Search      Hot    Newest Novel
HOME > Classical Novels > The Sovereign Rule of South Carolina > Chapter 9 A Few Points Of The Law
Font Size:【Large】【Middle】【Small】 Add Bookmark  
Chapter 9 A Few Points Of The Law

IN Charleston, such an adjournment at a bar-room or an eating-house, when parties are enjoying what is termed a "pleasant occasion," does not mean an adjournment to the domestic fireside; nor are the distinctions between married and single men regarded, though domestic attachments may be considered as governing the thoughts and feelings. The practical definition of such an adjournment means to some place where beauty secludes itself to waste in shame.

The party descended into the lower bar-room, which, though rather thinned, presented a picture of characters stimulated to the tottering point. A motion had been made and strongly seconded to visit the voluptuous house of a certain lady, which it is considered a stranger has not seen Charleston until he has visited. The Captain remonstrated against this, assuring the party that he must go to the ship and needed rest. Again and again they insisted, setting forth the charms and beauty of the denizens, but he as often declined in the most positive manner. Unable to move him in his resolution, one by one began to give him a hearty shake of the hand and bid him good-night, leaving little Master George to the exclusive honor of seeing him home.

Standing in the centre of the room, surrounded by five or six persons well-dressed but very weak in the knees, was a portly-looking gentleman; with very florid countenance, keen dark eyes, and aquiline nose which he frequently fingered. There was an air of respectability about him, though his countenance was not marked with any particularly prominent feature to distinguish him from the ordinary class of respectable men. He spoke well, yet without taste or discrimination in his language, was rather bald and gray, with small head and low perceptive powers; and judging from the particular tone of his voice and the cant terms he used, we should think he had figured among the Kentucky horse-traders, or made stump speeches in Arkansas. His dress was inclined to the gaudy. He wore a flashy brown-colored frock-coat with the collar laid very far back, a foppish white vest exposing his shirt-bosom nearly down to the waistbands of his pants, which were of gray stripes. But the more fanciful portions of his dress were a large and costly fob-chain, which hung very low and supported an immense seal containing a glistening stone, which he seemed very fond of dangling with his left hand. Attached to this was a very prominently displayed black ribbon, answering the purpose of a guard-chain, and laid with great contrasting care over the bosom of his shirt. This, with a neckerchief of more flashy colors than Joseph's coat, and a late style Parisian hat, with the rim very exquisitely turned upon the sides, make up our man.

He was discussing politics, with a great many sensible sayings, though nothing like close reasoning; and strange as it may seem, he was strongly opposed to the rabid views of several staggering secessionists, who surrounded him, and advocated the views set forth in convention by Mr. Butler. We remarked this more particularly, for it was about the only instance we witnessed of a public man being independent enough to denounce the fanaticism of secession. A more amusing scene than that presented by the attitudes-the questions in regard to South Carolina licking the Federal Government-the strange pomp-ribald gasconade, and high-sounding chivalry of the worthies, cannot be imagined. They were in a perfect ecstasy with themselves and South Carolina, and swore, let whatever come, they were ready to meet it.

Little Master George seemed very anxious that the Captain should become acquainted with him, and commenced giving him a monstrous account of his distinguished abilities. "And that's not all!" said George; "he's not only one of the greatest characters in Charleston, or perhaps the State, but he's a right good fellow."

We will interrupt, by informing the reader that he was one of the good fellows-a numerous family in Charleston-who never use fine instruments when they select their company; and pay a large amount of worthy tribute to the liquor-dealers. There is no discriminating latitude attached to the good-fellow family, for its members may be found with alike gratifying inclinations, from the highest aristocracy to the negro population.

"That, sir, is Col. S--e; belongs to one of the first families, sir. He can beat old Pettigru all hollow; his eloquence is so thrilling that he always reminds me of Pericles. He can beat little Thomas Y. Simmons, Jr., all to pieces-make the best stump speech-address a public assemblage, 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 class 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 niggers; 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 niggers poured in upon us, that the whole class is becoming corrupted."

"Your laws, of course, make a distinction between good and bad niggers, 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 niggers, 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 class of niggers 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 principal 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 institutions 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 entitled 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 entitled to the respect and government of law."

"Hi!--oh! Captain; it won't do to talk so in South Carolina. Just let a nigger 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 niggers 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 nigger-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 nigger, 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 passing 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 associations 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 institution 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 noblest 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 niggers, whether bond or free, and niggers 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 emancipation 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 nigger. 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 accumulated 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 class her with the lowest nigger, 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 nigger 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 c............

Join or Log In! You need to log in to continue reading
   
 

Login into Your Account

Email: 
Password: 
  Remember me on this computer.

All The Data From The Network AND User Upload, If Infringement, Please Contact Us To Delete! Contact Us
About Us | Terms of Use | Privacy Policy | Tag List | Recent Search  
©2010-2018 wenovel.com, All Rights Reserved