a father's trials
if modern christianity, as improved in our southern world-we mean our world of slavery-had blushes, it might improve the use of them were we to recount in detail the many painful incidents which the improved and very christianly process of separating husbands from wives, parents from children, brothers from sisters, and friends from all the ties and associations the heart, gives birth to. negroes have tender sympathies, strong loves. reader, we will save your feelings,--we will not recount them; our aim is not to excite undue feeling, but to relate every-day scenes.
days and weeks pass on drearily with marston. unhappy, forlorn, driven to the last extremity by obdurate creditors, he waits the tardy process of the law. he seldom appears in public; for those who professed to be his best friends have become his coldest acquaintances. but he has two friends left,--friends whose pure friendship is like sweetest dew-drops: they are franconia and daddy bob. the rusty old servant is faithful, full of benevolence, gratitude, and unshaken fidelity; the other is the generous woman, in whose bosom beat the tender impulses of a noble soul. those impulses have been moved to action in defence of the innocent; they never can be defeated. bob is poor, abject, and old with toil. he cares not to be free,--he wants mas'r free. but there yet remains some value in bob; and he has secreted himself, in hopes of escaping the man-dealer, and sharing his earnings in the support of old mas'r. franconia is differently situated; yet she can only take advantage of circumstances which yet depend upon the caprice of a subtle-minded husband. over both these friends of the unfortunate, slavery has stretched its giant arms, confusing the social system, uprooting the integrity of men, weakening respect for law, violating the best precepts of nature, substituting passion for principle, confounding reason, and enslaving public opinion.
under the above disorganising state of the social compact, the children, known to be marston's, are pursued as property belonging to the bankrupt estate. when the law has made it such, it must be sold in satisfaction of marston's debts.
seven months have passed since they were shut up in a felon's cell. they have been visited by marston; he has been kind to them,--kind as a father could be under such circumstances. franconia has not forgotten them: she sends many little things to lighten the gloom of their confinement; but society closes her lips, and will frown upon any disclosure she may make of their parentage. were she to disclose it to colonel m'carstrow, the effect would be doubtful: it might add to the suspicious circumstances already excited against her unfortunate uncle. the paramount question-whether they are hereafter to be chattel slaves, or human beings with inalienable rights-must be submitted to the decision of a judicial tribunal. it is by no means an uncommon case, but very full of interest. it will merely be interesting-not as involving any new question of law, nor presenting new phases of southern jurisprudence-in showing what very notorious dealers in human kind, and lawyers of great legal ability, can morally and legally perform. it will show how great men figure in the arena of legal degradation, how they unravel the mystery of slave power.
graspum, professedly uninterested, has purchased the claims, and will pursue the payment in the name of the original plaintiffs. with romescos's cunning aid, of course the trial will be a perfect farce, the only exception being that the very profound mr. graspum will exhibit a degree of great sincerity on his part.
the sessions are sitting; the day for the trial of this important case has arrived; the little dingy court-room is early crowded to excess, but there is not much expression of anxiety. men speak lightly of the issue, as if some simple game were to be played. the judge, a grave-looking gentleman of no ordinary mien, in whose full countenance sternness is predominant in the well-displayed estimation in which he holds his important self, walks measuredly into court-the lacqueys of the law crying "court! court!" to which he bows-and takes his seat upon an elevated tribune. there is great solemnity preserved at the opening: the sheriff, with well-ordained costume and sword, sits at his honour's left, his deputy on the right, and the very honourable clerk of the court just below, where there can be no impediment during the process of feeding "the court" on very legal points of "nigger law." in truth, the solemnity of this court, to those unacquainted with the tenor of legal proceedings at the south, might have been misconstrued for something more in keeping with justice.
the legal gentlemen, most modest of face, are seated round the bar-a semicircular railing dividing their dignity from the common spectator-waiting the reading of the docket. the clerk takes his time about that, and seems a great favourite with the spectators, who applaud his rising. he reads, the sheriff crying "order! order!" while the judge learnedly examines his notes. some consultation takes place between several of the attorneys, which is interlarded with remarks from the judge, who, with seeming satisfaction to all parties, orders the case of b. c. r. k. marston's writ of replevin to be called and proceeded with. "as there are three fi fas," says the junior attorney for the defendants, a very lean strippling of the law, just working his way up in the world, "i object to the manner of procedure; the case only involves a question of law, and should be submitted to the special decision of the court. it is not a matter for a jury to decide upon," he concludes. the judge has listened to his remarks, objections, and disclaimers, with marked attention; nevertheless, he is compelled to overrule them, and order the case to proceed. upon this it is agreed among the attorneys-happy fellows, always ready to agree or disagree-that a decision taken upon one fi fa shall be held as establishing a decision for all the cases at issue.
the children are now brought into court, and seated near one of the attorneys. marston stands, almost motionless, a few steps back, gazing upon them as intently and solicitously as if the issue were life or death. deacon rosebrook, his good lady, and franconia, have been summoned as witnesses, and sit by the side of each other on a bench within the bar. we hear a voice here and there among the crowd of spectators expressing sympathy for the children; others say they are only "niggers," and can't be aught else, if it be proved that marston bought the mother. and there is mr. scranton! he is well seated among the gentlemen of the legal profession, for whom he has a strong fellow feeling. he sits, unmoved, in his wonted moodiness; now and then he gives the children a sly look of commiseration, as if the screws of his feelings were unloosing. they-the little property-look so interesting, so innocent, so worthy of being something more than merchandise in a land of liberty, that mr. scranton's heart has become irresistibly softened. it gets a few degrees above mr. scranton's constitutional scruples. "painful affair this! what do you think of it, mr. scranton?" enquires a member of the profession, touching his arm.
"it is the fruit of marston's weakness, you see!-don't feel just straight, i reckon. didn't understand the philosophy of the law, neither; and finds himself pinched up by a sort of humanity that won't pass for a legal tender in business-"
"ah! we cannot always look into the future," interrupts the attorney.
mr. scranton holds that whatever is constitutional must be right and abidable; that one's feelings never should joggle our better understanding when these little curiosities come in the way. he admits, however, that they are strange attendants coming up once in a while, like the fluctuations of an occult science. with him, the constitution gives an indisputable right to overlook every outrage upon natural law; and, while it exists in full force, though it may strip one half the human race of rights, he has no right to complain so long as it does not interfere with him. it strikes mr. scranton that people who differ with him in opinion must have been educated under the teaching of a bad philosophy. great governments, he holds, often nurture the greatest errors. it matters not how much they feel their magnitude; often, the more they do, the least inclined are they to correct them. others fear the constitutional structure so much, that they stand trembling lest the slightest correction totter it to the ground. great governments, too, are most likely to stand on small points when these errors are pointed out. mr. scranton declares, with great emphasis, that all these things are most legally true, perfectly natural: they follow in man as well as governments.
with all due deference to mr. scranton's opinion, so much demanded among his admiring neighbours, it must be said that he never could bring his mind to understand the difference between natural philosophy and his own constitutional scruples, and was very apt to commit himself in argument, forgetting that the evil was in the fruits of a bad system, bringing disgrace upon his countrymen, corrupting the moral foundation of society, spreading vice around the domestic fireside, and giving to base-minded men power to speculate in the foulness of their own crimes.
the case is opened by the attorney for the plaintiff, who makes a great many direct and indirect remarks, and then calls witnesses. "marco graspum!" the clerk exclaims. that gentleman comes forward, takes his place, calmly, upon the witnesses' stand. at first he affects to know but little; then suddenly remembers that he has heard marston call their mothers property. further, he has heard him, while extolling their qualities, state the purchase to have been made of one silenus, a trader.
"he stated-be sure now!-to you, that he purchased them of one silenus, a trader?" interpolates the judge, raising his glasses, and advancing his ear, with his hand raised at its side.
yes, yer honour!" "please observe this testimony," rejoins the attorney, quickly. he bows; says that is enough. the opposing attorney has no question to put on cross-examination: he knows graspum too well. being quite at home with the gentlemen of the legal profession, they know his cool nonchalance never can be shaken upon a point of testimony.
"any questions to put?" asks the legal opponent, with an air of indifference.
"no, nothing," is the reply.
his brother of special pleas smiles, gives a cunning glance at graspum, and wipes his face with a very white handkerchief. he is conscious of the character of his man; it saves all further trouble. "when we know who we have to deal with, we know how to deal," he mutters, as he sits down.
graspum retires from the stand, and takes his seat among the witnesses. "we will now call anthony romescos," says the attorney. a few minutes' pause, and that individual rolls out in all his independence, takes his place on the stand. he goes through a long series of questioning and cross-questioning, answers for which he seems to have well studied.
the whole amounts to nothing more than a corroboration of graspum's testimony. he has heard marston call their mothers property: once, he thinks, but would hesitate before pledging his honour, that marston offered to him the woman clotilda. yes; it was her!
considerable excitement is now apparent; the auditory whisper among themselves, attorneys put their heads together, turn and turn over the leaves of their statutes. his honour, the court, looks wiser still. marston trembles and turns pale; his soul is pinioned between hope and fear. romescos has told something more than he knows, and continues, at random, recounting a dozen or more irrelevant things. the court, at length, deems it necessary to stop his voluntary testimony, orders that he only answer such questions as are put to him.
"there's no harm in a feller tellin' what he knows, eh! judge?" returns romescos, dropping a quid of tobacco at his side, bowing sarcastically to the judge, and drawing his face into a comical picture.
mr. romescos is told that he can stand aside. at this seemingly acceptable announcement, he bristles his crispy red hair with his fingers, shrugs his shoulders, winks at two or three of the jurymen, pats graspum on the shoulder as he passes him, and takes his seat.
"we will close the case here, but reserve the right of introducing further testimony, if necessary," says the learned and very honourable counsel.
the defence here rises, and states the means by which his client intends to prove the freedom of the children; and concludes by calling over the names of the witnesses. franconia! franconia! we hear that name called; it sounds high above the others, and falls upon our ear most mournfully. franconia, that sweet creature of grace and delicacy, brought into a court where the scales of injustice are made to serve iniquity!
franconia's reserve and modesty put legal gentlemen's gallantry to the test. one looks over the pages of his reports, another casts a sly look as she sweeps by to take that place the basest of men has just left. the interested spectators stretch their persons anxiously, to get a look at the two pretty children, honourable and legal gentlemen are straining their ability to reduce to property. there stands the blushing woman, calm and beautiful, a virtuous rebuke to curious spectators, mercenary slave dealers, the very learned gentlemen of the bar, and his enthroned honour, the court! she will give testimony that makes nature frown at its own degradation. not far from franconia sits the very constitutional mr. scranton, casting side glances now and then. our philosopher certainly thinks, though he will not admit it, the chivalry is overtaxing itself; there was no occasion for compelling so fair a creature to come into court, and hear base testimony before a base crowd,--to aid a base law in securing base ends. and then, just think and blush, ye who have blushes to spare.
"will the learned gentleman proceed with the examination of this witness?" says his honour, who, pen in hand, has been waiting several minutes to take down her testimony. court and audience, without knowing why, have come to an unconscious pause.
"will the witness state to the court in what relation she stands to the gentleman who defends title freedom of the children,--mr. hugh marston?" says the attorney, addressing his bland words to franconia, somewhat nervously.
"he--he--he--is my--," she mutters, and stops. her face turns pale; then suddenly changes to glowing crimson. she rests her left hand on the rail, while the judge, as if suddenly moved by a generous impulse, suggests that the attorney pause a moment, until the deputy provides a chair for the lady. she is quiet again. calmly and modestly, as her soft, meaning eyes wander over the scene before her, compelled to encounter its piercing gaze, the crystal tears leave their wet courses on her blushing cheeks. her feelings are too delicate, too sensitive, to withstand the sharp and deadly poison of liberty's framework of black laws. she sees her uncle, so kind, so fond of her and her absent brother; her eye meets his in kindred sympathy, imagination wings its way through recollections of the past, draws forth its pleasures with touching sensations, and fills the cup too full. that cup is the fountain of the soul, from which trouble draws its draughts. she watches her uncle as he turns toward the children; she knows they are his; she feels how much he loves them.
the attorney--the man of duty--is somewhat affected. "i have a duty to perform," he says, looking at the court, at the witness, at the children, at the very red-faced clerk, at the opposing counsel, and anything within the precincts of the court-room. we see his lips move; he hesitates, makes slight gesticulations, turns and turns a volume of blackstone with his hands, and mutters something we cannot understand. the devil is doing battle with his heart-a heart bound with the iron strings of the black law. at length, in broken accents, we catch the following remarks, which the learned gentleman thinks it necessary to make in order to save his gallantry:--"i am sorry--extremely sorry, to see the witness, a lady so touchingly sensitive, somewhat affected; but, nevertheless" (the gentleman bows to the judge, and says the court will understand his position!) "it is one of those cases which the demands of the profession at times find us engaged in. as such we are bound, morally, let me say, as well as legally, to protect the interests of our clients. in doing so, we are often compelled to encounter those delicate irregularities to which the laws governing our peculiar institutions are liable. i may say that they are so interwoven with our peculiar institution, that to act in accordance with our duty makes it a painful task to our feelings. we--i may appeal to the court for corroboration--can scarcely pursue an analysation of these cases without pain; i may say, remorse of conscience." mr. petterwester, for such is his name, is evidently touched with that sense of shame which the disclosures of the black system bring upon his profession. this is aided by the fascinating appearance of the witness on the stand. it is irresistible because it is at variance with those legal proceedings, those horrors of southern jurisprudence, which he is pressing for the benefit of his clients. again he attempts to put another question, but is seized with a tremor; he blushes, is nervous and confused, casts a doubting look at the judge. that functionary is indeed very grave--unmoved. the responsibility of the peculiar institution sorely hardened the war of heart against head that was waging among the learned gentlemen; but the institution must be preserved, for its political power works wonders, and its legal power is wondrously curious. "please tell the court and jury what you know about the relation in which these children stand to the gentleman who asserts their freedom, dear madam? we will not trouble you with questions; make a statement," says mr. petterwester, with great sincerity of manner. indeed, mr. petterwester has been highly spoken of among the very oldest, most respectable, and best kind of female society, for his gallantry.
the brother opposite, a small gentleman, with an exceedingly studious countenance, dressed in shining black, and a profusion of glossy hair falling upon his shoulders, rises with great legal calmness, and objects to the manner of procedure, describing it as contrary to the well-established rules of the bar. the court interpolates a few remarks, and then intimates that it very seriously thinks gentlemen better waive the points,--better come to an understanding to let the lady make her statements! courtesy entitles her, as a lady, to every respect and consideration. the gentlemen, having whispered a few words together, bow assent to the high functionary's intimation.
franconia proceeds. she asserts that hugh marston (pointing to him) is her uncle; that she knows little or nothing of his business affairs, cannot tell why her brother left the country so suddenly; she knew clotilda and ellen juvarna, mothers of the children. they never were considered among the property of the plantation. her short story is told in touching tones. the learned and gallant attorney, esteeming it indispensable, puts a question or two as to whether anything was ever said about selling them in consequence of certain jealousies. before the brother can object, she answers them evasively, and the testimony amounts to just no testimony at all. the court, bowing respectfully, informs the lady she can get down from the stand.
the next witness called is mrs. rosebrook. this good and benevolent lady is more resolute and determined. the gentlemen of the bar find her quite clever enough for them. approaching the stand with a firm step, she takes her place as if determined upon rescuing the children. her answers come rather faster than is compatible with the dignity of the learned gentlemen of the bar. she knows marston, knows franconia, knows the old plantation, has spent many happy hours upon it, is sorry to see the old proprietor reduced to this state of things. she knows the two children,--dear creatures,--has always had a kindly feeling for them; knew their poor mothers, has befriended them since marston's troubles began. she always-her large, loving eyes glowing with the kindness of her soul-heard marston say they were just as free as people could be, and they should be free, too! some people did'nt look at the moral obligation of the thing. here, the good lady, blushing, draws the veil over her face. there is something more she would like to disclose if modesty did not forbid.
"nothing direct in such testimony, your honour will perceive!" says mr. petterwester, directing himself to the judge.
"is there any question with regard to the father of the children?" enquires his honour, again placing his hand to his ear and leaning forward inquisitively. his honour suddenly forgot himself.
"ah, ha'h, he-em! the question, so buried under a mountain of complexity, requires very nice legal discrimination to define it properly. however, we must be governed by distinct pleadings, and i think that, in this case, this specific question is not material; nor do my brother colleagues of the bench think it would be advisable to establish such questions, lest they affect the moral purity of the atmosphere we live in."
"if your honour will permit it, i may say it will only be necessary in this case to establish the fact of property existing in the mothers. that will settle the whole question; fathers, as you are aware, not being embraced in the law regulating this species of property;" the learned gentleman instructs the court.
his honour, rejoining with a few very grave and very legal remarks, says they look very much alike, and are of one mother. he is a little undecided, however, takes another good stare at them, and then adds his glasses, that the affinity may be more clear. turning again to his book, he examines his pages, vacantly. a legal wag, who has been watching the trial for mere amusement, whispering in the ear of his brother, insinuates that the presiding functionary is meditating some problem of speculation, and has forgotten the point at issue.
"no!" interrupts mr. petterwester, "your honour is curiously labouring under an error; they have two mothers, both of the same tenour in life--that is"--mr. petterwester corrects himself--"embodying the same questions of property. the issue of the case now on is taken as final over the rest."
"ah! bless me, now-i-rather-see-into it. the clerk will hand me cobb's georgia reports. a late case, curiously serious, there recorded, may lead me to gather a parallel. believe me, gentlemen, my feelings are not so dead-his honour addresses himself to the bar in general--that i cannot perceive it to be one of those very delicate necessities of our law which so embarrasses the gallantry of the profession at times--"
"yes! yer honour," the attorney for the defence suddenly interrupts, "and which renders it no less a disgrace to drag ladies of high rank into a court of this kind--."
his honour can assure the learned gentleman that this court has very high functions, and can administer justice equal to anything this side of divine power,--his honour interrupts, indignantly.
"the court misunderstood the counsel,--he had no reference to the unquestioned high authority of the tribunal; it was only the character of the trials brought before it. when, notwithstanding our boasts of chivalry, delicate ladies are dragged before it in this manner, they must not only endure the painful tenour of the evidence, but submit to the insolence of men who would plunder nature of its right--"
"i shall claim the protection of the court against such unprofessional imputations," his brother of the opposite interrupts, rising and affecting an air of indignation. the court, quite bewildered, turns a listening ear to his remarks--"hopes the learned gentlemen will not disgrace themselves."
order! order! order! demands the sheriff, making a flourish with his sword. the spectators, rising on tip-toe, express their anxiety to have the case proceed. they whisper, shake their heads, and are heard to say that it will be utterly useless to attempt anything against the testimony of graspum and romescos. mr. graspum, in the fulness of his slavish and impudent pedantry, feeling secure in the possession of his victims, sits within the bar, seeming to feel his position elevated a few degrees above his highness the judge.
"i do hope the interposition of this court will not be necessary in this case. gentlemen of the learned profession should settle those differences more like gentlemen," says his honour, looking down upon his minions with a frown of contempt.
"the matter is one entirely of a professional nature, yer honour!" responds the scion of the law, quickly, first addressing himself to the judge, and then to the jury. "if the testimony we have already adduced--direct as it is--be not sufficient to establish the existence of property in these children" (romescos has just whispered something in his ear) "we will produce other testimony of the most conclusive character. however, we will yield all further cross-questioning the ladies; and i now suggest that they be relieved from the painful position of appearing before this court again."
mrs. rosebrook descends from the stand amidst murmurs and applause. some amount of legal tact now ensues; the attorney for the prosecution displays an earnestness amounting to personal interest.
here the counsel for the defence steps forward, whispers to the clerk, and gives notice that he shall call witnesses to impeach the characters of graspum and romescos. these two high dignitaries, sitting together, express the utmost surprise at such an insinuation. the character of neither is sacred material, nor will it stand even in a southern atmosphere. they have been pronounced legally impure many years ago.
just at this juncture there is quite an excitement in the court-room. romescos, like a disfigured statue, rises from among his legal friends and addresses the court on the independent principle. "well now, squire, if ya'r goin' to play that ar' lawyer game on a feller what don't understand the dodge, i'll just put a settler on't; i'll put a settler on't what ya' won't get over. my word's my honour; didn't come into this establishment to do swarin' cos i wanted to; seein' how, when a feller's summoned by the boss squire, he's got to walk up and tell the truth and nothin' shorter. i knows ya' don't feel right about it; and it kind a hurts a feller's feelins to make property of such nice young uns, especially when one knows how nice they've been brought up. this aint the thing, though; 'taint the way to get along in the world; and seein' i'm a man of honour, and wouldn't do a crooked thing nohow-"
his honour the sheriff, being somewhat impressed with the fact that mr. romescos is rather transgressing the rules of the court, interposes. his defence of his honour cannot longer be tolerated; and yet, very much after the fashion of great outlaws, who, when arraigned for their crimes, think themselves very badly used men, romescos has the most exalted opinion of himself; never for a moment entertains a doubt of his own integrity.
he reaches over the bar; places his lips to the attorney's ear; is about to whisper something. that gentleman quickly draws back, as if his presence were repulsive. not the least offended, romescos winks significantly, crooks the fore-finger of his right hand, and says-"something that'll put the stopper on." the legal gentleman seems reconciled; listens attentively to the important information. "all right! nothing more is needed," he says, rising from his seat, and asking permission to introduce proof which will render it quite unnecessary to proceed with anything that may have for its object the impeachment of the witnesses.
the attorney for the defence objects to this mode of procedure; and the judge, having sustained the objections, orders the counsel to proceed with his witnesses. several persons, said to be of very high standing, are now called. they successively depose that they would not believe romescos nor graspum upon oath; notwithstanding, both may be very honourable and respectable gentlemen. thus invalidating the testimony of these high functionaries of the peculiar institution, the gentleman of the prosecution has an opportunity of producing his conclusive proof. romescos has been seen passing him a very suspicious-looking document.
all attention is now directed to the children; they sit pensively, unconscious of the dread fate hanging over them. "what can this testimony be?" rings in whispers about the court-room. some deep intrigue is going on; it is some unforeseen movement of the slave-dealers, not comprehended by the spectators. can the bona-fide creditors be implicated? even mr. scranton feels that his knowledge of the philosophy of slave power is completely at fault.
"now, your honour, and gentlemen of the jury," says the gentleman of the prosecution, "i am fully aware of the painful suspense in which this case has kept the court, the jury, and the very respectable persons i see assembled; but, notwithstanding the respectability and well-known position of my clients and witnesses, the defence in this case has succeeded in expunging the testimony, and compelling us to bring forward such proof as cannot be impeached." here the legal gentleman draws from his pocket a stained and coloured paper, saying, "will the gentlemen of the jury be kind enough to minutely examine that instrument." he passes it to the foreman.
"what is the purport of the instrument?" his honour enquires.
"the bill of sale, your honour."
foreman has examined it satisfactorily; passes it to several of his fellows. all are satisfied. he returns it to the learned gentleman. that very important and chivalrous individual throws it upon the table with great self-confidence.
his honour would like to scan over its details. it is passed to the little fat clerk, and by that gentleman to his honour. "very, singularly strong!" his honour says, giving his head a very wise shake.
"when the court gets through," says the advocate for the defence, rising and placing his hand on the clerk's desk.
"the gentleman can examine," replies the court, passing it coldly to the sheriff, who politely forwards it.
he turns it and turns it; reads it slowly; examines the dates minutely. "how did the prosecution come in possession of this document?"
his brother of the law objects, "that's not an admissible question. if the defence will institute an action against the parties for unlawfully procuring it, we will take great pleasure in showing our hands. it may be, however, well to say, that mr. marston and mr. graspum have always been on the most friendly terms; but the former gentleman forgot to take care of this very essential document," he continues, taking it from the hand of his professional brother, and turning toward the spectators, his countenance glowing with exultation. the pride of his ambition is served. the profession has honourably sustained itself through the wonderful abilities of this learned brother, who, holding the paper in his hand, awaits the gracious applause of the assembled spectators. there is some applause, some murmuring, much whispering.
the court, in coldly measured words, hopes the audience will evince no excitement pro or con.
some persons declare the bill of sale a forgery,--that romescos has tried that very same trick twice before. others say it matters but little on that score,--that all the law in the country won't restrain graspum; if he sets at it in good earnest he can turn any sort of people into property. a third whispers that the present order of things must be changed, or nobody's children will be safe. legal gentlemen, not interested in the suit, shake their heads, and successively whisper, "the prosecution never came by that bill of sale honestly." creditors, not parties to this suit, and brokers who now and then do something in the trade of human beings, say, "if this be the way marston's going to play the dodge with his property, we will see if there be not some more under the same shaded protection."
"will the counsel for the defence permit his client to inspect this instrument?" says the learned gentleman, passing it across the table.
marston's face flushes with shame; he is overcome; he extends his trembling hand and takes the fatal document. it is, to him, his children's death-warrant. a cloud of darkness overshadows his hopes; he would question the signature, but the signer, silenus, is dead,--as dead as the justice of the law by which the children are being tried. and there is the bond attached to it! again the thought flashed through his mind, that he had sold ellen juvarna to elder pemberton praiseworthy. however much he might struggle to save his children-however much a father's obligations might force themselves upon him-however much he might acknowledge them the offspring of his own body, they were property in the law-property in the hands of graspum; and, with the forethought of that honourable gentleman opposed to him--as it evidently was--his efforts and pleadings would not only prove futile, but tend to expose lorenzo's crime.
"the philosophy of the thing is coming out, just as i said-precisely," ejaculates mr. scranton, raising his methodical eyes, and whispering to a legal gentleman who sits at his right.
"serious philosophy, that embraces and sanctions the sale of such lovely children,--making property of one's children against his wishes! i'm a great southern rights man, but this is shaving the intermixture a little too close," rejoins the other, casting a solicitous look at marston, who has been intently and nervously examining the bill of sale.
"any objections to make to it?" says the learned gentleman, bowing politely and extending his hand, as he concludes by inquiring how it happened, in the face of such an array of evidence, that he sold the girl, ellen juvarna?
"no objection, none!" is marston's quick response. his head droops; he wipes the tears from his eyes; he leaves the court in silence, amid murmurs from the crowd. the female witnesses left before him; it was well they did so.
that this is the original bill of sale, from one silenus to hugh marston, has been fully established. however painful the issue, nothing remained but to give the case to the jury. all is silent for several minutes. the judge has rarely sat upon a case of this kind. he sits unnerved, the pen in his hand refusing to write as his thoughts wander into the wondrous vortex of the future of slavery. but the spell has passed; his face shades with pallor as slowly he rises to address the jury. he has but few words to say; they fall like death-knells on the ears of his listeners. some touching words escape his hesitating lips; but duty, enforced by the iron rod of slave power, demands him to sustain the laws of the land. he sets forth the undisputed evidence contained in the bill of sale, the unmistakeable bond, the singular and very high-handed attempt to conceal it from the honest creditors, and the necessity of jurymen restraining their sympathies for the children while performing a duty to the laws of the land. having thus made his brief address, he sits down; the sheriff shoulders his tip-staff, and the august twelve, with papers provided, are marched into the jury-room, as the court orders that the case of dunton v. higgins be called.
five minutes have intervened; the clerk calling the case s interrupted by a knocking at the jury-room door; he stops his reading, the door is opened, and the sheriff conducts his twelve gentlemen back to their seats. not a whisper is heard; the stillness of the tomb reigns over this high judicial scene. the sheriff receives a packet of papers from the foreman's hands, and passes them to the clerk.
"gentlemen of the jury will please stand up," says that very amiable functionary. "have you agreed on your verdict?" the foreman bows assent.
"guilty or not guilty, gentlemen?"
"guilty," says the former, in tones like church-yard wailings: "guilty. i suppose that's the style we must render the verdict in?" the foreman is at a loss to know what style of verdict is necessary.
"yes," returns the clerk, bowing; and the gentlemen of the jury well complimented by the judge, are discharged until to-morrow. the attorney for the defence made a noble, generous, and touching appeal to the fatherly twelve; but his appeal fell like dull mist before the majesty of slavery. guilty! o heavens, that ever the innocent should be made guilty of being born of a mother! that a mother-that name so holy-should be stained with the crime of bearing her child to criminal life!
two children, fair and beautiful, are judged by a jury of twelve-perhaps all good and kind fathers, free and enlightened citizens of a free and happy republic-guilty of the crime of being born of a slave mother. can this inquiring jury, this thinking twelve, feel as fathers only can feel when their children are on the precipice of danger? could they but break over that seeming invulnerable power of slavery which crushes humanity, freezes up the souls of men, and makes the lives of millions but a blight of misery, and behold with the honesty of the heart what a picture of misery their voice "guilty!" spreads before these unfortunate children, how changed would be the result!
a judge, endeared to his own children by the kindest affections, feels no compunction of conscience while administering the law which denies a father his own children-which commands those children to be sold with the beasts of the field! mark the slender cord upon which the fate of these unfortunates turns; mark the suffering through which they must pass.
the hand on the clock's pale face marks four. his honour reminds gentlemen of the bar that it is time to adjourn court. court is accordingly adjourned. the crowd disperse in silence. gentlemen of the legal profession are satisfied the majesty of the law has been sustained.
hence the guilty children, scions of rights-loving democracy, like two pieces of valuable merchandise judicially decreed upon, are led back to prison, where they will await sale. annette has caught the sound of "guilty!"-she mutters it while being taken home from the court, in the arms of an old slave. may heaven forgive the guilt we inherit from a mother, in this our land of freedom!
