LLOYD TOMLINSON was a Virginia gentleman
of the old school, and held high notions on the kindred
subjects of social rank and family distinctions.
His ancestors were connected with English families
of some renown, and had figured in history as Cavaliers,
during the troublesome times of Charles I. Portraits
of the most noted of these were hung upon the walls
in Mr. Tomlinson’s fine old mansion, and it
was with pride that he often referred to them and related
the story of each. But such stories were generally
wound up by an expression of regret for the sad deteriorations
that were going on in this country.
“A man like that,” he
would sometimes say, pointing to the picture of a
stern old Cavalier, “is rarely, if ever, met
with, and in a little while there will be no living
representative of such—at least not in
America, where all social distinctions are rapidly
disappearing. In fact, we have scarcely any thing
left, even now, but the shadow of a true aristocracy,
and that is only to be found in Virginia. At
the North, mere wealth makes a man a gentleman; and
this new invention of these degenerate times is fast
being adopted even here in the ‘Old Dominion.’
But it won’t do—unless a man is born
and bred a gentleman, he never can become one.”
It was no use to argue with the rigid
old Virginian about the aristocracy of virtue, or
the aristocracy of mind; he scouted at the idea, and
reiterated, with added emphasis, that only he who was
born of gentle blood could be a gentleman.
The family of Mr. Tomlinson, which
had consisted of his wife, two sons, and two daughters,
was, at the time our story opens, composed of only
two members, himself and his youngest child, Edith,
now in her nineteenth year. Death had taken all
but one.
Edith, though born and bred a lady,
her father observed, with pain, did not set a high
value upon the distinction, and at last actually refused
to receive the addresses of a young man who came of
pure old English blood, and was a thorough gentleman
in the eyes of Mr. Tomlinson, because she liked neither
his principles, habits, nor general character, while
she looked with favour upon the advances of a young
attorney, named Denton, whose father, a small farmer
in Essex county, had nothing higher than honesty and
manly independence of which to boast.
The young gentleman of pure blood
was named Allison. He was the last representative
of an old family, and had come into possession, on
attaining his majority, of a large landed estate immediately
adjoining that owned by Mr. Tomlinson. The refusal
of Edith to receive his addresses aroused in him an
unhappy spirit, which he cherished until it inspired
him with thoughts of retaliation. The means were
in his hands. There existed an old, but not legally
adjusted question, about the title to a thousand acres
of land lying between the estates of Mr. Tomlinson
and Mr. Allison, which had, more than fifty years
before, been settled by the principal parties thereto
on the basis of a fair division, without the delay,
vexation, expense, and bitterness of a prolonged lawsuit.
By this division, the father of Mr. Tomlinson retained
possession of five hundred acres, and the grandfather
of Mr. Allison of the other five hundred. The
former had greatly improved the portion into the full
possession of which he had come, as it was by far the
most beautiful and fertile part of his estate.
His old residence was torn down, and a splendid mansion
erected on a commanding eminence within the limits
of this old disputed land, at a cost of nearly eighty
thousand dollars, and the whole of the five hundred
acres gradually brought into a high state of cultivation.
To meet the heavy outlay for all this, other and less
desirable portions of the estate were sold, until,
finally, only about three hundred acres of the original
Tomlinson property remained.
Mr. Lloyd Tomlinson, as he advanced
in years, and felt the paralyzing effects of the severe
afflictions he had suffered, lost much of the energy
he had possessed in his younger days. There was
a gradual diminution in the number of hogsheads of
tobacco and bushels of corn and wheat that went into
Richmond from his plantation annually; and there was
also a steady decrease in the slave population with
which he was immediately surrounded. From a hundred
and fifty, his slaves had decreased, until he only
owned thirty, and with them did little more than make
his yearly expenses. Field after field had been
abandoned, and left to a fertile undergrowth of pines
or scrubby oaks, until there were few signs of cultivation,
except within the limits of two or three hundred acres
of the rich lands contiguous to his dwelling.
Henry Denton, the young attorney to
whom allusion has been made, had become deeply enamoured
with Edith Tomlinson, who was often met by him in
her unaristocratic intercourse with several excellent
and highly intelligent families in the neighbourhood.
To see her, was for him to love her; but the pride
of her father was too well known by him to leave much
room for hope that the issue of his passion would
be successful, even if so fortunate as to win the heart
of the maiden. He was inspired with courage,
however, by the evident favour with which she regarded
him, and even tempted to address her in language that
no woman’s ear could mistake—the language
of love. Edith listened with a heart full of
hope and fear. She had great respect for the
character of Denton, which she saw was based upon
virtuous principles; and this respect easily changed
into love that was true and fervent; but she knew
too well her father’s deeply-rooted prejudices
in favour of rank and family, to hope that the current
of her love would run smooth. This proved to be
no idle fear. When Henry Denton ventured to approach
Mr. Tomlinson on the subject of his love for Edith,
the old gentleman received him with great discourtesy.
“Who are you, sir?” he
asked, drawing himself proudly up.
“I hardly think you need ask
that question,” the young man replied.
“I am not an entire stranger to you, nor unknown
in your neighbourhood.”
“But who are you, sir?
That is what I ask to know. Who is your father?”
“An honest man, sir.”
The young man spoke with firmness and dignity.
“Humph! there are plenty of
them about. I could marry my daughter to an honest
man any day I liked. Old Cato, my coachman, is
an honest man; but that is no reason why I should
let his son Sam marry Edith. No, my young friend,
you cannot connect yourself with my family; be content
with the daughter of some honest man like your father.”
But the lover was not to be driven
off by even such a rude repulse. He tried to
argue his case, but Mr. Tomlinson cut the matter short
by starting from his seat in great discomposure of
mind, and pointing with a trembling hand to a grim
picture on the wall, while he thus addressed the young
man:—
“That, sir, is the portrait
of Sir Edgar Tomlinson, who, by interposing his body
between the spear of a Roundhead and his royal master,
saved his life at the imminent risk of his own, for
which gallant deed he was knighted, and afterwards
presented, by royal hands, with a noble bride.
When you have done as great a deed, young man, you
will be worthy to claim the hand of my daughter—not
before!”
Saying this, the excited father turned
away and strode from the room, leaving Denton in dismay
at the quick and hopeless termination of his conference.
On the next day, the young attorney,
who was known to possess fine talents, acuteness,
and extensive legal knowledge, was waited upon by
Mr. Allison.
“I wish your services, Mr. Denton,”
said he, “in a suit of great importance that
I am about commencing. Here is your retaining
fee,”—and he laid upon the table of
the lawyer a check for two hundred dollars. “If
you gain me my cause, your entire fee will be five
thousand dollars.”
Allison then went on to state, that
Mr. Tomlinson’s claim to the five hundred acres
next adjoining his (Allison’s) plantation, and
upon which his mansion stood, was a very doubtful one.
That it, in fact, belonged to the Allison estate,
and he was going to have the question of rightful
ownership fully tested. He furnished the young
attorney with documents, data, and every thing required
for commencing the suit. Denton asked a week
for an examination of the whole matter. At the
end of this time, Allison again waited on him.
“Well, sir, what do you think of my case?”
he said.
“I think it a doubtful one,”
was replied. “Still, it is possible you
might gain it, as there are one or two strong points
in your favour.”
“I have not the least doubt
of it. At any rate, I am going to give the matter
a fair trial. Five hundred acres of such land
are worth an effort to gain.”
“But you must not forget that,
as you will open the question of ownership on the
whole tract of one thousand acres, you run the risk
of losing the half of which you are now in possession.”
“I’m willing to run the
risk of losing five hundred acres of uncultivated
land in the effort to acquire possession of as large
a quantity in a high state of improvement,”
returned the uncompromising gentleman ‘born
and bred.’ “So you will forthwith
make a beginning in the matter.”
The young attorney was grave and silent
for some time. Then opening a drawer, he took
out the check which had been given to him as a retaining
fee, and handing it to Allison, said—“I
believe, sir, I must decline this case.”
“Why so?” quickly asked
the young man, a deep flush passing over his brow.
“I do it from principle,”
was replied. “I find, on examining the
whole matter, that your grandfather and the father
of Mr. Tomlinson, while in possession of their respective
estates, in view of the difficulty there was in settling
the precise title of the tract of land, agreed to
an equal division of it, which was done in honour
and good faith, and I do not think their heirs, on
either side, have any right to disturb the arrangement
then made.”
“I did not ask you to judge
the case, but to present it for judgment,” said
Allison, greatly offended. “You may, perhaps,
be sorry for this.”
Another member of the bar, less scrupulous
about the principles involved in a case, readily undertook
the matter; and as the fee, if he proved successful,
was to be a large one, opened it immediately.
When Mr. Tomlinson received notice
of the fact that this long-settled dispute was again
to be revived, he was thrown into a fever of alarm
and indignation. The best counsel that could be
employed was obtained, and his right to the whole thousand
acres vigorously maintained. After a year of
delays, occasioned by demurrers, allegations, and
all sorts of legal hinderances, made and provided
for the vexation of clients, the question came fairly
before the court, where it was most ably argued on
both sides for some days. When the decision at
length came, it was adverse to Mr. Tomlinson.
An appeal was entered, and preparations
made for a more vigorous contest in a higher court.
Here the matter remained for over a year, when the
decision of the first tribunal was confirmed.
Two years of litigation had made sad
work with old Mr. Tomlinson; he looked at least ten
years older. The same signs of decay appeared
in every thing around him; his fields remained uncultivated,
the fences were broken down, and cattle strayed where
once were acres of grain or other rich products.
Slaves and stock had been sold to meet the heavy expenses
to which this suit had subjected him, and every thing
seemed fast tending towards ruin. Once or twice
during the period, Denton again approached him on
the subject of Edith, but the proud old aristocrat
threw him off even more impatiently than at first.
Edith, too, had changed during this
time of trouble; she was rarely seen abroad, and received
but few visitors at home. No one saw her smile,
unless when her father was present; and then her manner
was cheerful, though subdued. It was clear that
she was struggling against her own feelings, in the
effort to sustain his. Her father had extorted
from her a promise never to marry without his consent;
this settled the matter for the time between her and
Denton, although both remained faithful to each other;
they had not met for over a year.
Meantime the cause was carried up
still higher, where it remained for two years longer,
and then another adverse decision was made. Mr.
Tomlinson was in despair; what with court charges,
counsel fees, and loss from the diminished productions
of his farm, he had sunk in the last four years over
fifteen thousand dollars, a portion of which had been
raised by mortgage on that part of his estate to which
he had an undisputed title, almost equal to the full
value of the land.
To the Supreme Court the matter came
at last, but the old man had but little hope.
In three courts, after a long and patient hearing,
the decision had been against him; if it should again
be adverse, he would be totally ruined. As it
was, so greatly had his means become reduced, that
it was with difficulty he could raise sufficient money
to pay off the heavy expenses of the last court.
The fees of his two attorneys were yet unsettled,
and he feared, greatly, that he should not be able
to induce more than one of them to attend at the Supreme
Court. On the other side, money was expended freely,
and the most energetic counsel that money could command
enlisted. The fact was, the principal reason
why Mr. Tomlinson had failed in each of the three
trials that had already taken place lay in the superior
tact, activity, and ability of the adverse counsel.
The anxiously looked-for period at
length came, and Mr. Tomlinson made preparations for
leaving home to meet the final issue, after nearly
five years of most cruel litigation.
“Dear father!” said Edith,
as they were about to separate. She spoke with
forced calmness, while a faint smile of encouragement
played about her lips; her voice was low and tender.
“Dear father, do not let this matter press too
heavily upon you; I have a hope that all will come
out right. I do not know why, but I feel as if
this dreadful blow will not be permitted to fall.
Be calm, be brave, dear father! even the worst can
be borne.”
The maiden’s voice began to
quiver, even while she uttered hopeful words.
Mr. Tomlinson, whose own heart was full, bent down
and kissed her hurriedly. When she looked up,
he was gone. How fast the tears flowed, as she
stood alone on the spot where they had just parted!
A few hours after the father had left,
a gentleman called and asked to see Edith. On
entering the room where he had been shown by the servant,
she found a young man whose countenance she had never
seen before. He. made known his business after
a few embarrassing preliminaries, which proved to
be an overture of peace from Allison, if she would
accept the offer of marriage he had made her five years
previously. After hearing the young man patiently
through, Edith replied, in a firm voice—“Tell
Mr. Allison that there is no evil in this world or
the next that I would consider greater than a marriage
with him.”
He attempted to urge some considerations
upon her, but she raised her hand, and said, in a
tone of decision, “You have my answer, sir;
take it to your principal.”
The young man bowed, and withdrew
in silence. He felt awed beneath the steady eye,
calm face, and resolute voice of the maiden, crushed
almost to the earth as she was.
When Mr. Tomlinson arrived at the
capital, he found neither of his counsel there, although
the case was expected to be reached on the succeeding
day. On the next morning he received a note from
one of them, which stated that illness would prevent
his attending. The other attorney was prepared
to go on with the case, but he was by far the weakest
of the two.
On the opposite side there was the
strongest possible array, both as to number and talents.
Mr. Tomlinson felt that his case was hopeless.
On the first day the prosecution argued their case
with great ability. On the second day, the claims
of Mr. Tomlinson were presented, with even less point
and tact than before; it was clear that the advocate
either considered the case a bad one, or had lost
all interest in it. The other side followed with
increased confidence, and, it was plain, made a strong
impression upon the court. A feeble rejoinder
was given to this, but it produced little or no effect.
Just at this crisis, an individual,
not before particularly noticed by Mr. Tomlinson,
arose and addressed the court. His opening remarks
showed him to be familiar with the whole subject, and
his tone and manner exhibited a marked degree of confidence.
It was soon apparent which side of the case he had
taken; if by nothing else, by the frown that settled
upon the brow of Allison. He was a young man,
tall and well made, with a strong, clear voice, and
a fine command of language. The position in which
he stood concealed so much of his face from Mr. Tomlinson,
that the latter could not make out whether it was
one with which he was familiar or not. The voice
he had heard before.
The volunteer advocate, after having
occupied the court for an hour, during which time
he had shown a most minute and accurate knowledge
of the matter in dispute, gave the whole question a
new aspect. During the second hour that his argument
was continued, in which precedent after precedent,
not before introduced, were brought forward, bearing
a direct application to the case under review, the
court exhibited the most marked attention. When
he concluded, all present saw hope for the old Virginian.
This new and unexpected champion in
the cause aroused the counsel of Allison to another
and more determined effort; but he tore their arguments
into ribands, and set off their authorities with an
overwhelming array of decisions directly in the teeth
of those they introduced bearing upon their side of
the question. It was wonderful to observe his
perfect familiarity with the whole matter in dispute,
the law bearing upon it, and the decisions of courts
in this country and England, that could in any way
throw light upon it, far outstripping the learned
advocates on both sides, who had been at work upon
the case for five years.
During the time this brilliant champion
was fighting his battle for him in the last defensible
position he could ever obtain, Mr. Tomlinson remained
as if fixed to the spot where he was sitting, yet
with his mind entirely active. He saw, he felt
that there was hope for him; that this heaven-sent
advocate, whoever he was, would save him from ruin.
At last the case closed, and the court announced that
its decision would be given in the morning.
“Who is he?” Mr. Tomlinson
heard some one ask of his persecutor, as the young
man closed his last and most brilliant effort.
With an imprecation uttered between
his teeth, he replied, “One that refused to
take my side, although I offered him a fee of five
thousand dollars if successful.”
“What is his name?”
“Denton.”
“Pity you couldn’t have secured him.”
Mr. Tomlinson heard no more.
He turned his eyes upon the young man he had three
times rudely repulsed, but he could not see his face;
he was bending over and arranging some papers.
The announcement of the court, in regard to the time
when a decision was to be made, drew his attention
from him. When he again sought the young attorney,
he was gone.
Nearly a week of most distressing
suspense was suffered by Edith. Every day she
heard from her father, but all was doubt and despondency,
until there came a letter announcing the sudden appearance
of a volunteer advocate, who had changed the whole
aspect of affairs, and created the most lively hopes
of success. Who he was, the letter did not say.
During the morning that succeeded
the one on which this letter was received, Edith wandered
about the house like a restless spirit. The decision
had been made on the day previous, and in a few hours
her father would be home. What intelligence would
he bring? Whenever she asked herself that question,
her heart trembled. Twenty times had she been
to the highest windows in the house to look far away
where the road wound down a distant hill, to see if
the carriage were coming, although she knew two hours
must elapse before her father could possibly arrive.
At last the long and anxiously looked-for
object came in sight, winding along the road far in
the distance. Soon it passed from view, and she
waited breathlessly, until it should appear at a nearer
point. Again it met her eyes, and again disappeared.
At last it reached the long avenue of poplars that
lined the carriage-way leading up to the house; the
horses were coming at a rapid speed. Edith could
not breathe in the rooms—the atmosphere
was oppressive. She went into the porch, and,
leaning against or rather clinging to one of the pillars,
stood almost gasping for breath. The suspense
she suffered was awful; but certainty soon came.
The carriage whirled rapidly into its position before
the door, and Mr. Tomlinson sprang from it as agile
as a boy. He had merely time to say—
“All is safe!” when Edith
sank into his arms, unable longer to stand.
“And here is our noble champion,”
he added, as another stood by his side.
Edith opened her eyes, that she had
closed in the excess of joy; the face of her lover
was near her. She looked up at him for a moment,
and then closed them again; but now the tears came
stealing through her shut lids.
The young lawyer had gained two suits
in one. Three months afterwards Edith was his
bride, and the dowry was the five hundred acres of
land from the estate of Allison, awarded to her father
by the Supreme Court.
THE END.