Manuel Pereira Or The Sovereign Rule of South Carolina Part 19

"Got sum corn, but ven ye gets bacon out o' dis craf' ye kotch wesel, dat a'n't got no hair on 'im," said Cesar.

The scene around was any thing but promising-disappointing to the captain's exalted ideas of Colonel Whaley's magnificent plantation. The old farm-house was a barrack-like building, dilapidated, and showing no signs of having lately furnished a job for the painter, and standing in an arena surrounded by an enclosure of rough slats. Close examination disclosed fragments of gardening in the arena, but they showed the unmistakable evidences of carelessness. At a short distance from this was a cl.u.s.ter of dirty-looking negro-huts, raised a few feet from the ground on palmetto piles, and strung along from them to the brink of the river were numerous half-starved cattle and hogs, the latter rooting up the sod.

It was now nearly slack water, on a high flood, and the schooner lay just above the bend of the creek. Presently a large, portly-looking man, dressed like as Yorkshire farmer, came, to the bank, and in a stentorious voice ordered the captain to haul into the creek at once!

The manner in which the order was given rather taxed the captain's feelings, yet he immediately set his men to work heaving up the anchor and carrying out "a line" to warp her in. But that slow motion with which negroes execute all orders, caused some delay, and no sooner had he, begun to heave on the line than the tide set strong ebb and carried him upon the lower point, where a strong eddy, made by the receding water from the creek, and the strong undertow in the river, baffled all his exertions. There she stuck, and all the warps and tow-lines of a seventy-four, hove by the combined strength of the plantation, would not have started her. When the tide left, she careened over toward the river, for there was no means at hand to sh.o.r.e her up.

One of the drivers went up and reported "Ma.s.sa captain got 'im ship ash.o.r.e," and down came Colonel Whaley, with all the pomp of seven lord mayors in his countenance. "What sort of a feller are you to command a ship? I'd whip the worst n.i.g.g.e.r on the plantation, if he couldn't do better than that. Rig a raft out and let me come o' board that vessel!"

said he, accompanying his demands with a volley of vile imprecations that would have disgraced St. Giles'.

"Do you know who you're talking to? You mus'n't take me for a n.i.g.g.e.r, sir! I know my duty, if you don't good manners," rejoined the captain.

"Do you know who owns that ship? you impudent feller, you! Take the sails off her, immediately-at once! or I'll shoot you, by heavens!" he bawled out again.

"Why didn't you say mud-scow? Call such a thing as this a ship? I don't care who owns her, I only know it's a disgrace to sail her; but I've got the papers, and you may help yourself. When you pay me for my time, and give me something for myself and these men to eat, you may take your old jebac--car-boat,--but you don't put a foot aboard her till you do!"

This made the colonel rage worse. "I'll teach you a lesson how you disobey my orders. Go get my rifle, Zeke," said the colonel, turning to an old negro who stood close by. And then calling to the men on board, he ordered them to take charge of the vessel and take the sails off her at once.

"Don't you move a hand to unbend a sail, Cesar! I don't know that man ash.o.r.e there. This vessel is mine until further orders from the persons who shipped me," rejoined the captain with an imperative demand to his men.

"Why, la! ma.s.sa, he own em dis ere vessel, an' he shoot em sartin if we done do him; ye done know dat ma.s.sa, as I does," said Cesar.

"Don't touch a hand to those sails, I command one and all of you.

There's two can play at shooting, and I'll shoot you if you disobey my orders." Then turning to those on sh.o.r.e, he warned them that he would shoot the first n.i.g.g.e.r that attempted to make a raft to come on board.

The reader will observe that the poor negroes were in a worse dilemma than the captain; goaded on the one side by a ruthless master, who claims ownership and demands the execution of his orders, while on the other extreme the hired master proclaims his right, and warns them against the peril of varying one iota from his commands. Here the clashing feelings of arbitrary men come together, which have placed many a good negro in that complex position, that he would be punished by one master for doing that which he would have been punished by the other if he had left undone.

It may be said to the colonel's credit, he did not return, rifle in hand, nor did the captain see him afterward; but a young gentleman, a son, who represented the father, came to the bank about an hour after the occurrence, and making a lame apology for his father's temper, requested the captain to come on sh.o.r.e. The latter had concluded to await the return of the tide, run the vessel back to Charleston, report his reception, and deliver the vessel up to the agents; but on further consideration, there was nothing to eat on board, and what could he do?

He went on sh.o.r.e, and held a parley with the young man, whom he found much more inclined to respect his color. "Your father took me for a n.i.g.g.e.r, and as such he presumed upon the dignity of his plantation. Now I know my duty, and have sailed in the finest ships and with the best masters in the country. All I want is proper respect, something to eat, what there is coming to me, and my pa.s.sage paid back to Charleston by land. No! I will not even request so much as that; give me something to eat, and my pa.s.sage to Charleston, and you may do what you please with the vessel, but I shall deliver the papers to n.o.body but the persons who shipped me. And I shall want you to see this little boy attended to, for he's quite sick now," said the captain, pointing to Tommy, and calling him to him.

"Oh yes," replied the young man, "we'll take care of the little fellow, and see him sent safely back," and took leave, promising to have another interview in the afternoon. About twelve o'clock a negro boy came to the vessel with a tin pan covered with a towel, and presenting it to Cesar, for "ma.s.sa cap'en and buckra boy." Cesar brought it aft and set it upon the companion. It contained some rice, a piece of bacon, corn-cake, and three sweet-potatoes.

"Coa.r.s.e fare, but I can get along with it. Come Tommy, I guess you're hungry, as well as myself," said the captain, and they sat down, and soon demolished the feast of Southern hospitality. About five o'clock in the evening, the young man not making his appearance, the Captain sent Tommy ash.o.r.e to inquire for him at the house, telling him (in order to test their feelings) that he could stop and get his supper. Tommy clambered ash.o.r.e, and up the bank wending his way to the house. The young man made his appearance, offering an apology for his delay and inattention, saying the presence of some very particular friends from Beaufort was the cause. "My father, you are aware, owns this vessel, captain!--You got a good dinner, to-day, by-the-by," said he.

"Yes, we got along with it, but could have eaten more," rejoined the captain.

"Ah! bless me, that was the n.i.g.g.e.r's fault. These n.i.g.g.e.rs are such uncertain creatures, you must watch 'em over the least thing. Well now, captain, my father has sent you five dollars to pay your pa.s.sage to Charleston!"

"Well, that's a small amount, but I'll try and get along with it, rather than stop here, at any rate," said the captain, taking the bill and twisting it into his pocket, and giving particular charges in regard to taking care of the boy. That night, a little after sundown, he took pa.s.sage in a downward-bound coaster, bid a long good-by to the Edisto and Colonel Whaley's plantation, and arrived in Charleston the next night. On the following morning he presented himself to the agents, who generously paid him, all his demands, and expressed their regrets at the circ.u.mstance. Acting upon the smart of feeling, the captain enclosed the five-dollar bill and returned it to the sovereign Colonel Whaley.

The Savannah Republican, of the 11th September, says-"We have been kindly furnished with the particulars of a duel which came off at Major Stark's plantation, opposite this city, yesterday morning, between Colonel E. M. Whaley, and E. E. Jenkins, of South Carolina." Another paper stated that "after a single exchange of shot, * * * * the affair terminated, but without a reconciliation." The same Colonel Whaley!

Either 'of these journals might have give particulars more grievous, and equally as expressive of Southern life. They might have described a beautiful wife, a Northern lady, fleeing with her two children, to escape the abuses of a faithless husband-taking shelter in the Charleston Hotel, and befriended by Mr. Jenkins and another young man, whose name we shall not mention-and that famous establishment surrounded by the police on a Sabbath night, to guard its entrances-and she dragged forth, and carried back to the home of unhappiness.

CHAPTER XXVII. THE HABEAS CORPUS.

THE Captain of the Janson had settled his business, and was anxious to return home. He had done all in his power for Manuel, and notwithstanding the able exertions of the consul were combined with his, he had effected nothing to relieve him. The law was imperative, and if followed out, there was no alternative for him, except upon the ground of his proving himself ent.i.tled to a white man's privileges. To do this would require an endless routine of law, which would increase his anxiety and suffering twofold. Mr. Grimshaw had been heard to say, that if an habeas corpus were sued out, he should stand upon the technicality of an act of the legislature, refuse to answer the summons or give the man up. No, he would himself stand the test upon the point of right to the habeas corpus, and if he was committed for refusing to deliver up the prisoner, he would take advantage of another act of the legislature, and after remaining a length of time in jail, demand his release according to the statutes. So far was Mr. Grimshaw impressed with his own important position in the matter, and of the course which he should pursue, that he several times told the prisoners that he should be a prisoner among them in a few days, to partake of the same fare.

Judge Withers, however, saved him the necessity of such important trouble. To those acquainted with Judge Withers it would be needless to dwell upon the traits of his character. To those who are not, we can say that his were feelings founded upon interest-moving in the foremost elements of secession-arbitrary, self-willed, and easily swayed by prejudice-a man known to the public and the bar for his frigidity, bound in his own opinions, and yielding second to the wishes and principles of none-fearful of his popularity as a judge, yet devoid of those sterling principles which deep jurists bring to their aid when considering important questions, where life or liberty is at stake-a mind that would rather reinstate monarchy than spread the blessings of a free government. What ground have we here to hope for a favorable issue?

Thus when the consul applied for the writ of habeas corpus, the right was denied him, notwithstanding the subject was heir-inherent to all the rights of citizenship and protection, which the laws of his own nation could clothe him with. To show how this matter was treated by the press-though we are happy to say the feelings of the mercantile community are not reflected in it-we copy the leader from the "Southern Standard," a journal published in Charleston, the editor of which professes to represent the conservative views of a diminutive minority.

Here it is:--

"CHARLESTON, APRIL 23, 1852. "Colored Seamen and State Rights.

"Our readers have not forgotten the correspondence which some time since took place between His Excellency Governor Means and Her British Majesty's Consul, Mr. Mathew. We published in the Standard, of the 5th December last, the very temperate, dignified, and well-argued report of Mr. Mazyck, chairman of the special committee of the Senate, to whom had been referred the message of the Governor, transmitting the correspondence. In our issue of the 16th December, we gave to our readers the able report of Mr. McCready, on behalf of the committee of the other house, on the same subject.

"We have now to call the attention of the public to the fact, that the practical issue has been made, by which the validity of the laws in regard to colored seamen arriving in our port is to be submitted to the judicial tribunals of the country. For ourselves we have no fears for the credit of the State in such a controversy. The right of the State to control, by her own legislation, the whole subject-matter, can, as we think, by a full discussion, be established upon a basis which, in the South at least, will never hereafter be questioned. If there be defects in the details of the regulations enacted, the consideration of them is now precluded, when the issue presented is the right of the State to act at all times in the premises.

"The writ of habeas corpus was applied for before Judge Withers, during the term of the court which has just closed, by the British consul, through his counsel, Mr. Petigru, in behalf of one Manuel Pereira, a colored sailor, who claims to be a Portuguese subject, articled to service on board an English brig driven into this port by stress of weather; the said Manuel Pereira being then in jail under the provisions of the act of the legislature of this State, pa.s.sed in 1835, emendatory of the previous acts on the subject. Judge Withers, in compliance with the requirements of the act of 1844, refused the writ of habeas corpus, and notice of appeal has been given. Thus is the issue upon us.

"We have but one regret in the matter, and that is that the case made is one where the party asking his liberty has been driven into our harbor involuntarily. Great Britain, it is true, is the last power which should complain on this account, with her own example in the case of the Enterprise before her eyes; but we do not, we confess, like this feature of the law. We have no doubt, however, that this fact being brought to the notice of the executive, he will interfere promptly to release the individual in the present case, provided the party pet.i.tions for the purpose, and engages at once to leave the State. But we shall see nothing of this. Mr. Manuel Pereira, like another John Wilkes, is to have settled in his person great questions of const.i.tutional liberty.

The posterity which in after times shall read of his voluntary martyrdom and heroic self-sacrifice in the cause of suffering humanity, must be somewhat better informed than Mr. Pereira himself; for we observe that his clerkly skill did not reach the point of enabling him to subscribe his name to the pet.i.tion for habeas corpus, which is to figure so conspicuously in future history, it being more primitively witnessed by his 'mark.'"

An appeal was taken from this refusal, and carried before the appeal court, sitting at Columbia, the capital of the State. How was this treated? Without enlisting common respect, it sustained the opinion of Judge Withers, who was one of its const.i.tuted members. Under such a state of things, where all the avenues to right and justice were clogged by a popular will that set itself above law or justice, where is the unprejudiced mind that will charge improper motives in asking justice of the highest judicial tribunal in the country.

In the year 1445, a pet.i.tion was presented, or entered on the rolls of the British Parliament, from the commons of two neighboring counties, praying the abatement of a nuisance which promised fearful interruptions to the peace and quiet of their hamlets, in consequence of the number of attorneys having increased from eight to twenty-four, setting forth that attorneys were dangerous to the peace and happiness of a community, and praying that there should be no more than six attorneys for each county.

The king granted the pet.i.tion, adding a clause which left it subject to the approval of the judges. Time works mighty contrasts. If those peaceable old commoners could have seen a picture of the nineteenth century, with its judiciary dotted upon the surface, they would certainly have put the world down as a very unhappy place. The people of Charleston might now inquire why they have so much law and so little justice?

CHAPTER XXVIII. THE CAPTAIN'S DEPARTURE AND MANUEL'S RELEASE.

AFTER remaining nearly three weeks in close confinement in a cell on the third story, Manuel was allowed to come down and resume his position among the stewards, in the "steward's cell." There was a sad change of faces. But one of those he left was there; and he, poor fellow, was so changed as to be but a wreck of what he was when Manuel was confined in the cell.

After little Tommy left, the Captain deposited a sum of money with the jailer to supply Manuel's wants. The jailer performed his duty faithfully, but the fund was soon exhausted, and Manuel was forced to appeal to his consul. With the care for its citizens that marks the course of that government, and the characteristic kindness of its representative in Charleston, the appeal was promptly responded to.

The consul attended him in person, and even provided from his own purse things necessary to make him comfortable. We could not but admire the n.o.bleness of many acts bestowed upon this humble citizen through the consul, showing the attachment and faith of a government to its humblest subject. The question now was, would the Executive release him? Mr.

Grimshaw had interposed strong objections, and made unwarrantable statements in regard to his having been abandoned by his captain, the heavy expenses incurred to maintain the man, and questioning the validity of the British consul's right to protect him. Under the effect of these representations, the prospect began to darken, and Manuel became more discontented, and anxiously awaited the result.

In this position, a pet.i.tion was despatched to the Executive, asking that the man might be released, on the faith of the British Government that all expenses be paid, and he immediately sent beyond the limits of the State.

But we must return and take leave of Captain Thompson, before we receive the answer to the pet.i.tion. The day fixed for his departure had arrived.

He had all his papers collected, and arose early to take his accustomed walk through the market. It was a little after seven o'clock, and as he approached the singular piece of wood-work that we have described in a previous chapter as the Charleston Whipping-post, he saw a crowd collected around it, and negroes running to the scene, crying out, "Buckra gwine to get whip! buckra get 'e back scratch!" &c. &c. He quickened his pace, and, arriving at the scene, elbowed his way through an immense crowd until he came to where he had a fair view. Here, exposed to view, were six respectably dressed white men, to be whipped according to the laws of South Carolina, which flog in the market for petty theft. Five of them were chained together, and the other scientifically secured to the machine, with his bare back exposed, and Mr. Grimshaw (dressed with his hat and sword of office to make the dignity of the punishment appropriate) laying on the stripes with a big whip, and raising on tip-toe at each blow to add force, making the flesh follow the lash. Standing around were about a dozen huge constables with long-pointed tipstaffs in their hands, while two others a.s.sisted in chaining and unchaining the prisoners. The spectacle was a barbarous one, opening a wide field for reflection. It was said that this barbarous mode of punishment was kept up as an example for the negroes.

It certainly is a very singular mode of inspiring respect for the laws.

He had heard much of T. Norman Gadsden, whose fame sounded for being the greatest negro-seller in the country, yet he had not seen him, though he had witnessed several negro-sales at other places. On looking over the papers after breakfast, his eye caught a flaming advertis.e.m.e.nt with "T.

Norman Gadsden's sale of negroes" at the head. There were plantation negroes, coachmen, house-servants, mechanics, children of all ages, with descriptions as various as the kinds. Below the rest, and set out with a glowing delineation, was a description of a remarkably fine young sempstress, very bright and very intelligent, sold for no fault. The notice should have added an exception, that the owner was going to get married.

He repaired to the place at the time designated, and found them selling an old plantation-negro, dressed in ragged, gray clothes, who, after a few bids, was knocked down for three hundred and fifty dollars. "We will give tip-top t.i.tles to everything we sell here to-day; and, gentlemen, we shall now offer you the prettiest wench in town. She is too well-known for me to say more," said the notorious auctioneer.

A number of the first citizens were present, and among them the Captain recognised Colonel S--, who approached and began to descant upon the sale of the woman. "It's a d--d shame to sell that girl, and that fellow ought to be hung up," said he, meaning the owner; and upon this he commenced giving a history of the poor girl.

"Where is she? Bring her along! Lord! gentlemen, her very curls are enough to start a bid of fifteen hundred," said the auctioneer.