judges as fearlessly as when in the halcyon days of peace he trod the pave of the now magnificent broadway.

275

The president handed to the witness a half sheet of paper, one side of which was filled with something written in cipher. The lines were not regular as if written continuously on one subject, but in detached sentences, like memoranda of observations. This the witness identified as the same that he had taken from the pocket of the prisoner.

lines of the camp, and that about three o'clock in the morning they saw the prisoner pass by in a manner that attracted their suspicionAs soon as the court was organized, upon that they hailed him, but upon his not heeding an intimation from the president, a breathless them they started off in pursuit, and upon silence pervaded the assemblage. The judge coming up with him one of them collared advocate then arose and announced to their him. The first stated that he had hardly got prisoner the solemn charge that was alleged his hand on the prisoner before he turned against him. He was accused as having en- fiercely upon him, as if just awakened from tered within the lines of the British camp as sleep, and knocked him down, "but he could a spy in disguise, and that by such conduct he not have done it, your honor," resumed the had forfeited his life under the rules and ar-discomfited deponent, "if he had not taken ticles of war. During the reading of the spe-me unawares." The second then swore, that cifications, which were numerous, the eyes of seeing his companion thus used, he had aimed the spectators were riveted upon the prisoner. a blow at the prisoner with the but-end of his Under less interesting circumstances, there musket, and prostrated him. His associate was much in the appearance of Ratcliff Dor- then recovering, they had together carried mer to attract attention; but in his present the prisoner to the inn they had left, and upon situation, in the midst of a hostile camp, friend- ascertaining that he wore a disguise over an less and unknown, arraigned before a sangui- American uniform, they had delivered him to nary tribunal upon the charge of a crime the sergeant of the guard. He also stated whose penalty was an ignominious death, he that he searched the prisoner, and found upon excited an intense sympathy in his behalf.-|| him a dagger, and a piece of suspicious lookHe was about twenty-five years of age, but his ing writing which nobody could read. light hair and blonde complexion would have made him pass with the casual beholder for several summers less. In person he was tall, slender, and erect; but the firmly knit and well adjusted proportions of his form left no room for imputation of effeminacy. He heard the charge, though without the emotion of a muscle. It seemed as if he had so thoroughly reduced whatever there was of earth about him, to The case was here closed on the part of subjection to the spirit within, as either to be the prosecution. The testimony unexplained, insensible to the jeopardy of his situation, or not and no efforts had been made to obviate its at all to regard it. When the judge advocate effects, appeared to be clear and conclusive. had finished reading the charge, he made the The feelings of the audience, which in simiusual inquiry that was to frame the issue. At lar cases, when there is no hope of escape, this moment the whole assembly bent forward || always turn to sympathy, were audibly maniin subdued and painful silence to catch a word || fested on this occasion in behalf of the acof utterance from the lips of the prisoner. In cused; and even the stern voice of the presia clear and confident voice he plead NOT dent was softened down to tones of compasGUILTY. Witnesses were then called by the||sion, as he contemplated the lofty bearing of judge advocate and examined. One deposed, the doomed youth before him, and propounded that on the previous night at a little before the customary inquiry, "whether he had any twelve o'clock, he had seen an individual re- || thing to say why sentence should not be prosembling the prisoner, rowing across the North|nounced." river in a small boat; that he had watched In turning from the stand which had been him, and saw him land about half a mile be- occupied by the witnesses when addressed by low the Brisith outposts; that he had fastened the court, Dormer caught a glimpse of an old his boat to the shore and proceeded in the di- and wrinkled negro woman who had pushed rection of the camp until he lost sight of him. || her way through the crowd and was earnestly Upon being cross-examined by one of the watching every turn of the proceedings. At court, he swore to the identity of the prisoner, that instant, and for the first time during the although, at the time, he was in a different whole scene of the trial, a shade of embarrassdress. Another testified to the same facts, ment passed over his countenance. His eyes and also that the prisoner had questioned him fell, and he seemed for a moment struggling as to the station of the sentinels, and appeared with inward and intense agony. Was this sufto be very anxious for correct information.-fering produced by the interrogatory of the Two English soldiers were then successively called up, who deposed, that being off duty they were indulging themselves with a mug of beer at a small ale house, just within the

judge, recalling him to a sense of his danger, or did the sight of a shrivelled hag occasion it? All lookers on, probably without hesitation, attributed it to the first. They could not under

stand how at that time other considerations could affect him,-they did not observe advisedly his slow and stealthy survey of the crowd, as if fearful of encountering in his glance some objects whose presence could add to the misery of the hour. After a violent effort for mastery, the prisoner again anxiously scrutinized the countenances of those in the immediate neighborhood of the old woman, and then as if satisfied and relieved, resumed his composure and replied to the formal inquiry of the president. He admitted the correctness of the testimony that had been detailed, but denied the inferences that had been drawn from it. He emphatically declared, that his purpose in crossing the river had no relation whatever to military affairs, nor was in any way connected with the movements of the army.

He spoke with animation and an air of sincerity that could not fail to excite a belief of his innocence. The court felt the effect of his address and manner, and were disposed to concede to every latitude in his defence, in order to arrive at the truth of the case.

"You cannot expect," observed the president, "that the court can be influenced by your mere denial, in opposition to the express evidence before it. We are bound to decide according to the testimony in the cause, and all the concurring facts deposed to, indicate guilt. You have not attempted to reconcile them with the presumption of your innocence. Even this paper," continued the president, (holding up the cipher found upon the prisoner,) "remains unexplained. What is the meaning of the characters described on it. If it be not the result of your reconnoisance, which we are led to believe it is, and therefore proof conclusive of your guilt, furnish to the court the key by which they may decipher it."

VOL. 11.

induced his resolution was the fact, that he could not unravel the difficulty without the agency of others, and without bringing into public view matters of deep, private concern to himself, which could not be exhibited to the idle gossip of the vulgar without causing the most agonizing suffering to his sensitive bosom. After a brief pause of varied emotion, he calmly replied to the interrogatories of the court.

"I have no witnesses, nor do I expect that my simple denial will be of any avail before your tribunal. I spoke just now to answer your question, not to avert your judgment.

"Are you not what that button betokens?" said the president, (pointing to Dormer's coat.) "I am an American officer," was the reply.

"How long have you served in the rebel army?" inquired one of the associates. Dormer turned upon him a glance of scornful contempt, but said nothing.

"You are a young man," resumed the president, "and yet scarcely younger than the Marquis De La Fayette, who, I am informed, has been honored with the title and rank of Major General in the American army. Notwithstanding our colonial fellow subjects have become such thorough republicans, I doubt whether a plain untitled soldier of his age, without the magic of aristocracy, would have been so fortunate, even though an adventurer from sunny France. You, I presume, are not of so high a grade?"

There was a keen irony in the tones of the president, as he uttered these remarks, which did not escape the observation of Dormer.

"I am but a subaltern—an humble lieutenant in the army of the republic. The Congress of the United States in conferring upon La Fayette the rank he now holds, paid a tribDormer was fully sensible of the weight ute not to his long line of martial ancestry, that, unexplained, this piece of evidence must nor to his almost princely title, but to his zeal, have upon the minds of the court, and there- his unprecedented devotion, his sacrifices in fore hesitated a moment, in self deliberation as the cause of liberty. It may be true, that to the propriety of elucidating it. He was aware the circumstances of his birth afforded him that under the circumstances in which he then the means of rendering himself gloriously stood he could have no reasonable ground to conspicuous, but the use he made of them elecalculate upon an acquittal under a strict en-vated him beyond ancestral fame and laid forcement of the laws of war, however foreign his intentions might have been to any purpose connected with the campaign or operation of the army, inasmuch as he violated them by the very act of being found "lurking about a hostile camp in disguise;" and as the only effect of a public denouncement of the mystery would be to vindicate his own reputation from reproach, and recommend himself to the pardoning power of the British army, he concluded that it would be most advisable to resort to this expedient after the termination of the court. One great leading motive that

for him the foundation of a renown that will end only with our everlasting mountains."

The ardor with which Dormer spoke of this great benefactor of our country, convinced Sir Henry that so far from any jealousies having been created by the preferment of the young Marquis, it met with almost universal approval. This was a sentiment, however, which by no means accorded with the bent of his feelings; it was for a long time hoped that dissentions and disaffection would be stirred in the American army, in consequence of the appointment of foreigners to high command.

Young, ardent and ambitious, as he had no
doubt Dormer was, he expected a reply of a
different character, and far more consonant to
his feelings. Finding himself foiled and dis-
appointed, he changed the course of his inqui-
ries, and continued

"Did you enter the city alone?"
66
"I did."

"What was your motive in coming?"

My motives belong to myself. You have already said that I could not expect my own assertions to be received against the testimony or to explain it. I do not expect, and therefore I decline answering your question."

"Do your parents live in the city?"

My parents are dead," said Dormer in a hurried tone of much feeling.

277

On the evening of the day of the occurrences we have just related, in an apartment looking out on the gorgeous west, reclined on a damask ottoman a female of exquisite beauty. She was leaning upon her elbow, and her small and delicate hand supported a brow of Grecian mould, and purely white as alabaster. The parting sunbeams stealing through the aperture of the crimson curtain that overhung the window, rested upon her cheek in feeble rivalry of the roses that dwelt there, and curls of glossy jet fell neglected over her shoulders, and half concealed the thrilling outline of her features. From her,sudden starts at every noise that occurred, it might readily be inferred that she had long been anxiously expecting the arrival of some one The president conferred for a few moments in whom she took deep interest, and being with his associates, and then addressing him- wearied with her long vigil, had sought relief self to the prisoner, in whose behalf a strong || in the attitude we have described. She reand manifest sympathy had been excited, he mained but a short time in this position, and informed him that, in consequence of the late- then painfully unquiet, arose, in the full perness of the hour, the decision of the tribunal fection of her matchless symmetry, to look would be suspended until the morrow, and that out at the window. Long and anxious was another opportunity would be allowed him for || her gaze, until, satisfied that the object of her defence, if he should see fit to make one. solicitude was not to be seen, with a suppressed sigh, she resumed her seat upon the sofa. She took up a book that lay near her, and attempted to read, but the still unmoved direction of her eye showed that she gazed inwardly, and not on the lessons it taught.Throwing it down, she flew to her piano and ran over a tune of melody, but it soothed not her feelings. Suddenly rising from her seat, she seized her bonnet as if impelled by some sudden and desperate resolution, when a step was heard in the entry, and presently, the door opening, revealed the figure of the old negro woman resting on her cane, whom we have before introduced to the notice of the reader.

Dormer gently bowed to the court in token of his gratitude for their indulgence, and after an intimation to that effect by the president, he was conducted by the guard to his prison. The crowd dispersed, or collected in groups to talk over the particulars of the scene that had just passed before them, and, as on all similar occasions, each one was anxious to tell over to his companion what each had equally witnessed. There was one, however, of that thronged concourse, who, though she understood the changes of the scene best of all there, except the prisoner himself-neither stopped to tell what she knew, nor to make other than a single brief inquiry of one of the guards. This was the old negress, who had so much disconcerted the prisoner when his eye first fell upon her. As soon as he was led off by the guards, she was seen hurrying || as fast as her cane and the reumatism would permit, down one of the narrow alleys that led to the interior of the city, until turning a corner she was lost to the view.

"O, Phœbe!" exclaimed Agnes Pointois, (for that was the name of our heroine,) "how could you stay so long? Where is Ratcliff? is he safe? Did you go over to the American camp to see that nothing harmed him on his return? That was kind, very kind of you.But you are tired after so long a walk-come sit down here, and I will sit beside you.Now, tell me all about your journey.",

New York, whose harbor is now whitened During these questions and commands of with the canvass of the world, presenting as Agnes, which followed in rapid succession, you look far out to sea a centre for the argo- the old woman, almost breathless from her sies of every clime to converge in-even at recent exertions, attempted no reply; but after this period gave promise of the importance to being seated a moment beside her young miswhich she has arisen; but the limits of the tress, whose sole confidant she was in a matcity were then far more circumscribed, and ter that was intimately intervoven with her the adjacent country which at this day em- all of happiness, she collected together her braces the busiest portion of that mighty em-scattered senses to communicate the importporium, was studded with the summer resi-ant intelligence with which she was charged. dences of many of the opulent citizens. It is to one of these mansions situated just without the suburbs of the city, not far from the British camp, that our story now turns.

But the opportunity was too favorable for garrulous old age to forego its privileges, and therefore Phoebe began to detail her persona ills and weariness.

"Here, here," said Agnes, snatching from a table near at hand a glass of cool water, “drink this, and then tell me where you have been, and if Ratcliff is safe. Do, dear Phœ- || be, tell me quickly."

"You must give me time," said Phoebe, "for I have a heap of things to tell."

"Do then begin," said Agnes, imploringly; "did you see him put off into the river?"

Phoebe shook her head and said nothing; but the expression of her eye conveyed to the mind of her fair mistress a mournful presentiment of the truth. The rich blood which had been struggling to escape through her cheeks fled back to its citadel. With altered tone she bade her domestic repeat to her all she had seen and heard, who now related the terrible truth. In the calm predominance of intellectual superiority, she met the shock, and partially recovering her composure, pursued her inquiries.

“And you say Ratcliff has been accused of being a spy, and is confined in prison because he will not explain the paper and tell the object of his coming to the city at this time?"

VOL. II.

United in heart by the sanctifying ligament of first love, Ratcliff Dormer and Agnes Pointois, a few months previous to the occupation of the city of New York by the British, had mutually pledged to each other their lasting affections; and became, in the common phrase of the day, engaged. Little anticipating the difficulties that afterwards obtruded themselves, they had fixed upon the day of the scene we have described, for the celebration of their nuptials. No parental obstacles interfered to prevent their union. Ratcliff was without father or mother, both having died whilst he was a mere boy, and left him the heir of an ample fortune. As soon as he passed his minority, he had entered the army, and by his bold and manly bearing, had quickly won the esteem and confidence of his compatriots. Agnes had lost her mother a few years previous to the events of this story, and reigned in her father's princely mansion as its sole mistress. She was his only child, and the object of his tenderest solicitude.

The strict guard which the English maintained, prevented all communication by letter between the lovers-and on the evening "Yes, miss, I reckon dat is bout de amount previous to the appointed day, Ratcliff reof it, and I had a good mind to tell dem sogers solved upon the rash enterprise of passing dat set upon de bench and ax'd questions, as the river in the night, by a circuitous route how de paper was a lub letter, and dat mass with which he was familiar, and of renewing Rutcliff comed over here to git married to you, the pledges of their vows, to be redeemed case you was 'gaged to him a long time, but when brighter auspices smiled upon them. den mass Ratcliff would'nt say so hisself, and He succeeded, by evading the stations of the so I thought I oughtn't. He know'd it as well sentinels, in seeing his bethrothed; and in as me. La me! lovyers now a days aint no- the presence of old Phœbe, who was the heirthing like so free spoken as dey used to be, in loom of the family, and the sole and especial my time. But may be it's prudent," contin- confidant of her love, new arrangements were ued the old woman with a sigh; case de la- entered into, and a cipher agreed upon for dies is so fickle. Dey sometimes change deir correspondence-a copy of which he preminds now and fall in lub wid a new face ar-served, and which proved a pregnant source ter de weddin garment is made up, and de of difficulty-as we have seen in the trial.— day ob de union fixed upon. But perhaps dis After a few hours of happiness in the presis all right-yes, yes, 'tis all right. If deir ence of Agnes, he tore himself from her sominds can change, better change before de ciety; and in returning to his camp was capceremony dan arter-better before dan arter; tured. better for both of dem; but more 'specially de gent'man.

66

It appeared that he had not observed the caution which had marked his coming, but had trodden recklessly in the very view of the enemy-thus verifying the comparison, that the excited lover is like a somnambulist, who walks through the world with his eyes open, but their sense dead to all outward objects. Ratcliff was engrossed with the thought of Agnes, and no longer dreamed of an enemy or danger.

Agnes was wrapped in thought with the intimation thrown out in the first part of Phoebe's answer, and without hearing the latter or unheeding it if she did, consoled herself with the belief that she possessed the power of extricating him from his difficulties, by clearing up, as she resolved to do, the mystery that hung over the object of Ratcliff's visit to the city. In reflecting upon his con- The information gathered from Phœbe, that duct, she dwelt with infinite pleasure upon guilt had been inferred from the manuscript the delicacy and tenderness which he had in cipher, and the refusal of Ratcliff to exmanifested in refusing to mention her name plain the object of his coming to the city, debefore that promiscuous crowd, as if in his termined Agnes to go herself in person to Sir estimation it were too sacred for vulgar ears,|| Henry Clinton, and reveal to him the whole and suppressing the part she bore in the pur-matter without disguise. Having made up poses of his visit, even at the peril of his life. "her mind on this point, and drawn from it

No. 12.

The American Spy.

279

within sight or hearing, took place then as now. Soon after the signal we have mentioned was given, the whole city grew vocal with the cry of the debtors' prison. It was there the fire had commenced; and in fifteen minutes after the alarum, an immense concourse of people had collected around it. At the first glance, an experienced eye would have seen that there was no hope to save it. The fire had begun in one of the lower apart

considerable relief, she again questioned the old woman concerning the particulars of the trial; but could learn nothing further than that Ratcliff was confined for the night in the debtors' prison, and that the trial would be resumed in the morning at ten o'clock. Satisfied that no further information could be acquired, she immediately sought out her father, and communicated to him the tidings she had received. She found no difficulty in enlisting him in her cause; but at his urgent soli-ments, and having consumed all its wooden citation postponed the hour of the visit to Sir appendages, had rushed up the main stairway, Henry until early on the following morning. and burst through the roof. All the prisoners This arrangement being made, Agnes re- had been timely released from their perilous tired to her chamber-but not to sleep. The prison walls, with but one exception, and that shades of evening had already thickened into was the captured spy, who, as we have before darkness. She threw up the casement, and mentioned, was lodged for the night in this leaning on her elbow, looked out on the gorge- strong hold. The key of his cell had been ous heavens. Alone and sick at heart with taken out of the jailor's hands and was in the the calamity which had fallen upon her, she possession of the officer of the guard, who bemeditated on the painful reality of the change||ing at some distance from the prison when which had come over the spirit of her exist- the fire broke out, did not arrive until all acence. Her life had hitherto been all sun-cess to the upper apartinents in which the shine. Too young at the death of her mo- spy was confined, had been entirely cut off ther to be much affected by the loss, un- by the devouring element. A ladder was til that hour she had scarcely been able to immediately procured, and placed against the comprehend the meaning of misery. But the side of the building reaching to his cell, and interpretation of it was written for her with he was loudly called upon to descend; but a pencil of light now-and in the agony of his solitary window was doubly grated with her feelings, she felt as if the bonds which bars of iron, and he could not get out to avail connected her with society were rent asun- himself of the facility offered. A brawny and der, and that she was desolate. How natural dauntless citizen rushed up the ladder with is it for those who have been blest with unin- a huge hammer in hand to release him; but terrupted prosperity, to surrender and be ut- after striking a few ringing but ineffectual terly miserable upon the first heavy visitation blows upon the bars, the heat became too inof misfortune; and a sense of lone and uni- tense for sufferance, and he was compelled versal abandonment, is the shape the feelings to descend. The spectators then stood powusually assume under such circumstances.- erless and appalled at the speedy and horriThe stillness of the night, and the bright ble death that awaited their fellow being, quiet stars that twinkled in the heavens add- with whose character they were unacquainted to the melancholy of Agnes, until, in the ed; and the anxious question was askedfulness of her grief, she found relief in a flood who is it?-and the answer circulated and of tears. grew louder with the mingling of voices, until it gathered into a shout like distant_thunder-"It is the captured American. Let us save him, countrymen, for liberty and the States." The appeal went up from a thousand tongues, and a mass of the spectators, as if by concert and for some purpose connected with the object now in view, rushed down the several streets leading off from the prison. At this moment a stir was made in the rear of those that remained, and a female, enveloped in a large cloak, pressed forward with frantic agitation to the front line.

New York was now buried in sleep-and the watchman and his rattle were the sole occupants of the streets,--when a stream of flame shot up towards the skies from a remote part of the city. Quickly it increased in volume, and shed a fitful glare upon the surrounding houses; when the alarm bell announced a fire!

"Ratcliff," exclaimed the unknown stranger, in a tone of deep and wild melody, "Ratcliff-will you not hear me?-Oh, God! how utterly miserable I am! Speak to me Ratcliff

Sixty years ago, that sense of security which has since been effected by the organization and discipline of engine companies, was unknown to the inhabitants of our largest cities; and the most that was expected in case of an alarm of fire, was to prevent the destructive element from communicating to the adjoining houses. In other respects, a fire at that period exhibited pretty much the-come to me." same appearances as at present. The same "I cannot, Agnes," rejoined the prisoner, noise, the same confusion of tongues, and the (for it was his betrothed that had thus braved same gathering together from every quarter" the perils of the night;) "I cannot escape.