IN WHICH A DANGEROUS PRINCIPLE IS ILLUSTRATED.
SHOULD the sagacious reader be disappointed in our hero Nicholas,
who, instead of being represented as a model of disinterestedness,
perilling his life to save others, sacrificing his own interests for
the cause of liberty, and wasting on hardened mankind all those
amiable qualities which belong only to angels, but with which heroes
are generally invested for the happy purpose of pleasing the lover
of romance, has evinced little else than an unbending will, he will
find a palliation in that condition of life to which his oppressors
have forced him to submit. Had Nicholas enjoyed his liberty, many
incidents of a purely disinterested character might have been
recorded to his fame, for indeed he had noble traits. That we have
not put fiery words into his mouth, with which to execrate the
tyrant, while invoking the vengeance of heaven-and, too, that we are
guilty of the crime of thus suddenly transferring him from boyhood
to manhood, nor have hanged him to please the envious and
vicious,--will find excuse with the indulgent reader, who will be
kind enough to consider that it is our business to relate facts as
they are, to the performance of which-unthankful though it may be-we
have drawn from the abundance of material placed in our hand by the
southern world. We may misname characters and transpose scenes, but
southern manners and customs we have transcribed from nature, to
which stern book we have religiously adhered. And, too (if the
reader will pardon the digression), though we never have agreed with
our very best admirers of the gallows, some of whom hold it a means
of correcting morals-nor, are yet ready to yield assent to the
opinions of the many, so popularly laid down in favour of what we
consider a medium of very unwholesome influence, we readily admit
the existence of many persons who have well merited a very good
hanging. But, were the same rules of evidence admissible in a court
of law when a thief is on trial, applied against the practice of
"publicly hanging," there would be little difficulty in convicting
it of inciting to crime. Not only does the problem of complex
philosophy-the reader may make the philosophy to suit his
taste-presented in the contrariety of scenes on and about the
gallows offer something irreconcileable to ordinary minds, but gives
to the humorous large means with which to feast their love of the
ludicrous. On the scaffold of destruction, our good brothers of the
clergy would, pointing to the "awful example," assure the motley
assembly gathered beneath, that he hath purified that soul, which
will surely be accepted in heaven; but, he can in no wise condescend
to let it, still directing the flesh, live on the less pure platform
of earth. With eager eyes, the mass beneath him, their morbid
appetites curiously distended, heed not the good admonition; nay,
the curious wait in breathless suspense the launching a human being
into eternity; the vicious are busy in crime the while; the heedless
make gay the holiday. Sum up the invention and perpetration of crime
beneath the gallows on one of those singular gala-days, and the
culprit expiating his guilt at the rope's end, as an "awful
warning," will indeed have disclosed a shallow mockery. Taking this
view of the hanging question, though we would deprive no man of his
enjoyment, we deem it highly improper that our hero should die by
any other means than that which the chivalrous sons of the south
declared "actually necessary."
But before proceeding further with Nicholas, it may be proper here
to state that Annette and the stranger, in whose hands we left her,
have arrived safe at New York. Maxwell-for such is his name-is with
his uncle engaged in a lucrative commercial business; while Annette,
for reasons we shall hereafter explain, instead of forthwith seeking
the arms of an affectionate mother, is being educated at a female
seminary in a village situated on the left bank of the Hudson River.
In returning to Nicholas, the reader will remember that Grabguy was
something of a philosopher, the all-important functions of which
medium he invoked on the occasion of his ejectment from Fetter's
court, for an interference which might at that moment have been
taken as evidence of repentance. The truth, however, was, that
Grabguy, in the exercise of his philosophy, found the cash value of
his slave about to be obliterated by the carrying out of Fetter's
awful sentence. Here there rose that strange complexity which the
physical action and mental force of slave property, acting in
contrariety, so often produce. The physical of the slave was very
valuable, and could be made to yield; but the mental being all
powerful to oppose, completely annulled the monetary worth. But by
allowing the lacerations to heal, sending him to New Orleans, and
making a positive sale, some thousand or twelve hundred dollars
might be saved; whereas, did Fetter's judgment take effect, Mr.
Grabguy must content himself with the state's more humble award of
two hundred dollars, less the trouble of getting. In this democratic
perplexity did our economical alderman find himself placed, when,
again invoking his philosophy-not in virtue of any sympathetic
admonition, for sympathy was not of Grabguy-he soon found means of
protecting his interests. To this end he sought and obtained an
order from the Court of Appeals, which grave judiciary, after duly
considering the evidence on which the criminal was convicted before
Fetter's tribunal, was of opinion that evidence had been improperly
extorted by cruelty; and, in accordance with that opinion, ordered a
new trial, which said trial would be dististinguished above that at
Fetter's court by being presided over by a judicial magistrate. This
distinguished functionary, the judicial magistrate, who generally
hears the appeals from Fetter's court, is a man of the name of
Fairweather Fuddle, a clever wag, whose great good-nature is only
equalled by the rotundity of his person, which is not a bad
portraiture of our much-abused Sir John Falstaff, as represented by
the heavy men of our country theatres. Now, to enter upon an
analysis of the vast difference between Fetter's court in ordinary,
and Fuddle's court in judiciary, would require the aid of more
philosophy than we are capable of summoning; nor would the sagacious
reader be enlightened thereby, inasmuch as the learned of our own
atmosphere have spent much study on the question without arriving at
any favourable result. Very low people, and intelligent negroes--
whose simple mode of solving difficult problems frequently produces
results nearest the truth--do say without fear or trembling that the
distinction between these great courts exists in the fact of Justice
Fuddle drinking the more perfect brandy. Now, whether the quality of
brandy has anything to do with the purity of ideas, the character of
the judiciary, or the tempering of the sentences, we will leave to
the reader's discrimination; but true it is, that, while Fetter's
judgments are always for the state, Fuddle leans to mercy and the
master's interests. Again, were Fuddle to evince that partiality for
the gallows which has become a trait of character with his legal
brother, it would avail him nothing, inasmuch as by confirming
Fetter's judgments the fees would alike remain that gentleman's. If,
then, the reader reason on the philosophy of self-interest, he may
find the fees, which are in no wise small, founding the great
distinction between the courts of Messrs. Fuddle and Fetter; for by
reversing Fetter's judgments fees accrue to Fuddle's own court, and
belong to his own well-lined pocket; whereas, did he confirm them,
not one cent of fees could he claim. The state should without delay
remedy this great wrong, and give its judicial gentlemen a fair
chance of proving their judgments well founded in contrariety. We
should not, forsooth, forget to mention that Fuddle, in his love of
decorum--though he scarce ever sat in judgment without absorbing his
punch the while--never permitted in his forum the use of those
knock-down arguments which were always a prelude to Fetter's
judgments.
Before Fuddle's court, then, Grabguy has succeeded in getting a
hearing for his convicted property, still mentally obstinate. Not
the least doubt has he of procuring a judgment tempered by mercy;
for, having well drunk Fuddle on the previous night, and improved
the opportunity for completely winning his distinguished
consideration, he has not the slightest apprehension of being many
months deprived of his property merely to satisfy injured justice.
And, too, the evidence upon which Nicholas was convicted in Fetter's
court, of an attempt to create an insurrection--the most fatal
charge against him--was so imperfect that the means of overthrowing
it can be purchased of any of the attendant constables for a mere
trifle,--oaths with such fellows being worth about sixty-two and a
half cents each.
If the reader will be pleased to fancy the trial before Fetter's
tribunal--before described--with the knock-down arguments omitted, he
will have a pretty clear idea of that now proceeding before
Fuddle's; and having such will excuse our entering into details.
Having heard the case with most, learned patience, the virtue of
which has been well sustained by goodly potions of Paul and Brown's
perfect "London Dock," Fuddle, with grave deportment, receives from
the hands of the clerical-looking clerk-a broken-down gentleman of
great legal ability-the charge he is about to make the jury.
"Gentlemen," he says, "I might, without any detriment to perfect
impunity, place the very highest encomiums on the capabilities
displayed in the seriousness you have given to this all-important
case, in which the state has such deep and constitutional interests;
but that I need not do here. The state having placed in my
possession such responsible functions, no one more than me can feel
the importance of the position; and which position has always been
made the judicial medium of equity and mercy. I hold moderation to
be the essential part of the judiciary, gentlemen! And here I would
say" (Fuddle directs himself to his gentlemanly five) "and your
intelligence will bear me out in the statement, that the trial below
seems to have been in error from beginning to end. I say
this-understand, gentlemen!--with all deference to my learned
brother, Fetter, whose judgments, in the exercise of the powers in
me invested, and with that respect for legal equity by which this
court is distinguished, it has become me so often to reverse. On the
charge of creating an insurrection--rather an absurdity, by the
way--you must discharge the prisoner, there being no valid proof;
whereas the charge of maiming or raising his hand to a white man,
though clearly proved, and according to the statutes a capital
offence, could not in the spirit of mercy which now prevails in our
judiciary--and, here, let me say, which is emulated by that high
state of civilisation for which the people of this state are
distinguished--be carried rigidly into effect. There is only this one
point, then, of maiming a white gentleman, with intention--Ah! yes (a
pause) the intention the court thinks it as well not to mind! open
to you for a conviction. Upon this point you will render your
verdict, guilty; only adding a recommendation to the mercy of the
court." With this admonition, our august Mr. Fuddle, his face
glowing in importance, sits down to his mixture of Paul and Brown's
best. A few moments' pause--during which Fetter enters looking very
anxious--and the jury have made up their verdict, which they submit
on a slip of paper to the clerk, who in turn presents it to Fuddle.
That functionary being busily engaged with his punch, is made
conscious of the document waiting his pleasure by the audience
bursting into a roar of laughter at the comical picture presented in
the earnestness with which he regards his punch-some of which is
streaming into his bosom-and disregards the paper held for some
minutes in the clerk's hand, which is in close proximity with his
nasal organ. Starting suddenly, he lets the goblet fall to the
floor, his face flushing like a broad moon in harvest-time, takes
the paper in his fingers with a bow, making three of the same nature
to his audience, as Fetter looks over the circular railing in front
of the dock, his face wearing a facetious smile. "Nigger boy will
clear away the break,--prisoner at the bar will stand up for the
sentence, and the attending constable will reduce order!" speaks
Fuddle, relieving his pocket of a red kerchief with which he will
wipe his capacious mouth. These requests being complied with, he
continues-having adjusted his glasses most learnedly-making a
gesture with his right hand--"I hold in my hand the solemn verdict of
an intelligent jury, who, after worthy and most mature deliberation,
find the prisoner at the bar, Nicholas Grabguy, guilty of the
heinous offence of raising his hand to a white man, whom he severely
maimed with a sharp-edged tool; and the jury in their wisdom,
recognising the fact of their verdict involving capital punishment,
have, in the exercise of that enlightened spirit which is
inseparable from our age, recommended him to the mercy of this
court, and, in the discretion of that power in me invested, I shall
now pronounce sentence. Prepare, then, ye lovers of civilisation,
ye friends of humanity, ye who would temper the laws of our land of
freedom to the circumstance of offences--prepare, I say, to have your
ears and hearts made glad over the swelling sound of this most
enlightened sentence of a court, where judgments are tempered with
mercy." Our hero, a chain hanging loosely from his left arm, stands
forward in the dock, his manly deportment evincing a stern
resolution to meet his fate unsubdued. Fuddle continues:--"There is
no appeal from this court!" (he forgot the court of a brighter
world) "and a reversing the decision of the court below, I sentence
the prisoner to four years' imprisonment with hard labour, two
months' solitary confinement in each year, and thirty blows with the
paddle, on the first day of each month until the expiration of the
sentence." Such, reader, was Fuddle's merciful sentence upon one
whose only crime was a love of freedom and justice. Nicholas bowed
to the sentence; Mr. Grabguy expressed surprise, but no further
appeal on earth was open to him; Squire Fetter laughed immeasurably;
and the officer led his victim away to the place of durance vile.
To this prison, then, must we go with our hero. In this magnificent
establishment, its princely exterior seeming like a modern fort with
frowning bastions, are some four hundred souls for sale and
punishment. Among them Nicholas is initiated, having, for the time
being, received his first installment of blows, and takes his first
lesson in the act of breaking stone, which profession is exclusively
reserved for criminals of his class. Among the notable characters
connected with this establishment is Philip Fladge, the wily
superintendent, whose power over the criminals is next to absolute.
Nicholas has been under Philip's guardianship but a few months, when
it is found that he may be turned into an investment which will
require only the outlay of kindness and amelioration on his part to
become extremely profitable. Forthwith a convention is entered into,
the high contracting parties being Nicholas and himself. Mr. Fladge
stipulates on his part that the said Nicholas, condemned by
Fairweather Fuddle's court to such punishments as are set forth in
the calendar, shall be exempt from all such punishments, have the
free use of the yard, comfortable apartments to live in, and be
invested with a sort of foremanship over his fellow criminals; in
consideration of which it is stipulated on the part of Nicholas that
he do work at the more desirable profession of stucco-making,
together with the execution of orders for sculpture, the proceeds of
which were to be considered the property of Fladge, he allowing the
generous stipend of one shilling a week to the artist. Here, then,
Mr. Fladge becomes sensible of the fact that some good always come
of great evils, for indeed his criminal was so far roving a mine of
wealth that he only hoped it might be his fortune to receive many
more such enemies of the state: he cared not whether they came from
Fetter or Fuddle's court. With sense enough to keep his
heart-burnings well stored away in his own bosom, Nicholas soon
became a sort of privileged character. But if he said little, he
felt much; nor did he fail to occupy every leisure moment in
inciting his brother bondmen to a love of freedom. So far had he
gained complete control over their feelings, that scarce two months
of his sentence had expired ere they would have followed his lead to
death or freedom.
Among those human souls stored for sale was one Sal Stiles, an olive
wench of great beauty, and daughter of one of the very first
families. This Sal Stiles, who was indeed one of the most charming
creatures to look upon, had cousins whom the little world of
Charleston viewed as great belles; but these said belles were never
known to ring out a word in favour of poor Sal, who was, forsooth,
only what-in our vulgar parlance-is called a well-conditioned and
very marketable woman. Considering, then, that Nicholas had been
separated by Grabguy from his wife and children, the indulgent
reader, we feel assured, will excuse our hero for falling
passionately in love with this woman. That it was stipulated in the
convention between himself and Fladge, he should take her unto
himself, we are not justified in asserting; nevertheless, that that
functionary encouraged the passion rather than prevented their
meetings is a fact our little world will not pretend to deny.