CHAPTER XXI. BETTER AND BETTER—MORE LAW AND MORE JUSTICE—TAILS AND HEADS: THE IMPORTANCE OF KEEPING EACH IN ITS PROPER PLACE.

Noah was incontinently transferred to the place of execution, where I promised to meet him in time to receive his parting sigh, curiosity inducing me first to learn the issue on the appeal. The brigadier told me in confidence, as we went to the other hall, that the affair was now getting to be one of great interest; that hitherto it had been mere boy’s play, but it would in future require counsel of great reading and research to handle the arguments, and that he flattered himself there was a good occasion likely to present itself, for him to show what monikin reason really was.

The whole of the twelve wore tail-cases, and altogether they presented a formidable array of intellectual development. As the cause of Noah was admitted to be one of more than common urgency, after hearing only three or four other short applications on behalf of the crown, whose rights always have precedence on such occasions, the attorney-general of the king was desired to open his case.

The learned counsel spoke, in anticipation, to the objections of both his adversaries, beginning with those of my brother Downright. Forthwith, he contended, might be at any period of the twenty-four hours, according to the actual time of using the term. Thus, forthwith of a morning, would mean in the morning; forthwith at noon, would mean at noon; and so on to the close of the legal day. Moreover, in a legal signification, forthwith must mean between sunrise and sunset, the statute commanding that all executions shall take place by the light of the sun, and consequently the two terms ratified and confirmed each other, instead of conveying a contradiction, or of neutralizing each other, as would most probably be contended by the opposite counsel.

To all this my brother Downright, as is usual on such occasions, objected pretty much the converse. He maintained that ALL light proceeded from the sun; and that the statute, therefore, could only mean that there should be no executions during eclipses, a period when the whole monikin race ought to be occupied in adoration. Forthwith, moreover, did not necessarily mean forthwith, for forthwith meant immediately; and “between sunrise and sunset” meant between sunrise and sunset; which might be immediately, or might not.

On this point the twelve judges decided, firstly, that forthwith did not mean forthwith; secondly, that forthwith did mean forthwith; thirdly, that forthwith had two legal meanings; fourthly, that it was illegal to apply one of these legal meanings to a wrong legal purpose; and fifthly, that the objection was of no avail, as respected the case of No. 1, sea-water-color. Ordered, therefore, that the criminal lose his tail forthwith.

The objection to the other sentence met with no better fate. Men and monikins did not differ more than some men differed from other men, or some monikins differed from other monikins. Ordered, that the sentence be confirmed, with costs. I thought this decision the soundest of the two; for I had often had occasion to observe, that there were very startling points of resemblance between monkeys and our own species.

The contest now commenced between the two attorneys-general in earnest; and, as the point at issue was a question of mere rank, it excited a lively—I may say an engrossing—interest in all the hearers. It was settled, however, after a vigorous discussion, in favor of the king, whose royal dignity the twelve judges were unanimously of opinion was entitled to precedency over that of the queen. To my great surprise, my brother Downright volunteered an argument on this intricate point, making an exceedingly clever speech in favor of the king’s dignity, as was admitted by every one who heard it. It rested chiefly on the point that the ashes of the tail were, by the sentence, to be thrown into the culprit’s face. It is true this might be done physically after decapitation, but it could not be done morally. This part of the punishment was designed for a moral effect; and to produce that effect, consciousness and shame were both necessary. Therefore the moral act of throwing the ashes into the face of the criminal could only be done while he was living, and capable of being ashamed.

Meditation, chief-justice, delivered the opinion of the bench. It contained the usual amount of legal ingenuity and logic, was esteemed as very eloquent in that part which touched on the sacred and inviolable character of the royal prerogatives (prerogativae as he termed them), and was so lucid in pointing out the general inferiority of the queen-consort, that I felt happy her majesty was not present to hear herself and sex undervalued. As might have been expected, it allowed great weight to the distinction taken by the brigadier. The decision was in the following words, viz.: “Rex et Regina versus No. 1, sea-water-color: ordered, that the officers of justice shall proceed forthwith to decaudizate the defendant before they decapitate him; provided he has not been forthwith decapitated before he can be decaudizated.”

The moment this mandamus was put into the hands of the proper officer, Brigadier Downright caught me by the knee, and led me out of the hall of justice, as if both out lives depended on our expedition. I was about to reproach him for having volunteered to aid the king’s attorney-general, when, seizing me by the root of the tail, for the want of a button-hole, he said, with evident satisfaction:

“Affairs go on swimmingly, my dear Sir John! I do not remember to have been employed, for some years, in a more interesting litigation. Now this cause, which, no doubt, you think is drawing to a close, has just reached its pivot, or turning-point; and I see every prospect of extricating our client with great credit to myself.”

“How! my brother Downright!” I interrupted; “the accused is finally sentenced, if not actually executed!”

“Not so fast, my good Sir John—not so fast, by any means. Nothing is final in law, while there is a farthing to meet the costs, or the criminal can yet gasp. I hold our case to be in an excellent way; much better than I have deemed it at any time since the accused was arraigned.”

Surprise left me no other power than that which was necessary to demand an explanation.

“All depends on the single fact, dear sir,” continued my brother Downright, “whether the head is still on the body of the accused or not. Do you proceed, as fast as possible, to the place of execution; and, should our client still have a head, keep up his spirits by a proper religious discourse, always preparing him for the worst, for this is no more than wisdom; but, the instant his tail is separated from his body, run hither as fast as you can, to apprise me of the fact. I ask but two things of you—speed in coming with the news, and perfect certainty that the tail is not yet attached to the rest of the frame, by even a hair. A hair often turns the scales of justice!”

“The case seems desperate—would it not be as well for me to run down to the palace, at once; demand an audience of their majesties, throw myself on my knees before the royal pair, and implore a pardon?”

“Your project is impracticable, for three sufficient reasons: firstly, there is not time; secondly, you would not be admitted without a special appointment; thirdly, there is neither a king nor a queen!”

“No king in Leaphigh!”

“I have said it.”

“Explain yourself, brother Downright, or I shall be obliged to refute what you say, by the evidence of my own senses.”

“Your senses will prove to be false witnesses then. Formerly there was a king in Leaphigh, and one who governed, as well as reigned. But the nobles and grandees of the country, deeming it indecent to trouble his majesty with affairs of state any longer, took upon themselves all the trouble of governing, leaving to the sovereign the sole duty of reigning. This was done in a way to save his feelings, under the pretence of setting up a barrier to the physical force and abuses of the mass. After a time, it was found inconvenient and expensive to feed and otherwise support the royal family, and all its members were privately shipped to a distant region, which had not yet got to be so far advanced in civilization, as to know how to keep up a monarchy without a monarch.”

“And does Leaphigh succeed in effecting this prodigy?”

“Wonderfully well. By means of decapitations and decaudizations enough, even greater exploits may be performed.”

“But am I to understand literally, brother Downright, there is no such thing as a monarch in this country?”

“Literally.”

“And the presentations?”

“Are like these trials, to maintain the monarchy.”

“And the crimson curtains?—”

“Conceal empty seats.”

“Why not, then, dispense with so much costly representation?”

“In what way could the grandees cry out that the throne is in danger, if there were no throne? It is one thing to have no monarch, and another to have no throne. But all this time our client is in great jeopardy. Hasten, therefore, and be particular to act as I have just instructed you.”

I stopped to hear no more, but in a minute was flying towards the centre of the square. It was easy enough to perceive the tail of my friend waving over the crowd; but grief and apprehension had already rendered his countenance so rueful, that, at the first glance, I did not recognize his head. He was, however, still in the body; for, luckily for himself, and more especially for the success of his principal counsel, the gravity of his crimes had rendered unusual preparations necessary for the execution. As the mandate of the court had not yet arrived—justice being as prompt in Leaphigh as her ministers are dilatory—two blocks were prepared, and the culprit was about to get down on his hands and knees between them, just as I forced my way through the crowd to his side.

“Ah! Sir John, this is an awful predicament!” exclaimed the rebuked Noah; “a ra’ally awful situation for a human Christian to have his enemies lying athwart both bows and starn!”

“While there is life there is hope; but it is always best to be prepared for the worst—he who is thus prepared never can meet with a disagreeable surprise. Messrs. Executioners”—for there were two, that of the king, and that of the queen, or one at each end of the unhappy criminal—“Messrs. Executioners, I pray you to give the culprit a moment to arrange his thoughts, and to communicate his last requests in behalf of his distant family and friends!”

To this reasonable petition neither of the higher functionaries of the law made any objection, although both insisted if they did not forthwith bring the culprit to the last stages of preparation, they might lose their places. They did not see, however, but a man might pause for a moment on the brink of the grave. It would seem that there had been a little misunderstanding between the executioners themselves on the point of precedency, which had been one cause of the delay, and which had been disposed of by an arrangement that both should operate at the same instant. Noah was now brought down to his hands and knees, “moored head and starn,” as that unfeeling blackguard Bob, who was in the crowd, expressed it, between the two blocks, his neck lying on one and his tail on the other. While in this edifying attitude, I was permitted to address him.

“It may be well to bethink you of your soul, my dear captain,” I said; “for, to speak truth, these axes have a very prompt and sanguinary appearance.”

“I know it, Sir John, I know it; and, not to mislead you, I will own that I have been repenting with all my might, ever since that first vardict. That affair of the lord high admiral, in particular, has given me a good deal of consarn; and I now humbly ask your pardon for being led away by such a miserable deception, which is all owing to that riptyle Dr. Reasono, who, I hope, will yet meet with his desarts. I forgive everybody, and hope everybody will forgive me. As for Miss Poke, it will be a hard case; for she is altogether past expecting another consort, and she must be satisfied to be a relic the rest of her days.”

“Repentance, repentance, my dear Noah—repentance is the one thing needful for a man in your extremity.”

“I do—I do, Sir John, body and soul—I repent, from the bottom of my heart, ever having come on this v’y’ge—nay, I don’t know but I repent ever having come outside of Montauk Point. I might, at this moment, have been a school-master or a tavern-keeper in Stunnin’tun; and they are both good wholesome berths, particularly the last. Lord love you! Sir John, if repentance would do any good, I should be pardoned on the spot.”

Here Noah caught a glimpse of Bob grinning in the crowd, and he asked of the executioners, as a last favor, that they would have the boy brought near, that he might take an affectionate leave of him. This reasonable request was complied with, despite of poor Bob’s struggles; and the youngster had quite as good reasons for hearty repentance as the culprit himself. Just at this trying moment the mandate for the order of the punishments arrived, and the officials seriously declared that the condemned must be prepared to meet his fate.

The unflinching manner in which Captain Poke submitted to the mortal process of decaudization extracted plaudits from, and awakened sympathy in every monikin present. Having satisfied myself that the tail was actually separated from the body, I ran, as fast as legs could carry me, towards the hall of the twelve judges. My brother Downright, who was impatiently expecting my appearance, instantly arose and moved the bench to issue a mandamus for a stay of execution in the case of “Regina versus Noah Poke, or No. 1, sea-water-color. By the statute of the 2d of Longevity and Flirtilla, it was enacted, my lords,” put in the brigadier, “that in no case shall a convicted felon suffer loss of life, or limb, while it can be established that he is non compos mentis. This is also a rule, my lords, of common law—but being common sense and common monikinity, it has been thought prudent to enforce it by an especial enactment. I presume Mr. Attorney-General for the queen will scarcely dispute the law of the case—”

“Not at all, my lords—though I have some doubts as to the fact. The fact remains to be established,” answered the other, taking snuff.

“The fact is certain, and will not admit of cavil. In the case of Rex versus Noah Poke, the court ordered the punishment of decaudization to take precedence of that of decapitation, in the case of Regina versus the same. Process had been issued from the bench to that effect; the culprit has, in consequence, lost his cauda, and with it his reason; a creature without reason has always been held to be non compos mentis, and by the law of the land is not liable to the punishments of life or limb.”

“Your law is plausible, my brother Downright,” observed my lord chief-justice, “but it remains for the bench to be put in possession of the facts. At the next term, you will perhaps be better prepared—”

“I pray you, my lord, to remember that this is a case which will not admit of three months’ delay.”

“We can decide the principle a year hence, as well as to-day; and we have now sat longer in banco,” looking at his watch, “than is either usual, agreeable, or expedient.”

“But, my lords, the proof is at hand. Here is a witness to establish that the cauda of Noah Poke, the defendant of record, has actually been separated from his body—”

“Nay—nay—my brother Downright, a barrister of your experience must know that the twelve can only take evidence on affidavit. If you had an affidavit prepared, we might possibly find time to hear it, before we adjourn; as it is, the affair must lie over to another sitting.”

I was now in a cold sweat, for I could distinctly scent the peculiar odor of the burning tail; the ashes of which being fairly thrown into Noah’s face, there remained no further obstacle to the process of decapitation—the sentence, it will be remembered, having kept his countenance on his shoulders expressly for that object. My brother Downright, however, was not a lawyer to be defeated by so simple a stumbling-block. Seizing a paper that was already written over in a good legal hand, which happened to be lying before him, he read it, without pause or hesitation, in the following manner:

“Regina versus Noah Poke.”

“Kingdom of Leaphigh, Season of Nuts, {Personally this fourth day of the Moon.} appeared before me, Meditation, Lord Chief-Justice of the Court of King’s Bench, John Goldencalf, baronet, of the Kingdom of Great Britain, who, being duly sworn, doth depose and say, viz., that he, the said deponent, was present at, and did witness, the decaudization of the defendant in this suit, and that the tail of the said Noah Poke, or No. 1, sea-water-color, hath been truly and physically separated from his body.

“—And further this deponent sayeth not. Signature, etc.”

Having read, in the most fluent manner, the foregoing affidavit, which existed only in his own brain, my brother Downright desired the court to take my deposition to its truth.

“John Goldencalf, baronet,” said the chief-justice, “you have heard what has just been read; do you swear to its truth?”

“I do.”

Here the affidavit was signed by both my lord chief-justice and myself, and it was duly put on file. I afterwards learned that the paper used by my brother Downright on this memorable occasion was no other than the notes which the chief-justice himself had taken on one of the arguments in the case in question, and that, seeing the names and title of the cause, besides finding it no easy matter to read his own writing, that high officer of the crown had, very naturally, supposed that all was right. As to the rest of the bench, they were in too great a hurry to go to dinner, to stop and read affidavits, and the case was instantly disposed of, by the following decision:

“Regina versus Noah Poke, etc. Ordered, that the culprit be considered non compos mentis, and that he be discharged, on finding security to keep the peace for the remainder of his natural life.”

An officer was instantly dispatched to the great square with this reprieve, and the court rose. I delayed a little in order to enter into the necessary recognizances in behalf of Noah, taking up at the same time the bonds given the previous night, for his appearance to answer to the indictments. These forms being duly complied with, my brother Downright and myself repaired to the place of execution, in order to congratulate our client—the former justly elated with his success, which he assured me was not a little to the credit of his own education.

We found Noah surprisingly relieved by his liberation from the hands of the Philistines; nor was he at all backwards in expressing his satisfaction at the unexpected turn things had taken. According to his account of the matter, he did not set a higher value on his head than another; still, it was convenient to have one; had it been necessary to part with it, he made no doubt he should have submitted to do so like a man, referring to the fortitude with which he had borne the amputation of his cauda, as a proof of his resolution; for his part, he should take very good care how he accused any one with having a memory, or anything else, again, and he now saw the excellence of those wise provisions of the laws, which cut up a criminal in order to prevent the repetition of his offences; he did not intend to stay much longer on shore, believing he should be less in the way of temptation on board the Walrus than among the monikins; and, as for his own people, he was sure of soon catching them on board again, for they had now been off their pork twenty-four hours, and nuts were but poor grub for foremast hands, after all; philosophers might say what they pleased about governments, but, in his opinion, the only ra’al tyrant on ’arth was the belly; he did not remember ever to have had a struggle with his belly—and he had a thousand—that the belly didn’t get the better; that it would be awkward to lay down the title of lord high admiral, but it was easier to lay down that than to lay down his head; that as for cauda, though it was certainly agreeable to be in the fashion, he could do very well without one, and when he got back to Stunnin’tun, should the worst come to the worst, there was a certain saddler in the place who could give him as good a fit as the one he had lost; that Miss Poke would have been greatly scandalized, however, had he come home after decapitation; that it might be well to sail for Leaplow as soon as convenient, for in that country he understood bobs were in fashion, and he admitted that he should not like to cruise about Leaphigh, for any great length of time, unless he could look as other people look; for his part, he bore no one a grudge, and he freely forgave everybody but Bob, out of whom, the Lord willing, he proposed to have full satisfaction, before the ship should be twenty-four hours at sea, etc., etc., etc.

Such was the general tendency of the remarks of Captain Poke, as we proceeded towards the port, where he embarked and went on board the Walrus, with some eagerness, having learned that our rear-admirals and post-captains had, indeed, yielded to the calls of nature, and had all gone to their duty, swearing they would rather be foremast Jacks in a well-victualled ship, than the king of Leaphigh upon nuts.

The captain had no sooner entered the boat, taking his head with him, than I began to make my acknowledgments to my brother Downright for the able manner in which he had defended my fellow human being; paying, at the same time, some well-merited compliments to the ingenious and truly philosophical distinctions of the Leaphigh system of jurisprudence.

“Spare your thanks and your commendations, I beg of you, good Sir John,” returned the brigadier, as we walked back towards my lodgings. “We did as well as circumstances would allow; though our whole defence would have been upset, had not the chief-justice very luckily been unable to read his own handwriting. As for the principles and forms of the monikin law—for in these particulars Leaplow is very much like Leaphigh—as you have seen them displayed in these two suits, why, they are such as we have. I do not pretend that they are faultless; on the contrary, I could point out improvements myself—but we get on with them as well as we can: no doubt, among men, you have codes that will better bear examination.”