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Joe Higgins Search 02 Search For The Gatherers Irene Hill Full Chapter
Joe Higgins Search 02 Search For The Gatherers Irene Hill Full Chapter
Irene Hill
Copyright © 2020 Irene Hill
Copyright This is a work of fiction. Names, characters, places, and incidents either are products of the
author’s imagination or are used fictitiously. Any similarity to actual events or locales or persons, living or
dead, is entirely coincidental.
All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval
system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or
otherwise) without the prior written permission of the copyright owner. The author acknowledges the
trademarked status and trademark owners of various products referenced status and trademark owners of
various products referenced in this work of fiction, which have been used without permission. The publication
/ use of the trademarks is not authorized, associated with or sponsored by the trademark owners.
I dedicate this book to my family who supports my crazy writing career. And especially my
husband who sacrifices so much to give me time to work on my stories.
I would also like to give special thanks to Ralphaelita Pocatello Stump aka Redbird "Inga-hootchoo" -
Eastern Shoshone, Raphaella Stump aka Chief Eagle Woman -Easter Shoshone and Chippewa-Cree,
and Brenda Wesaw for helping me to better understand the Eastern Shoshone history and way of life
both past and present.
Contents
Title Page
Copyright
Dedication
Prologue
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
Chapter 26
Chapter 27
Chapter 28
Chapter 29
Chapter 30
Chapter 31
Chapter 32
Chapter 33
Chapter 34
Sneak peek Into Book Three search for Revenge
About The Author
Praise For Author
Books By This Author
Prologue
“Why the hell do we need to exhume him? You haven’t
caused me enough pain for one week?”
“Joe, you need to see this email.” Brett was sick to his
stomach. This conversation wasn’t something he wanted to
experience.
Joe walked around the desk, and Brett pulled the email up on
the computer screen. Brett stepped away from the desk and
motioned for Joe to take a seat in his chair. The email held two
pictures that Brett wanted Joe to see. Then he slid a few sheets of
paper next to the keyboard. The report included two things that had
brought him to the conclusion that they needed to exhume Brody’s
body.
Joe stared at the computer screen and absently reached into
his back pocket for his can of chew. It wasn’t there. He had quit
chewing almost three years ago, but he desperately wanted a dip to
calm his nerves. He could easily identify the people in the picture he
was looking at as religious extremists. Several women in full length
dresses, their hair in long conservative braids or buns, stood in the
middle of the picture with a group of children between them. The
younger girls resembled the women, and the boys were all dressed
in button-down shirts and blue jeans. Joe didn’t understand why this
picture was important. He definitely didn't understand why it
justified ripping open his deepest wounds. He scrolled down the
page to a second picture and his heart stopped. The second image
was a cropped and zoomed version of the first image. It featured
three young boys, elementary aged if Joe had to venture a guess.
The evidence Brett wanted him to see starred unmistakably up at
him. The quality of the picture didn’t affect the implication Brett was
making. It wasn’t incontrovertible, but it was enough.
Brett waited expectantly for Joe to reach for the papers next
to the keyboard. After a few minutes, Brett realized Joe hadn't
noticed the papers. Brett picked them up and held them to Joe. Joe
still didn’t move. Brett cleared his throat and finally, Joe looked up
and noticed what Brett was holding.
Joe took the papers from Brett but struggled to focus his brain
enough to process the words. He read the first page with his eyes,
although he couldn’t have repeated any of the information. He only
retained something about a woman in danger and a dead child. He
continued on to the second page, still struggling to focus. All at
once, the words demanded his attention.
“Just letting this guy know how things work around here.”
As Joe climbed back into his SUV, the other boy jumped
onto the hood, brandishing a gun in Joe’s face.
Joe bolted upright in bed. This nightmare made little sense to
him. None of the events of the dream had ever happened to him in
real life. Normally Joe’s dreams were mashups of things he had
really done, twisted into horrific events. Joe had broken up his share
of fights as a deputy, but never between Billy Blackman and an
unknown suspect. Joe had a fleeting thought the other boy in the
dream was someone he had seen before, but the thought didn't
linger long enough for him to analyze it.
When Joe’s breathing slowed, he looked at the bedside clock
radio. It was 0400 and Joe decided it wasn’t worth trying to catch
thirty more minutes of sleep.
Joe dressed quickly, and although he knew that he should eat
breakfast, he didn't. With the news about Ada, and having to go for
another DNA swab today he couldn't control the butterflies in his
stomach. Joe and Brett had hoped to have the DNA match back by
now, and knowing that it hadn't even been started, dealt Joe a
heavy blow. He had almost forgotten about the message from the
mysterious woman the night before until he walked past the
answering machine. It spurred his memory, adding one more thing
for him to stew about.
He didn’t need to leave the house for another hour, so he sat
down in his recliner and hit the message button again. Now,
knowing what to expect from the message, he tried to listen to it like
an investigator and not a confused jack rabbit. It didn’t help him
gain much though. He noticed that the woman was likely using a
payphone or community phone. The background noise made Joe
suspect she was in a diner or cafe. Other than that clue, he gleaned
nothing new from the message. Her voice was raspy, but young, and
her words rushed. She sounded distressed, and like she was trying
to keep her voice quiet. A tickle in the far reaches of Joe’s brain told
him he may know this voice, but no memories came to him. He had
been talking to people about God’s Gatherers recently but he did not
understand how that information would have gotten to anyone
inside the organization. So far in his fact finding journey, he had only
talked to people he knew. The woman not leaving any identifying
information, or a way for him to contact her, was worrisome.
After wasting more time that he intended on the message,
Joe left the house and headed toward Casper. Ada choosing not to
go with him weighed more heavily on his mood than he had
expected it to. The day before, he had been floating on a cloud
knowing that he could return to his job as a deputy. As he drove that
morning, he didn’t think his day could be any more miserable. Ada
was dying. He felt betrayed by Alesha, and he had said things to her
he couldn’t take back. He missed Bennie fiercely, and he didn’t want
to face the reason he was driving to Casper.
Chapter 6
When Joe got to Casper, there was a wreck at the intersection
of Hwy 26 and 257. He cursed his luck. He still had forty-five
minutes before he needed to be at the DCI office, but he liked to be
early. Joe was only four vehicles back from the wreck and he could
see that the lone officer on the scene was struggling. Joe shut the
truck’s engine off and got out to see if he could provide any
assistance.
When Joe neared the accident, the officer saw Joe out of the
corner of his eye and turned to face him. “Sir, get back in your car!”
“Hey, hey, calm down. I’m a deputy with Fremont County. Do
you need any help?”
The officer’s stance and tone relaxed. He pointed toward an
older model Ford truck. “You could try to calm that driver down. I
think she’s ok, but she’s in shock for sure. This guy isn’t doing too
well. I’ve got medics coming but they’re still a few minutes out.”
“You got it,” Joe said and turned toward the truck. As he
approached, he could see a young girl, eighteen at most, curled up
on the bench seat sobbing. As he approached her, Joe could see that
she was shaking. Shock was setting in. He scolded himself for not
grabbing his go bag when he left the truck. He removed his jacket
although it was light and not worth much for warming someone up.
“Ma’am, what’s your name?”
The girl sat up with a bewildered look on her face. “What?”
“I’m Joe, I’m a deputy. What’s your name?”
“Sarah, I’m a waitress. Did I kill that guy?”
“He’s alive. How old are you?”
“I’m seventeen. But I’m homeschooled.”
“I’m going to put my jacket around you. We need to keep you
warm.” Joe wasn’t sure what her schooling had to do with the
current situation, but he nodded in acknowledgement. He put his
jacket around the girl who then tried to get out of the truck. "Where
are you going Sarah?”
“I don’t know. I don’t feel good.”
“Ok, why don’t we sit down over at the side of the road.” Joe
guided her to the edge of the road and assisted her to the ground.
He squatted down next to her. “Where were you going?”
“I was on my way to the nursing home to see my grandma.
You know, the Jesus nursing home.”
Joe did not know. He wasn’t familiar with the nursing homes
in Casper and had never heard of one he would associate with
Jesus. Joe heard the ambulance approaching but based on what the
officer had said, he suspected it was headed for the other vehicle.
He and Sarah would have to wait for a second ambulance. Luckily,
Joe underestimated the EMS response in a larger town like Casper
and a second ambulance pulled up within a few minutes of the first.
Joe gave report to the medics and left Sarah in their capable
hands. He looked around for the officer he had originally interacted
with and after a few minutes, located him near the other ambulance.
Joe surveyed the scene as he walked toward the officer. The
response going on around him had been a lot bigger than he had
realized. At least three more officers were now on the scene as well
as a fire truck. Joe motioned to the officer he had originally talked
to, to get his attention. “I’m gonna go back to my truck. Let me
know when you're ready for me to fill out a report.”
A second officer stepped toward Joe. “You're a deputy?”
“Out of Fremont County.”
“Thanks for your help. That girl ok?”
“Shook up good, but that’s it.”
“Well she’s doing better than the other guy then.”
“Beat up pretty bad?”
“Yeah, looks like several broken bones. And higher than a
kite.”
“One of those, huh?” Joe hated accidents that involved DUI.
It complicated everything.
“Yeah, kid I’ve dealt with before. He’s pretty messed up.” The
officer looked over his shoulder at the ambulance and then back at
Joe. “I bet you know him. I think he’s from your neck of the woods.
Tim Duncan?”
Joe’s stomach flipped. He recognized the name immediately.
“Yeah, he’s been messed up for a long time. Ever since his girlfriend
ran off.”
“Did she take off with another guy?”
“Nah, well not that we know of. She was a troubled kid, just
took off one day four years ago.”
“I hope this accident will give Tim the wake up call he needs.
I’ll grab you a witness report.” The officer walked away and returned
within a few minutes with a clipboard.
Joe walked back to his truck and filled out the report. He
wasn’t on duty, so he did his best to fill it out like a civilian, although
he wasn’t altogether sure how a true civilian filled out a report. As
he was finishing up, the ambulance carrying Tim pulled away. The
medics who had been with Sarah had already left, and she was in
one of the patrol vehicles, wrapped in a blanket. Joe approached the
officer who had given him the clipboard and returned it to him. He
motioned toward Sarah. “She ok?”
“Yeah. Got her mom coming to pick her up. Like you said, just
shook up. Thanks for your help. Farnes is still a rookie, glad you
were here to help him.”
“No problem.” Joe walked back to his truck and turned the
motor on. He cranked the heater, even though it was blowing frosty
air. He glanced at the clock and realized he would not make it to DCI
as early as he had hoped. He wanted to be mad about it, but
working the accident had helped take his mind off of all his
problems, so he shrugged it off.
When he arrived at DCI, all his frustrations returned. The lab
technician made him wait for twenty-five minutes before taking him
back to the little exam room. Then she left him in the exam room
waiting for another fifteen. While she prepared his test, she kept
muttering about her opinion that this case should have gone to the
main lab in Cheyenne. When she finally swabbed him, he was
thinking the drive to Cheyenne might have been easier.
The drive back to Lander was uneventful and Joe spent the
entire time feeling sorry for himself.
Chapter 7
Joe killed the weekend working on the ranch and wallowing in
his sorrows. He opened a beer every night when he sat down for
dinner, but every night, he poured a full can down the drain. Finally,
on Sunday afternoon, he decided he needed to quit avoiding Ada, so
he drove into town after lunch. Ada had called him every day since
he had last seen her, and he hadn’t returned any of her calls. He
knew chances were good he would get yelled at when he got to
Westward Heights.
Ada wasn’t sitting up front, and when Joe went to her room,
there was no sign of her there either. A small surge of panic shot
through him but he walked calmly back to the nurses’ desk. One of
the younger nurses, a girl he didn’t recognize, was charting when he
approached.
“Can I help you?” Her tone was more cheery than most of the
nurses he was used to talking to. She reminded him of the first time
he had talked to Bennie, at this same desk.
“I’m looking for Ada Higgins. She’s not in her room.”
“Oh, she’s probably on the patio. They have some guy out
there playing guitar for the residents. I think I saw her headed that
way.”
“Thank you.” Joe walked to the door leading to the patio. He
could see Ada sitting in the back of the crowd. Joe wasn’t sure what
to do. On one hand, she wasn’t likely to make a scene in front of a
large group, so approaching her now may be safer. On the other
hand, she looked like she was enjoying herself and interrupting that
might make things a lot worse for him.
Ada noticed Joe standing just inside the door. She wasn’t in
any mood to deal with him but her motherly instincts told her he
was hurting as much as she was. She had kept her secret to protect
him. He was finally sober, going to AA meetings and seeing her
cousin’s boy for healing out in Ethete. She didn’t want to mess that
up by causing him to worry about her. Worry was unnecessary, it
wouldn’t solve anything. She had made her peace with what the
cancer meant. She was only a few months from eighty, and she
missed Lew, but it hurt her to think about leaving Joe. It hurt her to
think of him losing another mother. Of him being all alone. When he
had sobered up and decided to go back to police work, she had
prayed it would also mean he would find another woman to share
his life with. However, now she didn't think that would happen in
time for her to see it. She took a deep breath, unlocked the brakes
on her wheelchair, and slowly wheeled herself toward the door.
Joe saw Ada rolling herself toward him. He knew then, that
she had seen him. When she reached the door, he didn't say
anything to her. He got behind her chair and slowly pushed her back
to her room. Her not protesting told Joe that this talk may go better
than he had expected. When they reached her room, Joe parked
her in her usual spot and sat down on the bed next to her. They sat
quietly until Ada reached out her hand to hold Joe’s.
“I didn't want you hurting.”
"Didn't you think I would hurt when you died and I knew I
hadn't been there for you?" Joe struggled to keep his voice even and
not allow it to crack.
"I didn't think about that. You've been going to sweats.
You've been going to meetings. I didn't want to mess that up."
"You are more important than sweats and meetings Ada." Joe
could feel the heat in his eyes and the tears threatening to spill out.
The pain he felt from losing his mother differed tremendously from
the pain he had felt when he lost Bennie and Brody. The pain in his
heart now was again the pain of losing a mother, even though she
wasn't gone yet and he rarely called her by that title.
Ada met his eyes for the first time since he had arrived. He
looked rough. Rougher than he had looked since he returned from
Evanston two months ago. "Have you been drinking? Why haven't
you answered my calls?"
Although he was full of grief, Ada’s assumption still frustrated
Joe. His gut reaction was to snap at her, but he restrained himself
and waited several moments before responding, although the time
didn’t soften his blow. "No, I have not been drinking. But you pissed
me off, I needed a break."
Ada dropped her head. She had raised Joe to be more
respectful of his elders, but she had it coming. She knew she had
hurt him, and she’d done it on purpose. The purpose may not have
been to hurt him but the intent was to keep a secret, and that was
never healthy.
Joe and Ada sat in silence for over an hour. Joe cradled her
hand and watched tears roll down her cheeks. He didn't know how
to comfort her, he so rarely had needed to during his life. He had
hoped to ask her more questions about her cancer to find out why
she wasn't willing to treat it. However, just being with her was what
his heart needed. He needed to know that they were ok, and he
knew that they were both finding peace in the silence.
When one of the nurse aides came to the room to let Ada
know it was dinner time, Joe stood up from the bed and put his
hand on Ada’s shoulder. "Would you like me to give you a ride to the
dining room?" Joe expected her to say no. She rarely let him push
her anywhere, and she had allowed it once already.
"That would be nice."
As Joe pushed her down the hall, he told her he was
returning to work the next day. "I work my first shift at the sheriff's
department tomorrow. Even though I have worked there before I
have to do some training shifts. So I'm on days for right now."
"I'm glad you're going back."
"I'll try to come see you at the end of my shift. It's been a
long time since I’ve balanced the ranch and the department, I might
be pretty busy for a while."
Joe pushed Ada’s wheelchair up to the dining room table
where she usually sat with two other women. Both of the women
were already at the table. She motioned for Joe to lean down and
she embraced him in a warm but shaky hug.
As Joe pulled his truck out of the parking lot, he knew what
he needed to do, and he headed toward Cliff Street.
When he pulled up in front of the house, he didn’t see
Alesha’s Toyota. Brett’s truck sat in the driveway but the garage door
was closed. Joe hoped that the Toyota was hiding inside.
He walked up to the front door and knocked once. He could
hear footsteps inside, but they were too heavy to belong to Alesha.
Brett opened the door and gave Joe a look that he couldn’t read.
“Is it your goal in life to hurt my wife?” Brett’s tone wasn’t as
much accusatory as wounded.
“No, that’s why I’m here. I need to apologize.” Joe met Brett’s
eyes because he had learned in the military to never look away
during a confrontation. And, he had learned from years of working
with Brett that standing his ground was his best defense.
“She’s not home yet. She spent the weekend with Tuck in
Cheyenne, some parents' weekend thing that I don’t understand.”
Brett stepped back from the door and motioned to the couch. He
took a seat in his chair and figured if Joe wanted to talk he would
come in. If not, he could leave.
Joe followed Brett’s lead and found himself a spot on the couch.
He wasn’t sure what to prepare himself for, but kept his guard up in
case Brett defended Alesha.
“Why did you attack Lesh?”
“I didn’t exactly attack her. I just said some terrible, hateful
things.”
“Well, she sure as hell felt attacked. I thought someone had
died when she called me, she was hysterical.”
“I told you I came to apologize. But that secret keeping her
and Ada did was bull.” Joe was there to make peace. He didn’t want
to pick a fight with Brett, especially not the evening before he
returned to the department. However, he wasn’t about to pretend
that his actions hadn’t had a cause.
“You know your aunt. She told Alesha what her plan was and
expected her to follow directions. You know Lesh would never hurt
you on purpose. You’re the brother she always wanted and taking
care of you is how she remembers Bennie. She got stuck in a hard
spot.” Brett didn’t exactly blame Joe for anything that he’d said that
day at Westward Heights. He knew Alesha cared for Ada, as did he,
but he had discouraged her from becoming involved in Ada’s medical
care from the start. He knew that Ada wouldn’t be able to keep Joe
in the dark forever. It actually surprised him that the interaction
hadn’t been significantly worse. Brett knew Joe was right and
agreed with him. Alesha might love them like family, but he was
Ada’s only blood.
Joe saw Brett relax. Joe knew that Brett understood, or at
least acknowledged, what he was going through. “So, when’s she
supposed to be home?”
“I think she should be here about 2000. But I don’t think
she’s ready for you to apologize. Tucker called me yesterday wanting
to know what you did. Guess she was complaining about you to him.
You know that’s bad.”
“Yeah, that’s not good. You let me know when I’m safe to
apologize?”
“Will do.”
Joe stood from the couch and made his way toward the door.
He wasn’t being purposefully rude, but he had no reason to stay and
make uncomfortable small talk with Brett if he wasn’t waiting for
Alesha. “See ya tomorrow morning.”
“Yeah. You better be on time,” Brett snickered.
Joe was less than a mile from the turnoff for Willow Creek Road,
when he realized he should have told Brett about the call from the
mystery woman.
Chapter 8
The events of the week had gotten the better of Joe, and the
emotion toll was catching up with him. He usually attended Sunday
night AA at the Methodist church, but he wasn't up for all the
sharing and introspection. He would try to catch the Tuesday night
meeting, if his schedule allowed it. He made himself a Hungry Man
dinner and stared at the TV, without turning it on, while he ate.
Shortly after finishing his meal, the phone rang. He hoped it might
be Alesha.
"Hello?"
"Uh, Mr. Higgins?"
Joe immediately recognized the voice as the woman from his
answering machine. "Yes."
"Are you really trying to find God's Gatherers?" Her voice was
shaky.
"Yes. Are you part of that group?"
The line was silent. There were no clanking dishes or diner
noises on the other end tonight. After an entire minute had passed,
and Joe decided the woman was no longer on the line, her voice
broke the silence. "Um. Yes."
"Are you willingly a part?"
"Not anymore. You know we can't leave, right?"
"I suspected that." The conversation was slow, and Joe
wasn't sure how to encourage the woman to share more with him. It
would help if he could establish a connection with her but he didn't
know anything about her. Without some kind of information, he
didn't have a good place to build a connection. He didn't even know
how she had found him. "What's your name?"
Again, prolonged silence. Finally, Joe spoke again. "You don't
have to tell me."
"My name in the community is Ruth."
“What do you mean in the community?”
“Brother Josiah gives most of us a name when they come to
the Gatherers.”
Joe hadn’t considered the possibility of adult members
receiving alternative names. He knew that Nathan’s name in the cult
had been Adam after they kidnapped him, but Joe hadn’t run across
anything about adult name changes. Hyrum hadn’t said anything
about his parents, or himself being given an alternative name. “Can
you tell me the name you had before?”
“No.” The response was curt, and the line again fell so silent
that Joe wasn’t sure the caller was still there.
“How long have you lived with God’s Gatherers?”
“Why are you asking me so many questions?”
Joe realized quickly that his efforts to build a connection were
actually driving a wedge. He needed this woman to give him
something, anything to go on. “You left me a message and said you
could help me if I helped you, but I can’t help someone I don’t know
anything about.” Joe tried to sound as genuine as possible.
The line was quiet again. After another minute passed Joe
spoke. “Are you still there?”
No response.
“Hello?”
Still no response. The woman had ended the call.
Joe didn’t know what to make of the woman, or the call. Her
voice was shaky, filled with fear. But, she had given him nothing to
verify her actual involvement with God’s Gatherers. She had barely
given him anything at all. Joe couldn't think of any reason for
someone to seek him out and lie to him about God’s Gatherers, but
the situation was so strange, Joe didn't know what to think.
Joe knew he should try to get a decent night sleep for his
shift the next day, but he couldn’t calm his mind. Just before 2200
Joe decided he needed an outside opinion to help him process the
calls he had gotten from the woman. He considered calling ahead,
but didn’t. When he pulled up in front of the house, Alesha’s Toyota
rested next to Brett’s truck and luckily, several lights were on. Joe
knocked on the front door, without considering what Alesha’s
reaction might be to him showing up.
Brett answered the door and immediately stepped out onto
the stoop and closed the door behind him. “Thought we discussed
you keeping some distance until Lesh had time to cool off?”
“This isn’t about her. I’ve got to tell you about weird calls I’ve
been getting.”
Joe summed up the message left on his machine, and then
the call from earlier in the night the best he could.
Brett sighed and dropped his shoulders. “You better come in,
too cold to figure this out out here.” Joe followed Brett into the
house and took the same place on the couch that he had taken just
a few hours earlier. “So you said the voice sounds vaguely familiar,
any idea where from?”
“No. For all I know she’s just got one of those familiar voices,
but I can’t place her.”
“I want to know how she found you,” Brett couldn’t think of
any way that news of Joe’s curiosity about the group could have
made it to them. “You don’t think…”
“Brett, who was at the door?” Alesha rounded the corner of
the living room. She immediately stopped, her face telling Joe
everything he needed to know.
“Oh, you.” Alesha stared at Brett for several seconds before
leaving the room without saying anything. Her look hurt Joe. Not
because of what the look meant, but because she looked so much
like Bennie when she was upset. He had come a long way in the last
two months, much of which he felt he had lost in the past week, and
being around Alesha was a double-edged sword. Brett and Alesha
were the only family he had other than Ada. Alesha was one of the
few people who hadn't written him off or treated him like a child.
But, so many things about Alesha reminded him painfully of Bennie.
Brett just stared at Joe for a few moments. Brett didn't know
what to make of the conversation they were having. An inside
source would certainly help Joe gather more information about the
cult. It seemed unlikely though, that the caller, even if genuine, had
pure motives. It didn't help Brett think any clearer knowing he would
have to defend allowing Joe in the house once he and Alesha were
alone. "Anyway, but do ya think the woman somehow knows
Hyram?"
"I guess she could, but he says he doesn't have any contacts
in the group anymore. According to Hyram and Hutchinson he hasn't
spoken to his parents, or any other group members, since he ran
away." Joe's gut told him that Hyram had nothing to do with his
mysterious phone calls. The problem was, Joe's gut didn't tell him
where the calls were coming from.
“Do you think she’ll call you back?”
“I don't know. I was surprised she called me the second time.
She sure didn't give me much to go on.”
"That's true. I think our only option is to table it until she calls
you back. If she calls you back." The calls Joe had gotten were odd.
Something about the caller didn't sit right with Brett. The best thing
he could think of to do, was wait and see if she became a better
informant, or if she disappeared entirely.
Joe and Brett talked for a few more minutes but neither of them
came up with anything useful. Joe stood from the couch and
stretched his legs.
"I better get home. I don't want to show up for my first day
on the new job exhausted, the boss might not like that."
"I don't think the boss will mind you being tired." Brett
chuckled. It was a strange feeling knowing that Joe was returning as
a new officer. It helped Brett process that by joking about it. "The
boss'll probably be exhausted tomorrow, too. It's going to take him
all night to smooth things over with his wife."
The drive back to the ranch was quick but Joe noticed that
the sky was looking slightly reflective. The first snowstorm of the
year was not the way he wanted to start his career back at the
sheriff's department.
When Joe got in the house he checked the machine, hoping
there would be something from the mystery woman. There were no
messages. Joe made his way to bed and stared at the ceiling for
almost an hour before he drifted off to sleep.
When he woke the next morning, there was a skiff of snow
out in the yard. Joe added a layer of long underwear to his uniform,
tied a silk around his neck and grabbed a balaclava just in case. He
guessed that most of his day would be in the office but he wanted to
be prepared in case he had an opportunity to go out on patrol. He
had asked Carl to show up earlier than usual so Joe could line him
out with several jobs before he left for the day. Joe waited as long as
he could before leaving, but Carl still hadn’t shown up. Another
reminder that he needed to find a new hand.
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In addition to the above resolution, the General Assembly of
Virginia “appealed to the other states, in the confidence that they
would concur with that commonwealth, that the acts aforesaid [the
alien and sedition laws] are unconstitutional, and that the necessary
and proper measures would be taken by each for co-operating with
Virginia in maintaining unimpaired the authorities, rights, and
liberties reserved to the states respectively, or to the people.”
The legislatures of several of the New England States, having,
contrary to the expectation of the legislature of Virginia, expressed
their dissent from these doctrines, the subject came up again for
consideration during the session of 1799, 1800, when it was referred
to a select committee, by whom was made that celebrated report
which is familiarly known as “Madison’s Report,” and which deserves
to last as long as the constitution itself. In that report, which was
subsequently adopted by the legislature, the whole subject was
deliberately re-examined, and the objections urged against the
Virginia doctrines carefully considered. The result was, that the
legislature of Virginia reaffirmed all the principles laid down in the
resolutions of 1798, and issued to the world that admirable report
which has stamped the character of Mr. Madison as the preserver of
that constitution which he had contributed so largely to create and
establish. I will here quote from Mr. Madison’s report one or two
passages which bear more immediately on the point in controversy.
“The resolutions, having taken this view of the federal compact,
proceed to infer ‘that in case of a deliberate, palpable, and dangerous
exercise of other powers the states who are parties thereto have the
right, and are in duty bound, to interpose for arresting the progress
of the evil, and for maintaining, within their respective limits, the
authorities, rights, and liberties appertaining to them.’”
“It appears to your committee to be a plain principle, founded in common sense,
illustrated by common practice, and essential to the nature of compacts, that,
where resort can be had to no tribunal superior to the authority of the parties, the
parties themselves must be the rightful judges in the last resort, whether the
bargain made has been pursued or violated. The constitution of the United States
was formed by the sanction of the states, given by each in its sovereign capacity. It
adds to the stability and dignity, as well as to the authority, of the constitution, that
it rests upon this legitimate and solid foundation. The states, then, being the
parties to the constitutional compact, and in their sovereign capacity, it follows of
necessity that there can be no tribunal above their authority, to decide, in the last
resort, whether the compact made by them be violated, and consequently that, as
the parties to it, they must decide, in the last resort, such questions as may be of
sufficient magnitude to require their interposition.”
“The resolution has guarded against any misapprehension of its object by
expressly requiring for such an interposition ‘the case of a deliberate, palpable, and
dangerous breach of the constitution, by the exercise of powers not granted by it.’
It must be a case, not of a light and transient nature, but of a nature dangerous to
the great purposes for which the constitution was established.
“But the resolution has done more than guard against misconstructions, by
expressly referring to cases of a deliberate, palpable, and dangerous nature. It
specifies the object of the interposition, which it contemplates, to be solely that of
arresting the progress of the evil of usurpation, and of maintaining the authorities,
rights, and liberties appertaining to the states, as parties to the constitution.
“From this view of the resolution, it would seem inconceivable that it can incur
any just disapprobation from those who, laying aside all momentary impressions,
and recollecting the genuine source and object of the federal constitution, shall
candidly and accurately interpret the meaning of the General Assembly. If the
deliberate exercise of dangerous powers, palpably withheld by the constitution,
could not justify the parties to it in interposing even so far as to arrest the progress
of the evil, and thereby to preserve the constitution itself, as well as to provide for
the safety of the parties to it, there would be an end to all relief from usurped
power, and a direct subversion of the rights specified or recognized under all the
state constitutions, as well as a plain denial of the fundamental principles on which
our independence itself was declared.”
But, sir, our authorities do not stop here. The state of Kentucky
responded to Virginia, and on the 10th of November, 1798, adopted
those celebrated resolutions, well known to have been penned by the
author of the Declaration of American Independence. In those
resolutions, the legislature of Kentucky declare, “that the
government created by this compact was not made the exclusive or
final judge of the extent of the powers delegated to itself, since that
would have made its discretion, and not the constitution, the
measure of its powers; but that, as in all other cases of compact
among parties having no common judge, each party has an equal
right to judge, for itself, as well of infractions as of the mode and
measure of redress.”
At the ensuing session of the legislature, the subject was re-
examined, and on the 14th of November, 1799, the resolutions of the
preceding year were deliberately reaffirmed, and it was, among other
things, solemnly declared,—
“That, if those who administer the general government be permitted to
transgress the limits fixed by that compact, by a total disregard to the special
delegations of power therein contained, an annihilation of the state governments,
and the erection upon their ruins of a general consolidated government, will be the
inevitable consequence. That the principles of construction contended for by
sundry of the state legislatures, that the general government is the exclusive judge
of the extent of the powers delegated to it, stop nothing short of despotism; since
the discretion of those who administer the government, and not the constitution,
would be the measure of their powers. That the several states who formed that
instrument, being sovereign and independent, have the unquestionable right to
judge of its infraction, and that a nullification, by those sovereignties, of all
unauthorized acts done under color of that instrument, is the rightful remedy.”
Time and experience confirmed Mr. Jefferson’s opinion on this all
important point. In the year 1821, he expressed himself in this
emphatic manner: “It is a fatal heresy to suppose that either our state
governments are superior to the federal, or the federal to the state;
neither is authorized literally to decide which belongs to itself or its
copartner in government; in differences of opinion, between their
different sets of public servants, the appeal is to neither, but to their
employers peaceably assembled by their representatives in
convention.” The opinion of Mr. Jefferson on this subject has been so
repeatedly and so solemnly expressed, that they may be said to have
been the most fixed and settled convictions of his mind.
In the protest prepared by him for the legislature of Virginia, in
December, 1825, in respect to the powers exercised by the federal
government in relation to the tariff and internal improvements,
which he declares to be “usurpations of the powers retained by the
states, mere interpolations into the compact, and direct infractions of
it,” he solemnly reasserts all the principles of the Virginia
Resolutions of ’98, protests against “these acts of the federal branch
of the government as null and void, and declares that, although
Virginia would consider a dissolution of the Union as among the
greatest calamities that could befall them, yet it is not the greatest.
There is one yet greater—submission to a government of unlimited
powers. It is only when the hope of this shall become absolutely
desperate, that further forbearance could not be indulged.”
In his letter to Mr. Giles, written about the same time, he says,—
“I see as you do, and with the deepest affliction, the rapid strides with which the
federal branch of our government is advancing towards the usurpation of all the
rights reserved to the states, and the consolidation in itself of all powers, foreign
and domestic, and that too by constructions which leave no limits to their powers,
&c. Under the power to regulate commerce, they assume, indefinitely, that also
over agriculture and manufactures, &c. Under the authority to establish post roads,
they claim that of cutting down mountains for the construction of roads, and
digging canals, &c. And what is our resource for the preservation of the
constitution? Reason and argument? You might as well reason and argue with the
marble columns encircling them, &c. Are we then to stand to our arms with the
hot-headed Georgian? No; [and I say no, and South Carolina has said no;] that
must be the last resource. We must have patience and long endurance with our
brethren, &c., and separate from our companions only when the sole alternatives
left are a dissolution of our Union with them, or submission. Between these two
evils, when we must make a choice, there can be no hesitation.”
Such, sir, are the high and imposing authorities in support of “The
Carolina doctrine,” which is, in fact, the doctrine of the Virginia
Resolutions of 1798.
Sir, at that day the whole country was divided on this very
question. It formed the line of demarcation between the federal and
republican parties; and the great political revolution which then took
place turned upon the very questions involved in these resolutions.
That question was decided by the people, and by that decision the
constitution was, in the emphatic language of Mr. Jefferson, “saved
at its last gasp.” I should suppose, sir, it would require more self-
respect than any gentleman here would be willing to assume, to treat
lightly doctrines derived from such high resources. Resting on
authority like this, I will ask gentlemen whether South Carolina has
not manifested a high regard for the Union, when, under a tyranny
ten times more grievous than the alien and sedition laws, she has
hitherto gone no further than to petition, remonstrate, and to
solemnly protest against a series of measures which she believes to
be wholly unconstitutional and utterly destructive of her interests.
Sir, South Carolina has not gone one step further than Mr. Jefferson
himself was disposed to go, in relation to the present subject of our
present complaints—not a step further than the statesman from New
England was disposed to go, under similar circumstances; no further
than the senator from Massachusetts himself once considered as
within “the limits of a constitutional opposition.” The doctrine that it
is the right of a state to judge of the violations of the constitution on
the part of the federal government, and to protect her citizens from
the operations of unconstitutional laws, was held by the enlightened
citizens of Boston, who assembled in Faneuil Hall, on the 25th of
January, 1809. They state, in that celebrated memorial, that “they
looked only to the state legislature, who were competent to devise
relief against the unconstitutional acts of the general government.
That your power (say they) is adequate to that object, is evident from
the organization of the confederacy.”
A distinguished senator from one of the New England States, (Mr.
Hillhouse,) in a speech delivered here, on a bill for enforcing the
embargo, declared, “I feel myself bound in conscience to declare,
(lest the blood of those who shall fall in the execution of this measure
shall be on my head,) that I consider this to be an act which directs a
mortal blow at the liberties of my country—an act containing
unconstitutional provisions, to which the people are not bound to
submit, and to which, in my opinion, they will not submit.”
And the senator from Massachusetts himself, in a speech delivered
on the same subject in the other house, said, “This opposition is
constitutional and legal; it is also conscientious. It rests on settled
and sober conviction, that such policy is destructive to the interests
of the people, and dangerous to the being of government. The
experience of every day confirms these sentiments. Men who act
from such motives are not to be discouraged by trifling obstacles, nor
awed by any dangers. They know the limit of constitutional
opposition; up to that limit, at their own discretion, they will walk,
and walk fearlessly.” How “the being of the government” was to be
endangered by “constitutional opposition” to the embargo, I leave
the gentleman to explain.
Thus it will be seen, Mr. President, that the South Carolina
doctrine is the republican doctrine of ’98—that it was promulgated
by the fathers of the faith—that it was maintained by Virginia and
Kentucky in the worst of times—that it constituted the very pivot on
which the political revolution of that day turned—that it embraces
the very principles, the triumph of which, at that time, saved the
constitution at its last gasp, and which New England statesmen were
not unwilling to adopt, when they believed themselves to be the
victims of unconstitutional legislation. Sir, as to the doctrine that the
federal government is the exclusive judge of the extent as well as the
limitations of its powers, it seems to me to be utterly subversive of
the sovereignty and independence of the states. It makes but little
difference, in my estimation, whether Congress or the Supreme
Court are invested with this power. If the federal government, in all,
or any, of its departments, is to prescribe the limits of its own
authority, and the states are bound to submit to the decision, and are
not to be allowed to examine and decide for themselves, when the
barriers of the constitution shall be overleaped, this is practically “a
government without limitation of powers.” The states are at once
reduced to mere petty corporations, and the people are entirely at
your mercy. I have but one word more to add. In all the efforts that
have been made by South Carolina to resist the unconstitutional laws
which Congress has extended over them, she has kept steadily in
view the preservation of the Union, by the only means by which she
believes it can be long preserved—a firm, manly, and steady
resistance against usurpation. The measures of the federal
government have, it is true, prostrated her interests, and will soon
involve the whole south in irretrievable ruin. But even this evil, great
as it is, is not the chief ground of our complaints. It is the principle
involved in the contest—a principle which, substituting the discretion
of Congress for the limitations of the constitution, brings the states
and the people to the feet of the federal government, and leaves them
nothing they can call their own. Sir, if the measures of the federal
government were less oppressive, we should still strive against this
usurpation. The south is acting on a principle she has always held
sacred—resistance to unauthorized taxation. These, sir, are the
principles which induced the immortal Hampden to resist the
payment of a tax of twenty shillings. Would twenty shillings have
ruined his fortune? No! but the payment of half twenty shillings, on
the principle on which it was demanded, would have made him a
slave. Sir, if acting on these high motives—if animated by that ardent
love of liberty which has always been the most prominent trait in the
southern character—we should be hurried beyond the bounds of a
cold and calculating prudence, who is there, with one noble and
generous sentiment in his bosom, that would not be disposed, in the
language of Burke, to exclaim, “You must pardon something to the
spirit of liberty?”
Webster’s Great Reply to Hayne,