Full Download Employment Law For Business 8th Edition Bennett Alexander Test Bank PDF Full Chapter
Full Download Employment Law For Business 8th Edition Bennett Alexander Test Bank PDF Full Chapter
Full Download Employment Law For Business 8th Edition Bennett Alexander Test Bank PDF Full Chapter
4. The American legal system is based on stare decisis, a system of using legal precedent.
Answer: True
LO: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Topic: Guide to Reading Cases
Blooms: Remember
2-2
© 2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
authorized for sale or distribution in any manner. This document may not be copied, scanned, duplicated,
forwarded, distributed, or posted on a website, in whole or part.
Chapter 02 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Difficulty: 1 Easy
AACSB: Analytical Thinking
Feedback: The American legal system is based on stare decisis, a system of using legal
precedent. Once a judge renders a decision in a case, the decision is generally written and
placed in a law reporter and must be followed in that jurisdiction when other similar cases
arise.
6. Hannah was fired by Friendly Catering Company (FCC) without a valid reason. The
company’s employee handbook stated that employees would only be terminated for good
cause. Hannah’s job position was later filled by her former supervisor’s niece. In this
scenario, Hannah cannot file a wrongful discharge lawsuit against FCC because she is an at-
will employee.
Answer: False
LO: 02-04 Determine if an at-will employee has sufficient basis for wrongful discharge.
Topic: Employment-At-Will Concepts
Blooms: Apply Difficulty: 2
Medium AACSB: Reflective
Thinking
Feedback: Hannah can file a wrongful discharge lawsuit against Friendly Catering Company.
If there is no express agreement or contract to the contrary, employment is considered to be
at-will; that is, either the employer or the employee may terminate the relationship at her or
his discretion. Nevertheless, even where a discharge involves no statutory discrimination,
breach of contract, or traditional exception to the at-will doctrine, the termination may still be
considered wrongful and the employer may be liable for “wrongful discharge,” “wrongful
termination,” or “unjust dismissal.”
2-3
© 2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
authorized for sale or distribution in any manner. This document may not be copied, scanned, duplicated,
forwarded, distributed, or posted on a website, in whole or part.
Chapter 02 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
8. Major Tire Inc.’s manufacturing plant in Charleston, South Carolina was destroyed when
Hurricane Hazel hit the coast. The company officially closed the facility after reviewing the
damage and terminated all 500 workers. The company did not give the employees 60 days’
notice, and thus, it is liable under the Worker Adjustment and Retraining Notification Act.
Answer: False
LO: 02-05 Recite and explain at least three exceptions to employment-at-will.
Topic: Employment-At-Will Concepts
Blooms: Apply Difficulty: 2
Medium AACSB: Reflective
Thinking
Feedback: Major Tire Inc. is not liable under the Worker Adjustment and Retraining
Notification (WARN) Act. An action arising out of a “natural disaster” such as a flood,
earthquake, or drought is an exception to the 60-day notice requirement.
10. Questions asked during idle conversational chat in preemployment interviews or included
on job applications may unwittingly be the basis for disparate impact discrimination claims
under Title VII of the Civil Rights Act of 1964.
Answer: True
LO: 02-06 Distinguish between disparate impact and disparate treatment discrimination
claims.
Topic: Employment Discrimination Concepts
Blooms: Remember
Difficulty: 1 Easy
AACSB: Analytical Thinking
Feedback: Quite often questions asked during idle conversational chat in preemployment
interviews or included on job applications may unwittingly be the basis for discrimination
claims. Such questions or discussions should therefore be scrutinized for their potential
2-4
© 2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
authorized for sale or distribution in any manner. This document may not be copied, scanned, duplicated,
forwarded, distributed, or posted on a website, in whole or part.
Chapter 02 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
impact, and interviewers should be trained in potential trouble areas to be avoided. Only
questions relevant to legal considerations for evaluating the applicant should be asked.
13. Which of the following is the function of a motion for summary judgment?
A) If a party wins a motion for summary judgment, the case is remanded to a lower court.
B) If a court grants a motion for summary judgment, it means that it has determined that there
is a need for the case to proceed to trial.
C) If a court grants a motion for summary judgment, it means that it will determine the issues
and grant a judgment in favor of one of the parties.
D) If a party wins a motion for summary judgment, it means one of the parties did not like the
facts found in the court and may appeal based on errors of law.
Answer: C
LO: 02-01 Understand how to read and digest legal cases and citations.
Topic: Guide to Reading Cases
Blooms: Understand
Difficulty: 2 Medium
AACSB: Analytical Thinking
2-4
© 2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
authorized for sale or distribution in any manner. This document may not be copied, scanned, duplicated,
forwarded, distributed, or posted on a website, in whole or part.
Another random document with
no related content on Scribd:
while, abroad, it spontaneously keeps ahead of population, and will
do so in many parts, till men have grown wise enough to regulate
population. Our best present policy, then, is to send our surplus
numbers abroad to eat and prosper, instead of obliging more and
more of our multitudes to dig at home. It is on your wish to make
them do so much labour for a lesser instead of a greater production,
that I founded my charge of your ultimately making a part of society
pay too dear for their food.”
“You mean because labour is the price of food?”
“Yes; and food would be almost as much too dear under your
system as under the present. At present, the competition for food is
so excessive that men bid their labour against each other to
desperation. Under your pauper-farm system, the same thing would
take place in time; and in the meanwhile, every bushel of wheat
would cost twice or thrice as much labour as in Van Diemen’s Land;
so that both immediately and ultimately, you oblige a certain number
to pay higher for their food than they need do and therefore ought to
do.—And this without taking into consideration the change in the
proportion of capital to population which is caused by emigration,—a
change most beneficial to the mother country.”
“And how extensive do you conceive that change to be? There is
very little difference between the cost of conveying persons to Van
Diemen’s Land, and settling them on a pauper farm,—too small a
difference to warrant such an expression as yours.”
“In addition to this difference, there is all the increase of production
which will take place abroad, and which is so much gained to the
mother country, since it maintains her people. Besides this, all that
would have been unproductively consumed by the pauper
descendants of these emigrants may be considered as so much
clear gain to the community. Again,—the thriving population of our
colonies will want more and more of our manufactures, and will send
us their agricultural produce in exchange; and I suppose you will not
question the advantage of investing our capital in manufactures, and
receiving wool and wheat of the best quality in return, instead of
laying it out on lands of inferior fertility at home, while the people
scantily supply themselves with the coarse manufactures of their
own firesides? You will not question the duty of availing ourselves of
the advantages of division of labour in the case of our greatest
need? Yet you would, by your plan of home colonization, deprive the
people of this reciprocity of benefits. You would set up new
manufactures instead of a new market for them; and all for the sake
of producing food at a greater cost than under the emigration
system. You are clearly wrong, Fellowes, depend upon it. What a pity
that you should not turn your zeal and benevolence and your other
resources to the best account!”
“The fact is,” replied Fellowes, “that on a matter of so much
importance as this, I am anxious to go on sure ground. I have heard
so much on good authority of the miseries of emigrants in Canada
and elsewhere, and I have seen so much with my own eyes of the
benefits of the Home-Colonization system in the Netherlands, that I
am induced to do that which I know will produce great and
immediate good, instead of that whose consequences I cannot
witness or calculate. I want to give our poor neighbours food; and I
dare not run the risk of having them perish with cold and hunger in
the woods before they can get any.”
“If you mix up the abuses of a system with its principles,—if you
take the conduct of a few ignorant adventurers as an example of
what is to be done by all emigrants,” continued Mr. Jackson, “I do not
wonder at our differing as we do. It is true that too many of our poor
neighbours, heartsick at their condition here, have wandered forth
with nothing but the clothes on their backs and a hatchet in their
hands, without the guidance and assistance which are necessary to
their very lives in a new climate and condition of society; but this
folly, and the consequent hardship, have nothing to do with
emigration. It is to preclude such evils that I would have benefactors
like you demonstrate to the people what is essential to a successful
emigration, and that emigration is sure to be successful if well
conducted. As for its ultimate results, time will teach them to all; but
you, my dear Sir, with your objects and your resources, will be
inexcusable if you do not endeavour to anticipate them. It will be
unpardonable in you to adopt a manifestly short-sighted policy while
the philosophy of principles and the evidence of facts lie open before
you.”
“Fact is enough for me, romantic as many of my friends think me,”
replied Fellowes, smiling. “The fact will be, as you will witness, if we
both live, that two years hence our sixty superabundant labourers
with their families will have food without burthening the parish. This
is enough for me.”
“It will not always be enough. If you should live to see the
multiplied descendants of these sixty persons either suffering
themselves under pauperism, or displacing an equal number from
the ranks of employed labourers, you may wish that they had been
located where there was room for all without any arbitrary direction
of capital, or factitious employment of labour. If, in your old age, you
do not witness this, it will be because others have repaired your
mistake by conveying elsewhere the surplus you have created.”
“If we both live ten years, friend, you shall come and see how I
send forth those who once were paupers, with money in their hands,
ready to establish themselves reputably in society. There will be
nothing in this to make me repent.”
“No; your time for repentance will be when each of these monied
men sends two paupers to your gates;—when you find poverty
growing up round you, which you can relieve,—if at all,—only by a
late emigration. I am sure you will make your confessions to me
honestly, if that day should ever come.”
“I will, if you will give me faithful tidings of the Castles, and the
others who are going with them. Let me hear of all their struggles
and trials, from the outset till the end.”
“You shall, as far as I know them myself. Meanwhile, let us help
one another where we agree. Do you be on the watch to lessen the
number of dwellings as much as you can, and I will use my pastoral
influence in inducing the young folks to delay the publication of their
banns till they have secured something besides a bare shelter to
begin with.”
Chapter III.
NEW HOMES.
Ellen was the first of the family that arrived at Hobart Town in Van
Diemen’s Land. Next came the convict-ship, which was sent round to
Launceston to disembark its passengers; that port being nearer the
district where the convict labour was to be employed. When the
batch of parish emigrants arrived, a fortnight afterwards, Frank
found, on application to the proper government officer, that his sister
had landed in good health, and had received a high character from
the clergyman and his lady who had come over as superintendents
of the expedition; that Ellen had been forwarded, with a few of her
fellow-passengers, to the district where a service had been procured
for her as dairy-maid on a settler’s farm; and that care had been
taken that her parents and brother should be indentured to farmers
in the same neighbourhood. So far, all was well. Frank could learn
nothing about his brothers, except that they were to be landed at
Launceston, and that Launceston was within thirty miles of the spot
where he was to be located. The officer he was speaking to had
nothing to do with the arrangements respecting convicts: his
business was to take care of emigrant labourers on their arrival.
Castle himself could not help being pleased at the appearance of
things at Hobart Town, when he and Frank took a walk, the evening
after their arrival. The only objections he could think of were, that
there were few shops; that it was not at all likely that the country
inland should be half so civilized as what he saw; and that it was a
thing he had not been used to, to have Christmas fall at the hottest
time of the year, and the trees green all the winter through. It was
now May; and they told him that winter was coming on, and yet that
the woods would look as green as now all the time; and that the
snow, if there was any, would not lie more than a day on any ground
but the mountain tops, and a bleak common here and there. They
told him that for more than three hundred days in the year the sun
would shine all day, and the air be dry and pure, and seldom too hot
or too cold. All this was what he had not been used to, and did not
know how to believe. His son supposed that if it came true, he would
not object; as one of the consequences of such a climate is that
English people have much better health, and live, on the average, a
good deal longer at Van Diemen’s Land than at home. Castle
peevishly laughed at all talk about life and health, when it was, in his
opinion, doubtful whether they might not be starved to death within
three months. His son left this point to be demonstrated by time
rather than by argument; and meanwhile observed that there were
few signs of starvation about Hobart Town, in which, besides the
government residence, there are nearly eight hundred houses, most
of which are surrounded with gardens; the dwellings having been
originally built on separate allotments of land, of a quarter of an acre
each. The streets cross at right-angles, and command fine views of
the neighbouring country, and afford cheering evidences of the
success of the industry which has sought employment there. A dock-
yard is seen on the river’s brink; and corn-mills, tanneries, breweries,
a hat-manufactory, &c., are conspicuous in the midst of the town. An
amphitheatre of green hills rises to the westward, the crowning
summit of which is 4000 feet high; and from these hills descends a
fine stream of water, flowing through the town into the Derwent,
which, with its varying expanse and beautifully wooded bays and
sloping shores, forms the eastern boundary. This view was little
enough like what Castle had fancied in opposition to all that he had
been told. He was for ever picturing to himself a region of wild
woods, or bleak plains covered with snow; and he was now as much
surprised at the sight of meadows, hills, dales, and a thriving town,
with a blue sky overhead, as if he might not have known as much
before. He had complained of his hard lot in being indentured as a
shepherd; and no wonder, while he thought his flocks were to inhabit
a dreary wilderness; but now that he found he had nothing to fear
from storms and snow-drifts, that the pastures were excellent, the
springs plentiful, and the sheep as fine as the world can produce, he
began to think he might be worse off in point of occupation; though
he would give nobody the satisfaction of hearing him say so. His wife
was to be a domestic servant in the same farm where he was
shepherd; and even little Susan was carefully stipulated for; the
labour of children being valuable at almost any age, in a place where
much more assistance is wanted than can be had.
The first part of their journey to the Dairy Plains, (the district where
they were to settle,) was through the very choicest portion of the
island, both as to beauty and fertility. It is not surprising that those
who first surveyed this tract, and took it as a fair sample of the island
at large, should have represented Van Diemen’s Land as a terrestrial
paradise, and been suspected of exaggeration through the
favourableness of their report. The fact is, the island is supposed to
contain about 15,000,000 acres,—one-third of which is considered
arable, another third fit for sheep-pasture, and the rest unprofitable
at present. The country between Hobart Town and Launceston
consists of green hills and fertile plains, among which towns and
villages and solitary dwellings are interspersed. Rivers wind between
their wooded banks, and streams flow down from the high grounds.
Excellent macadamized roads run through the whole district, and
branch off to the growing settlements on either hand of the main
track. It was a great amusement to Frank to compare whatever he
met with that partook of the civilization of his own country with
whatever looked new and strange. Before leaving Hobart Town, he
had been all the more struck with its printing establishments, its
Mechanics’ Institute, its Book Society, and schools, from observing
the strangeness of the natural productions that he met at every step.
In the gardens he beheld tea trees where he had been accustomed
to see lilacs and laburnums; and cotton plants, myrtles, and
geraniums growing as tall as himself, and spreading out into bushes.
The very grass grows differently;—not stringy in the roots and
carpetlike in the surface, as in England; but in tufts. Parrots, instead
of canaries, were the pets of young ladies; and the bandicoot was
offered for sale instead of the rabbit. Cockatoos instead of crows
were to be frightened away from the fields and gardens; and flocks
of pigeons among the stubble looked as much like partridges as
pigeons; only more beautiful,—with their gold-dropped wings,—than
either species in England. On the road, in like manner, the freestone
bridge over the Jordan, the postman on horseback, the tillage and
inclosures, looked British; but the evergreen woods, in the midst of
which arose the peppermint tree to a lofty height;—the herds of
kangaroos coming out of their covert into the dewy plains at sunrise;
—the spotted opossums climbing and descending the forest trees;—
the black swans sailing on the lakes, and uttering cries like the
creaking of an old sign-board;—all appeared foreign, and scarcely
belonging to the people who had settled among them.
A sight of a yet different character met the eyes of the travellers
near the close of the second day, when they were drawing near their
future abode in the province called Norfolk Plains, in the centre of
which lay the Dairy Plains, where Ellen was expecting them. They
had for some time quitted the broad road, and were following a track
along which their waggon proceeded with tolerable convenience. At
last they came to a point beyond which it had not been carried, and
where a gang of labourers was at work roadmaking;—not as in
England, each man intent upon his own heap of stones, free in limb
and thoughtful in countenance;—not as in Ireland, where some are
lounging and all are joking;—but charged with the fetters of felons,
and superintended by an armed taskmaster. As Frank looked upon
these wretches, with their hardened or woful countenances, he felt
indeed that he was not in England, but in one of her penal
settlements,—breathing the air of one of the places where her vice
and misery are deposited. His very soul became sick when, as the
labourers turned to stare at the somewhat uncommon sight of a
waggon full of travellers, he met the eyes of his convict brothers. He
hoped that his companions would not perceive them; but he soon
found that his father did, by his testy complaints of the jolting of the
cart, of cold and heat, and what not. The unhappy mother looked on
her outcast children with as much curiosity as compassion. Bob
turned away, and stooped to his work, never looking up till they were
out of sight; but Jerry waved his cap and shouted, and dared Frank
to a wager which of them would first be free to work for themselves:
whether it would take longest to work out his sentence, or to pay for
Frank’s passage and settlement. This supplied a new theme of
complaint to Castle, who wrought himself up into a passion about his
being a slave, with all his family. Frank, who hated bondage as much
as any man, thought it could hardly be called slavery to contract to
work for one person for a certain time, in return for advantages which
could not otherwise be obtained. If disappointed of these
advantages,—of sufficient food, clothing, shelter, and money wages,
—the contract was void, and no harm done; if not disappointed, the
object was gained. The evil lay, not in their case as labourers; but as
honest men. Felons ought not to be let off so easily, (because their
labour happened to be more valuable than at home,) as to make
disgrace, for which many of them did not care, their only punishment;
their worldly circumstances being actually bettered by their removal
to a new colony. It was not that labourers need be better off than
their family would probably be, four or five years hence; but that
felons ought not to be placed in as good circumstances as the
honest emigrant at the end of the same period.
Frank was not yet aware (as he afterwards became) that, for want
of knowing the rate of wages at the colonies, emigrants often bind
themselves for a much lower rate than they might obtain if they went
free, or if they were properly informed of the existing state of things;
and thus think themselves deceived, and are tempted to break their
contract when they find how matters stand. This evil is to be referred
to the ignorance of emigrant labourers, quite as much as to the close
economy of the settlers, and should induce all who have heard of it
to obtain such information before concluding their bargain as will
save them from repentance afterwards, and guard them against
quarrels on this score with their new masters;—quarrels, which,
always a great evil, are most so in newly settled countries, where all
hands and hearts are wanted to work together for the common good.
As it is, a British artisan jumps at the offer of a plentiful subsistence
and 2s. a-day besides for five years, out of which the expenses of
his removal are to be paid; and for this rate he binds himself. When
he gets to his destination, he finds that this plentiful subsistence,
including meat, bread, beer or spirits, tea, sugar, comfortable
clothing, and a convenient dwelling, costs no more than 2s. a-day,
and that, if free, he might earn, being a good workman, from 7s. to
12s. a-day, or even 15s., if he be a superior mechanic of a scarce
class. It is mortifying to find that he has sold himself, however much
higher than formerly, for less than he is worth in his new position;
and hence arise discontents which embitter the first years of his new
life, if they do not occasion a breach of contract. The friends of a
rational plan of emigration should do their utmost to make known to
as many as it may concern, to what extent labour is wanted in the
colonies,—what is the rate of money wages in each, and what those
money wages will procure. The official information on these points
transmitted from Van Diemen’s Land in 1827, was, that common
labourers earn 3s. per day; common mechanics 7s.; better
mechanics, from 8s. to 12s.; best ditto, from 12s. to 15s.; and
persons of peculiar qualifications, fitted to superintend farms or other
undertakings, 1l. a-day. Since that time, wages are understood to
have risen. The price of wheat is 7s. a bushel; meat, 2d. or 3d. per
lb.; sugar, from 3d. to 6d.; and tea, from 1s. 6d. to 4s. per lb.—No
wonder that, amidst all their gratitude at being well provided for,
many such workmen as Frank are vexed and mortified to find how
much more they might have made of their labour.
Far other feelings, however, than those of discontent were
awakened in Frank by the aspect of his new abode. It was almost in
a state of nature, his employer, Mr. Stapleton, having preceded him
to take possession only a few days before: but it was far from being
a desolate spot in the midst of a waste, as settlers’ farms are wont to
be in colonies where the unwise object is to disperse the inhabitants,
instead of bringing them near to enjoy the advantages of a division of
labour and reciprocity of consumption. The Dutch government at the
Cape of Good Hope formerly forbade settlers to approach within
three miles of each other; and thus effectually prevented the full
improvement of the land, the construction of roads, and the opening
of a market for exchanges. Hence the Dutch settlers at the Cape are
to this day deprived of many advantages of civilized life. They have
too much of whatever they grow, and too little of what they would fain
buy; and are debarred the comforts of society and mutual help.
These evils are likely to be avoided by the method of disposing of
land now adopted by our government in Australia; the land being
sold on terms which make it the interest of the settler to improve his
tract, and to take advantage of a neighbourhood which may relieve
him of some of his produce. Mr. Stapleton, having been obliged to
choose his land carefully, and to pay 9s. an acre for it, (instead of
6d., or nothing at all, like some of the earlier inhabitants,) was not
tempted to wander away into the wilderness, and sit down where he
might happen to like the prospect, or to be smitten with some new
discovery of fish-ponds, woods, and meadows. He made his choice
instead among the lands of a certain district; and selected such, as
to extent and quality, as would on the whole best suit his purposes,
in conjunction with the privileges of a neighbourhood. His land,
though not of the very first quality, was good enough to have fetched
15s. per acre, if it had lain somewhat more to the north or east,
where the country was rapidly becoming better peopled; but it
stretched towards the unoccupied districts at the foot of the western
mountains, and was less valuable than if it had been surrounded by
civilization, instead of only bordering upon it.—It consisted,—not of
jungle and forest ground, where room must be made by the axe
before seed could be sown and sunshine visit it; but of a lightly
timbered and undulating surface of grass land, wanting only a single
burning to render it fit for the plough, or for a new growth of pasture.
The trees were not of the nature of copse and thicket; but growing in
clumps a hundred feet apart, and with clear stems, measuring ninety
feet or more to the lowest branch; thus affording spots for shade and
shelter without interfering with tillage. The boundaries, where not
formed by natural streams, were fixed by marking the trees; and
there was no immediate need of fences where neither man nor beast
was likely to trespass, and where there was at present no live stock
that could be in danger of straying. No one was near who could be
tempted to steal; for none were poor. The wild cattle, which in former
days did great mischief on the grounds of the settler, had long ago
been driven among the mountains, where it was supposed the race
had died out, as none now appeared. The few oxen and horses that
Stapleton brought with him were kept near the dwelling; and the rest
of the stock was not to follow till all was in readiness for its reception.
A rude shed had been hastily constructed for shelter, under a clump
of trees; and a few sawn planks were lying about: by which Frank
saw that the materials of his business were ready for him to begin
upon without delay. Tools and utensils were stowed away in corners,
or heaped under the trees, till their proper places were provided for
them; and a goodly row of casks and packages of provision stood in
the background. Frank had believed that his spirit of enterprise had
died within him under the hardships of his own country; but he now
felt it revive in a moment; and was anything but dismayed at the
prospect of what he had to do in his capacity of carpenter, before the
scene before him could put on the appearance of a snug and well-
managed farmstead. He saw in fancy the day when a little hamlet of
weather-boarded cottages would be sending up their blue smoke
among those trees; when cattle-sheds and sheep-pens would stretch
out behind the dwellings, and the busy forge and creaking timber-
wain would drown the cry of the quail, and scare away the
kangaroos that were now leaping over the plains. He did not forget to
add a very superior workshop and timber-yard to his picture of his
own dwelling; or to imagine his father looking down from among his
flock on the hills, or Ellen within sight, going forth in the bright early
morning with her milk-pail.
As if to answer to his thought, Ellen now appeared. She had stolen
half an hour to run in search of Mr. Stapleton, to ask once more how
soon he thought Frank might possibly arrive. Mr. Stapleton was
almost as eager for the event as herself; but he knew no more, and
was just dismissing her, disappointed, when the waggon was heard
approaching. While she waited a moment, straining her sight to
make out whether it was the right party, before she ran to meet them,
her brother jumped out, and even Castle started up with more
alacrity than he had shown since they landed. Before they could well
greet one another, Stapleton came up to ask where Frank’s tools
were, and to tell him that he was wanted very much indeed. He could
not refuse him permission to go forward one mile, in order to deposit
Castle and his wife at their new abode; but he lent a hand towards
emptying the waggon of his workman’s packages, and gave him
notice that he should be glad to see him back the first possible
moment.
“You will soon find what great people such as we are here,” said
Ellen, laughing. “This is the place to grow proud in. No more
lounging about the fields, Frank; no more leaning over gates
chewing straws, while nobody inquires for one. You will never need
to touch your hat and ask for work here; people will come begging
you to be so very kind as to put up a door for any pay you please.
This is the place to grow proud in.”
Frank observed, with a grave smile, that pride was dangerous to
one in Ellen’s place.
“Well, then, I will be proud of you, and you shall be proud of me;
and no harm can come of that.”
The first time that the brother and sister could obtain a few
minutes’ conversation without being overheard, Frank inquired,
“Now, Ellen, tell me straight forward. How do you like your
change?”
“Why, I more than half like it; but there are some things I do not
like.—It is a fine thing to be so well off, and to know that I shall be so:
and I do not mind the work, though it is rather hard, to be sure; and
my cows are nothing but a credit to me, and I have seen no animals
to be afraid of when I go out milking, though some of them leap
about very strangely indeed; and my mistress makes much of me, as
I told you; and her little worries are not much to be wondered at
when one thinks of the confusion we live in just now; and I dare say
there will be an end of them when we get our soap and candles
made out of the house, and another hand or two to help in the
brewing and washing. And then to think that father and you are so
well off——”
“But tell me what there is that you do not like.”
Ellen almost shuddered when she whispered that her fellow
servant, who ate at the same table, and slept in the same room, and
was her companion almost all day, was a convict, and had been sent
to this country for robbing an aged mistress who had confided in her,
and deserved gratitude instead of treachery from her. To be
compelled to hold daily and hourly intercourse with such a person
was a very great evil, and one which doubled Frank’s anxiety about
his sister. He was glad to hear that there was a probability of the
woman marrying as soon as she could obtain a remission of her
servitude by steady conduct.
A half smile which he perceived on Ellen’s lips when this part of
the story was being told, made him question her further respecting
the evils of her situation, or the trials which she might not be
disposed to consider exactly as evils. The idea in her mind was that
which he suspected,—that she might quit her service before her
convict companion.—Frank looked graver than ever. Who—what—
where was he,—the person that seemed to have made advances in
Ellen’s good graces already? She was eager to explain that there
was no one in particular yet. It was too early for her to have looked
about and settled her mind yet;—but there was this one, and that
one, and the other one, that carried her pail for her, morning and
evening, however busy he might be; or was ready to teach her how
to clean and card wool; or showed her what a pretty little homestead
he was about to have in the neighbourhood, and intimated how
happy she might be as the mistress of it.
“They hinder my work sadly, and their own too,” continued she,
blushing, “for all I tell them that I have nothing to say to any body yet.
I am so afraid any of them should have been convicts, (though I am
sure Harry Moore never was;) and I dare not ask mistress any thing
about them.”
“Ask her, by all means,” said Frank. “Or I will ask your master, if
you wish it. They only can tell us, and it is a point we must find out.
Meantime, keep to your business as quietly as you can. What makes
you so sure that Moore (is not that his name?) was never a convict?”
Ellen could give no better reason than that she could wager her
life upon it. She thought her brother grown very pertinacious on a
sudden, because this was not perfectly satisfactory to him; but Frank
was not pertinacious—only wary and affectionate.
Chapter V.