Volume 1 - Chapter 2. His Father's First Love-Affair

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_ VOLUME I CHAPTER II. HIS FATHER'S FIRST LOVE-AFFAIR

Many a time and oft in our walks and talks has Eugene Field told me the story I am about to relate, but never with the particularity of detail and the authority of absolute data with which I have "comprehended it," as he would say, in the following pages. It was his wish that it should be told, and I follow his injunction the more readily, as in its relation I am able to demonstrate how clearly the son inherited his peculiar literary mode from the father.

It may be said further that, had the remarkable situation which grew out of Roswell M. Field's first marriage occurred one hundred years earlier, or had it occurred in our own day in a state like Kentucky, it would have provoked a feud that could only have been settled by blood, while it might readily have imbrued whole counties. Even in Vermont it stirred up animosities which occupied the attention of the courts for years, and which the lapse of nearly two generations has not wholly eradicated from the memory of old inhabitants. In the opening remarks of the opinion of the Supreme Court, in one of several cases growing out of it, I find the following statement: "It would be inexpedient to recapitulate the testimony in a transaction which was calculated to call up exasperated feelings, which has apparently taxed ingenuity and genius to criminate and recriminate, where a deep sense of injury is evidently felt and expressed by the parties to the controversy, and where this state of feeling has extended, as it was to be expected, to all the immediate friends of the parties, who from their situation were necessarily compelled to become witnesses and to testify in the case."

In the relation of this story I shall substitute Christian names for the surnames of the parties outside of the Field family, although all have become public property and the principals are dead. The scene is laid in the adjoining counties of Windham and Windsor in the Green Mountain State, and this is how it happened:

There lived at Windsor, in the county of the same name, a widow named Susanna, and she was well-to-do according to the modest standard of the times. She was blest with a goodly family of sons and daughters, among whom was Mary Almira, a maiden fair to look upon and impressionable withal. Now it befell that Mary Almira, while still very young, was sent to school at the Academy in Leicester, Mass., where she met, and, in the language of the law, formed "a natural and virtuous attachment" with a student named Jeremiah, sent thither by his guardian from Oxbridge in the state last before mentioned. They met, vowed eternal devotion and parted, as many school-children have done before and will do again.

After her return to Windsor, Jeremiah seemingly faded from the thoughts of Mary Almira, so that when she subsequently accompanied her mother on a visit to Montreal, she felt free to experience "a sincere and lively affection" for a Canadian youth named Elder. So lively was this affection that when Jeremiah next saw Mary Almira it had completely effaced him from her memory. Nothing daunted, however, being then of the mature age of eighteen years and eight months, and two years Mary's senior, he resumed the siege of her heart, and in short order their engagement was duly "promulgated and even notorious."

Before Mary succumbed to the second suit of Jeremiah, she waited for a pledge of affection from young Mister Elder in the shape of an album in which he was to have forwarded a communication, and it was "in the bitterness of her disappointment at not receiving a letter, message, or remembrance from Mister Elder that she formed the engagement with Jeremiah, in order that she might gratify her resentment by sending the news of the same to Mister Elder." This she did with a peremptory request for the return of her album without the leaves on which he had written. What was her chagrin and unavailing remorse on receiving the album to find that every leaf was cut out but one, a mute witness to her "infidelity to her early lover." Small wonder that "her tenderness revived," and "she cursed the hour in which she had formed the precipitate engagement with Jeremiah, and oftentimes she shed over that album tears of heartfelt sorrow and regret." At least so we are told in the pleadings, from which authentic source I draw my quotations.

Now Mary was nothing if not precipitate, for all this came to pass in the spring or summer of 1831, when she was not quite sweet seventeen. It also happened without the knowledge or concern of Roswell Martin Field, who was a young and handsome bachelor of quick wit and engaging manners, living at Fayetteville in the neighboring county, "knowing nothing at that time of the said Mary Almira, her lovers, suitors, promises, engagements, intimacies, visits or movements whatsoever." He was soon to know.

In the summer of 1832 it happened that Mary Almira was on a visit to Mrs. Jonathan, her cousin german, the wife of Justice Jonathan of Brattleboro, Vt. And now fate began to take a swift and inexplicable interest in the affairs of Mary and Roswell. On August 30th, 1832, in company with Mrs. Jonathan and Mrs. French (the Mary Field of the first chapter of this book), Miss Mary Almira visited Fayetteville, and, we are told, "when the chaise containing the said ladies arrived Roswell advanced to hand them out, and then for the first time saw and was introduced to said Mary Almira, who received him with a nod and a broad good-humored laugh." She remained over night, the guest of Mrs. French, and Roswell saw her only for a few moments in his sister's sitting-room. What occurred is naively told under oath in the following extract from the pleadings:

"Some conversation of a general nature passed between them, and as the said Mary Almira was a young lady of very pleasing face and form and agreeable manners, it is by no means improbable that he (Roswell) manifested to said Mary Almira that in those matters he was not wholly devoid of sensibility and discernment." The next morning Mary returned to Brattleboro with Mrs. Jonathan, and Roswell "did not then expect ever to see her more."

But it was otherwise decreed, for after the lapse of eleven days Justice Jonathan had professional business in Fayetteville, and, lo! Mary Almira attended him. It was Tuesday, September 11th, when for a second time she dawned on the discerning view of Roswell. For eight days she lingered as a guest of Mrs. French, whose brother began to show signs of awakening sensibility, although at this time informed of the unbroken pact between Mary Almira and Jeremiah. How young love took its natural course is told in the pleadings by Roswell with protests "against the manifest breach of delicacy and decorum of calling him into this Honorable Court to render an account of his attentions to a lady," and "more especially when that lady is his lawful wedded wife."

When Mary had been in Fayetteville four days it happened that Justice Jonathan was called to Westminster. When asked if she was inclined to accompany him, Mary turned to Roswell and "inquired with a smile if it was not likely to rain?" and Roswell confesses "that he told her that it would be very imprudent for her to set out."

Still protesting against the manifest indelicacy of the revelation, Roswell has told for us the story of his first advances upon the citadel of Mary's affections in words as cunningly chosen as were ever the best passages in the writings of his son Eugene. It was on the evening of September 13th that these advances first passed the outworks of formal civility. "When bidding the said Mary Almira good-night in the sitting-room of Mrs. French, as he was about to retire into his lodgings, Roswell plucked a leaf from the rosebush in the room, kissed it, and presented it to her; on the next day when he saw the said Mary Almira she took from her bosom a paper, unfolded it, and showed Roswell a leaf (the same, he supposes, that was presented the evening before), neatly stitched on the paper, and which she again carefully folded and replaced in her bosom."

Another evening they played at chess, and with her permission Roswell named the queen Miss Almira, and he bent all his energies to the capture of that particular piece. He sacrificed every point of the game to that object, and when it was triumphantly achieved, "took note of the pleasure and delight manifested by said Mary Almira at the ardor with which he pursued his object and kissed his prize." On still another occasion "Jeremiah was introduced into the game as a black bishop, but very soon was exchanged for a pawn."

On the day when Roswell advised Mary that it would be imprudent for her to accompany Justice Jonathan to Westminster, she was "graciously pleased to make, with her own fair hand, a pocket pin-cushion of blue silk and to put the same into Roswell's hands, at the same time remarking that blue was the emblem of love and constancy," and Roswell "confesses that he received the same with a profound bow."

They were now in the rapids, with Jeremiah forgotten on the bank.

Roswell complimented "the beauty of said Almira's hair, whereupon she graciously consented to present him with a lock of the same, and he humbly confesses that he accepted, kissed, and pressed it to his heart."

Next morning, as they stood side by side, with Roswell holding her hand "and carelessly turning over the leaves of a Bible," his eye accidentally rested on this passage of the book of Jeremiah: "As for me, behold, I am in your hand: do with me as seemeth good and meet unto you." And "thereupon he pointed out such text to said Mary Almira, and she responded to the same with a blush and a smile." Roswell further confessed, "that with the kind permission of said Mary Almira he did at various times press the hand of said Mary Almira, and with her like gracious permission did kiss her hand, her cheek, and her lips." Who, with such kind and gracious permission, would have confined himself to remarks about the weather?

Such were the only "artifices and persuasions, ways and means" by which Roswell came between Mary Almira and the promise she had made to the absent Jeremiah--the same ways and means that have been employed from the days of Adam, and which will be successful while woman is fair and man is bold. It was Roswell's belief that "his attentions and addresses were from the first agreeable to Mary's feelings and welcome to her heart," and he swore "that they were always permitted and received with great kindness and sweetness of manner."

When Mary left Fayetteville, on Wednesday, September 19th, it was "appointed" that he should call on her at Brattleboro on the following Wednesday, and like a true knight he kept his tryst. That his reception was not frigid may be inferred from the record of the calls that followed in rapid succession, to-wit: Thursday afternoon; Monday, October 2d, evening; Tuesday afternoon and evening; Wednesday afternoon and evening; Wednesday (October 9th) afternoon and evening; Friday evening; Saturday evening, and Sunday forenoon and evening.

No wonder the report of the bombardment reached the ears of widow Susanna at Windsor, fifty miles away, and Justice and Mrs. Jonathan "expostulated with Mary Almira upon the impropriety, as they called it, of her receiving the attentions of Roswell without informing her mother."

Space forbids the recital of the uninterrupted, undisturbed, and agreeable conversations between the young twain that are to be found in the pleadings in this case. They were brought to a sharp conclusion by the receipt of a letter from Susanna ordering her daughter to return to Windsor forthwith. Justice Jonathan remarked that Mrs. Susanna was "undoubtedly right, for this young lady ought not to be receiving the gallantries from one young gentleman when she was under engagement to another."

The mother's letter was received Saturday evening, October 12th, and produced consternation in the breasts of the young lovers, Mary clinging around Roswell's neck "with all the ardor of youthful, passionate love." They resolved to wed without the knowledge, consent, or blessing of Mrs. Susanna or Jeremiah, and on the morning of October 15th, 1832, Roswell went to the house of Justice Jonathan by appointment "to be joined in marriage unto said Mary Almira according to law." Justice and Mrs. Jonathan expostulated against such a marriage without Mrs. Susanna being first consulted, and after a long conference Justice Jonathan flatly declined to tie the civil knot. It was finally decided that the marriage should take place at Putney, a small town of Windham County, some twelve miles on the Post-road to Windsor. Justice Jonathan proceeded with the young lady in his carriage, and in due course arrived at Putney. There he was surprised to find the ardent and impatient Roswell, who, although behind at the start, had passed him on the way, and had already made the necessary preparations with Justice of the Peace Asa to perform the statutory ceremony. This followed "in a solemn, serious, and impressive manner in the front room of the public house, the said Jonathan alone being present besides the parties and the magistrate."

The relations of Roswell and Mary Almira as man and wife began and ended before Justice Asa in that public house in Putney. In the language of the pleadings: "Immediately, within a few minutes after said marriage ceremony, said Mary Almira went with Justice Jonathan toward Windsor, and Roswell in a short time returned to his residence at Fayetteville."

There were deeper consequences involved in that simple parting than could have been imagined by any of the parties or than are concealed in the musty and voluminous court records of Windsor County and the state of Vermont.

Eugene Field had an entirely different conception of the nature of this marriage from that revealed by the record. According to his version, there was an old blue law in Vermont which rendered it necessary, in order to exonerate the groom in a runaway match from any other motive than love and affection, that the bride should be divested of all her earthly goods. So when Mary Almira arrived at Putney he thought that she retired to a closet, removed her clothing, and, thrusting her arm through a hole in the door, was joined in holy wedlock to Roswell, who, with the Justice and the witnesses, remained in the outer room.

Eugene Field undoubtedly derived this version of his father's marriage from the tradition of one that actually took place in the Field mansion on Newfane Hill in 1789. That was the marriage of Major Moses Joy of Putney to Mrs. Hannah Wood of Newfane, and the unique nature of the proceedings followed legal advice in order to avoid any responsibility for the debts of Mrs. Ward's former husband, who had died insolvent. The story which I find in the Centennial history of Newfane is as follows:

"Mrs. Ward placed herself in a closet with a tire-woman, who stripped her of all clothing, and while in a perfectly nude state she thrust her fair round arm through a diamond hole in the door of the closet, and the gallant Major clasped the hand of the nude and buxom widow, and was married in due form by the jolliest parson in Vermont. At the close of the ceremony the tire-woman dressed the bride in a complete wardrobe which the Major had provided and caused to be deposited in the closet at the commencement of the ceremony. She came out elegantly dressed in silk, satin, and lace, and there was kissing all around."

To resume our story. On leaving Putney, accompanied by Justice Jonathan, Mary Almira returned to her mother's residence at Windsor. Nothing was communicated to Mrs. Susanna or to the relatives of the young bride in regard to the ceremony at Putney. But they, being aware of the engagement to Jeremiah, and having heard rumors of the attentions of Roswell, thought propriety demanded an early fulfilment of the prior engagement. On the day of her arrival home, and on October 21st and 31st, Mary wrote to Roswell letters, from which we have the assurance of the Supreme Court of Vermont: "It would appear that she entertained a strong affection for him and probably viewed him as the husband with whom she should thereafter live, although the last letter does not breathe the same affection as the former ones."

But the plot was thickening. On the day after her return home Mary also wrote to Jeremiah in Boston, and a fortnight had not elapsed before she wrote again, "a very pressing letter, urging him to come immediately to Windsor." Roswell learned from Mary's letters that her friends were opposed to her forming any connection, except with Jeremiah, and he made the mistake of replying by letter instead of appearing in person, urging his claims and carrying off his bride.

Some time before the 1st of November the family of Mary had heard of the ceremony at Putney, for on Jeremiah's arrival, in lover-like compliance with her urgent message, he was informed of the situation. After a hurried council of war, and under legal advice, the following letter was drafted and forwarded to Roswell by the hands of Judge Bikens, the family lawyer:

To Mr. Roswell Field:

Sir: Moments of deep consideration and much reflection have at length caused me to see in its proper light the whole of my late visit to Brattleboro. That I have been led by you and others to a course of conduct which my own feelings, reason, and sense entirely disapprove, is now very clear to me. I therefore write this to inform you that I am not willing on any account to see you again. Neither will I by any course you can adopt be prevailed upon to view the matter in a different light from what I now do. I leave you the alternative of forever preventing the public avowal of a disgraceful transaction, of which you yourself said you were ashamed.

Mary A.

This veiled repudiation of the marriage at Putney was placed in Roswell's hands by Judge Bikens and was instantly "pronounced an impudent forgery." Being in the dark as to how far Mary's family had been informed of their marriage, Roswell avoided any expression that might reveal it to Judge Bikens, and refused to accept the letter as a true expression of his wife's feelings and wishes. He at once wrote to her, urging that their marriage should be made public and that thus an end should be put to the suit of Jeremiah. To this Mary made reply that the above letter "contained her real sentiments." Before this note reached Fayetteville Roswell had started for Windsor. On the way he halted his horse at Putney, where he learned that Mary's family was fully informed of the marriage as performed by Justice Asa.

A very embarrassing interview followed between Roswell and the family of his recalcitrant bride. On entering the room he advanced to Mary, and, extending his hand, "asked her how she did." But she looked at her mother and rejected his hand. A similar advance to Mrs. Susanna met with a like rebuff. Being considerately left alone in the room with Mary Almira by her mother and brother, who, with a sister, stood at the door listening, Roswell had what he was not disposed to regard as a private audience with his legal wife. In answer to his natural inquiry as to what it all meant, Mary said that since she had come home and thought it all over she found that she did love Jeremiah; that Jeremiah had been very kind to her, and she thought she ought to marry Jeremiah.

Roswell inquired how she could do that, as she was already married.

"Why," said the fickle Mary, "you can give up the certificate; let it all go and nobody will know anything about it." After some natural remonstrances, Mary continued: "Come, now, you've got the certificate in your pocket, and you can give it up just as well as not and let me marry Jeremiah," at the same time holding out her hand as if for the document.

The startling effrontery of the proposal provoked Roswell, and he told her that so far as a separation from himself was concerned she should be gratified to her heart's content, and that while she remained as she was he would not divulge the marriage, but he warned her that if she should attempt marriage with another he would publish the marriage at Putney in every parish church and newspaper in New England.

At this point the private interview was interrupted by the hasty entrance of Mistress Susanna, who advanced in great agitation, as the pleadings inform us, and said to Roswell:

"Mister Field, why can't you give up that stiffiket" (meaning, as he supposed, certificate) "and let things be as if they had never been?"

Thereupon "Mister Field" proceeded to point out to the entire family of Mary Almira, which had assembled from the doors and keyholes where they had been eavesdropping, "the wickedness and folly of Mistress Susanna's request." One of Mary's brothers admitted that Roswell's refusal "to connive to the dishonor of his wife" was correct and honorable, and that he should not be asked to make any such arrangement.

Roswell was greatly shocked and disgusted at the appearance, language, and manner of Mary Almira, and he was borne out in his impression of her character by the admission of one brother that she was "a giddy, inconsistent, unprincipled girl," and by that of another that "she was a volatile coquette, who did not know her own mind from day to day."

Roswell remained in Windsor three days, but did not again see Mary Almira; whereupon, feeling that nothing was to be gained by exposing "himself to renewed insults, he returned home for a few days."

It appears that all this time Jeremiah was lurking in the vicinity, holding secret interviews with Mary and her family, and "devising ways and means" for the bigamous marriage which, according to the belief of Roswell, was performed between Jeremiah and Mary Almira somewhere in New Hampshire between the 14th and 27th of November. Roswell M. Field never recognized the legality of any such ceremony or that Mary and Jeremiah had the lawful right to intermarry while the marriage at Putney remained in full force and effect. He had reason to be thankful for his escape from a union for life with a woman of such frivolous nature and easy indifference to the most sacred obligations of human and divine law. But he would not permit himself to become a silent copartner in what, to his strict notion of the inviolability of the marriage contract, was one of the most heinous crimes against society and morals. He, therefore, took every means in his power to bring obloquy and punishment upon the guilty parties. He instituted various proceedings at law to test the validity of the marriage at Putney. He, among other measures, filed a petition in the Probate Court to secure an accounting from Mistress Susanna as guardian of the estate of his wife Mary Almira. But Susanna avoided the issue by a technical plea.

He brought an action of ejectment in the name of himself and Mary Almira to recover possession of a tenement in Windsor of which she was the owner, and secured judgment without any defence being offered.

He secured the indictment of one of her brothers in the United States District Court for having opened one of his letters to his wife.

He presented a statement of the facts of the abduction and bigamous marriage of Mary Almira to the Grand Jury of Windsor County, and procured an indictment against her two brothers and Mary Almira and Jeremiah "for conspiracy to carry her without the state of Vermont" to become the bigamous wife of Jeremiah.

He followed Jeremiah and Mary to Boston in July, 1833, and laid the matter before the Grand Jury there, but before any action could be taken Jeremiah and Mary Almira "withdrew from the city of Boston, left New England, took passage at the city of New York in an outward bound vessel, and retired to the other side of the Atlantic."

Out of one of the actions instituted in the name of Roswell Field and Mary Almira, his wife, grew a libel suit, brought by Mistress Susanna against him, in which the special pleas drawn and filed by Roswell Field were pronounced by Justice Story "to be masterpieces of special pleading." Through all these proceedings Mr. Field disclaimed all intention or wish "to visit legal pains and penalties" upon his wife, whom he regarded "as the victim and scapegoat of a wicked conspiracy."

Finally, and after the birth of a child, Jeremiah and Mary Almira were forced to bring a suit for the nullification of the Putney marriage. Field met the complaint with a plea that set out all the facts. He contended that, as the Putney marriage was between persons of legal discretion and consent, there could be no condition that would render it voidable at the election of either. Every law and precedent was in favor of the inviolability of the Putney marriage, and yet so powerful were the family influences and so distressing would have been the results of a finding in his favor, that the lower court preferred to disregard precedents and law rather than illegitimatize the innocent children of Jeremiah and Mary. The same view was taken by the higher court, which absolved Mary of "being fully acquainted with the legal consequences of a solemnization of marriage." The court itself was forced to regard the ceremony as "a promise or engagement to marry," rather than a completed and sacred contract. The opinion as rendered is one long apology for declaring the Putney marriage invalid, in order to save Mary Almira from the crime of bigamy and her children from being the offspring of an illicit union.

The conclusion of the opinion reflects the spirit in which it was rendered. "It may be proper to add," said the court, "that we are not disposed to animadvert on the conduct of the parties or of their respective friends and connections, nor to pronounce any opinion further than is required to show the grounds of our determination. The immediate parties may find some excuse or palliation in the thoughtlessness of youth, the strength of affection, the pangs of disappointment and blighted hopes, in versatility of feeling to which all are subject, and in constitutional temperament. The conduct of the friends of either is not to be judged of nor censured in consequence of the unfortunate results which have attended this truly unfortunate case. In judging of the past transactions of others, which have terminated either favorably or unfavorably, we are apt to say that a different course was required and would have produced a different effect. But who can say what would have been the inevitable consequences of a different line of conduct by the friends of either party? The infatuation and the determination of the parties to pursue that course which was most agreeable to their own feelings and views, placed their friends and acquaintances in a very unpleasant situation, and it would be wrong for us now to say that they were not actuated by good motives, and did not pursue that line of conduct which they thought at the time duty dictated. We inquire not as to the conduct of others, we censure them not, nor do we say anything as to the parties before us, except what has been thought necessary in deciding the case."

The decree of nullification was affirmed in July, 1839, and before the close of the year Roswell M. Field had shaken the dust of Vermont from his feet and taken up his residence in St. Louis. Thus Vermont lost the most brilliant young advocate of his day, and Missouri gained the lawyer who was to adorn its bar and institute the proceedings for the manumission of Dred Scott, the slave, whose case defined the issues of our Civil War. _

Read next: Volume 1: Chapter 3. The Dred Scott Case

Read previous: Volume 1: Chapter 1. Pedigree

Table of content of Eugene Field, A Study In Heredity And Contradictions, Volumes 1 and 2


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