, as the cart passed on, the company fell
+to the rear in couples, keeping step, and otherwise assuming the
+external show of a formal procession. Jack Folinsbee, who had at the
+outset played a funeral march in dumb show upon an imaginary trombone,
+desisted, from a lack of sympathy and appreciation, - not having,
+perhaps, your true humorist's capacity to be content with the enjoyment
+of his own fun.
+
+The way led through Grizzly Cañon, by this time clothed in funereal
+drapery and shadows. The redwoods, burying their moccasined feet in the
+red soil, stood in Indian-file along the track, trailing an uncouth
+benediction from their bending boughs upon the passing bier. A hare,
+surprised into helpless inactivity, sat upright and pulsating in the
+ferns by the roadside, as the cortège went by. Squirrels hastened to
+gain a secure outlook from higher boughs; and the blue-jays, spreading
+their wings, fluttered before them like outriders, until the outskirts
+of Sandy Bar were reached, and the solitary cabin of Tennessee's
+Partner.
+
+Viewed under more favorable circumstances, it would not have been a
+cheerful place. The unpicturesque site, the rude and unlovely outlines,
+the unsavory details, which distinguish the nest-building of the
+California miner, were all here, with the dreariness of decay
+superadded. A few paces from the cabin there was a rough enclosure,
+which, in the brief days of Tennessee's Partner's matrimonial felicity,
+had been used as a garden, but was now overgrown with fern. As we
+approached it we were surprised to find that what we had taken for a
+recent attempt at cultivation was the broken soil about an open grave.
+
+The cart was halted before the enclosure; and rejecting the offers of
+assistance with the same air of simple self-reliance he had displayed
+throughout, Tennessee's Partner lifted the rough coffin on his back, and
+deposited it, unaided, within the shallow grave. He then nailed down the
+board which served as a lid, and, mounting the little mound of earth
+beside it, took off his hat, and slowly mopped his face with his
+handkerchief. This the crowd felt was a preliminary to speech; and they
+disposed themselves variously on stumps and boulders, and sat expectant.
+
+"When a man," began Tennessee's Partner slowly, "has been running free
+all day, what's the natural thing for him to do? Why, to come home. And
+if he ain't in a condition to go home, what can his best friend do? Why,
+bring him home! And here's Tennessee has been running free, and we
+brings him home from his wandering." He paused, and picked up a fragment
+of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't
+the first time that I've packed him on my back, as you see'd me now. It
+ain't the first time that I brought him to this yer cabin when he
+couldn't help himself; it ain't the first time that I and Jinny have
+waited for him on yon hill, and picked him up and so fetched him home,
+when he couldn't speak, and didn't know me. And now that it's the last
+time, why "- he paused, and rubbed the quartz gently on his sleeve -
+"you see it's sort of rough on his pardner. And now, gentlemen," he added
+abruptly, picking up his long handled shovel, "the fun'l's over; and my
+thanks, and Tennessee's thanks, to you for your trouble."
+
+Resisting any proffers of assistance, he began to fill in the grave,
+turning his back upon the crowd, that, after a few moments' hesitation,
+gradually withdrew. As they crossed the little ridge that hid Sandy Bar
+from view, some, looking back, thought they could see Tennessee's
+Partner, his work done, sitting upon the grave, his shovel between his
+knees, and his face buried in his red bandanna handkerchief. But it was
+argued by others that you couldn't tell his face from his handkerchief
+at that distance; and this point remained undecided.
+
+In the reaction that followed the feverish excitement of that day,
+Tennessee's Partner was not forgotten. A secret investigation had
+cleared him of any complicity in Tennessee's guilt, and left only a
+suspicion of his general sanity. Sandy Bar made a point of calling on
+him, and proffering various uncouth but well-meant kindnesses. But from
+that day his rude health and great strength seemed visibly to decline;
+and when the rainy season fairly set in, and the tiny grass-blades were
+beginning to peep from the rocky mound above Tennessee's grave, he took
+to his bed.
+
+One night, when the pines beside the cabin were swaying in the storm,
+and trailing their slender fingers over the roof, and the roar and rush
+of the swollen river were heard below, Tennessee's Partner lifted his
+head from the Pillow, saying, "It is time to go for Tennessee; I must
+put Jinny in the cart;" and would have risen from his bed but for the
+restraint of his attendant. Struggling, he still pursued his singular
+fancy: "There, now, steady, Jinny, - steady, old girl. How dark it is!
+Look out for the ruts, - and look out for him, too, old gal. Sometimes,
+you know, when he's blind drunk, he drops down right in the trail. Keep
+on straight up to the pine on the top of the hill. Thar! I told you so!
+- thar he is, - coming this way, too, - all by himself, sober, and his
+face a-shining. Tennessee! Pardner!"
+
+And so they met.
+
+
+
+Here ends No. Three of the western classics. Being Tennessee's Partner
+by Bret Harte, the introduction by William Dallam Armes. The
+photogravure frontispiece by Albertine Randall Wheelan. Of this First
+Edition One Thousand Copies have been issued, printed upon Fabriano
+handmade paper. The typography designed by J. H. Nash. Published by Paul
+Elder and Company, and done into a book for them at the Tomoye Press,
+New York City, in the year Nineteen Hundred and Seven
+
+The Project Gutenberg Etext of Tennessee's Partner
+by Bret Harte
+******This file should be named tennp10.txt or tennp10.zip******
+
+Corrected EDITIONS of our etexts get a new NUMBER, tennp11.txt
+VERSIONS based on separate sources get new LETTER, tennp10a.txt
+
+This etext was produced by David Schwan <davidsch@earthlink.net>.
+
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