Manuel Pereira Or The Sovereign Rule of South Carolina Part 5

Simmons, Jr., all to pieces-make the best stump speech-address a public a.s.semblage, and rivet all their minds-can make a jury cry quicker than any other man-can clear the worst criminal that ever committed crime-and he's good-hearted too-can draw the most astonishing comparisons to confound the minds of stupid jurors, and make them believe the d--dest nonsense that ever man invented. Yes, sir-when he makes a speech, everybody goes to hear him, for he says what he pleases, and old Judge Withers, whose will is as arbitrary as Julius Caesar's, and has got the obstinacy of Tom Boyce's mule, dar'n't attempt to control the tenor of his plea. And he can tell the best invented story of any man in town.

He cleared the villanous Doctor Hines once upon the color of his pantaloons."

George waited impatiently for the end of the political controversy, determined to introduce his friend to the colonel. He soon had an opportunity, for the colonel, finding himself beset by a set of unreasonable secessionists, made a sweeping declaration. "Gentlemen,"

said he, "let me tell you a modest fact: seven-eighths of the secession fire-eaters don't know what the proper meaning of government is: I make the charge against my own people-but it is true." "Traitor!

traitor!--traitor to South Carolina," was sounded at the top of a dozen voices.

"Then, if I am such in your opinions, I'm gratified to know that my feelings are my own. Good-night!"

Thus saying, he withdrew from the party, and making his way for the door, was saluted by George, who introduced him to his friend, the Captain. The colonel was a very sociable, communicative man; and taking the Captain's arm, as they walked along, entered into an interesting conversation about his voyage and first visit to the city, at the same time displaying his good sense in not trying to force the great things of South Carolina into his mind.

We, a few weeks afterward, had the good fortune to hear the legal abilities of this gentleman displayed in a plea at the bar. There were many good points in it, which, if not legally pointed, were said well; yet we should cla.s.s him as belonging to the loud school.

The Captain, thinking it a good opportunity to make some inquiries about his steward, as they proceeded, commenced in the following manner:

"Your laws are very stringent in South Carolina, I believe, sir!"

"Well, no sir," said the colonel, "if we except those which govern the n.i.g.g.e.rs; they of necessity must be so; we have had so many emeutes with them, that no law can be made too strict in its bearings. We have so many bad n.i.g.g.e.rs poured in upon us, that the whole cla.s.s is becoming corrupted."

"Your laws, of course, make a distinction between good and bad n.i.g.g.e.rs, and free negroes?" interposed the Captain.

"We make no distinction between the colors--some are as white as you are; but the grades are so complex that it would be impossible to make a sliding-scale law for any fixed complexions. The law which governs them is distinctive and comprehensive-made in order to shield the white population from their ignorance of law and evidence. We never could govern them in their respective spheres, unless the laws were made stringent in their effect. As for the free n.i.g.g.e.rs, they're the greatest nuisance we have; it is our policy to get rid of them, and to that end we tax them severely. The riddance of this cla.s.s of n.i.g.g.e.rs would be an essential benefit to our slaves, as upon account of their influence our negro-laws are made more stringent. And the worst of it is that they increase faster. But we make it a princ.i.p.al point to get all the free men we can married to slaves, and the free women run off. You, that are accustomed to the free inst.i.tutions of your country, may think some of these things singular at first; but you would soon become accustomed to them, and would really admire them when you saw how beautifully they worked."

"Is there no discretionary power left?" inquired the Captain. "It must be oppressive, if carried out; Good men-whether they be white or black-are ent.i.tled to the advantages due them; but where laws such as you describe are carried out, a good man's evidence being black, the intention could not be made white. Now, according to my idea of the law of nature, a man's merits are in his moral integrity and behaviour; therefore I should establish the rule that a good black man was better than a bad white man, and was as much ent.i.tled to the respect and government of law."

"Hi!--oh! Captain; it won't do to talk so in South Carolina. Just let a n.i.g.g.e.r imagine himself as good as a white man, and all the seven codes in Christendom wouldn't keep 'em under. Ah! you've got to learn a thing or two about n.i.g.g.e.rs yet," interrupted Master George, before the Colonel had time to speak.

"I only speak from my observation of human nature; but I may become better acquainted with your laws, if I remain among you," said the Captain.

"As I have said before sir," replied the Colonel, "our n.i.g.g.e.r-laws are such as to require a strict enforcement. If we allowed the prerogative of a discretionary power, it would open the way to an endless system of favoritism, just at the mercy and feelings of those exercising it. As it is now, the white or black n.i.g.g.e.r, male or female, gets the same law and the same penalty. We make no distinction even at the paddle-gallows. The paddle-gallows is a frame with two uprights, and a wrench screw at the top. The negro's hands are secured in iron wristlets-similar to handcuffs; a rope is then attached to an eye in these, and pa.s.sing over the wrench, which being turned, the negro is raised in an agonizing position until the tips of his toes scarcely touch the floor. Thus suspended, with the skin stretched to its utmost tension, it not unfrequently parts at the first blow of the paddle. Sometimes the feet are secured, when the effect of this modern science of demonstrating the tension of the human body for punishment becomes more painful under the paddle. South Carolinians deny this mode of punishment generally, and never allow strangers to witness it. It is not, as some writers have stated, practised in Georgia, where, we are happy to say, that so far as punishment is conducted in a legal manner, at the jails and prisons, it is administered in a humane manner; and instead of turning modern barbarity into a science, as is, done in South Carolina, a strict regard for the criminal is observed. I will relate some singular facts connected with the strictness with which we South Carolinians carry out our laws. And now that we are on the spot connected with it, its a.s.sociations are more forcibly impressed on my mind. It brings with it many painful remembrances, and, were we differently situated, I should wish the cause to be removed. But it cannot be, and we must carry out the law without making allowances, for in these little leniencies all those evils which threaten the destruction of our peculiar inst.i.tution creep in. In fact, Captain, they are points of law upon which all our domestic quietude stands; and as such, we are bound to strengthen our means of enforcing them to the strictest letter. Our laws are founded upon the ancient wisdom of our forefathers, and South Carolina has never traduced herself or injured her legal purity. We have reduced our system almost to a practical science, so complete in its bearings and points of government as to be worthy the highest and n.o.blest purposes of our country. And at the same time, such is the spirit and magnanimity of our people, that in framing laws to guard against the dangerous influences of that wing of our country that spreads its ambitious fallacies--its tempting attractions-shallow criticisms upon minute and isolated cases-redundant theories without measure or observation, and making a standard for the government of slaves upon foolish and capricious prejudices, we have been careful to preserve a conservative moderation toward the slave. But, to my remarks."

The party had now arrived opposite to what was formerly known as Jones's Hotel, where the Colonel made a halt to relate the singular case that had pained his feelings, though he held very tenaciously to the law as it was, because he believed strongly in the wisdom of the South Carolina judiciary.

"Our first and great object is to prevent the interchange of sentiment between our domestic n.i.g.g.e.rs, whether bond or free, and n.i.g.g.e.rs who reside abroad or have left our State; To do this, it became imperative to establish a law prohibiting free negroes from coming into the State, and those in the State from going out, under penalty of imprisonment and fine, if they returned. The penalty amounted to sale upon a peon form; and subjected the offender to the slave system in a manner that he seldom retrieved himself. You will observe, Captain, the penalty is not desired by our people, the object being to prevent them from returning, and as such it must be taken in the spirit of its origin. Another very wise provision was made by our legislators, and which has prevented a great deal of suffering on the part of the slave. A few years ago, our wise legislature made a law to revert the power of emanc.i.p.ation from the board of magistrates where it had been very much abused, to the House itself. And such is the law at the present day, that no master can give his slaves their freedom, except by special act of the legislature, and that with such a multiplicity of provisions and conditions that few even attempt it. But I'm about to refer to cases in which some modification might be said to have been necessary, because in them are embodied the worst germs for abolition speculation.

"That, Captain, is Jones's Hotel," said the Colonel, pointing to an odd-looking house of antique and mixed architecture, with a large convex window above the hall-entrance, in the second story. This house is situated in Broad street, next to the aristocratic St. Michael's Church, one of the most public places in the city. "In years past, that house was kept by Jones, a free n.i.g.g.e.r. Jones was almost white, a fine portly-looking man, active, enterprising, intelligent, honest to the letter, and whose integrity and responsibility was never doubted. He lived in every way like a white man, and, I think, with few exceptions, never kept company with even bright folks. His house was unquestionably the best in the city, and had a widespread reputation. Few persons of note ever visited Charleston without putting up at Jones's, where they found, not only the comforts of a private house, but a table spread with every luxury that the county afforded. The Governor always put up at Jones's; and when you were travelling abroad, strangers would speak of the sumptuous fare at Jones's in Charleston, and the elegance and correctness of his house. But if his house and fare were the boast of Carolinians, and the remark of strangers, his civility and courteous attention could not be outdone. Jones continued in the popularity of his house for many years, reared a beautiful, intelligent, and interesting family; at the same time acc.u.mulated about forty thousand dollars. The most interesting part of his family was three beautiful daughters, the eldest of whom was married to a person now in New York. She was fairer than seven-eighths of those ladies who term themselves aristocracy in Charleston, and promenade King street in the afternoon.

"She removed to New York with her husband, who now resides in that city, engaged in lucrative and respectable business. A short time after, her second sister-not dreaming that the law would be so stringent as to cla.s.s her with the lowest n.i.g.g.e.r, or even lay its painful bearings at her door; for the family were very high-minded, and would have considered themselves grossly insulted to have the opprobrious name of n.i.g.g.e.r applied to them-paid her a visit. The public became acquainted with the fact, and to his surprise, Jones was informed by authority that upon no condition could she be allowed to return-that the law was imperative, and no consideration could be given to the circ.u.mstances, for such would be virtually destroying its validity, and furnishing a precedent that would be followed by innumerable cases. In spite of all the remonstrances which Jones could set forth, and the influence of several friends of high standing, he was compelled to relinquish all hope of his daughter's being allowed to return to the family. The reasoning set forth had every plausibility; but such is our respect for the law, that we were compelled to forego our hospitality, and maintain it, even though the case was painful to our feelings. Thus, you see, we maintain the point and spirit of the law above every thing else.

"But the end is not here! A few years after this, Jones received a letter, that his daughter was very sick and not expected to live-accompanied with a desire to have the last soothing comfort of seeing her parents. Jones being an affectionate man, and dotingly fond of his children, without regarding the former admonition, immediately prepared himself, and left in disguise for New York. Mature consideration would have convinced him of the error of one so well known as himself trying to elude recognition.

"His son-in-law, Lee, a n.o.ble fellow, kept the house, and when Jones was inquired for, it was reported that he was confined to his room. It would have been well if Jones had kept himself secluded in New York; but he was recognised by a Charlestonian, and, as such reports have uncommon wings, the news of it soon reached the authorities; when a mandate was issued accordingly, and Jones subjected to the fate of his daughter.

There are many painful circ.u.mstances connected with the affair, which, if well told, would make quite a romance," said the Colonel, all of which the Captain listened to with profound attention. "His family all moved to New York, and his affairs were put into the hands of attorneys here, for settlement, by his son-in-law, who continued the business for some years."

"Of course he got his property restored to him?" interrupted the Captain.

"Most certainly, Captain! The spirit of justice is coequal with that of honorable law, in South Carolina," said George, anxious to relieve the Colonel of the answer.

"It is somewhat difficult to settle a man's business by legal process when the princ.i.p.al is not present. The law's delay and lawyers' spoils make time hallowed and costly," said the Captain.

"You're right there, Captain," said the Colonel; "and I doubt-to speak honestly-whether Jones ever got much of his property. There's a good many stories told, and a great deal of mystery about it that's got to be explained to my mind. But you're a stranger, Captain, and it would not be interesting to the feelings of a Scotchman. I may give you the details more minutely at some future day."

"Why, Colonel!" said George, "you should be considerate in your statements. Remember the immense difficulty that has attended Jones's affairs-they're not all settled yet."

"True, George; and I'm afraid they never will be;--but there are some very singular appearances connected with it. I mean no personal disrespect toward those cousins of yours who have figured in the case.

'Tis bad to call names, but there is a mystery about a certain member of our profession getting rich, when poor Jones declares he's got nothing, and Lee has had to give up the house,--I don't say what for." * * *

"Yes, strange things must be kept strangely secret in some parts of the world, and only whispered when there's no wind," said the Captain.

"But that's the only case, Captain," said George; "and the Colonel was indiscreet in recounting it; for from that you may conceive wrong impressions of the best inst.i.tutions and laws in the world. Jones was an old fool, led away by his n.i.g.g.e.r-like affections for them gals of his.

He never knew when he was well off, and always wanted to be with white folk when he was here. 'Twould been a great deal better if he'd let them youngest gals gone with Pingree and Allston. They'd have made the tip-top mistresses--been kept like ladies, and not been bothered, and brought all this trouble upon their heads through these infernal abolitionists. I really believe the old fool thought some white man would marry them at one time."

"What harm would there've been in that, providing they're as white as anybody, and got plenty of money, and were handsome? There must be a singular sensibility, that I don't understand, exerting itself in your society," said the Captain laconically.

"Harm! You'd find out the harm. Just live in South Carolina a year or two. 'Tisn't the fair complexion-we don't dispute that-but it's the blood."

"Oh! then the legal objection," said the Captain, "is what is so revolting to society, eh! It may be sown broadcast in licentiousness, then, and custom sustains an immoral element that is devouring the essential bond of society."

"Excuse me, Captain," interrupted the Colonel. "George, you are always taking me upon suppositions. I only related it to the Captain in order to show the power and integrity of our law, and how South Carolinians frequently sacrifice their own interests to maintain it intact. Nothing could be more fatal to its vitality than to make provisions which would entail legal preferences. The law in regard to free n.i.g.g.e.rs leaving the State should be looked upon in the light of protection rather than alienation, for it is made to protect property and society. Yet where a case is attended with such circ.u.mstances as that of Jones's, some disposition to accommodate might have been evinced without endangering the State's sovereignty. And I must also differ with you, George, so far as the girls maintained their self-respect. It was commendable in them to get husbands whom they could live with in the bonds of matrimony.

My word for it, George, though I am a Southerner, and may give rein to improprieties at times, nothing can be more pernicious to our society than this destructive system of our first people in keeping mistresses.

It's a source of misery at best, depending upon expediency instead of obligation, and results in bringing forth children and heirs with an entailed burden upon their lives, to be disowned, cast off from paternal rights, and left to the tender mercies of the law. We see the curse, yet countenance it-and while it devours domestic affections and has cankered the core of social obligations, we look upon it as a flowery garden as we pa.s.s by the wayside.. There may be but a shadow between the rightful heir and the doubtful son-the former may enjoy the bounty of his inheritance, but the latter is doomed to know not his sire nor his kinsman, but to suffer the doubts and fears and the dark gloom which broods over a bondman's life."

"By-je-w-hu! Colonel, what in scissors are you preaching about. You must a' got a pull too much at Bakers's. You're giving vent to real abolition sentiments. Exercise your knowledge of the provision that is made for such children. The Captain will certainly draw incorrect notions about us," said George, with anxiety pictured on his countenance. He knew the Colonel's free, open, and frank manner of expressing himself, and feared lest the famous name of the chivalry should suffer from his unconscious disclosures.

"Provisions! George, you know my feelings concerning that vice which is so universally practised in our community. If you know of any provision, it's more than I do. Perhaps you are older and have had more experience.

'Tis the want of such a provision that is just destroying our inst.i.tution of slavery!"

At this juncture the Captain interrupted them, and begging that the Colonel would finish the story about Jones, said he had a few questions to ask them after it was through.

"Well," said the Colonel, "Jones died, I believe; but his family are as industrious as ever, and have made money enough to live comfortable; but the scamps have turned out perfect helpmates of the abolitionists, and make their intelligence figure at the bottom of many an escape. But Lee's case is as hard as Jones's. His son went to New York to see his grandfather, and was debarred by the same statute of limitations. Lee, however, was a very capable fellow, and after trying for two years, and finding it would be impossible to return to his father, very shrewdly set about some kind of business, and is now largely engaged in the preserve and pickle business. Lee's celebrated pickle and preserve establishment, New York. The father is now in this city, making a living for his family at something or other. He has made several efforts to sell out his little property, but there's some trouble about the t.i.tle; and if he leaves it to go and see his son, he knows what the consequences will be; and to leave it for settlement would be to abandon it, to the same fate that swallowed up Jones's. Thus the son cannot come to visit his father, nor the father go to visit the son. This, in my opinion, is carrying a prohibition to an extreme point; and although I believe the law should be maintained, I cannot believe that any good arises from it upon such people as the Jones's and Lee's, from the very fact that they never a.s.sociated with n.i.g.g.e.rs. Hence, where there is no grounds for fear there can be no cause for action," continued the Colonel.

"Just what I wanted to know," said the Captain. "As I informed you, I am driven into your port in distress. Charleston, as you are aware, is in an advantageous lat.i.tude for vessels to refit that have met with those disasters which, are frequent in the gulf and among the Bahamas. Thus I expected to find good facilities here, without any unkind feeling on the part of the people"--

"Oh! bless me, Captain, you will find us the most hospitable people in the world," said the Colonel.

"But your pilot told me I would have trouble with my steward, and that the law would make no distinction between his being cast upon your sh.o.r.es in distress and subject to your sympathy, and his coming in voluntarily."

"What!" said little George. "Is he a n.i.g.g.e.r, Captain? Old Grimshaw's just as sure to nab him as you're a white man. He'll buy and sell a saint for the fees, and gives such an extended construction to the terms of the act that you need expect no special favor at his hands. The law's no fiction with him. I'm sorry, Captain: you may judge his conduct as an index of that of our people, and I know him so well that I fear the consequences."

"No!" said the Captain. "My steward is a Portuguese, a sort of mestino, and one of the best men that ever stepped foot aboard a vessel. He is willing, intelligent, always ready to do his duty, and is a great favorite with his shipmates, and saves his wages like a good man-but he is olive complexion, like a Spaniard. He has sailed under the British flag for a great many years, has been 'most all over the world, and is as much attached to the service as if he was a Londoner, and has got a register ticket. Nothing would pain my feelings more than to see him in a prison, for I think he has as proud a notion of honesty as any man I've seen, and I know he wouldn't commit a crime that would subject him to imprisonment for the world. The boys have been pestering the poor fellow, and telling him about some old fellow they heard the pilot speak about, called Norman Gadsden; they tell him if he catches him they'll sell him for a slave."

"The question is one about which you need give yourself no concern. Our people are not so inhuman but that they will shelter a castaway sailor, and extend those comforts which are due from all humane people. The act under which seamen are imprisoned is the law provided to prohibit free n.i.g.g.e.rs from entering our port, and, in my opinion, was brought into life for the sake of the fees. It's no more nor less than a tax and restriction upon commerce, and I doubt whether it was ever the intention of the framers that it should be construed in this manner. However, so far as your steward is con-cerned, the question of how far his color will make him amenable to the law will never be raised; the mere circ.u.mstance of his being a seaman in distress, thrown upon our sympathies, will be all you need among our hospitable people. I'm not aware of a precedent, but I will guaranty his safety from a knowledge of the feelings of our people. Our merchants are, with few exceptions, opposed to the law in this sense, but such is the power and control of a cla.s.s of inexperienced legislators, prompted by a most trifling clique of office-holders, that their voice has no weight. I am opposed to this system of dragging people into courts of law upon every pretext. It is practised too much in our city for the good of its name."

Upon this the Colonel and little George accompanied the Captain to his ship, and, expressing their heartfelt regrets at her appearance, bid him good-night-George promising to call upon him in the morning, and the Colonel charging him to give himself no trouble about his steward, that he would see Mr. Grimshaw that night, and make all things straight.

Thus ended the Captain's first night in Charleston, and represented a picture from which he might have drawn conclusions somewhat different from the actual result. Alas! that all the good fellowship and pleasant a.s.sociations of a people should be disgraced by an absurdity arising from their fears.

The Colonel might have given many other instances equally as painful as that connected with the transportation of Jones and his family, and the fetters that were placed upon poor Lee. He might have instanced that of Malcome Brown, a wealthy, industrious, honest, high-minded, and straightforward man, now living at Aiken, in South Carolina. Brown conducts a profitable mechanical business, is unquestionably the best horticulturist in the State, and produces the best fruit brought to the Charleston market. What has he done to be degraded in the eyes of the law? Why is he looked upon as a dangerous citizen and his influence feared? Why is he refused a hearing through those laws which bad white men take the advantage of? He is compelled to submit to those which were made to govern the worst slaves! And why is he subjected to that injustice which gives him no voice in his own behalf when the most depraved whites are his accusers? Can it be the little crimp that is in his hair? for he has a fairer skin than those who make laws to oppress him. If he inhaled the free atmosphere from abroad, can it be that there is contagion in it, and Malcome Brown is the dreaded medium of its communication? And if the statement rung in our ears be true, "that the free colored of the North suffer while the slave is cared for and comfortable," why belie ourselves? Malcome's influence is, and always has been, with the whites, and manifestly good in the preservation of order and obedience on the part of the slaves. He pursues his avocation with spirit and enterprise, while he is subjected to menial and oppressive laws. His father visited New York, and was forbidden to return. He appealed again and again, set forth his claims and his integrity to the State and her laws, but all was of no avail. He was hopelessly banished, as it were, from ever seeing his son again, unless that son would sacrifice his property and submit to perpetual banishment from the State. If we reflect upon the many paternal a.s.sociations that would gladden the hearts of father and child to meet in happy affection, we may realize the effect of that law which makes the separation painful and which denies even the death-bed scene its last cheering consolation.

We have conversed with poor Brown on many occasions, found him a very intelligent man, full of humour, and fond of relating incidents in the history of his family-even proud of his good credit in Charleston. He frequently speaks of his father and the gratifying hope of meeting him at some future day, when he can give vent to his feelings in bursts of affection. He wants his father to return and live with him, because he says he knows they would be more happy together. "I suppose the law was made in justice, and it's right for me to submit to it," he would say when conversing upon its stringency; and it also seems a sort of comfort to him that he is not the only sufferer.