CHAPTER XLVI.

SOUTHERN ADMINISTRATION OF JUSTICE.

IT is just a week since Nicholas committed the heinous offence of

wounding officer Monsel in the arm. That distinguished personage,

having been well cared for, is-to use a common phrase-about again,

as fresh as ever. With Nicholas the case is very different. His

bruised and lacerated body, confined in an unhealthy cell, has

received little care. Suspicion of treachery has been raised against

him; his name has become a terror throughout the city; and all his

bad qualities have been magnified five-fold, while not a person can

be found to say a word in praise of his good. That he always had

some secret villainy in view no one for a moment doubts; that he

intended to raise an insurrection among the blacks every one is

quite sure; and that confession of all his forelaid evil designs may

be extorted from him, the cruellest means have been resorted to.

The day upon which the trial is to take place has arrived. On the

south side of Broad Street there stands a small wooden building, the

boarding discoloured and decayed, looking as if it had been

accidentally dropped between the walls of two brick buildings

standing at its sides. In addition, it has the appearance of one

side having been set at a higher elevation than the other for some

purpose of convenience known only to its occupants. About fifteen

feet high, its front possesses a plain door, painted green, two

small windows much covered with dust, and a round port-hole over the

door. A sheet of tin, tacked above the door, contains, in broad

yellow letters, the significant names of "Fetter and Felsh,

Attorneys at Law." Again, on a board about the size of a shingle,

hanging from a nail at the right side of the door, is "Jabez Fetter,

Magistrate." By these unmistakeable signs we feel assured of its

being the department where the legal firm of Fetter and Felsh do

their customers-that is, where they dispose of an immense amount of

legal filth for which the state pays very acceptable fees. Squire

Fetter, as he is usually called, is extremely tall and well-formed,

and, though straight of person, very crooked in morals. With an oval

and ruddy face, nicely trimmed whiskers, soft blue eyes, tolerably

good teeth, he is considered rather a handsome man. But (to use a

vulgar phrase) he is death on night orgies and nigger trials. He may

be seen any day of the week, about twelve o'clock, standing his long

figure in the door of his legal domicile, his hat touching the sill,

looking up and then down the street, as if waiting the arrival of a

victim upon whom to pronounce one of his awful judgments. Felsh is a

different species of person, being a short, stunted man, with a

flat, inexpressive face. He has very much the appearance of a man

who had been clumsily thrown together for any purpose future

circumstances might require. Between these worthies and one Hanz Von

Vickeinsteighner there has long existed a business connection, which

is now being transferred into a fraternity of good fellowship. Hanz

Von Vickeinsteighner keeps a small grocery, a few doors below: that

is, Von, in a place scarcely large enough to turn his fat sides

without coming in contact with the counter, sells onions,

lager-beer, and whiskey; the last-named article is sure to be very

bad, inasmuch as his customers are principally negroes. Von is

considered a very clever fellow, never a very bad citizen, and

always on terms of politeness with a great many squires, and other

members of the legal profession. A perfect picture of the

good-natured Dutchman is Von, as seen standing his square sides in

his doorway, stripped to his sleeves, his red cap tipped aside, a

crooked grin on his broad fat face, and his hands thrust beneath a

white apron into his nether pockets. Von has a great relish for

squires and police officers, esteems them the salt of all good, nor

ever charges them a cent for his best-brewed lager-beer. There is,

however, a small matter of business in the way, which Von, being

rather a sharp logician, thinks it quite as well to reconcile with

beer. The picture is complete, when of a morning, some exciting

negro case being about to be brought forward, Fetter and Von may be

seen, as before described, standing importantly easy in their

respective doors; while Felsh paces up and down the side-walk,

seemingly in deep study. On these occasions it is generally said Von

makes the criminal "niggers," Felsh orders them caught and brought

before Fletter, and Fetter passes awful judgment upon them. Now and

then, Felsh will prosecute on behalf of the state, for which that

generous embodiment of bad law is debtor the fees.

The city clock has struck twelve; Fetter stands in his doorway, his

countenance wearing an air of great seriousness. Felsh saunters at

the outside, now and then making some legal remark on a point of the

negro statutes, and at every turn casting his bleared eye up the

street. Presently, Nicholas is seen, his hands pinioned, and a heavy

chain about his neck, approaching between two officials. A crowd

follows; among it are several patriotic persons who evince an

inclination to wrest him from the officials, that they may,

according to Judge Lynch's much-used privileges, wreak their

vengeance in a summary manner. "The boy Nicholas is to be tried to-

day!" has rung through the city: curious lookers-on begin to

assemble round the squire's office, and Hanz Von Vickeinsteighner is

in great good humour at the prospect of a profitable day at his

counter.

"Bring the criminal in!" says Squire Fetter, turning into his office

as Nicholas is led in,--still bearing the marks of rough usage. Rows

of board seats stretch across the little nook, which is about

sixteen feet wide by twenty long, the floor seeming on the verge of

giving way under its professional burden. The plaster hangs in

broken flakes from the walls, which are exceedingly dingy, and

decorated with festoons of melancholy cobwebs. At the farther end is

an antique book-case of pine slats, on which are promiscuously

thrown sundry venerable-looking works on law, papers, writs,

specimens of minerals, branches of coral, aligators' teeth, several

ship's blocks, and a bit of damaged fishing-tackle. This is Felsh's

repository of antique collections; what many of them have to do with

his rough pursuit of the learned profession we leave to the reader's

discrimination. It has been intimated by several waggishly-inclined

gentlemen, that a valuable record of all the disobedient "niggers"

Fetter had condemned to be hung might be found among this confused

collection of antiquities. A deal table, covered with a varnished

cloth, standing on the right side of the room, and beside which a

ponderous arm-chair is raised a few inches, forms Fetter's tribune.

Hanging from the wall, close behind this, is a powder-horn and

flask, several old swords, a military hat somewhat broken, and

sundry other indescribable things, enough to make one's head ache to

contemplate.

The office is become crowded to excess, the prisoner (his hands

unpinioned, but the heavy chain still about his neck!) is placed in

a wooden box fronting the squire's table, as a constable is ordered

to close the court. It is quite evident that Fetter has been taking

a little too much on the previous night; but, being a "first-rate

drinker," his friends find an apology in the arduousness of his

legal duties. In answer to a question from Felsh, who has been

looking at the prisoner somewhat compassionately, the serving

constable says two of the jury of "freeholders" he has summoned have

not yet made their appearance. Fetter, who was about to take his

seat in the great chair, and open court, politely draws forth his

watch, and after addressing a few words to the persons present, on

the necessity of keeping order in a court with such high functions,

whispers a few words in Felsh's ear, holding his hand to his mouth

the while.

"Maintain order in court!" says Fetter, nodding his head to the

official; "we will return in five minutes." Soon they are seen

passing into Von's crooked establishment, where, joined by a number

of very fashionable friends, they "take" of the "hardware" he keeps

in a sly place under the counter, in a special bottle for his

special customers. Having taken several special glasses, Fetter is

much annoyed at sundry remarks made by his friends, who press round

him, seeming anxious to instruct him on intricate points of the

"nigger statutes." One hopes he will not let the nigger off without

a jolly good hanging; another will bet his life Felsh takes care of

that small item, for then his claim on the state treasury will be

doubled. And now, Fetter finding that Felsh, having imbibed rather

freely of the liquid, hath somewhat diminished his brilliant

faculties, will take him by the arm and return into court. With all

the innate dignity of great jurists they enter their sanctum of

justice, as the usher exclaims, "Court! Court!-hats off and cigars

out!"

"Jury are present?" enquires Fetter, with great gravity, bowing to

one side and then to the other, as he resumes his seat on the

tribune.

"Present, yer 'oner;" the officer answers in a deep, gruff voice, as

he steps forward and places a volume of the revised statutes before

that high jurist. Fetter moves the book to his left, where Felsh has

taken his seat. With placid countenance and softest accents, Fetter

orders the prisoner at the bar to stand up while our constable calls

the names of the jurymen.

Our victim of democracy's even-handed justice obeys the summons,

rising as his dark eyes flash angrily, and that hatred wrong which

lurks in his bosom seems kindling anew. "James M'Neilty! Terrance

M'Quade! Harry Johanna! Baldwin Dobson! Patrick Henessy! Be dad and

I have um all now, yer 'oner," ejaculates the official, exultingly,

as one by one the "nigger jurymen" respond to the call and take

their seats on a wooden slab at the right of his Honour, squire

Fetter. "You are, I may be sure, gentlemen, freeholders?" enquires

his honour, with a mechanical bow. They answer simultaneously in the

affirmative, and then, forming in a half circle, lay their hands on

a volume of Byron, which Fetter makes do for a Bible, and subscribe

to the sacred oath Felsh administers. By the Giver of all Good will

they return a verdict according to the evidence and the facts.

"Gentlemen will take their seats" (the officer must preserve order

in the court!) "the prisoner may also sit down," says Felsh, the

words falling from his lips with great gravity, as, opening the

revised statutes, he rises to address the jury.

"Gentlemen of the Jury!"-suddenly hesitates for a moment-"the solemn

duties which you are now called upon to perform" (at this moment

Terrance M'Quade draws a small bottle from his pocket, and after

helping himself to a portion of its contents passes it to his

fellows, much to the surprise of the learned Felsh, who hopes such

indecorum will cease) "and they are duties which you owe to the

safety of the state as well as to the protection of your own

families, are much enhanced by the superior mental condition of the

criminal before you." Here Mr. Felsh calls for a volume of Prince's

Digest, from which he instructs the jury upon several important

points of the law made and provided for making the striking a white

person by a slave or person of colour a capital offence. "Your

honour, too, will see the case to which I refer-'State and

Prudence!'" The learned gentleman extends the book, that his august

eyes may have a near view.

"Your word is quite sufficient, Mr. Felsh," returns Fetter, his eyes

half closed, as he waves his hand, adding that he is perfectly

posted on the case cited. "Page 499, I think you said?" he

continues, placing his thumbs in his waistcoat armlets, with an air

of indifference.

"Yes, your honour," rejoins Felsh, with a polite bow. His honour,

ordering a glass of water mixed with a little brandy, Mr. Felsh

continues:--"The case, gentlemen, before you, is that of the 'State

v. Nicholas.' This case, gentlemen, and the committal of the heinous

crime for which he stands arraigned before you, has excited no small

amount of interest in the city. It is one of those peculiar cases

where intelligence creeps into the property interest of our noble

institution-the institution of slavery-makes the property restless,

disobedient to the will and commands of the master, disaffected to

the slave population, and dangerous to the peace and the progress of

the community. Now, gentlemen" (his honour has dropped into a

moderate nap-Mr. Felsh pauses for a moment, and touches him gently

on the shoulder, as he suddenly resumes his wonted attention, much

to the amusement of those assembled) "you will be told by the

witnesses we shall here produce, that the culprit is an exceedingly

intelligent and valuable piece of property, and as such might, even

now, be made extremely valuable to his master"--Mr. Grabguy is in

court, watching his interests!-"who paid a large sum for him, and

was more than anxious to place him at the head of his manufacturing

establishment, which office he was fully capable of filling. Now,

gentlemen-his honour will please observe this point-much as I may

consider the heavy loss the master will suffer by the conviction of

the prisoner, and which will doubtless be felt severely by him, I

cannot help impressing upon you the necessity of overlooking the

individual loss to the master, maintaining the law, and preserving

the peace of the community and stability of our noble institution.

That the state will only allow the master two hundred dollars for

his valuable slave you have nothing to do with-you must sink that

from your minds, listen to the testimony, and form your verdict in

accordance with that and the law. That he is a dangerous slave, has

long maintained a disobedience towards his owner, set the

authorities at defiance, attempted to create an insurrection, and

made a dangerous assault on a white man-which constitutes a capital

offence-we shall now call witnesses to prove." The learned gentleman

having finished his opening for the prosecution, sits down. After a

moment's pause, he orders an attendant to bring something "to

take"-"Similar to the squire's!" he ejaculates, hoarsely.

"Gentlemen!" says his honour, as if seized with the recollection of

some important appointment, the time for which was close at hand,

drawing out his watch, "Call witnesses as fast as possible! The

evidence in this case, I reckon, is so direct and positive, that the

case can be very summarily despatched."

"I think so, too! yer 'oner," interrupts Terrance M'Quade, starting

from his seat among the five jurors. Terrance has had what in vulgar

parlance is termed a "tough time" with several of his own stubborn

negroes; and having already heard a deal about this very bad case,

is prepared to proclaim him fit only to be hanged. His honour

reminds Terrance that such remarks from a juror are neither strictly

legal nor in place.

The first witness called is Toby, a slave of Terrance M'Quade, who

has worked in the same shop with Nicholas. Toby heard him say he got

his larnin' when he was young,--that his heart burned for his

freedom-that he knew he was no slave by right-that some day would

see him a great man; that if all those poor wretches now in slavery

knew as much as he did, they would rise up, have their liberties,

and proclaim justice without appealing to heaven for it!-"

"I said all that, and more!" interrupted the criminal bondman,

rising quickly to his feet, and surveying those around him with a

frown of contempt.

"Silence! sit down!" resounds from the officer.

He will sit down, but they cannot quench the fires of his soul; they

may deny him the commonest right of his manhood, but they cannot

take from him the knowledge that God gave him those rights; they may

mock with derision the firm mien with which he disputes the power of

his oppressors, and their unjust laws, but they cannot make him less

than a man in his own feelings!

His honour, squire Fetter, reminds him that it were better he said

nothing, sit down,--or be punished instanter. Turning to Felsh, who

is sipping his quencher, he enquires what that gentleman means to

prove by the witness Toby?

"His intention to raise an insurrection, yer honour!" Felsh, setting

his glass aside, quickly responds, wiping his lips as he adds, "It

is essentially necessary, yer honour!"

His honour, leaning forward, places the fore-finger of his right

hand to his lip, and making a very learned gesture, says, "Toby has

said enough to establish that point."

The next witness is Mr. Brien Calligan, a criminal in the prison,

who for his good behaviour has been promoted to the honourable post

of under-warden. Mr. Brien Calligan testifies that the prisoner,

while in prison, confined in a cell under his supervision, admitted

that he intended to kill Mr. Monsel when he inflicted the wound. He

must qualify this statement, however, by saying that the prisoner

added he was altogether beside himself with rage.

Grabguy, who has been intently watching the proceedings, suddenly

springs to his feet. He would like to know if that admission was not

extorted from the culprit by cruelty!

Mr. Brien Calligan pauses a moment, looks innocently at the court,

as one of the jurors suggests that quite enough evidence has already

been put in to warrant a conviction. It's a pity to hang such

valuable property; but, being bent on disturbing the peace of the

community, what else can be done?

His honour listens with great concern to the juror's remarks, but

suggests that Mr. Grabguy had better not interrupt the court with

questions. That he has an indirect interest in the issue of the

suit, not a doubt exists, but if he be not satisfied with the

witness's statement, he has his remedy in the court of appeals,

where, upon the ground of testimony having been elicited by coercion

or cruelty, a new trial will probably be granted.

Mr. Grabguy would merely suggest to his honour that although

sentencing a negro to be hung may be a matter of small consequence

to him, yet his position in society gives him a right to be heard

with proper respect. Aware that he does not move in that exclusively

aristocratic sphere of society awarded to lawyers in general, he is

no less entitled to respect, and being a man of honour, and an

alderman as well, he shall always insist on that respect.

"Order, order!" demand a dozen voices. His honour's face flashing

with indignation, he seizes the statutes, and rising to his feet, is

about to throw them with unerring aim at the unhandsome head of the

municipal functionary. A commotion here ensues. Felsh is esteemed

not a bad fighting man; and rising almost simultaneously, his face

like a full moon peeping through a rain cloud, attempts to pacify

his colleague, Fetter. The court is foaming with excitement; Mr.

Felsh is excited, the jury are excited to take a little more drink,

the constables are excited, the audience are excited to amusement;

Messrs. Fetter and Felsh's court rocks with excitement: the only

unexcited person present is the criminal, who looks calmly on, as if

contemplating with horror the debased condition of those in whose

hands an unjust law has placed his life.

As the uproar and confusion die away, and the court resumes its

dignity, Mr. Grabguy, again asserting his position of a gentleman,

says he is not ashamed to declare his conviction to be, that his

honour is not in a fit state to try a "nigger" of his: in fact, the

truth must be told, he would not have him sit in judgment upon his

spaniel.

At this most unwarranted declaration Fetter rises from his judicial

chair, his feelings burning with rage, and bounds over the table at

Grabguy, prostrating his brother Felsh, tables, benches, chairs, and

everything else in his way,--making the confusion complete. Several

gentlemen interpose between Fetter; but before he can reach Grabguy,

who is no small man in physical strength--which he has developed by

fighting his way "through many a crowd" on election days-that

municipal dignitary is ejected, sans ceremonie, into the street.

"Justice to me! My honest rights, for which I laboured when he gave

me no bread, would have saved him his compunction of conscience: I

wanted nothing more," says Nicholas, raising the side of his coarse

jacket, and wiping the sweat from his brow.

"Silence there!" demands an official, pointing his tipstaff, and

punching him on the shoulder.

Grabguy goes to his home, considering and reconsidering his own

course. His heart repeats the admonition, "Thou art the wrong-doer,

Grabguy!" It haunts his very soul; it lays bare the sources from

whence the slave's troubles flow; places the seal of aggression on

the state. It is a question with him, whether the state, through its

laws, or Messrs. Fetter and Felsh, through the justice meted out at

their court, play the baser part.

A crowd of anxious persons have gathered about the door, making the

very air resound with their shouts of derision. Hans Von

Vickeinsteighner, his fat good-natured face shining like a pumpkin

on a puncheon, and his red cap dangling above the motley faces of

the crowd, moves glibly about, and says they are having a right

jolly good time at the law business within.

Fetter, again taking his seat, apologises to the jury, to the

persons present, and to his learned brother, Felsh. He is very sorry

for this ebullition of passion; but they may be assured it was

called forth by the gross insult offered to all present. "Continue

the witnesses as fast as possible," he concludes, with a methodical

bow.

Mr. Monsel steps forward: he relates the fierce attempt made upon

his life; has no doubt the prisoner meant to kill him, and raise an

insurrection. "It is quite enough; Mr. Monsel may stand down,"

interposes Felsh, with an air of dignity.

Paul Vampton, an intelligent negro, next bears testimony. The

criminal at the bar (Paul does not believe he has a drop of negro

blood in his veins) more than once told him his wife and children

were sold from him, his rights stripped from him, the hopes of

gaining his freedom for ever gone. Having nothing to live for, he

coveted death, because it was more honourable to die in defence of

justice, than live the crawling slave of a tyrant's rule.

"I feel constrained to stop the case, gentlemen of the jury,"

interposes his honour, rising from his seat. "The evidence already

adduced is more than sufficient to establish the conviction."

A juror at Terrance M'Quade's right, touches that gentleman on the

shoulder: he had just cooled away into a nice sleep: "I think so,

too, yer 'oner," rejoins Terrance, in half bewilderment, starting

nervously and rubbing his eyes.

A few mumbled words from his honour serve as a charge to the jury.

They know the law, and have the evidence before them. "I see not,

gentlemen, how you can render a verdict other than guilty; but that,

let me here say, I shall leave to your more mature deliberation."

With these concluding remarks his honour sips his mixture, and sits

down.

Gentlemen of the jury rise from their seats, and form into a circle;

Mr. Felsh coolly turns over the leaves of the statutes; the audience

mutter to themselves; the prisoner stares vacantly over the scene,

as if heedless of the issue.

"Guilty! it's that we've made it; and the divil a thing else we

could make out of it," exclaims Terrance M'Quade, as they, after the

mature length of two minutes' consultation, turn and face his

honour. They pause for a reply.

"Stand up, prisoner!"

"Hats off during the sentence!" rejoins a constable.

"Guilty." His honour rises to his feet with ponderous dignity to

pronounce the awful sentence. "Gentlemen, I must needs compliment

your verdict; you could have come to no other." His honour bows

gracefully to the jury, reminds gentlemen present of the solemn

occasion, and will hear what the prisoner has to say for himself.

An angry frown pervades the prisoner's face. He has nothing to say.

Burning tears course down his cheeks; but they are not tears of

contrition,--Oh, no! he has no such tears to shed. Firmly and

resolutely he says, "Guilty! guilty! yes, I am guilty-guilty by the

guilty laws of a guilty land. You are powerful-I am weak; you have

might-I have right. Mine is not a chosen part. Guilty on earth, my

soul will be innocent in heaven; and before a just judge will my

cause be proclaimed, before a holy tribunal my verdict received, and

by angels my soul be enrolled among the righteous. Your earthly law

seals my lips; your black judgment-enough to make heaven frown and

earth tremble, fearing justice-crushes the man; but you cannot judge

the spirit. In fear and trembling your wrongs will travel broken

paths-give no man rest. I am guilty with you; I am innocent in

heaven. He who judgeth all things right, receives the innocent soul

into his bosom; and He will offer repentance to him who takes the

innocent life." He pauses, as his eye, with intense stare, rests

upon his honour.

"You are through?" enquires his honour, raising his eyebrows.

"In this court of justice," firmly replies the prisoner.

"Order in the court!" is echoed from several voices.

"Nicholas-Nicholas Grabguy! the offence for which you stand

convicted is one for which I might, according to the laws of the

land, pronounce a more awful sentence than the one now resolved

upon. But the advanced and enlightened spirit of the age calls for a

more humane manner of taking life and inflicting punishments. Never

before has it been my lot to pass sentence-although I have

pronounced the awful benediction on very many-on so valuable and

intelligent a slave. I regret your master's loss as much as I

sympathise with your condition; and yet I deplore the hardened and

defiant spirit you yet evince. And permit me here to say, that while

you manifest such an unyielding spirit there is no hope of pardon.

Nicholas! you have been tried before a tribunal of the land, by the

laws of your state, and found guilty by a tribunal of competent men.

Nothing is now left for me but to pass sentence upon you in

accordance with the law. The sentence of the court is, that you be

taken hence to the prison from whence you came, and on this day

week, at twelve o'clock, from thence to the gallows erected in the

yard thereof, and there and then be hanged by the neck until you are

dead; and may the Lord have mercy on your soul!"

His honour, concluding nervously, orders the jury to be dismissed,

and the court adjourned.

How burns the inward hate of the oppressed culprit, as mutely, his

hands pinioned, and the heavy chain about his neck, he is led away

to his prison-house, followed by a deriding crowd. "Come that happy

day, when men will cease to make their wrong fire my very blood!" he

says, firmly marching to the place of death.

Our World; Or, the Slaveholder's Daughter · 第 27 / 37 章