"He couldn't help himself," returned Frank. "The law compels him to allow his men to go ashore at every port at which the ship may touch to lay their complaints, if they have any, before our representative; or, if there is any good reason why the men cannot go ashore, the captain must bring the consul aboard to see them, if they demand it."

If there was anything in which Frank was particularly well posted, it was the law governing the duties of consuls, as some of our representatives in foreign countries are called. The attorney with whom he had been studying in Lawrence, had political aspirations, and had at one time expected to be appointed consul for some port in the Mediterranean. If he had succeeded in his object Frank would have gone with him as assistant and clerk. He did not wish to accept any situation with whose duties and responsibilities he was not familiar, and in order to fit himself for it, he had obtained a copy of the Consular Regulations, which he had thoroughly mastered. It is a part of the consul's duty to care for destitute, discharged and deserting seamen, to stand between foremast hands and tyrannical officers, to protect officers from and punish mutinous sailors, and Frank knew the law bearing upon every case that could possibly arise.

"The consul is obliged to listen to any and all complaints," continued Frank. "He measures them by the law bearing upon them, and he can discharge the crew on complaint of the officers, or he can discharge the officers themselves on a well-founded complaint from the crew."

The sailors opened their eyes and looked at one another. They had never dreamed that they had so many rights, or that there was a law enacted on purpose to protect them.

Just then the whale-boat came in sight again, rounding the stern of the Tycoon. She turned her bow toward the Stranger, and the quartermaster, after looking at her through his spy-glass, said there was a man in the stern-sheets dressed in gray. "That's the cap'n," exclaimed the deserter, in great alarm. "You won't let him take me back, sir?" he added, in a pleading voice.

"I can't prevent your lawful captain from taking you wherever he may find you," answered Uncle Dick; "but hold on, now, till I get through," he added, as the man began to back toward the rail as if he were about to take to the water again. "I'll give you a chance to save yourself. Call away the cutter, Mr. Baldwin, and send this man ashore."

"Thank you, cap'n, thank you," said the sailor gratefully, and with tears in his eyes. "A prosperous and pleasant voyage to you and your mates, sir. What shall I do when I get ashore, sir?" he continued, looking at Frank.

"Go to the nearest justice and take out a warrant against those officers for assault and battery," was the reply.

The boatswain's mate and the rescued man looked as if they did not quite understand. "You must know, sir," said the latter, doubtfully, "that all this beating and pounding was done on the high seas."

"Well, what of it? When one man, without any provocation, handles another as roughly as you have been handled, he is answerable to the law, no matter whether the offence was committed on the high seas or on the land."

"Come now, off you go, my man," said Uncle Dick. "The cutter is ready, and you've no time to lose. Yes, go with him and take charge of the boat, Lucas," he added, anticipating the request that the old boatswain's mate was about to make.

"And whatever you do, don't let those blubber-hunters catch you," said Eugene, in a low voice. He wanted to say it aloud, so that the cutter's crew could hear it; but knowing that Uncle Dick did not allow any interference with his men, he checked himself just in time.

The cutter's crew were all in their places, and there was a determined look on each man's face which said as plainly as words that the "blubber-hunters," even if they succeeded in overhauling them – which was not at all unlikely, seeing that the whale-boat was built for speed, and was pulled by a crew who were kept in excellent training by almost daily practice at the oars – the deserter should never be taken from them. Uncle Dick seemed to read the thoughts that were passing through their minds, and as he looked at the sturdy fellows, who had thrown off their caps and rolled up their sleeves in preparation for a long, hard pull, he remarked to Frank that he would not care to be in that whale-boat if she succeeded in coming up with the cutter.

CHAPTER III
A SEA LAWYER

THE cutter's bow swung away from the schooner as soon as the boatswain's mate and the rescued man were fairly seated, the oars dropped into the water, and then began a race that promised to be as exciting as even Eugene could have wished it. The boys once more ran up the rigging, so that they could watch both contestants. The whale-boat certainly had the better crew, and, although she was propelled by only five oars to the cutter's eight, she seemed to move two feet to the other boat's one. Especially was this the case when the man in gray, who was standing in the stern-sheets holding the steering-oar, became aware of what was going on. As soon as he saw the cutter moving away from the Stranger he comprehended the situation, and giving utterance to some heavy adjectives, which by the time they came to the boys' ears sounded a good deal like oaths, ordered his crew to "Pick her up and run right along with her." They responded promptly, and sent their boat through the water at such a rate that Uncle Dick became uneasy at the prospect of a collision between her crew and the cutter's.

"I shouldn't think there would be any danger," said Frank. "There are eleven men in our boat, counting the deserter, and only six in his."

"But there is no officer in our boat," said Uncle Dick, "and this man being a captain, will expect our crew to obey his orders. I am really afraid he will be disappointed."

Frank, remembering the savage and determined expression he had seen on the face of every one of the cutter's crew, was quite sure he would be.

In a few minutes the whale-boat came close aboard the schooner, and dashed by under her bows. Her captain was furious, his face showed that. He ran his eye over the men on the Stranger's deck, and picking out Uncle Dick at once as the commanding officer, said, as he nodded his head to him —

"Fine business you're in, sir! helping men to desert. If there is a law on shore I'll see you again, my good fellow!"

Uncle Dick simply smiled and touched his hat, and the whale-boat passed on. As she was going by, the sailors enacted a little pantomime of their own. They had clambered out on the bowsprit to see the race, and when the captain of the whaler was through threatening Uncle Dick, they glanced toward the quarter-deck, to make sure that none of their officers were observing them, and then leaned over and shook their fists at the angry man. One of them hugged his cap under his arm and beat it furiously with his clenched hand, nodding pleasantly to the captain the while, as if to indicate that it would have afforded him infinite satisfaction if the captain's head had been in the place of the cap. The boys, from their lofty perch in the main rigging, saw all that passed, and smiled at one another, but said nothing; for they knew that if the performance came to the ears of Uncle Dick, who was a very strict disciplinarian, every one of the sailors who took part in it would be sent to the mast.

[The "mast" is to a sailor on board ship, what the "library" is to a refractory boy on shore. It is there that culprits are sent to be reprimanded, if their offence be a slight one, or sentenced if they have done something deserving of punishment.]

Although he might laugh over it afterward in the privacy of his cabin, he was not the one to pass lightly over an insult to a shipmaster when in performance of his duty, no matter how great the provocation.

All this while the cutter's crew had been exceedingly busy, and now loud calls were heard from the boys on the cross-trees for their field-glasses. They did not want to miss a single incident of the race. Frank, who up to this time had remained below with Uncle Dick, went into the cabin after the glasses, and mounting the rigging, joined the group on the cross-trees. "Who's ahead?" he asked.

"O, the cutter," replied George Le Dell. "There is more in that crew than I thought. They'll land their man safe enough."

And George was right. The cutter reached the wharf while the whale-boat was yet twenty yards away, and no sooner did she swing broadside to it than the deserter was lifted in the strong arms of the coxswain and boatswain's mate and fairly thrown ashore. He jumped to his feet and disappeared in less time than it takes to tell it. A few seconds later the whale-boat landed and the captain sprang out and started in pursuit, not, however, without saying a few words to the cutter's crew, which he emphasized by shaking his fist at them. If any of the men replied, our young friends at the cross-trees saw nothing to indicate it.

The sailors pulled back slowly, for their long, hard pull had wearied them, and when they reached the schooner and clambered over the side, the boys saw that their faces were flushed, and that some portions of their clothes looked as though they had been dipped in the bay. The boatswain's mate went aft demurely enough to report the safe return of the boat, but when he made his way forward again, and glanced up at the boys, with whom he was an especial favorite, they saw that his jolly countenance was wreathed with smiles, and that his broad shoulders were shaking with suppressed mirth. He and the cutter's crew were proud of the exploit they had performed. The fun and excitement being all over now, the boys seated themselves in a circle on the cross-trees to discuss the incidents that had just transpired.

"Now just listen to me a moment, Frank, and I'll ask you a question," said Perk. "Can that brutal fellow do anything to Uncle Dick for assisting his man to escape?"

"If you should see me assaulted by ruffians who were getting the better of me, and should rescue me from their clutches, could they do anything to you in law?" asked Frank, in reply.

"Certainly not."

"The same law holds good on the sea. Some people have a very mistaken idea of things. They insist on a landsman's right of self-defence, but deny the same to a sailor. Even sailors themselves think that because they follow the sea for a livelihood, they are debarred from exercising the very first law of our nature."

"Hear! hear!" cried Archie.

"Silence in the court-room!" exclaimed Featherweight, assuming a fierce frown. "Hurrah for free trade and sailors' rights, the motto on – on – somebody's flag! Proceed, brother Nelson. State the case to the jury."

Frank laughed as heartily as the rest for a few minutes, and continued:

"Sailors know that resistance to an officer, or even an attempt to spread dissatisfaction among the crew of a vessel, is called mutiny; and they know, too, that men have been hanged in the American navy for that very offence."

"See Cooper's Naval History for an account of the mutiny on board the United States brig-of-war Somers, in 1842," said Bab.

"That was the very circumstance I had in my mind," returned Frank. "Sailors know all this, as I was saying, and consequently they are afraid to call their souls their own. They suffer in silence, unless they are driven to commit suicide during the voyage, and when they get ashore forget it all, or make a feeble attempt to punish their tyrants by process of law, but they soon give it up, for at the very outset they find an insurmountable obstacle in their way. Before they can convict they must prove three things – that the punishment they received was cruel and unusual; that it was inflicted without any just cause; and that the occasion of it was malice, hatred, or a desire for revenge on the part of the officer who punished them. Now, no living being can prove this last accusation against another, for in order to do it he must be able to read his fellow-men as he would an open book, and see what is passing in their minds; and even that would do him no good unless he possessed the power to make the judge and jury who try the case see the matter just as he does."

"Suppose this deserter could prove his complaints against the master of that whaler," said Walter; "what would be the penalty?"

"One thousand dollars fine and five years in the state prison."

"And I hope he will get it all," said Eugene.

"Well, if it is so hard for a seaman to obtain satisfaction at law, what ought he to do when he is abused at sea?" asked Bab. "I understood you to say he had two remedies, and you have given only one."

"Well, there is another," said Frank. "He and his companions ought to club together, take the ship out of the hands of her officers, confine them in the cabin, and make for the nearest port, if they are navigators enough to find their way there."

"Yes," exclaimed Archie, "and swing for it the moment they reach the shore."

"No, sir. The case has been tried in the courts more than once, and would be tried oftener if sailors only knew their rights. As far as any risk I might run is concerned, I would not be afraid to belong to such a crew and take part in just such a proceeding."

"Well, I don't want you to get into any such scrape," said Archie; "I should never expect to see you again."

"I have no desire to win notoriety as a mutineer, I assure you," replied Frank, with a laugh. "As his Honor remarked" – here he waved his hand towards Featherweight, who bowed gravely – "I was only discoursing on sailors' rights."

"There," said George, as the boatswain's whistle rang through the schooner, followed by the order, given in a very hoarse voice, "Away, you gigs, away!" – "the captain is going ashore. Hadn't we better go down and keep Dick Lewis and Bob company? The old fellows will be lonely."

"That means business," said Eugene. "Uncle Dick is going ashore to see about the stores. It will not be long now before we take leave of Fr'isco."

"And what will be our next port?" asked George.

This was something that had not yet been decided, and if one might judge by what the boys said while they were descending to the deck, there was a prospect of a lively debate if the matter were left to them. Eugene wanted to go straight to Alaska. Bab, who had lately been reading "Reindeer, Dogs and Snow-shoes," was in favor of that, provided they could afterward go across to some port in Siberia and stay there long enough to see a little of the wild life in which he had been so much interested. Perk would agree to all that, in case they could stop on the way and give him a chance to try his hand at salmon-fishing in the tributaries of the Columbia river. Fred had seen quite enough of snow and ice, and thought he could have more sport in a warm country. He wanted to go to Japan. Walter said he was strongly in favor of that, for after they had seen all the sights in that country they would probably go to India, and that was what he wanted. He was impatient to ride on an elephant and see the famous Indian jugglers and serpent-charmers. Every boy wanted to go somewhere, but the trouble was that no two of them wanted to go to the same place; and Frank wondered how the matter would be decided. How astonished he would have been to know that the man in gray, who had just gone by in the whale-boat, was destined to decide it for them!

The boys spent the rest of the day in company with the trappers. Nothing more was said on the subject which had for a long time been uppermost in their minds, for the tone in which Dick's answer had been given satisfied them that it was final. The boys were all sorry, for they had become greatly attached to these two good-natured, ignorant fellows. They had been of great service to them – beyond a doubt they had saved Walter's life – and they could not but miss them when they were gone. The cousins especially would have been glad to postpone the parting moment had they possessed the power. It was not at all likely that they would ever see the mountains or the prairie again, and even if they did, the chances that they would find their old friends, the trappers, were not one in a thousand. Their meeting with them had been purely accidental this time, and it was not probable that such a combination of circumstances would ever occur again.

About supper-time Uncle Dick returned and reported that all arrangements had been made. The schooner was to be hauled alongside the dock in the morning, and they would go out with the turn of the tide. Where were they going? He didn't care. The world was before them, and when the boys had made up their minds what portion of it they wanted to see first, they could come to him with their decision. He wasn't going to bother his head about it, for he had other matters to think of. Eight o'clock the next evening would see the Stranger under way, and if the boys had any business ashore they had better attend to it the first thing in the morning.

Uncle Dick retired at an early hour, as he always did, and the boys had the quarter-deck all to themselves until eleven o'clock – or rather they had it in company with the second mate and the quartermaster on watch. A few "primary meetings" had been held immediately after supper, but they amounted to nothing. Each boy knew upon whom he could rely to second any motion he might make, but he was not so certain of the number of votes he could raise in support of it. During the two hours' conversation that took place after Uncle Dick went to bed, Fred Craven arose six times – that is, once every twenty minutes – and said gravely,

"I move you, Mr. President, that the captain of this schooner be requested to take her directly to some port in Japan."

"I second the motion," said Frank, who was speaking for Walter.

"Gentlemen, you have heard the motion," said Walter. "Are you ready for the question?"

"Mr. President," said Eugene, "I move to amend by striking out Japan and substituting Alaska."

"Second the motion," said Bab.

"You have heard the amendment. Are you ready to take action upon it?"

"Now just listen to me a minute, Mr. President, and I'll tell you what's a fact," said Perk. "I move to amend by striking out Alaska and substituting Astoria in Oregon."

"I second the motion," said George, who, being a devoted disciple of old Izaac Walton, was as fond of fishing as he was of sailing.

"Mr. President," said Archie, "I move to amend – "

"The gentleman is out of order. An amendment to an amendment is proper, but not an amendment of an amendment to an amendment."

When affairs reached this pass a hearty roar of laughter would come up through the open cabin windows, showing that there was an interested and amused listener in the person of Uncle Dick, who having gone to bed, leaving his state-room door ajar, could hear all that was said. Then speeches were made, some long and others witty, and all showing the training the boys had received in their debating societies. Eugene was particularly long-winded. According to Featherweight "he talked all manner of what," and spouted away on subjects that had not the slightest connection with the question under discussion. He talked eloquently about the American eagle, the war of 1812, and the stars and stripes, and dwelt long on the rights of sailors and other free-born citizens. He said afterward that if he couldn't gain his point any other way, he would tire his audience out, and compel them to vote for his amendment just to get rid of him. But the boys listened patiently and without once interrupting him, except by applause when he grew particularly eloquent, and the young orator finally tired himself out and took his seat in disgust. Everything was voted down; so they were no nearer a decision than they were before. There was one point, however, on which they were all agreed when the meeting broke up at eleven o'clock, and that was, that they had enjoyed themselves, and that their jaws and sides would be sure to ache for a week to come.

During the afternoon the boys had held a consultation with the boatswain's mate, who had promised to take the trappers under his especial charge during the night, and to report the first man who attempted to play any tricks upon them. After the meeting broke up the boys went forward with their friends to see them safely stowed away in the forecastle. The sailors were all up and waiting for them – not a man had yet turned in. The best bunks in the forecastle had been given up for their use, and the beds that were made up in them would have looked very inviting to almost anybody except our two backwoodsmen. Having been all their lives accustomed to sleeping on the hard ground, with nothing but a blanket or the spreading branches of some friendly tree for protection, they wanted plenty of air and elbow-room. They hesitated when they looked into the little forecastle, and drew back and shook their heads when invited to enter. Archie finally effected a compromise by bringing up a couple of blankets and spreading them on the deck near the windlass. This being perfectly satisfactory, the boys bade the trappers good-night, and went away, leaving them to the tender mercies of the sailors.

There was not much sleeping done among those foremast hands that night. They did not play any tricks upon their guests – indeed there were not many among them who would have had the hardihood to attempt it, after taking a good look at the stalwart fellows – but they crammed them "chock-a-block" with such wild stories of the sea that the trappers grew more alarmed than ever, and wondered greatly at the recklessness of the men who would willingly encounter such dangers. They told about mermaids, sea-dragons and serpents; of Vanderdecker's ghostly ship, the Flying Dutchman, which was rushing about the ocean with the speed of a railroad train, running down and sinking every craft that came in her way; of monstrous cuttle-fish which would sometimes arise suddenly out of the depths, and twining their long arms about a ship, sink with it and all the crew to the bottom; and one of the men declared that he had actually met and been swallowed by the same whale that took Jonah in out of the wet, hundreds and thousands of years before, and to prove it, exhibited the tobacco-box which had dropped out of Jonah's pocket when the whale threw him ashore. This is a staple forecastle yarn, and every one who has had an hour's conversation with a sailor, has probably heard it; but it was new to the trappers, who listened with all their ears and with unmistakable signs of terror on their faces. The simple-hearted fellows believed every word, and when the conversation lagged for a moment, spoke of the magnet Eugene had shown them, and the use for which they supposed it was intended.

This started the sailors on a new tack, and the stories that followed were more wonderful than those which had just been told. There was not a sailor on board the Stranger who had not seen some unlucky vessel tumble off the under side of the earth, her magnet proving too weak to sustain her weight; and there were two or three who had belonged to the crews of those very vessels, and who had been saved by a miracle.

The night was passed in this way, and it was daylight before the trappers lay down on their blankets to rest, but not to sleep. They could not sleep after hearing of such wonderful adventures and talking face to face with the men who had taken part in them. If they had not already made up their minds to lose no time in seeking safety among their native mountains, they would have done so now.