CHAPTER IX.

THE UPPER AND THE LOWER LAW.

“There is a law above all the enactments of human codes,—the same

throughout the world, the same in all times: it is the law written by

the finger of God on the heart of man; and by that law, unchangeable and

eternal, while men despise fraud and loathe rapine and abhor bloodshed,

they will reject with indignation the wild and guilty fantasy than man

can hold property in man.”—_Lord Brougham._

The policeman, Blake, was a Vermonter whose grandsire had been one of

the eighty men under Ethan Allen at the capture of Fort Ticonderoga. The

traditions of the Revolution were therefore something more than barren

legends in Blake’s mind. They had inspired him with an enthusiastic

admiration of the republic and its institutions. His patriotism was a

sentiment which all the political and moral corruption, with which a New

York policeman is inevitably brought in contact, could not corrode or

enfeeble.

Even slavery, being tolerated by the Constitution of the United States,

was, in his view, not to be spoken of lightly. He shut his eyes and his

ears to all that could be said in its condemnation; he opened them to

all its palliating features and facts. Did not statistics prove that the

blacks, in a state of slavery, increase in double the proportion they do

in a state of freedom, surrounded by whites? This comforting argument

was eagerly seized by Blake as a moral sedative.

The Fugitive-Slave Law he was satisfied was strictly in accordance with

both the spirit and the letter of the Constitution of the United States.

Therefore it must be honestly enforced. The Abolitionists, who were

striving to defeat the execution of the law, were almost as bad as

Mississippi repudiators who were swindling their foreign creditors. So

long as we were enjoying the benefits of the Constitution, was it not

mean and dastardly to undertake to jockey the South out of the obvious

protection of that clause in it which has reference to the “person held

to service or labor,” which we all knew to mean the slave?

Considerations like these had made Blake one of the most earnest

advocates of the enforcement of the law among his brethren of the

police; and when at last he was called on to carry it out in the case of

Peek, he felt that obedience was a duty which it would be poltroonery to

evade. He went forth, therefore, with alacrity that morning, resolved to

allow no mawkish sensibility to interfere with his obligations as an

officer and a citizen.

Accompanied by Iverson, he waited on Colonel Delancy Hyde at the New

York Hotel. They found that worthy in the smoking-room, seated at a

small marble table, with a cigar in his mouth and an emptied tumbler,

which smelt strongly of undiluted whiskey, before him. The Colonel

graciously asked the officers to “liquor.” Iverson assented, but Blake

declined.

A refusal to “liquor,” the Colonel had been bred to regard as a personal

indignity; and so, turning to Blake, he said: “Look here, stranger! I’m

Colonel Delancy Hyde. Virginia-born, be Gawd! From one of the oldest

families in the State! None of yer interloping Yankee scum! No Puritan

blood in _me_! My ahncestor was one of the cavalyers. My father was one

of the largest slave-owners in the State. Now if yer want to put an

affront on me, I’d jest have yer understand fust who yer’ve got to deal

with.”

“Bah!” said Blake, turning on his heel, and walking to the window.

Iverson, who dreaded a scene, smoothed over the affront with a lie. “The

fact is, Colonel,” whispered he, “Blake wouldn’t be fit for duty if he

were to drink with us. A spoonful upsets him; but he’s ashamed to

confess it. A weak head! You understand?”

The explanation pacified the Colonel. Indeed, his sympathies were at

once wakened for the unhappy man who couldn’t drink. This representative

of the interests of slavery certainly did not prepossess Blake in favor

of his mission; but justice must be done, notwithstanding the character

of the claimant.

An addition was now made to the circle. Captain Skinner and Biggs, the

sailor already mentioned,—a short, thick-set stump of a man, with only

one eye, and that black and overarched by a bushy, gray eyebrow,—a very

wicked-looking old fellow,—entered and made themselves known to the

Colonel. They had come up from New London, to serve as witnesses. As a

matter of policy, the Colonel could not do less than ask them to join in

the raid on the whiskey decanter; and this they did so effectually that

the last drop disappeared in Biggs’s capacious tumbler.

As it was not yet time for the appointment at Charlton’s office, the

party, all but Blake, took chairs and lighted cigars, and the Colonel

asked Captain Skinner to narrate the circumstances of Peek’s appearance

on board the Albatross.

“Well, you see, Colonel,” said Skinner, “we had been ten days out, when

one night the second mate, as he was poking about between decks, caught

a strange nigger creeping into a cotton-bale just for’ard of the

store-room. We ordered the nigger out, and he came into the cabin, and

pretended to be a free nigger, and said he’d pay his passage as soon as

he could git work in New York. In course I knew he was lyin’, but I

didn’t let on that I suspected him. I played smooth; and cuss me, if the

nigger didn’t play smooth too; for he made as if he believed me; and so

when we got to New London, afore I could git the officers on board, he

jumped into the water and swam to old Payson’s boat, and Payson he got

him on board one of the Sound steamers, and had him put through to New

York that same night. The next day Payson attakted me in the street,

knocked me down, and stamped on me, and afore I could have him tuk up,

he was on board that infernal boat of his, and off out of sight. There’s

the scar of the gash Payson left on my skull.”

Blake, at these words, left the window, and came and looked at the scar

with evident satisfaction. Colonel Hyde, with a lordly air of patronage,

held out his hand to Skinner, and said: “Capting, the scar is an honor.

Capting, yer hand. I love to meet a high-tone gemmleman, and you’re one.

Capting, allow me to shake yer hand.”

“With pleasure,” said Biggs, taking the Colonel’s hand and shaking it in

his own big, coarsely-seamed flipper, before the Captain had a chance to

reach out. The Colonel smiled grimly at Biggs’s playfulness, but said

nothing.

“Come! it’s time to go,” exclaimed Iverson, looking at his watch. The

party rose, and proceeded down Broadway to Charlton’s office. We have

already seen what transpired on their arrival. Our business is now with

what happened after their departure.

Three o’clock struck. The small hand on the dial of Trinity was fast

moving toward four; and still Blake paced the floor in Charlton’s

office. Every now and then there would be a knock at the door, and

Blake, with a menacing shake of his head, would impose silence on the

conveyancer, till the applicant for admission, tired of knocking, would

go away.

Blake’s thoughts were in the condition of a chopping sea where wind and

tide are opposing each other. Reflections that reached to the very

foundation of human society—questions of abstract right and wrong—were

combating old notions adopted on the authority of others, and as yet

untested in the cupel of his own conscience.

Brought for the first time face to face with the law for the rendition

of fugitive slaves,—encountering it in its practical operation,—he found

in it a barbarous necessity from which his heart recoiled with horror

and disgust. Must he disregard that pleading cry of conscience, that

voice of God and Christ in his soul, calling on him to do in

righteousness unto others as he would have them do unto him? Could any

human enactment exempt him from that paramount obedience?

How had he felt dwarfed in another’s presence that day! He had seen a

man, and that man a negro, putting forth his manhood in the best way he

could to parry the arm of a savage oppression, doubly fiendish in its

mockery, coming as it did under the respectable escort of the law.

Surely the negro showed himself better worthy of freedom than any white

man among his hunters.

Would the fellow keep his pledge? Would he come back? Blake now

earnestly hoped he would not. Was not any stratagem justifiable in such

a case? Should we mind resorting to deception in order to rescue

ourselves or another from a madman or a murderer? Why, then, might not

Peek violate his written promise, made as it was to men who were trying

to rob him of a freedom more precious than life to such a soul as his?

But had not he himself—he, Blake—made use of his poor show of generosity

to impress it on Peek that he must prove worthy the trust reposed in

him? This recollection brought bitter regret to the policeman. Instead

of encouraging the negro to escape, he had put scruples of conscience or

of generosity in his way, which might induce him to return. Would Blake

have done so to his own brother, under similar circumstances? Would he

not have bidden him cheat his persecutors, and make good his flight?

Assuredly yes! And yet to the poor negro he had practically said,

Return!

These reflections wrought powerfully upon Blake. Why not run and urge

the negro to escape? It was still more than an hour to five o’clock.

Yes, he would do it!

Then came a consideration to check the impulse. He, a sworn officer of

the law, should he lend himself to the defeat of the very law he had

taken it upon himself to execute? Was there not something intensely

dishonest in such a course?

Well, he could do one thing at least: he could resign his office, and

then try to undo the mischief he had perhaps done the negro by his

injunction. Yes, he would do that.

Impulsive in all his movements, Blake looked at his watch, and found he

would have just an hour in which to crowd all the action he proposed to

himself. Turning to Charlton, he said: “Your conduct to this runaway

slave will make your life insecure if I choose to go to certain men in

this city and tell them what I can with truth. What you now are

intending to do is to have the slave intercepted. I don’t ask you to

promise, simply because you will lie if you think it safe; but I say

this to you: If I find that any measures are taken before five o’clock

to catch the slave, I shall hold you responsible for them, and shall

expose you to parties who will see you are paid back for your rascality.

Take no step for an arrest, and I hold my tongue.”

Glad of such a compromise, Charlton replied: “I’m agreed. Up to five

o’clock I’ll do nothing, directly or indirectly, to intercept the

nigger.”

Blake was speedily in the street after this. He hurried to the City

Hall, found the Chief of Police, gave in his resignation, deposited

Colonel Hyde’s pistol among the curiosities of the room, and said that

another man must be found to attend to the case at Charlton’s office.

Having in this way eased his conscience, Blake ran as far as Broadway,

and jumped into an omnibus. But the omnibus was too slow, so he jumped

out and ran down Broadway to Bunker’s. How the precious time flew by!

Before he could be satisfied at Bunker’s that Peek was not there, the

clock indicated five minutes of five. He rushed out in the direction of

the slave’s lodgings. An old woman with wrinkled face, and bent form,

and carrying a broom, was showing the apartments to an applicant who

thought of moving from the story below. Where were the negro and his

wife? Gone! How long ago? More than two hours! The clock struck five.

Wholly disheartened, Blake ran back to Charlton’s office. He found it

locked. No one answered to his knock. Raising his foot he kicked open

the door with a single effort. The office was deserted. No one there! He

ran to the Jersey City ferry-boat that carries passengers for the

Philadelphia cars; it had left the wharf some twenty minutes before.

Baffled in all directions, he took his way to the police-station to find

Iverson; but that officer was on duty, nobody knew where. After waiting

at the station till nearly midnight, Blake at last, worn out with

discouragement and fatigue, went home.

What had become of Peek all this time?

Anticipating that he and his wife might at any moment find it prudent to

leave for Canada at half an hour’s notice, Peek had always kept his

affairs in a state to enable him to do this conveniently. He had hired

his rooms, furniture, and piano-forte by the week, paying for them in

advance. Two small trunks were sufficient to contain all his movable

property; and these might be packed in five minutes.

Flora, his wife, who like Peek was of unmixed blood, had been lady’s

maid in a family in Vicksburg. Here she had become an expert in washing

and doing up muslins and other fine articles of female attire. But the

lady she served died, and Flora became the property of Mr. Penfield, a

planter, who, looking on her with the eyes that a cattle-breeder might

turn on a Durham cow, ordered her to marry one Bully Bill, a lusty

African with a neck like the cylinder of a steam-engine. Flora objected,

and learning that her objections would not be respected, she ran away,

and after various fortunes settled at Montreal. Here she married Peek,

who taught her to read and write. She had been bred a pious Catholic,

and Peek, finding that they agreed in the essentials of a devout and

believing heart, never undertook to disturb her faith.

They moved to New York, and Peek with his wages as waiter, and Flora

with the money she got for doing up muslins, earned jointly an income

which placed them far above want in the region of absolute comfort and

partial refinement. Few more happy and loyal couples could have been

found even in freestone palaces on the Fifth Avenue.

“Well, Flora, how long will it take you to get ready?” said Peek,

entering the neat little kitchen, where she was at work at her

ironing-board, while little Sterling sat amusing himself on the floor in

building a house with small wooden bricks.

Flora, at once comprehending the intent of the question, replied, “I

sha’n’t want more ’n half an hour.”

“Well, a boat leaves for Albany at five,” said Peek, taking the Sun

newspaper, and cutting out an advertisement. “We’d better quit here, and

go on board just as soon as we can.”

“Le ’m me see,” said Flora, meditatively. “The grocer at the corner will

send round these muslins, ’specially if we pay him for it. My customers

owe me twenty dollars,—how shall we collek that?”

“You can write to them from Montreal.”

“Lor! so I can, Peek. Who’d have thought of it but you?”

“Come, then! Be lively. Tumble the things into the trunks. We’ll give

poor old Petticum the odds and ends we leave behind; and she’ll notify

the landlord, and take care of the rooms.”

In less than an hour’s time they had made all their preparations, and

were all three in a coach with their luggage, rattling up Greenwich

Street towards one of the Twenties. Here they went on board an old

steamer, recently taken from the regular line for freighting purposes,

and carrying only a few passengers. Having seen Flora and Sterling

safely bestowed with the luggage, and given the former his watch and all

his money, except a dollar in change, Peek said: “Now, Flora, I’ve got

to go ashore on business. If I shouldn’t be here when the boat starts,

do you keep straight on to Montreal without me. Go to the post-office

regularly twice a week to see if there’s a letter for you.”

“What is it, Peek? Tell me all about it,” said Flora, who painfully felt

there was a secret which her husband did not choose to disclose.

“Now, Flora, don’t be silly,” replied Peek, wiping the tears from her

face with his handkerchief. “I tell you, I may be aboard again before

you start,—haven’t made up my mind yet,—only, if you shouldn’t see me,

never you mind, but just keep on. Find out your old customers in

Montreal, and wait patiently till I join you. So don’t cry about it. The

Lord will take care of it all. Here’s a handbill that tells you the best

way to get to Montreal. Look out for pickpockets. I shouldn’t leave you

if I didn’t have to, Flora. I’ll tell you everything about it when we

meet. So good by.”

Having no suspicion of the actual cause of Peek’s leaving her, and

confident, through faith in him, that it must be for a right purpose,

Flora cheered up, and said: “Well, Peek, I ’spec you’ve got some little

debts to pay; but do come back to-day if you can; and keep clar’ of the

hounds, Peek,—keep clar’ of the hounds.”

And so, kissing wife and child, with an overflowing heart Peek quitted

the boat. He did not at once leave the vicinity. There was a pile of

fresh lumber not far off. Dodging out of sight behind it, and then

sitting down in a little enclosure formed by the boards, where he could

see the boat and not be seen, he tried to orient his conscience as to

his duty under the extraordinary circumstances in which he found

himself.

Go back to the life of a slave? Leave wife and child, and return to

bondage, degradation, subordination to another’s will? He looked out on

the beautiful river, flashing in the warm spring sunshine; to the

opposite shore of Hoboken, where he and Flora used to stroll on Sundays

last summer, dragging Sterling in his little carriage. Was there to be

no more of that pleasant independent life?

A slave? Liable to be kicked, cuffed, spit on, fettered, scourged by

such a creature as Colonel Delancy Hyde? No! To escape the pursuing

fiends who would force such a lot on an innocent human being, surely any

subterfuge, any stratagem, any lie, would be justifiable!

And Peek thought of the joy that Flora would feel at seeing him return,

and he rose to go back to the boat.

A single thought drew him back to his covert. “So help me God.” Had he

not pledged himself,—pledged himself in sincerity at the moment in those

words? Had he not by his act promised Blake, who had befriended him,

that he would return, and might not Blake lose his situation if the

promise were broken?

As Peek found conscience getting the better of inclination in the

dispute, he bowed his head in his hands, and wept sobbingly like a

child. Such anguish was there in the thought of a surrender! Then,

extending himself prostrate on the boards, his face down, and resting on

his arms, he strove to shut out all except the voice of God in his soul.

He uttered no word, but he felt the mastery of a great desire, and that

was for guidance from above. Tender thoughts of the sufferings and wants

of the poor slaves he had left on Barnwell’s plantation stole back to

him. Would he not like to see them and be of service to them once more?

What if he should be whipped, imprisoned? Could he not brave all such

risks, for the satisfaction of keeping a pledge made to a man who had

shown him kindness? And he recalled the words, once spoken through

Corinna, “Not to be happy, but to deserve happiness.”

Besides, might he not again escape? Yes! He would go back to Charlton’s

office. He would surrender himself as he had promised. The words which

Colonel Hyde had conceived to be of no more binding force than a wreath

of tobacco-smoke were the chain stronger than steel that drew the negro

back to the fulfilment of his pledge. “So help me God!” Could he profane

those words, and ever look up again to Heaven for succor?

And so he rose, took one despairing look at the boat, where he could see

Flora pointing out to her little boy the wonders of the river, and then

rushed away in the direction of Broadway. There was no lack of

omnibuses, but no friendly driver would give him a seat on top, and he

was excluded by social prejudice from the inside. It was twenty minutes

to five when he reached Union Park. Thence running all the way in the

middle of the street with the carriages, he reached Charlton’s office

before the clock had finished striking the hour.

There had been wrangling and high words just before his entrance.

Colonel Delancy Hyde was ejecting his wrath against the universal Yankee

nation in the choicest terms of vituperation that his limited vocabulary

could supply. The loss of both his nigger and his revolver had been too

much for his equanimity. Captain Skinner and his companion, Biggs, were

sturdily demanding their fees, which did not seem to be forthcoming.

Charlton, in abject grief of heart, was silently lamenting the loss of

his fifty dollars, forfeited by the non-delivery of the slave; and

Iverson, the policeman, was delicately insinuating in the ear of the

lawyer that he should look to him for his pay.

Peek, entering in this knotty condition of affairs, was the _Deus ex

machina_ to disentangle the complication and set the wheels smoothly in

motion. No one believed he would come back, and there issued from the

lips of all an exclamation of surprise, not unseasoned with oaths to

suit the several tastes.

“Cuss me if here ain’t the nigger himself come back!” exclaimed the

Colonel. “Wall, Peek, I didn’t reckon you was gwine to keep yer word,

and it made me swar some to see how I’d been chiselled fust out of my

revolver and then out of my nigger, by a damned Yankee policeman. But

here you air, and we’ll fix things right off, so’s to be ready for the

next Philadelphy train, if so be yer’ll go without any fuss.”

“Yes, I’ll go, Colonel,” said Peek, “but you’ll have an officer to see I

don’t escape from the cars.”

“Thar’s seventy-five dollars expense, blast yer!” exclaimed the Colonel.

“Yes, be Gawd! I’ve got to pay this man for goin’ to Cincinnati and

back. O, but old Hawks will take your damned hide off when we git you

back in Texas,—sure!”

Peek, to serve some purpose of his own, here dropped his dignity

entirely, and assumed the manner and language of the careless,

rollicking plantation nigger. “Yah! yah!” laughed he. “Wall, look

a-he-ah, Kunnle Delancy Hyde. Les make a trade,—we two,—and git rid of

the policeman altogedder. I can sabe yer fifty dollars, shoo-er-r-r,

Kunnle Delancy Hyde, if you’ll do as how dis nigger tells yer to.”

“How’ll yer do it, Peek?” asked the Colonel, much pacified by the

slave’s repetition of his entire name and title.

“I’ll promise to be a good nigger all the way to Cincinnati, and not try

to run away,—no, not wunst,—if you’ll pay me twenty-five dollars.”

“Will yer sign to that, Peek, and put in, ‘So help me Gawd’?” asked the

Colonel.

Peek started, and looked sharply at Hyde; and then quietly replied,

“Yes, I’ll do it, if you’ll gib me the money to do with as I choose; but

you must agree to le’m me write a letter, and put it in the post-office

afore we leeb.”

The Colonel considered the matter a moment, then turned to Charlton, and

said, “Draw up an agreement, and let the nigger sign it, and be sure and

put in, ‘So help me Gawd.’”

The arrangement was speedily concluded. The witnesses and the officers

were paid off. Charlton received his fifty dollars and Peek his

twenty-five. The slave then asked for pen, ink, and paper, and placed

five cents on the table as payment. In two minutes he finished a letter

to Flora, and enclosed it with the money in an envelope, on which he

wrote an address. Charlton tried hard to get a sight of it, but Peek did

not give him a chance to do this.

The Colonel and Peek then walked to the post-office, where the slave

deposited his letter; after which they passed over to Jersey City in the

ferry-boat, and took the train to Philadelphia.

As for Charlton, no sooner had his company left him, than he seized his

hat, locked up his office, and hurried to Greenwich Street, where he

proceeded to examine the lodgings vacated by Peek. He found Mrs.

Petticum engaged in collecting into baskets the various articles

abandoned to her by the negroes,—old dusters, a hod of charcoal,

kindling-wood, loaves of bread, and small collections of groceries,

sufficient for the family for a week. Mrs. Petticum appeared to have

been weeping, for she raised her apron and wiped her eyes as Charlton

came in.

“Well, have they gone?” asked he.

“Yes, sir, and the wuss for me!” said the old woman.

Charlton took his cue at once, and replied: “They were excellent people,

and I’m sorry they’ve gone. What was the matter? Were the slave-catchers

after them?”

“I don’t know,” sighed Petticum; “I shouldn’t wonder. Poor Flora! That

was all she worried about. I’d like to have got my hands in the hair of

the man that would have carried her off. Where’ll you find the white

folks better and decenter than they was?”

“Not in New York, ma’am,” said Charlton, stealthily looking about the

room, examining every article of furniture, and opening the drawers.

“The furniture belongs to Mr. Craig; but all in the drawers is mine,”

said the old woman, not favorably impressed by Charlton’s

inquisitiveness.

“O, it’s all right,” replied Charlton; “I didn’t know but I could be of

some help. You’ve no idea where they went to?”

“They didn’t tell me, and if I knowed, I shouldn’t tell you, without I

knowed they wanted me to.”

“O, it’s no sort of consequence. I’m a particular friend, that’s all,”

said Charlton. “Did you notice the carriage they went off in?”

“Yes, I did.”

“Could you tell me the number?”

“No, I couldn’t.”

Seeing an old handkerchief in one of the baskets, Charlton took it out,

and looked at the mark. He could get nothing from that; so he threw it

back. An old shoe lay swept in a corner. He took it up. Stamped on the

inner sole were the words, “J. Darling, Ladies’ Shoes, Vicksburg.”

Charlton copied the inscription in his memorandum-book before putting

the shoe back where he had found it. The Sun newspaper lay on the floor.

Taking it up, he found that an advertisement had been cut out. Selecting

an opportunity when Mrs. Petticum was not looking, he thrust the paper

in his pocket.

And then, after examining an old stove-funnel, he went out.

“He’s no gentleman, anyhow,” said Mrs. Petticum; “and I don’t believe he

ever was a friend of the Jacobses.”

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