"He"s all I want," says M"Fadden, making a move outward, and edging his way through the crowd.
"A moment with my poor old woman, master, if you please?" says Harry, turning round to his wife.
"None of your black humbugging; there"s wives enough on my place, and a parson can have his choice out of fifty," returns M"Fadden, dragging him along by the arm. The scene that here ensues is harrowing in the extreme. The cries and sobs of children,--the solicitude and affection of his poor wife, as she throws her arms about her husband"s neck,--his falling tears of sorrow, as one by one he s.n.a.t.c.hes up his children and kisses them,--are painfully touching.
It is the purest, simplest, holiest of love, gushing forth from nature"s fountain. It were well if we could but cherish its heavenly worth. That woman, the degraded of a despised race, her arms round a fond husband"s neck, struggling with death-like grasp, and imploring them not to take him from her. The men who have made him merchandise,--who have trodden his race in the dust,--look on unmoved as the unfeeling purchaser drags him from the embrace of all that is near and dear to him on earth. Here, in this boasted freest country the sun shines on-where freedom was bequeathed by our brave forefathers,--where the complex tyranny of an old world was overthrown,--such scenes violate no law. When will the glorious, the happy day of their death come? When shall the land be free?
M"Fadden, having paid the price of his clergyman, drags him to the door. "Once more, master," mutters the victim, looking back with fear and hope pictured on his imploring face. M"Fadden has no patience with such useless implorings, and orders him to move along.
"I will see them once more!" the man exclaims, "I will! Good bye!
may Heaven bless you on earth, my little ones!-G.o.d will protect us when we meet again!" The tears course down his cheeks.
"None of that ar" kind of nonsense! Shut down yer tear-trap," says M"Fadden, calling an attendant, and, drawing a pair of irons from his pocket, placing them about Harry"s hands. Mr. M"Fadden"s property shows signs of being somewhat belligerent: to obviate any further nonsense, and to make short work of the thing, Mr. M"Fadden calls in aid, throws his property on the ground, ties its legs with a piece of rope, places it upon a drag, and orders it to be conveyed to the depot, from whence it will be despatched by rail for a new home.
This little ceremony over, the wife and children (Romescos and M"Fadden, not very good friends, were compet.i.tors for the preacher property) are put up and sold to Romescos. That skilful and very adroit gentleman is engaged to do the exciting business of separating, which he is progressing with very coolly and cleverly.
The whole scene closes with selling the animal property and farming utensils. Happy Christian brothers are they who would spread the wings of their Christianity over such scenes!
CHAPTER XX.
A FATHER"S TRIALS.
IF modern Christianity, as improved in our southern world-we mean our world of slavery-had blushes, it might improve the use of them were we to recount in detail the many painful incidents which the improved and very christianly process of separating husbands from wives, parents from children, brothers from sisters, and friends from all the ties and a.s.sociations the heart, gives birth to.
Negroes have tender sympathies, strong loves. Reader, we will save your feelings,--we will not recount them; our aim is not to excite undue feeling, but to relate every-day scenes.
Days and weeks pa.s.s on drearily with Marston. Unhappy, forlorn, driven to the last extremity by obdurate creditors, he waits the tardy process of the law. He seldom appears in public; for those who professed to be his best friends have become his coldest acquaintances. But he has two friends left,--friends whose pure friendship is like sweetest dew-drops: they are Franconia and Daddy Bob. The rusty old servant is faithful, full of benevolence, grat.i.tude, and unshaken fidelity; the other is the generous woman, in whose bosom beat the tender impulses of a n.o.ble soul. Those impulses have been moved to action in defence of the innocent; they never can be defeated. Bob is poor, abject, and old with toil. He cares not to be free,--he wants mas"r free. But there yet remains some value in Bob; and he has secreted himself, in hopes of escaping the man-dealer, and sharing his earnings in the support of old mas"r. Franconia is differently situated; yet she can only take advantage of circ.u.mstances which yet depend upon the caprice of a subtle-minded husband. Over both these friends of the unfortunate, slavery has stretched its giant arms, confusing the social system, uprooting the integrity of men, weakening respect for law, violating the best precepts of nature, subst.i.tuting pa.s.sion for principle, confounding reason, and enslaving public opinion.
Under the above disorganising state of the social compact, the children, known to be Marston"s, are pursued as property belonging to the bankrupt estate. When the law has made it such, it must be sold in satisfaction of Marston"s debts.
Seven months have pa.s.sed since they were shut up in a felon"s cell.
They have been visited by Marston; he has been kind to them,--kind as a father could be under such circ.u.mstances. Franconia has not forgotten them: she sends many little things to lighten the gloom of their confinement; but society closes her lips, and will frown upon any disclosure she may make of their parentage. Were she to disclose it to Colonel M"Carstrow, the effect would be doubtful: it might add to the suspicious circ.u.mstances already excited against her unfortunate uncle. The paramount question-whether they are hereafter to be chattel slaves, or human beings with inalienable rights-must be submitted to the decision of a judicial tribunal. It is by no means an uncommon case, but very full of interest. It will merely be interesting-not as involving any new question of law, nor presenting new phases of southern jurisprudence-in showing what very notorious dealers in human kind, and lawyers of great legal ability, can morally and legally perform. It will show how great men figure in the arena of legal degradation, how they unravel the mystery of slave power.
Graspum, professedly uninterested, has purchased the claims, and will pursue the payment in the name of the original plaintiffs. With Romescos"s cunning aid, of course the trial will be a perfect farce, the only exception being that the very profound Mr. Graspum will exhibit a degree of great sincerity on his part.
The sessions are sitting; the day for the trial of this important case has arrived; the little dingy court-room is early crowded to excess, but there is not much expression of anxiety. Men speak lightly of the issue, as if some simple game were to be played. The judge, a grave-looking gentleman of no ordinary mien, in whose full countenance sternness is predominant in the well-displayed estimation in which he holds his important self, walks measuredly into court-the lacqueys of the law crying "Court! court!" to which he bows-and takes his seat upon an elevated tribune. There is great solemnity preserved at the opening: the sheriff, with well-ordained costume and sword, sits at his honour"s left, his deputy on the right, and the very honourable clerk of the court just below, where there can be no impediment during the process of feeding "the Court"
on very legal points of "n.i.g.g.e.r law." In truth, the solemnity of this court, to those unacquainted with the tenor of legal proceedings at the south, might have been misconstrued for something more in keeping with justice.
The legal gentlemen, most modest of face, are seated round the bar-a semicircular railing dividing their dignity from the common spectator-waiting the reading of the docket. The clerk takes his time about that, and seems a great favourite with the spectators, who applaud his rising. He reads, the sheriff crying "order! order!"
while the judge learnedly examines his notes. Some consultation takes place between several of the attorneys, which is interlarded with remarks from the judge, who, with seeming satisfaction to all parties, orders the case of B. C. R. K. Marston"s writ of replevin to be called and proceeded with. "As there are three fi fas," says the junior attorney for the defendants, a very lean strippling of the law, just working his way up in the world, "I object to the manner of procedure; the case only involves a question of law, and should be submitted to the special decision of the Court. It is not a matter for a jury to decide upon," he concludes. The judge has listened to his remarks, objections, and disclaimers, with marked attention; nevertheless, he is compelled to overrule them, and order the case to proceed. Upon this it is agreed among the attorneys-happy fellows, always ready to agree or disagree-that a decision taken upon one fi fa shall be held as establishing a decision for all the cases at issue.
The children are now brought into Court, and seated near one of the attorneys. Marston stands, almost motionless, a few steps back, gazing upon them as intently and solicitously as if the issue were life or death. Deacon Rosebrook, his good lady, and Franconia, have been summoned as witnesses, and sit by the side of each other on a bench within the bar. We hear a voice here and there among the crowd of spectators expressing sympathy for the children; others say they are only "n.i.g.g.e.rs," and can"t be aught else, if it be proved that Marston bought the mother. And there is Mr. Scranton! He is well seated among the gentlemen of the legal profession, for whom he has a strong fellow feeling. He sits, unmoved, in his wonted moodiness; now and then he gives the children a sly look of commiseration, as if the screws of his feelings were unloosing. They-the little property-look so interesting, so innocent, so worthy of being something more than merchandise in a land of liberty, that Mr.
Scranton"s heart has become irresistibly softened. It gets a few degrees above Mr. Scranton"s const.i.tutional scruples. "Painful affair this! What do you think of it, Mr. Scranton?" enquires a member of the profession, touching his arm.
"It is the fruit of Marston"s weakness, you see!-don"t feel just straight, I reckon. Didn"t understand the philosophy of the law, neither; and finds himself pinched up by a sort of humanity that won"t pa.s.s for a legal tender in business-"
"Ah! we cannot always look into the future," interrupts the attorney.
Mr. Scranton holds that whatever is const.i.tutional must be right and abidable; that one"s feelings never should joggle our better understanding when these little curiosities come in the way. He admits, however, that they are strange attendants coming up once in a while, like the fluctuations of an occult science. With him, the const.i.tution gives an indisputable right to overlook every outrage upon natural law; and, while it exists in full force, though it may strip one half the human race of rights, he has no right to complain so long as it does not interfere with him. It strikes Mr. Scranton that people who differ with him in opinion must have been educated under the teaching of a bad philosophy. Great governments, he holds, often nurture the greatest errors. It matters not how much they feel their magnitude; often, the more they do, the least inclined are they to correct them. Others fear the const.i.tutional structure so much, that they stand trembling lest the slightest correction totter it to the ground. Great governments, too, are most likely to stand on small points when these errors are pointed out. Mr. Scranton declares, with great emphasis, that all these things are most legally true, perfectly natural: they follow in man as well as governments.
With all due deference to Mr. Scranton"s opinion, so much demanded among his admiring neighbours, it must be said that he never could bring his mind to understand the difference between natural philosophy and his own const.i.tutional scruples, and was very apt to commit himself in argument, forgetting that the evil was in the fruits of a bad system, bringing disgrace upon his countrymen, corrupting the moral foundation of society, spreading vice around the domestic fireside, and giving to base-minded men power to speculate in the foulness of their own crimes.
The case is opened by the attorney for the plaintiff, who makes a great many direct and indirect remarks, and then calls witnesses.
"Marco Graspum!" the clerk exclaims. That gentleman comes forward, takes his place, calmly, upon the witnesses" stand. At first he affects to know but little; then suddenly remembers that he has heard Marston call their mothers property. Further, he has heard him, while extolling their qualities, state the purchase to have been made of one Silenus, a trader.
"He stated-be sure now!-to you, that he purchased them of one Silenus, a trader?" interpolates the judge, raising his gla.s.ses, and advancing his ear, with his hand raised at its side.
Yes, yer honour!" "Please observe this testimony," rejoins the attorney, quickly. He bows; says that is enough. The opposing attorney has no question to put on cross-examination: he knows Graspum too well. Being quite at home with the gentlemen of the legal profession, they know his cool nonchalance never can be shaken upon a point of testimony.
"Any questions to put?" asks the legal opponent, with an air of indifference.
"No, nothing," is the reply.
His brother of special pleas smiles, gives a cunning glance at Graspum, and wipes his face with a very white handkerchief. He is conscious of the character of his man; it saves all further trouble.
"When we know who we have to deal with, we know how to deal," he mutters, as he sits down.
Graspum retires from the stand, and takes his seat among the witnesses. "We will now call Anthony Romescos," says the attorney. A few minutes" pause, and that individual rolls out in all his independence, takes his place on the stand. He goes through a long series of questioning and cross-questioning, answers for which he seems to have well studied.
The whole amounts to nothing more than a corroboration of Graspum"s testimony. He has heard Marston call their mothers property: once, he thinks, but would hesitate before pledging his honour, that Marston offered to him the woman Clotilda. Yes; it was her!
Considerable excitement is now apparent; the auditory whisper among themselves, attorneys put their heads together, turn and turn over the leaves of their statutes. His honour, the Court, looks wiser still. Marston trembles and turns pale; his soul is pinioned between hope and fear. Romescos has told something more than he knows, and continues, at random, recounting a dozen or more irrelevant things.
The court, at length, deems it necessary to stop his voluntary testimony, orders that he only answer such questions as are put to him.
"There"s no harm in a feller tellin" what he knows, eh! judge?"
returns Romescos, dropping a quid of tobacco at his side, bowing sarcastically to the judge, and drawing his face into a comical picture.
Mr. Romescos is told that he can stand aside. At this seemingly acceptable announcement, he bristles his crispy red hair with his fingers, shrugs his shoulders, winks at two or three of the jurymen, pats Graspum on the shoulder as he pa.s.ses him, and takes his seat.
"We will close the case here, but reserve the right of introducing further testimony, if necessary," says the learned and very honourable counsel.
The defence here rises, and states the means by which his client intends to prove the freedom of the children; and concludes by calling over the names of the witnesses. Franconia! Franconia! we hear that name called; it sounds high above the others, and falls upon our ear most mournfully. Franconia, that sweet creature of grace and delicacy, brought into a court where the scales of injustice are made to serve iniquity!
Franconia"s reserve and modesty put legal gentlemen"s gallantry to the test. One looks over the pages of his reports, another casts a sly look as she sweeps by to take that place the basest of men has just left. The interested spectators stretch their persons anxiously, to get a look at the two pretty children, honourable and legal gentlemen are straining their ability to reduce to property.
There stands the blushing woman, calm and beautiful, a virtuous rebuke to curious spectators, mercenary slave dealers, the very learned gentlemen of the bar, and his enthroned honour, the Court!
She will give testimony that makes nature frown at its own degradation. Not far from Franconia sits the very const.i.tutional Mr.
Scranton, casting side glances now and then. Our philosopher certainly thinks, though he will not admit it, the chivalry is overtaxing itself; there was no occasion for compelling so fair a creature to come into court, and hear base testimony before a base crowd,--to aid a base law in securing base ends. And then, just think and blush, ye who have blushes to spare.
"Will the learned gentleman proceed with the examination of this witness?" says his honour, who, pen in hand, has been waiting several minutes to take down her testimony. Court and audience, without knowing why, have come to an unconscious pause.
"Will the witness state to the court in what relation she stands to the gentleman who defends t.i.tle freedom of the children,--Mr. Hugh Marston?" says the attorney, addressing his bland words to Franconia, somewhat nervously.
"He--he--he--is my--," she mutters, and stops. Her face turns pale; then suddenly changes to glowing crimson. She rests her left hand on the rail, while the judge, as if suddenly moved by a generous impulse, suggests that the attorney pause a moment, until the deputy provides a chair for the lady. She is quiet again. Calmly and modestly, as her soft, meaning eyes wander over the scene before her, compelled to encounter its piercing gaze, the crystal tears leave their wet courses on her blushing cheeks. Her feelings are too delicate, too sensitive, to withstand the sharp and deadly poison of liberty"s framework of black laws. She sees her uncle, so kind, so fond of her and her absent brother; her eye meets his in kindred sympathy, imagination wings its way through recollections of the past, draws forth its pleasures with touching sensations, and fills the cup too full. That cup is the fountain of the soul, from which trouble draws its draughts. She watches her uncle as he turns toward the children; she knows they are his; she feels how much he loves them.