The Chainbearer: or, The Littlepage Manuscripts

"I would gladly pursue this discourse, Andries, and bring it to a happy termination," I answered; "but here come the squatters in a body, and I suppose some movement or proposal is in the wind. We will defer our matter, then; you remembering that I agree to none of your opinions or decisions. Dus is to be mine, if indeed we can protect her against the grasp of these wretches. I have something to say on that subject, too; but this is not the moment to utter it."

Chainbearer seized my hand, and gave it a friendly pressure, which terminated the discourse. On the subject of the intentions of Thousandacres toward Dus, I was now not altogether free from uneasiness; though the tumult of rapturous feeling through which I had just passed drove it temporarily from my mind. I had no apprehensions that Ursula Malbone would ever be induced, by ordinary means, to become the wife of Zephaniah; but I trembled as to what might be the influence of menaces against her uncle and myself. Nor was I altogether easy on the score of the carrying out of those menaces. It often happens with crime, as in the commission of ordinary sins, that men are impelled by circumstances, which drive them to deeds from which they would have recoiled in horror, had the consummation been directly presented to their minds, without the intervention of any mediate causes. But the crisis was evidently approaching, and I waited with as much calmness as I could assume for its development. As for Chainbearer, being still ignorant of the conversation I had overheard in the mill, he had no apprehensions of evil from the source of my greatest dread.

The day had advanced, all this time, and the sun had set, and night was close upon us, as Tobit and his brethren came to the door of our prison, and called upon Chainbearer and myself to come forth, leaving Susquesus behind. We obeyed with alacrity; for there was a species of liberty in being outside of those logs, with my limbs unfettered, though a vigilant watch was kept over us both. On each side of me walked an armed man, and Chainbearer was honored with a similar guard. For all this, old Andries cared but little. He knew and I knew that the time could not be very distant when we might expect to hear from Frank Malbone; and every minute that went by added to our confidence in this respect.

We were about half-way between the storehouse and the dwelling of Thousandacres, toward which our steps were directed, when Andries suddenly stopped, and asked leave to say a word to me in private. Tobit was at a loss how to take this request; but, there being an evident desire to keep on reasonably good terms with Chainbearer, after a short pause he consented to form an extended ring with his brothers, leaving me and my old friend in its centre.

"I'll tell you what I t'ink atvisaple in t'is matter," commenced Andries, in a sort of whisper. "It cannot pe long afore Malpone will be pack wit' t'e posse ant constaples, ant so fort'; now, if we tell t'ese rapscallions t'at we want taylight to meet our inimies in, ant t'at we haf no stomach for nightwork, perhaps t'ey'll carry us pack to jail, ant so gif more time to Frank to get here."

"It will be much better, Chainbearer, to prolong our interview with these squatters, so that you and I may be at large, or at least not shut up in the storehouse, when Malbone makes his appearance. In the confusion we may even escape and join our friends, which will be a thousand times better than to be found within four walls."

Andries nodded his head, in sign of acquiescence, and thenceforth he seemed to aim at drawing things out, in order to gain time, instead of bringing them to a speedy conclusion. As soon as our discourse was ended, the young men closed round us again, and we moved on in a body.

Darkness being so close upon us, Thousandacres had determined to hold his court, this time, within the house, having a care to a sufficient watchfulness about the door. There is little variation in the internal distribution of the room of what may be called an American cottage. About two-thirds of the space is given to the principal apartment, which contains the fireplace,¹⁸ and is used for all the purposes of kitchen and sitting-room, while the rest of the building is partitioned into three several subdivisions. One of these subdivisions is commonly a small bedroom; another is the buttery, and the third holds the stairs, or ladders, by which to ascend to the loft, or to descend to the cellar. Such was the arrangement of the dwelling of Thousandacres, and such is the arrangement in thousands of other similar buildings throughout the land. The thriving husbandman is seldom long contented, however, with such narrow and humble accommodations; but the framed house, of two stories in height, and with five windows in front, usually soon succeeds this cottage, in his case. It is rare, indeed, that any American private edifice has more than five windows in front, the few exceptions which do exist to the rule being residences of mark, and the supernumerary windows are generally to be found in wings. Some of our old, solid, substantial, stone country houses occasionally stretch themselves out to eight or nine apertures of this sort, but they are rare. I cannot gossip here, however, about country houses and windows, when I have matters so grave before me to relate.

In the forest, and especially in the newer portions of New York, the evenings are apt to be cool, even in the warm months. That memorable night, I well remember, had a sharpness about it that threatened even a frost, and Prudence had lighted a fire on the yawning hearth of her rude chimney. By the cheerful blaze of that fire, which was renewed from time to time by dried brush, the American frontier substitute for the fagot, were the scenes I am about to mention enacted.

We found all the males, and several of the females, assembled in the large apartment of the building I have described, when Chainbearer and myself entered. The wife of Tobit, with one or two of the sisterhood, however, were absent; doubtless in attendance on Dus Lowiny, I remarked, stood quite near the fire, and the countenance of the girl seemed to me to be saddened and thoughtful. I trust I shall not be accused of being a coxcomb, if I add that the idea crossed my mind that the appearance and manners of a youth so much superior to those with whom she was accustomed to associate had made a slight impression on this girl's – I will not say heart, for imagination would be the better word – and had awakened sympathies that manifested themselves in her previous conduct; while the shade that was now cast across her brow came quite as much from the scene she had witnessed between myself and Dus, near the rock, as from seeing me again a prisoner. The friendship of this girl might still be of importance to me, and still more so to Ursula, and I will acknowledge that the apprehension of losing it was far from pleasant. I could only wait for the developments of time however, in order to reach any certainty on this, as well as on other most interesting topics.

Thousandacres had the civility to order us chairs, and we took our seats accordingly. On looking round the grave and attentive circle, I could trace no new signs of hostility; but, on the contrary, the countenances of all seemed more pacific than they were when we parted. I considered this as an omen that I and my friend should receive some propositions that tended toward peace. In this I was not mistaken; the first words that were uttered having that character.

"It's time this matter atween us, Chainbearer," commenced Thousandacres himself, "should be brought to suthin' like an eend. It keeps the b'ys from their lumberin', and upsets my whull family. I call myself a reasonable man; and be as ready to settle a difficulty on as accommodatin' tarms as any parson you'll find by lookin' up and down the land. Many is the difficulty that I've settled in my day; and I'm not too old to settle 'em now. Sometimes I've fit out, when I've fell in with an obstinate fellow; sometimes I've left it out to men; and sometimes I've settled matters myself. No man can say he ever know'd me refuse to hearken to reason, or know'd me to gi'n up a just cause, so long as there was a morsel of a chance to defend it. When overpowered by numbers, and look'd down by your accursed law, as you call it, I'll own that, once or twice in my time, when young and inexper'enced, I did get the worst of it; and so was obliged to sort o' run away. But use makes parfect. I've seen so much, by seventy odd, as to have l'arnt to take time by the forelock, and don't practyse delays in business. I look upon you, Chainbearer, as a man much like myself, reasonable, exper'enced, and willin' to accommodate. I see no great difficulty, therefore, in settlin' this matter on the spot, so as to have no more hard feelin's or hot words atween us. Sich be my notions; and I should like to hear your'n."

"Since you speak to me, T'ousantacres, in so polite and civil a manner, I'm reaty to hear you, ant to answer in t'e same temper," returned old Andries, his countenance losing much of the determined and angry expression with which he had taken his seat in the circle. "T'ere ist nuttin' t'at more pecomes a man t'an moteration; ant an olt man in partic'lar. I do not t'ink, however, t'at t'ere ist much resemplance petween you ant me, T'ousantacres, in any one t'ing, except it pe in olt age. We're pot' of us pretty well atvancet, ant haf reachet a time of life when it pehooves a man to examine ant reflect on t'e great trut's t'at are to pe fount in his piple. T'e piple ist a pook, Aaron, t'at ist not enough re't in t'e woots; t'ough Almighty Got hast all t'e same rights to t'e sacrifices ant worship of his creatures in t'e forest, as to t'e worship and sacrifices of his creatures in t'e settlements. I'm not a tellin' you t'is, T'ousantacres, py way of showin' off my own l'arnin'; for all I know on the supject, myself, I haf got from Dus, my niece, who ist as goot, ant as willin', ant as hanty in explainin' sich matters, as any tominie I ever talket wit'. I wish you would listen to her, yourself; you and Prutence; when I t'ink you woult allow t'at her tiscourse ist fery etifyin' ant improfin'. Now you seem in t'e right temper, ist a goot time to pe penefitet in t'at way; for t'ey tell me my niece ist here, ant at hant."

"She is; and I rej'ice that you have brought her name into the discourse so 'arly; as it was my design to mention it myself. I see we think alike about the young woman, Chainbearer, and trust and believe she'll be the means of reconciling all parties, and of making us good fri'nds. I've sent for the gal; and she'll soon be coming along, with Tobit's wife, who sets by her wonderfully already."

"Well, talkin' of wonterful t'ings, wonters wilt never cease, I do pelieve!" Chainbearer exclaimed, for he really believed that the family of the squatter was taken suddenly with a "religious turn," and that something like a conversion was about to occur. "Yes, yes; it ist so; we meet wit' wonters when we least expect 'em; and t'at it is t'at makes wonters so wonterful!"

CHAPTER XXV

 
"Yes, Hastings, these are they
Who challenge to themselves thy country's love;
The true, the constant, who alone can weigh
What glory should demand, or liberty approve!"
 

– Akenside.

A pause succeeded this little opening, during which the assembly was waiting for the arrival of Ursula Malbone, and the semi-savage guardian that "set" so much by her, as not to leave her out of sight for a moment. All that time Thousandacres was ruminating on his own plans; while old Andries was probably reflecting on the singular circumstances that "wonters shoult pe so wonterful!" At length a little bustle and movement occurred near the door, the crowd collected in it opened, and Dus walked into the centre of the room, her color heightened by excitement, but her step firm, and her air full of spirit. At first, the blazing light affected her sight, and she passed a hand over her eyes. Then looking around I met her gaze, and was rewarded for all my anxiety by one of those glances, into which affection knows how to infuse so much that is meaning and eloquent. I was thus favored for a moment only; those eyes still turning until they met the fond, answering look of Chainbearer. The old man had arisen, and he now received his niece in his arms, as a parent would embrace a beloved child.

That outpouring of feeling lasted but a little while. It had been unpremeditated and impulsive, and was almost as suddenly suppressed. It gave me, however, the happiness of witnessing one of the most pleasant sights that man can behold; that of youth, and beauty, and delicacy, and female tenderness, pouring out their feelings on the bosom of age – on the ruder qualities of one hardened in person by the exposures of a life passed in the forest. To me the contrast between the fair, golden hair of Dus, and the few straggling, bleached locks of her uncle; the downy, peach-like cheek of the girl, and the red, wrinkled, and sun-dried countenance of Chainbearer, was perfectly delightful. It said how deep must lie those sympathies of our nature, which could bring together so closely two so differently constituted in all things, and set at defiance the apparent tendencies of taste and habit.

Dus suffered herself to be thus carried away by her feelings for only a moment. Accustomed in a degree, as she certainly was, to the rough associations of the woods, this was the first time she had ever been confronted with such an assembly, and I could see that she drew back into herself with womanly reserve, as she now gazed around her, and saw in what a wild and unwonted presence she stood. Still, I had never seen her look so supremely lovely as she did that evening, for she threw Pris Bayard and Kate, with all their advantages of dress and freedom from exposure, far into the shade. Perhaps the life of Ursula Malbone had given to her beauty the very completeness and fullness, that are most apt to be wanting to the young American girl, who has been educated in the over-tender and delicate manner of our ordinary parental indulgence. Of air and exercise she had already enjoyed enough, and they had imparted to her bloom and person the richness and development that are oftener found in the subordinate than in the superior classes of the country.

As for Thousandacres, though he watched every movement of Ursula Malbone with jealous interest, he said nothing to interrupt the current of her feelings. As soon as she left her uncle's arms, however, Dus drew back and took the rude seat that I had placed for her close to Chainbearer's side. I was paid for this little act of attention by a sweet smile from its subject, and a lowering look from the old squatter, that admonished me of the necessity of being cautious of manifesting too much of the interest I felt in the beloved object before me. As is usual in assemblages composed of the rude and unpractised, a long, awkward pause succeeded this introduction of Dus to our presence. After a time, however, Aaron resumed the subject in hand.

"We've met to settle all our difficulties, as I was sayin'," observed Thousandacres, in a manner as deliberative and considerate as if he were engaged in one of the most blameless pursuits of life, the outward appearances of virtue and vice possessing a surprising resemblance to each other. "When men get together on sich a purpose, and in a right spirit, it must be that there's a fault somewhere, if what's right can't be come at atween 'em. What's right atwixt man and man is my creed, Chainbearer."

"What's right petween man ant man is a goot creet, T'ousantacres; ant it's a goot religion, too," answered Andries, coldly.

"That it is! that it is! and I now see that you're in a reasonable temper, Chainbearer, and that there's a prospect of business in you. I despise a man that's so set in his notions that there's no gettin' him to give in an inch in a transaction – don't you hold to that, too, Captain Andries?"

"T'at depents on what t'e notions pe. Some notions do nopoty any goot, ant t'e sooner we're rit of 'em t'e petter; while some notions pe so fery excellent t'at a man hat pest lay town his life as lay t'em town."

This answer puzzled Thousandacres, who had no idea of a man's ever dying for opinion's sake; and who was probably anxious, just at that moment, to find his companion sufficiently indifferent to principle to make some sacrifices to expediency. It was quite evident this man was disposed to practise a ruse on this occasion, that is often resorted to by individuals, and sometimes by states, when disposed to gain a great advantage out of a very small right; that of demanding much more than they expect to receive, and of making a great merit of yielding points that they never had the smallest claim to maintain. But this disposition of the squatter's will make itself sufficiently apparent as we proceed.

"I don't see any use in talkin' about layin' down lives," Thousandacres returned to Chainbearer's remark, "seein' this is not a life and death transaction at all. The most that can be made of squattin', give the law its full swing, is trespass and damages, and them an't matters to frighten a man that has stood out ag'in 'em all his days. We're pretty much sich crittur's as sarcumstances make us. There be men, I don't question, that a body can skear half out of their wits with a writ, while a whull flock of sheep, skins and wool united, wunt intimidate them that's used to sich things. I go on the principle of doin' what's right, let the law say what it will of the matter; and this is the principle on which I wish to settle our present difficulty."

"Name your tarms – name your tarms!" cried Chainbearer, a little impatiently; "talkin' ist talkin', all t'e worlt ofer, ant actin' ist actin'. If you haf anyt'ing to propose, here we are, reaty ant willin' to hear it."

"That's hearty, and just my way of thinkin' and feelin', and I'll act up to it, though it was the gospel of St. Paul himself, and I was set on followin' it. Here, then, is the case, and any man can understand it. There's two rights to all the land on 'arth, and the whull world over. One of these rights is what I call a king's right, or that which depends on writin's, and laws, and sichlike contrivances; and the other depends on possession. It stands to reason, that fact is better than any writin' about it can be; but I'm willin' to put 'em on a footin' for the time bein', and for the sake of accommodatin'. I go all for accommodatin' matters, and not for stirrin' up ill blood; and that I tell Chainbearer, b'ys, is the right spirit to presarve harmony and fri'ndship!"

This appeal was rewarded by a murmur of general approbation in all that part of the audience which might be supposed to be in the squatter interest, while the part that might be called adverse, remained silent, though strictly attentive, old Andries included.

"Yes, that's my principles," resumed Thousandacres, taking a hearty draught of cider, a liquor of which he had provided an ample allowance, passing the mug civilly to Chainbearer, as soon as he had his swallow. "Yes, that's my principles, and good principles they be, for them that likes peace and harmony, as all must allow. Now, in this matter afore us, General Littlepage and his partner ripresents writin's, and I and mine ripresent fact. I don't say which is the best, for I don't want to be hard on any man's rights, and 'specially when the accommodatin' spirit is up and doin'; but I'm fact, and the gin'ral's pretty much writin's. But difficulties has sprung up atwixt us, and it's high time to put 'em down. I look upon you, Chainbearer, as the fri'nd of the t'other owners of this sile, and I'm now ready to make proposals, or to hear them, just as it may prove convenient."

"I haf no proposals to make, nor any aut'ority to offer t'em. I'm nut'in here put a chainpearer, wit' a contract to survey t'e patent into small lots, ant t'en my tuty ist tone. Put, here ist General Littlepage's only son, ant he ist empoweret, I unterstant, to do all t'at is necessary on t'is tract, as t'e attorney – "

"He is and he isn't an attorney!" interrupted Thousandacres, a little fiercely for one in whom "the accommodatin' spirit is up." "At one moment he says he's an attorney, and at the next he isn't. I can't stand this onsartainty any very great while."

"Pooh, pooh! T'ousantacres," returned Chainbearer, coolly, "you're frightenet at your own shadow; ant t'at comes, let me telt you, from not lifing in 'peace and harmony,' as you call it, yourself, wit' t'e law. A man hast a conscience, whet'er he pe a skinner or a cowboy, or efen a squatter; and he hast it, pecause Got has gifen it to him, and not on account of any sarfices of his own. T'at conscience it is, t'at makes my young frient Mortaunt here an attorney in your eyes, when he ist no more of a lawyer t'an you pe yourself."

"Why has he called himself an attorney, then, and why do you call him one? An attorney is an attorney, in my eyes, and little difference is there atween 'em. Rattlesnakes would fare better in a clearin' of Thousandacres' than the smartest attorney in the land!"

"Well, well, haf your own feelin's; for I s'pose Satan has put 'em into you, ant talkin' won't pring t'em out. T'is young gentleman, however, ist no attorney of t'e sort you mean, old squatter, put he hast been a soltier, like myself, ant in my own regiment, which wast his fat'er's, ant a prave young man he ist ant wast, ant one t'at has fou't gallantly for liperty – "

"If he's a fri'nd of liberty, he should be a fri'nd of liberty's people; should give liberty and take liberty. Now I call it liberty to let every man have as much land as he has need on, and no more, keepin' the rest for them that's in the same situation. If he and his father be true fri'nds of liberty, let 'em prove it like men, by giving up all claims to any more land than they want. That's what I call liberty! Let every man have as much land as he's need on; that's my religion, and it's liberty, too."¹⁹

"Why are you so moterate, T'ousantacres? why are you so unreasonaply moterate? Why not say t'at efery man hast a right to efery t'hing he hast need of, and so make him comfortaple at once! T'ere is no wistom in toin' t'ings by hafs, ant it ist always petter to surfey all t'e lant you want, while t'e compass is set ant t'e chains pe going. It's just as much liperty to haf a right to share in a man's tollars, as to share in his lants."

"I don't go as far as that, Chainbearer," put in Thousandacres, with a degree of moderation that ought to put the enemies of his principles to the blush. "Money is what a man 'arns himself, and he has a right to it, and so I say let him keep it; but land is necessary, and every man has a right to as much as he has need on – I wouldn't give him an acre more, on no account at all."

"Put money wilt puy lant; ant, in sharin' t'e tollars, you share t'e means of puyin' as much lant as a man hast neet of; t'en t'ere ist a great teal more lant ast money in t'is country, ant, in gifin' a man lant, you only gif him t'at which ist so cheap ant common, t'at he must pe a poor tefil if he can't get all t'e lant he wants wit'out much trouple and any squattin', if you wilt only gif him ever so little money. No, no, T'ousantacres – you're fery wrong; you shoult pegin to tivite wit' t'e tollars, ant t'at wilt not tisturp society, as tollars are in t'e pocket, ant go ant come efery day; whereast lant is a fixture, and some people lofe t'eir own hills, ant rocks, ant trees – when t'ey haf peen long in a family most especially."

There was a dark scowl gathering on the brow of Thousandacres, partly because he felt himself puzzled by the upright and straightforward common sense of Chainbearer, and partly for a reason that he himself made manifest in the answer that he quite promptly gave to my old friend's remarks.

"No man need say anything ag'in squattin' that wants to keep fri'nds with me," Thousandacres put in, with certain twitchings about the muscles of the mouth, that were so many signs of his being in earnest. "I hold to liberty and a man's rights, and that is no reason I should be deflected on. My notions be other men's notions, I know, though they be called squatters' notions. Congressmen have held 'em, and will hold 'em ag'in, if they expect much support, in some parts of the country, at election time. I dare say the day will come when governors will be found to hold 'em. Governors be but men a'ter all, and must hold doctrines that satisfy men's wants, or they won't be governors long.²⁰ But all this is nuthin' but talk, and I want to come to suthin' like business, Chainbearer. Here's this clearin', and here's the lumber. Now, I'm willin' to settle on some sich tarms as these: I'll keep the lumber, carryin' it off as soon as the water gets to be high enough, agreein' to pay for the privilege by not fellin' another tree, though I must have the right to saw up sich logs as be cut and hauled already; and then, as to the land and clearin', if the writin' owners want 'em, they can have 'em by payin' for the betterments, leavin' the price out to men in this neighborhood, sin' city-bred folks can't know nothin' of the toil and labor of choppin', and loggin', and ashin', and gettin' in, and croppin' new lands."

"Mortaunt, t'at proposal ist for you. I haf nut'in' to do wit' t'e clearin' put to surfey it; and t'at much will I perform, when I get as far ast t'e place, come t'ere goot, or come t'ere efil of it."

"Survey this clearin'!" put in Tobit, with his raven throat, and certainly in a somewhat menacing tone. "No, no, Chainbearer – the man is not out in the woods, that could ever get his chain across this clearin'."

"T'at man, I tell you, is Andries Coejemans, commonly called Chainpearer," answered my old friend, calmly. "No clearin', ant no squatter, ever stoppet him yet, nor do I t'ink he will pe stoppet here, from performin' his tuty. Put praggin' is a pat quality, ant we'll leaf time to show t'e trut'."

Thousandacres gave a loud hem, and looked very dark, though he said nothing until time had been given to his blood to resume its customary current. Then he pursued the discourse as follows – evidently bent on keeping on good terms with Chainbearer as long as possible.

"On the whull," he said, "I rather think, Tobit, 'twill be best if you leave this matter altogether to me. Years cool the blood, and allow time to reason to spread. Years be as necessary to judgment as a top to a fruit-tree. I kind o' b'lieve that Chainbearer and I, being both elderly and considerate men, will be apt to get along best together. I dare say, Chainbearer, that if the surveyin' of this clearin' be put to you on the footin' of defiance, that your back would get up, like anybody else's, and you'd bring on the chain, let who might stand in your way. But that's neither here nor there. You're welcome to chain out just as much of this part of the patent as you see fit, and 'twill help us along so much the better when we come to the trade. Reason's reason, and I'm of an accommodatin' spirit."

"So much t'e better, T'ousantacres; yes, so much t'e better," answered old Andries, somewhat mollified by the conciliatory temper in which the squatter now delivered himself. "When work ist to pe performet, it must pe performet; ant, as I'm hiret to surfey and chain t'e whole estate, t'e whole estate must be chainet ant surfeyet. Well, what else haf you to say?"

"I am not answered as to my first offer. I'll take the lumber, agreein' not to cut another tree, and the valie of the betterments can be left out to men."

"I am the proper person to answer this proposal," I thought it now right to say, lest Andries and Thousandacres should get to loggerheads again on some minor and immaterial point, and thus endanger every hope of keeping the peace until Malbone could arrive. "At the same time, I consider it no more than right to tell you, at once, that I have no power that goes so far as to authorize me to agree to your terms. Both Colonel Follock and my father have a stern sense of justice, and neither, in my opinion, will feel much of a disposition to yield to any conditions that, in the least, may have the appearance of compromising any of their rights as landlords. I have heard them both say that, in these particulars, 'yielding an inch would be giving an ell,' and I confess that, from all I have seen lately of settlers and settlements, I'm very much of the same way of thinking. My principals may concede something, but they'll never treat on a subject of which all the right is on their own side."

"Am I to understand you, young man, that you're onaccommodatin', and that my offers isn't to be listened to, in the spirit in which they're made?" demanded Thousandacres, somewhat dryly.

"You are to understand me as meaning exactly what I say, sir. In the first place, I have no authority to accept your offers, and shall not assume any, let the consequences to myself be what they may. Indeed, any promises made in duresse are good for nothing."

"Anan!" cried the squatter. "This is Mooseridge Patent, and Washington, late Charlotte County – and this is the place we are to sign and seal in, if writin's pass atween us."

"By promises made in duresse, I mean promises made while the party making them is in confinement, or not absolutely free to make them or not; such promises are good for nothing in law, even though all the 'writings' that could be drawn passed between the parties."

"This is strange doctrine, and says but little for your boasted law, then! At one time, it asks for writin's, and nothin' but writin's will answer; and then all the writin's on 'arth be of no account! Yet some folks complain, and have hard feelin's, if a man wunt live altogether up to law!"

"I rather think, Thousandacres, you overlook the objects of the law, in its naked regulations. Law is to enforce the right, and were it to follow naked rules, without regard to principles, it might become the instrument of effecting the very mischiefs it is designed to counteract."