CHAPTER XVII

THE LAW OF THE LAND

One morning in the early fall, the little town of Clarksville,

county-seat of Tullahoma County, was thronged with people from all

the country round about. There was in progress the trial of certain

white citizens under indictment for murder, among these some of the

most respected men of that region. The case of Colonel Calvin Blount

had been chosen as the first of many.

The court-room in the square brick court house was packed with masses

of silent men. The halls were crowded. The yard of the court house

was full, and the streets were alive with grim-faced men. The

hitching racks were lined with saddle horses, and other horses and

countless mules were hitched to fences and trees even beyond the

outskirts of the town. The hotels had long since abandoned system,

and every dwelling house was open and full to overflowing.

Outside of the town, or mingling in the fringes of the crowd at its

edges, there huddled even greater numbers of those of the colored

race. Some of these were armed. The white men in the streets were

armed. None showed hurry or agitation; none shouted or gesticulated;

yet the clerk of the court had a pistol in his pocket; each juryman

was likewise equipped; the judge on the bench knew there was a pistol

in the drawer of the desk before him. This gathering of the people

was thoughtfully prepared. It was a crisis, and was so recognized.

The silent audience was packed close up to the rail back of which was

stationed the judge's stand and jury-box. Within the railing there

was scanty room; every member of the local bar was there, and many

lawyers from counties round about.

Erect in the grave-faced assemblage, there stood one man, pale of

face but with burning eyes. It was John Eddring, attorney for the

defense in the case of the state against Calvin Blount, charged with

murder. His voice, clean-cut, eager, incisive, reached every corner

of the room. His gestures were few and downright. He was swept

forward by his own convictions of the truth.

Eddring was approaching the conclusion of the argument which he had

begun the previous day. The testimony in these cases, known generally

as the "lynching cases," had long been in and had passed through

examination, cross-examination, rebuttal and surrebuttal.

Eddring knew that he would be followed by an able man, a district

attorney conscientious in the discharge of his duty, however

unpleasant it might be. He had therefore with the greatest care

analyzed the evidence of the state as offered, and had demonstrated

the technical impossibility of a conviction. Yet this, he knew, would

not upon this occasion suffice. He went on toward the heart of the

real case which he felt was then on trial before this jury of the

people.

"Your Honor and gentlemen of the jury," he continued, "we all know

that we are, in effect, trying today not one man, not one district,

not one state, but an entire system. We are trying the South. The

life and the liberty of the South are at stake. To prove this, these

men have come in and given themselves up as an atonement, as a blood

offering like to that of old; seeking to prove that what they

continually have coveted is not lawlessness, but the law.

"Now I say this, and I say, also, let each of us have a care lest he

lose touch with the eternal pillar of the truth. There it is. It

rises before you, gentlemen, that silent, somber shaft. It finds its

summit in the sky. I pray God to keep my own hand in touch thereto,

and my eyes turned not aside. And my life, with that of these others,

is offered freely in proof that we covet not lawlessness, but the

law! We are white men, and where the white man has gone, there has he

builded ever, first of all, his temple of the law. Upon whatever land

the Anglo-Saxon sets his foot, of that land he is the master, or

there he finds his grave. First he lays his hearthstone, and upon

that foundation he builds his temple of the law. A race which has no

hearthstone knows no law.

"Inasmuch as God has made all manner of things diverse, setting no

fence even between species and species, creating all blades of grass

alike, yet not one the duplicate of another; then neither should we,

being human, essay a wisdom greater than that of the eternal

compromise of life. No human document, no sum of human wisdom, not

even the Deity of all life can or does guarantee a success which

means individual equality in the result of effort. The chance, the

opportunity--that is the law, and that is all the law. Beyond that

did not go the intent of that Divinity which decreed the scheme under

which this earth must endure. To war and conflict each creature is

foreordained, for so runs the decree of life. But never, in the

divine wisdom, was it established that the mouth of the stream should

be its source; that inequality should be equality; that failure

should be success; that unfitness should mean survival.

"In reading the pages of the great and beloved Constitution of

America there have been those who have juggled the import of the word

'success' with the meaning of the _chance to succeed_.

"There was such juggling in those war amendments to that

Constitution, which to-day represent the folly of a part of America--

not of all of America. Those amendments, if they be not of themselves

war measures, were at least consequences of war measures. This

Constitution which we call supreme can, of itself, be amended--can,

indeed, itself be set aside by its own servants, as was proved in

that very war whose memory is still in our minds. The Supreme Court,

in the Legal Tender case, admittedly set aside the Constitution. It

did so of necessity, and as a measure demanded by the times of war.

The supreme letter of the law has not always been respected by this

people, nor by its wisest men, by its most august servants.

"It is not the law, gentlemen, vainly to call two blades of grass

identical, vainly to call the hare and tiger alike and equal; vainly

to call, if you like, black the same as white. The law is that if it

be possible for the hare to approach its neighbor in ways desirable,

it be given its _chance_ to do so. If the black man can grow like to

the white in all human attainments, if he can grow and succeed, then

let him have the _chance_ to do so.

"But that same chance of betterment and advancement, that same

selfish chance to prevail and to survive, that chance to succeed

given under the divine intent, must be accorded also to that creature

known as the white man. If he, the white man, can prevail, can

survive, can succeed, he, too, must have his chance. That is the law!

But the chance of either white or black man is his own and is not

negotiable. That is the law! Not without fitness can there be

ultimate success. Not until the fullness of the years can there be

attainment for any creature of this earth. That is the law! There is

no tree growing in the center of this ordained universe wherefrom the

full fruit of survival and of success may be plucked and eaten

without effort and without earning. No individual has done it. No one

can do it. Bounty and gift do not make success. It must be _won!_

"Is this doctrine difficult? If so, we can not change it. It is the

great law, irrevocable and unamendable, and it is no more kind and no

more cruel than life itself is kind or cruel. It is the law. That is

the law!

"The makers of the Constitution, the amenders of the Constitution--

that document subject to change, subject to being ignored, as has

been the case--could never, under the enduring law, guarantee success

plucked as an apple for each and every man who had not earned it.

Gentlemen, talk not to me of the broad charity of this nation, or of

its general justice to humanity. Call not this piece-work

Constitution of ours, amended and subject to amendment, an approach

to divine charity or wisdom. No; for in some of its effects it has

proved to be the most cruel and unjust measure ever known in all

human laws.

"It was cruel and unjust to whom? To us? To the white man? No, no. It

was cruel in that it presented a title to success, to fitness and to

survival unto eager, ignorant hands, and then by its own limitations

snatched that title away from them again. It sought to do that which

can not be done--to establish growth instead of the chance to grow.

It was cruel. It was unjust. In the wisdom of a later day its

patchwork form must once more be changed. It must be changed as a

protection, no more against the former slaves of the South than

against the future slaves of the North.

"Gentlemen, if that change could be effected to-morrow by the

offering up of this life--of these lives now in your hands--I say

these lives would be laid down gladly. Take them if you will. They

are our pledge that we covet not lawlessness, but the law; our pledge

that, having no law, we have been eager to act lawfully as we might.

The reign of lawlessness and terror must end in this country. We must

contrive some machinery of the law which shall command respect. We

must not continually drag the name of the South--the name of America--

in the mire of lawlessness. To do that is to smirch the flag--the

one flag of America. But we denounce and will always denounce that

false decree which says that black is white; that inequality is

equality; that lack of manhood is manhood itself; that the absence of

a hearthstone can mean a home; that the absence of the home can mean

a permanent society.

"In the future the North, packed and crowded beyond endurance, with

imported and herded white slaves who in time will demand the position

of masters--as the blacks may legally demand that position here to-

day--will pay her price for the right to make this plea. The South

has already paid a thousand times for her right to make it to-day.

With treasure she has paid for it; with roof-tree and hearth-tree she

has paid it dear, and with the sacred tears of women. With the

sacrifice of her own future she has paid for that right. But the

South and the North belong together, not held apart by politics, but

held together in brotherhood. In the name of all justice, let us hope

that the South shall not be asked to pay the bitterest of all prices,

the misunderstanding and the alienation of those whom she loves and

would embrace as her brothers. Let us hope, in the name of mercy, if

not of justice, that the South shall be understood as a region having

a problem, a problem which is national, and not sectional, and _not

political_. Let us in all fairness hope that our northern brothers

will understand that the South is honest in her attempt to deal with

that problem in her time, which is the time of to-day.

"Your Honor, I do not depart from my argument. I am not here for wild

talk regarding the relations of the two races. It is the ages alone

which will decide that problem. But I am here to stand for the law

and not for lawlessness. I am here to say that our flag, the American

flag, is for all men, and for America; not for Africa alone, or for

Europe alone, but for America. It is the flag of progress, not the

flag of anarchy. It is the banner of civilization and not of

savagery. That, and not the banner of Africa or of Europe, must be

our ensign to-day.

"Your Honor, and gentlemen, we are not here today to conclude that

God set the white man over the black. We are to conclude simply that

He set him _apart_ from the black man. The divine right of slavery was

an impiety, and, worst of all, an absurdity. The South made that

mistake, and bitter has been the price of her folly. Yet the South,

having sinned, paid the price of her sinning in all ways exacted of

her. She accepted the ruling of the North, and, as a distinguished

orator once said, surrendered 'bravely and frankly.' But she did not

admit, and please God, never will admit, that those fresh from

savagery should govern the white men, that they should institute the

machinery of the law whereunder the white man must live.

"Gentlemen, you see before you, sardonically done, the fruits of the

Black Justice. Is that the Law? If it be, then send us to our graves;

for as that Black Justice formally exists to-day, Calvin Blount, and

I, and these others, must go back to our fields or to our graves. Do

you wish to send us to the latter? If you do, you send these other

white men just as lawfully back to take up the hoe of labor, to bend

their necks under the black yoke of African ignorance and savagery.

Is that the Law? In my heart, gentlemen, I believe that those who say

this is the law have not read the history of this country, do not

understand the theory of this country, and can not speak for it

unselfishly or honestly.

"Yet, gentlemen, that is the dilemma into which our brothers of the

North would continually thrust us. Suppose that, casting about for

some possible measure to free us from one point or the other of that

dilemma, we should seek some legal compromise which would free us

from the letter of this oppressive law of our national Constitution.

Suppose there should be proposed some general and stern limitation of

the franchise? Such an onerous qualification must needs apply to

black and white alike. Who would be first to object to it? It would

be the politicians of the North, who could not afford to exact even a

prepaid poll-tax as a test for a vote. In time the North will need to

free her white slaves, already turbulent and rebellious. In time she

will have to pay for them, as we of the South have paid. After that

great civil war which is yet to come, the men of the North may

perhaps understand more fully the meaning of that phrase 'the manhood

suffrage' and know that manhood means survival, that good manhood

means the product of a good environment, a survival slowly and fitly

won. By that time, North and South, perhaps, will know that the

franchise should be as the bulwark of the law, not the destroyer of

the law. Until that time, we of the South must continue to pay our

part of the price of the national lawlessness; and we must continue,

each commonwealth for itself as best it may, to enact laws which

shall in part lessen the intolerable weight of that which we have set

up as the idol of our national laws--that Constitution, which is

impossible and not practicable, which is merciless instead of just,

which is cruel instead of being kind, and most cruel to those whom it

is thought to shelter. Meantime the South feels still the intolerable

weight of that Constitution, the intolerable sting of the demand of

her northern brothers, that she shall be asked to endure, in the name

of this incubus, this body of the law, the continuous burglarizing of

her honor and her prosperity--the burglarizing of the house of her

society.

"We know that it is the chiefest of cruelty and unkindness, the

chiefest of madness, to incite these poor and ignorant people--ever

ready to follow the voice of sophistry or selfishness--to believe

that their burglary of the house of success is right and reasonable;

because it is certain that such burglary will be met in the South by

the law, by the White Justice, and that, if need be, until either

white or black man shall exist no more in this portion of America.

Gentlemen, North and South owe it to America, America owes it to the

world, that there be held aloft for our worship an image of the Law

more honorable than this. Until that time of a more honorable image

for our worship, there must perhaps go on the enormous folly of one

portion of this nation asking another portion to destroy itself for

the sake of an unworthy race. This demand, gentlemen, I take to be an

actual treason to the law and to this country.

"The white man has won his rights--why? Because he was able to do so.

He accords to any other race the same privilege. That is the law of

survival; it is greater than any law of politics, greater than any

statute law.

"But, your Honor, these men can not be acquitted under any plea

dealing with generalizations alone. The law of the land must be

observed in so far as that law exists.

"Now I ask whether at the time of the acts charged against Calvin

Blount there existed any adequate machinery of the law. I have

pointed out to you the precedent of the great case handled by Mr.

Webster in the city of New York, in which case the statutes were set

aside by the greater law of an immediate and overpowering necessity.

I submit to you that necessity, the greatest of all laws, and in

precedent respected by our courts as such, would have overridden even

the regular machinery of our laws had it been in operation. I submit

further to you that no law existed in this country at that time; that

the service of the law to its citizens had ceased. If the greatest

court of the country still tolerates the burglary of the house of

society by this so-called manhood suffrage, which should rather be

called the per capita suffrage, then at least the lesser courts,

wiser than the greater, recognize the fact that some crimes require

no warrant for arrest; that sometimes the citizen is court and

executive in one and at once.

"As the greatest authorities of the law have written, in the

organization of society the individual never surrenders all of his

rights. He retains for ever and inalienably, after all his

delegations to society and the law, a residuum of power for his own.

He retains under the great and supreme law of all life, that sweet,

that divine privilege, his _chance_ to succeed, his _chance_ to

survive! No tyranny, no oppression, can overcome that sweetest and

strongest of all the Anglo-Saxon's coveted rights. Instead, he has

ever risen against the law, when that law has demanded of him this

last, this ultimate and inalienable right, this principle under which

he has builded the civilization of the world.

"In defiance of statute laws grown weak and impotent, the barons at

Runnymede wrested Magna Charta from King John; in defiance of statute

laws grown weak and impotent, the free men of England wrested their

Habeas Corpus Act from King Charles; in defiance of statute laws

grown weak and impotent, the colonists of America wrested a virgin

empire from King George.

"And, please God, in defiance of statute laws grown weak and

impotent, the white man will wrest from whatsoever hand may hold it,

the right to protect the integrity of his race, the safety of his

women, the sanctity of his two-fold temple of the law!

"I therefore submit to you that a sacred exigency demanded the action

of this prisoner, of these prisoners; and I submit that this prisoner

at the bar is innocent before the law. But beyond that I add my plea,

with that of this honorable court, and of these gentlemen, that one

day we may have given to us an image of the Law which we may venerate

in letter and in spirit, and a law capable of its own enforcement.

"As I stand before you, gentlemen, this prisoner, this cause, its

feeble advocate, seem small and inconsiderable. But at my side I see

arising the eternal pillars of the temple of the White Justice. Do

you not see them, rising solemn and stately before you, those

pillars, their heads taking hold upon the heavens? If that temple has

been defiled, if it has been cast down, then let us hope that South

and North will restore it again in its full majesty. And when,

finally, aided, as we hope, by our brothers of the North, we, as

citizens of an ofttimes mistaken, yet eventually to be united

America, shall have builded this renewed temple of the law, then the

lives of the white men of this state will be--like ours joined in

this trial before you--free pledge that the men of this country, so

long charged with lawlessness, shall come and bow in that temple in

reverence of that law which they have always coveted and which they

covet here to-day. Your Honor, and gentlemen of the jury, in the face

of that statement, I say that not Calvin Blount--nor any one of these

prisoners--has violated the law. And so I close with the words of the

ancient form of pleading: Of this we do indeed put ourselves upon the

country."

In the silence which fell upon the room as Eddring closed, the

district attorney arose to present the case of the state. He began

slowly, gravely, logically. He presented the printed page of the

statutes, called attention to the formal accuracy of the proceedings,

the overwhelming nature of the evidence; he explained that without

law, nothing remained but anarchy. He pointed out to the jury that

here was the law, plain and unmistakable; here were the facts,

obvious and uncontroverted, the convicting facts. He spoke of the

infamy which had been cast upon the name of the South by reason of

just such deeds as these. He urged the necessity for an absolute and

unyielding observance of the letter of the law, those statutes from

which they dared not depart. They were statutes which could not be

overswept by any glittering speciousness, or set aside by fine spun

theories as to what might or might not be a more desirable order of

affairs. He reminded them of their oath, their sworn promise to

enforce the law--_this_ law, the law of the printed page.

[Illustration: "OF THIS WE DO INDEED PUT OURSELVES UPON THE COUNTRY."

p. 358]

He spoke for two hours, and he did his duty; but he addressed himself

to men of stone, and he knew it even as he spoke. Not to be moved by

his words were these set and solemn faces. Concluding with a

passionate appeal that they should protect the fair name of their

country from the stigma of lawlessness, he resumed his seat, knowing

then the verdict which would follow.

The judge, an old man with silvery hair, turned to the jury.

"Retire, gentlemen, to consider of your verdict."

The door to the jury-room closed behind them, and left a thousand

eyes fixed anxiously upon it.

They had scarcely disappeared when the knock of the foreman was heard

at the door.

"Bring in the jury, Mr. Sheriff," the judge ordered.

The foreman of the jury, an unknown man, tall and stooped, with

scraggly hair and beard, handed a folded paper to the clerk.

"Mr. Clerk, read the verdict," the judge ordered; and the clerk read:

"We, the jury, find the defendant not guilty."

The words were received in utter silence.

Presently all, jury and bar and spectators, filed from the court-

room, quietly, not with oaths or threats of violence for those others

who at the outskirts of the town were waiting for their answer. And

they, the waiting ones, found their answer in this silence, and so

now slipped out into the forest. The crowds of white men in the town

also quietly melted away.

That night at the hotel the judge and certain citizens were engaged

in quiet conversation.

"I think," said the judge, "that this young gentleman, Mr. Eddring,

belongs somewhere in a position of trust. I believe that he can be

depended upon to think, and not merely to play politics for the sake

of office holding. We have had too much politics in the South, and

too much in America. It's time now we did a little thinking."

"You're right about that, Judge," broke in the voice of Calvin

Blount. "But it's just as he says, we've got to begin. We've got to

have some kind of law to begin under."

The judge sighed. "It is humiliating to have to resort to any sort of

subterfuge," said he. "Of course, in law, the rule must apply to

black and white alike. I see that one of our sister states has passed

a law allowing no one to vote who can not read, or who can not write

on dictation any section of the Constitution; or who has not paid

state and county taxes for two preceding years. This test is not

applied to any one who was entitled to vote in any one of the states

of the Union on January first, 1867, or at some time prior thereto.

It does not apply to any legitimate lineal descendant of persons

entitled to vote prior to that time. That is an evasion. Yet, as this

young gentleman said, we can not submit to the burglarizing of the

house of our society. Until we may legally repel, we must legally

evade."

"Why, see here, men," broke in Blount, again, "if you'll let me say

so, Judge, there ain't no law higher than the law of poker. Now we've

let Mr. Nigger into the game with us; or, anyhow, he's here, and

somebody gives him a few chips. He don't buy 'em for himself, and he

don't know the value of 'em. His chips ought to be good as far as

they last. The trouble with Mr. Nigger is, he's wanting to get into

every jack-pot with less'n a pair of deuces, and wanting to play on

the ground that his white chips are as good as the other fellow's

blue ones. Now, that ain't _poker!_"

"It Shirley ain't," said the tall foreman, wagging a scraggly beard.

The judge smiled softly and gravely. "No," said he. "There should be

justice to the white man as well as the black. You will notice the

order in which I place those terms."

Calvin Blount hitched his chair closer up to the table. "But now you

were saying, Judge, that we ought to do something for this young

fellow, Eddring. I have known him a long time, from the time he was

claim agent on the railroad. I want to say he's a man and a

gentleman, not afraid of anything, and he wants to do what's right. I

don't think he puts money ahead of everything else in the world. For

my part, if he was my representative in the Legislature, or in

Congress either, I'd feel right sure he'd represent me strictly

according to the legitimate rules of _poker;_ and that's a blamed

sight more than a whole lot of politicians are doing to-day, _North_

or South."

"It Shirley is!" again said the foreman, wagging his scraggly beard.

The Law of the Land Of Miss Lady, Whom It Involved in Mystery, and of John Eddring, Gentleman of the South, Who Read Its Deeper Meaning: A Novel · 第 17 / 22 章