CHAPTER XX.

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 bonƒ-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!

Our World; Or, the Slaveholder's Daughter · 第 2 / 37 章