And the speaker had a big job on his hands.
The gavel sounded now and again. Someone, with a pious view of making bad worse, was calling attention to the anti-dueling legislation. Another reminded Mr. Kinsard of his “sacred obligations” to his constituents, to the people of Tennessee, to the House, all of which seemed to have escaped him for the moment. Kinsard’s colleague had sprung forward, recovered the somewhat ridiculous glove, and, crumpling it up, put it into his own pocket. He succeeded in attracting the attention of the chair and of the House. He wished—he spoke in a labored way, with a pause between each phrase, and a rising inflection—to remark that the House was disposed to take a great deal on trust. The gentleman had not given any challenge. Did a member ask what that glove meant, then? Why, defiance! Dueling was with a deadly weapon; deadly weapon was of the essence of the offense. The gentleman might have preferred to have a round or two at fisticuffs, or, perhaps, simply to engage in debate. (Derisive cries and laughter.) Defiance only! It was a breach of all the proprieties to mention the anti-dueling laws in this connection. Too much taken for granted, Mr. Speaker. If I should be heard to say to a man that I would see him before dinner, it would be highly preposterous to have me arrested. We might be going to kill each other, it is true, but then, again, we might be only going to “smile.”
The speaker sat listening gravely, much wishing to further the acceptance of this view, for he considered the demonstration mere boyish wrath and folly. He made strong efforts for the adjustment of the difficulty. Harshaw rose presently, and begged to call attention to the fact that he had named no names, had given no intimation as to identity. He had spoken indefinitely, and the gentleman had insisted upon revealing himself. He would say that he desired to provoke no quarrel; he had no ill-will to the gentleman in question. He begged to withdraw what he had said, and he tendered his apologies.
Kinsard, under the pressure that was brought to bear, could hardly do less than accept them, and thus, it seemed at the time, the matter ended.
It had been a stormy evening for Harshaw. He was, however, well accustomed to contention. It was not this that irked him; he writhed under the sense of disadvantage, of being brought in propinquity to defeat. He was a man not susceptible of the finer emotions of success, of gratulation because of the thing attained rather than the plaudits of attainment. His sensibility to achievement was manifested in a certain sordid inversion of values. He made popularity, position, social opportunity, political preferment, the end of mental supremacy, rather than its humble incident. And thus it was that, rough as he was, courageous, obstinate, full of rugged nodules of traits, hard, strong, but limited, there was no solid substratum of absolute sincere purpose in his nature, no bed-rock impervious to all infiltration of temptation, all extraneous influence; whatever he might build would fail at the foundation.
His world had changed to him in some sort during the short hours since the darkness had fallen. He strode into the hotel feeling a different man. He found it necessary to assert himself. All the fight in him was on the alert. He cared little for Kinsard or for the scene itself in the House, but it was peculiarly obnoxious to him that it should have been another chance allusion to the man he hated which precipitated the collision. He revolted from the fact that it might seem a reiteration of the lesson received earlier in the evening. He knew that many commented upon the coincidence, and that doubtless he was recommended to leave Gwinnan alone. Now submission was not what he was prepared to offer. He preferred that it should seem a persistent attack on Gwinnan. Once more he returned to the charge.
He was serious, lowering, formidable. He did not go at once to his room, as the lateness of the hour might have impelled him. He was quick to observe the faces of the legislators about: some were merely curious; others held a half-cloaked triumph; and still others an open gloating satisfaction. It was with a manner which was a distinct replication to all three manifestations that he lounged about the reading-room with a striding gait, his hat on the back of his head, his hands in his pockets, and his cigar fast between his teeth. He finally threw himself into a chair by the table before the open fire in the inner room, and said in a meditative undertone to a gentleman with whom he had sufficient association to make it seem a confidence to a friend, “I reckon I’ll have to write to Judge Gwinnan.” The others heard it, however, and it was to several that he read the letter when it was completed. They thought it very bold; to show that it was not empty bluster, but written with all the sincerity of immediate intention, he rang for a bell-boy, and dispatched it in their presence to Gwinnan’s room.
That gentleman’s physician still urged his patient to cultivate a more vivid interest in life, in passing events; to seek to absorb himself; to rouse himself. Mr. Harshaw’s letter very effectually compassed this result.
The writer begged to call Judge Gwinnan’s attention to sundry facts which he proceeded to set forth in due detail. He premised that he would endeavor to take no other notice of an insult offered him by a man who was virtually at death’s door, and who might uncharitably, perhaps, be supposed to have taken advantage of that circumstance; such as the advantage was, he made Judge Gwinnan most heartily welcome to it. In defense of his reputation for veracity, however, he felt it necessary to state his authority, besides his own observation, for saying that Judge Gwinnan had taken such notice of a very beautiful girl, who was a witness, as to render her lover, who was the prisoner, wildly jealous, and to result in the injuries from which Judge Gwinnan was now unfortunately suffering. His authority was the deputy sheriff and the two guards, to whom the prisoner stated these facts, swearing that he would get even with Judge Gwinnan. Mr. Harshaw begged to remark in addition that he fully realized that he was ill advised in saying he would like to introduce a resolution to impeach Judge Gwinnan. He knew that the action of a court in a matter of contempt committed in the presence of the court is wholly a matter of judicial discretion not liable to be reviewed by the court above, and therefore it should have been free from impotent criticism, which could avail naught to either counsel or prisoner, who have absolutely no resource nor recourse. He deeply regretted his words, and their futility.
The mock apology, which had been highly appreciated by the coterie in the reading-room, the whole tenor of the letter, the revelation which it made, had important results to Judge Gwinnan, who was accustomed to deal with larger motives and finer issues than Harshaw’s wrath or satire could furnish.