Chapter 16. Plea Of Just Consideration And Mistaken Constancy Of The Laws

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_ CHAPTER XVI. PLEA OF JUST CONSIDERATION AND MISTAKEN CONSTANCY OF THE LAWS

THE consul's office opened at nine o'clock,--the Captain, with his register-case and shipping papers under his arm, presented himself to Mr. Mathew, handed him his papers, and reported his condition. That gentleman immediately set about rendering every facility to relieve his immediate wants and further his business. The consul was a man of plain, unassuming manners, frank in his expressions, and strongly imbued with a sense of his rights, and the faith of his Government,--willing to take an active part in obtaining justice, and, a deadly opponent to wrong, regardless of the active hostility that surrounded him. After relating the incidents of his voyage, and the circumstances connected with Manuel's being dragged to prison,--"Can it be possible that the law is to be carried to such an extreme?" said he, giving vent to his feelings.

"Your people seem to have a strange manner of exhibiting their hospitality," said the Captain, in reply.

"That is true; but it will not do to appeal to the officials." Thus saying, the consul prepared the certificate, and putting on his hat, repaired to the jail. Here he questioned Manuel upon the circumstances of his arrest, his birthplace, and several other things. "I am not sure that I can get you out, Manuel, but I will do my best; the circumstances of your being driven in here in distress will warrant some consideration in your case; yet the feeling is not favorable, and we cannot expect much."

From thence he proceeded to the office of Mr. Grimshaw, where he met that functionary, seated in all the dignity of his office.

"Good morning, Mr. Consul. Another of your darkies in my place, this morning," said Mr. Grimshaw.

"Yes; it is upon that business I have called to see you. I think you could not have considered the condition of this man, nor his rights, or you would not have imprisoned him. Is there no way by which I can relieve him?" inquired the consul, expecting little at his hands, but venturing the effort.

"Sir! I never do any thing inconsistent with my office. The law gives me power in these cases, and I exercise it according to my judgment. It makes no exceptions for shipwrecks, and I feel that you have no right to question me in the premises. It's contrary to law to bring niggers here; and if you can show that he is a white man, there's the law; but you must await its process."

"But do you not make exceptions?" inquired the consul. "I do not wish to seek his relief by process of law; that would increase expense and delay. I have made the request as a favor; if you cannot consider it in that light, I can only say my expectations are disappointed. But how is it that the man was abused by your officers before he was committed?"

"Those are things I've nothing to do with; they are between the officers and your niggers. If they are stubborn, the officers must use force, and we have a right to iron the whole of them. Your niggers give more trouble than our own, and are a set of unruly fellows. We give 'em advantages which they don't deserve, in allowing them the yard at certain hours of the day. You Englishmen are never satisfied with any thing we do," returned Mr. Grimshaw, with indifference, appearing to satisfy himself that the law gave him the right to do what he pleased in the premises. There seemed but one idea in his head, so far as niggers were concerned, nor could any mode of reasoning arouse him: to a consideration of any extenuating circumstances. A nigger was a nigger with him, whether white or black-a creature for hog, homony, and servitude.

"I expected little and got nothing. I might have anticipated it, knowing the fees you make by imprisonment. I shall seek relief for the man through a higher tribunal, and I shall seek redress for the repeated abuses inflicted upon these men by your officers," said the consul, turning to the door.

"You can do that, sir," said Mr. Grimshaw; "but you must remember that it will require white evidence to substantiate the charge. We don't take the testimony of your niggers."

Just as the consul left the office, he met Colonel S--entering. The colonel always manifested a readiness to relieve the many cases of oppression and persecution arising from bad laws and abused official duty. He had called upon Mr. Grimshaw on the morning of the arrest, and received from him an assurance that the case would be considered, the most favorable construction given to it, and every thing done for the man that was in his power. Notwithstanding this to show how far confidence could be put in such assurances, we have only to inform the reader that he had despatched the officers an hour previously.

The colonel knew his man, and felt no hesitation at speaking his mind. Stepping up to him, "Mr. Grimshaw," said he, "how do you reconcile your statement and assurances to me this morning with your subsequent conduct?"

"That's my business. I act for the State, and not for you. Are you counsel for these niggers, that you are so anxious to set them at liberty among our slaves? You seem to have more interest in it than that interfering consul. Just let these Yankee niggers and British niggers out to-night, and we'd have another insurrection before morning; it's better to prevent than cure," said Grimshaw.

"The only insurrection would have been in your heart, for the loss of fees. If you did not intend what you said, why did you deceive me with such statements? I know the feelings of our people, as well as I do yours for caging people within that jail. Upon that, I intimated to the Captain what I thought would be the probable result, and this morning I proceeded to his vessel to reassure him, upon your statement. Imagine my mortification when he informed me that his steward had been dragged off to jail early in the morning, and that those two ruffians whom you disgrace the community with, behaved in the most outrageous manner. It is in your power to relieve this man, and I ask it as a favor, and on behalf of what I know to be the feelings of the citizens of Charleston."

"Your request, colonel," said Mr. Grimshaw, with a little more complacency, "is too much in the shape of a demand. There's no discretion left me by the State, and if you have a power superior to that, you better pay the expenses of the nigger, and take the management into your own hands. I never allow this trifling philanthropy about niggers to disturb me. I could never follow out the laws of the State and practise it; and you better not burden yourself with it, or your successors may suffer for adequate means to support themselves. Now, sir, take my advice. It's contrary to law for them niggers to come here; you know our laws cannot be violated. South Carolina has a great interest at stake in maintaining the reputation of her laws. Don't excite the nigger's anxiety, and he'll be better off in jail than he would running about among the wenches. He won't have luxuries, but we'll make him comfortable, and he must suit his habits to our way of living. We must not set a bad example before our own niggers; the whiter they are the worse they are. They struggle for their existence now, and think they're above observing our nigger laws. We want to get rid of them, and you know it," returned Grimshaw.

"Yes; I know it too well, for I have had too many cases to protect them from being 'run off' and sold in the New Orleans market. But when you speak of white niggers, I suppose you mean our brightest; I dispute your assertion, and point you to my proof in the many men of wealth among them now pursuing their occupations in our city. Can you set an example more praiseworthy? And notwithstanding they are imposed upon by taxes, and many of our whites take the advantage of law to withhold the payment of debts contracted with them, they make no complaint. They are subject to the same law that restricts the blackest slave. Where is the white man that would not have yielded under such inequality? No! Mr. Grimshaw, I am as true a Southerner-born and bred-as you are; but I have the interests of these men at heart, because I know they are with us, and their interests and feelings are identical with our own. They are Native Americans by birth and blood, and we have no right to dispossess them by law of what we have given them by blood. We destroy their feelings by despoiling them of their rights, and by it we weaken our own cause. Give them the same rights and privileges that we extend to that miserable class of foreigners who are spreading pestilence and death over our social institutions, and we would have nothing to fear from them, but rather find them our strongest protectors. I want to see a law taking from that class of men the power to lord it over and abuse them."

A friend, who has resided several years in Charleston, strong in his feelings of Southern rights, and whose keen observation could not fail to detect the working of different phases of the slave institution, informed us that he had conversed with a great many very intelligent and enterprising men belonging to that large class of "bright" men in Charleston, and that which appeared to pain them most was the manner they were treated by foreigners of the lowest class; that rights which they had inherited by birth and blood were taken away from them; that, being subjected to the same law which governed the most abject slave, every construction of it went to degrade them, while it gave supreme power to the most degraded white to impose upon them, and exercise his vindictive feelings toward them; that no consideration being given to circumstances, the least deviation from the police regulations made to govern negroes, was taken advantage of by the petty guardmen, who either extorted a fee to release them, or dragged them to the police-office, where their oath was nothing, even if supported by testimony of their own color; but the guardman's word was taken as positive proof. Thus the laws of South Carolina forced them to be what their feelings revolted at. And I want to see another making it a penal offence for those men holding slaves for breeding purposes. Another, which humanity calls for louder than any other, is one to regulate their food, punish these grievous cases of starvation, and make the offender suffer for withholding proper rations.

"Well-pretty well!" said Grimshaw, snapping his fingers very significantly. "You seem to enjoy the independence of your own opinion, colonel. Just prove this nigger's a white, and I'll give you a release for him, after paying the fees. You better move to Massachusetts, and preach that doctrine to William Lloyd Garrison and Abby Kelly."

"Give me none of your impudence, or your low insults. You may protect yourself from personal danger by your own consciousness that you are beneath the laws of honor; but that will not save you from what you deserve, if you repeat your language. Our moderation is our protection, while such unwise restrictions as you would enforce, fan the flame of danger to our own households," said the colonel, evidently yielding to his impulses; while Mr. Grimshaw sat trembling, and began to make a slender apology, saying that the language was forced upon him, because the colonel had overstepped the bounds of propriety in his demands.

"I'm somewhat astonished at your demand, colonel, for you don't seem to comprehend the law, and the imperative manner in which I'm bound to carry it out. Shipowners should get white stewards, if they want to avoid all this difficulty. I know the nature of the case, but we can't be accountable for storms, shipwrecks, old vessels, and all these things. I'll go and see the fellow to-morrow, and tell the jailer-he's a pattern of kindness, and that's why I got him for jailer-to give him good rations and keep his room clean," said Grimshaw, getting up and looking among some old books that lay on a dusty shelf. At length he found the one, and drawing it forth, commenced brushing the dust from it with a dust-brush, and turning his tobacco-quid. After brushing the old book for a length of time, he gave it a scientific wipe with his coat-sleeve, again sat down, and commenced turning over its pages.

"It's in here, somewhere," said he, wetting his finger and thumb at every turn.

"What's in there, pray? You don't think I've practised at the Charleston bar all my life without knowing a law which has called up so many questions?" inquired the colonel.

"Why, the act and the amendments. I believe this is the right one. I a'n't practised so long, that I reckon I've lost the run of the appendix and everything else," adding another stream of tobacco-spit to the puddle on the floor.

"That's better thought than said. Perhaps you'd better get a schoolboy to keep his finger on it," continued the colonel, laconically.

"Well, well; but I must find it and refresh your memory. Ah! here it is, and it's just as binding on me as it can be. There's no mistake about it-it's genuine South Carolina, perfectly aboveboard." Thus saying, he commenced reading to the colonel as if he was about to instruct a schoolboy in his rudiments. "Here it is-a very pretty specimen of enlightened legislation-born in the lap of freedom, cradled in a land of universal rights, and enforced by the strong arm of South Carolina."

"An Act for the better regulation and government of free negroes and persons of color, and for other purposes," &c. &c. &c., Mr. Grimshaw read; but as the two first sections are really a disgrace to the delegated powers of man, in their aim to oppress the man of color, we prefer to pass to the third section, and follow Mr. Grimshaw as he reads:--

"That if any vessel shall come into any port or harbor of this State, (South Carolina,) from any other State or foreign port, having on board any free negroes or persons of color, as cooks, stewards, or mariners, or in any other employment on board said vessel, such free negroes or persons of color shall be liable to be seized and confined in jail until said vessel shall clear out and depart from this State; and that when said vessel is ready to sail, the captain of said vessel shall be bound to carry away the said free negro or person of color, and pay the expenses of detention; and in case of his refusal or neglect to do so, he shall be liable to be indicted, and, on conviction thereof, shall be fined in a sum not less than one thousand dollars, and imprisoned not less than two months; and such free negroes or persons of color shall be deemed and taken as absolute slaves, and sold in conformity to the provisions of the act passed on the twentieth day of December, one thousand eight hundred and twenty aforesaid.'"

Mr. Grimshaw's coolness in the matter became so intolerable, that the colonel could stand it no longer; so, getting up while Mr. Grimshaw was reading the law, he left the office, perfectly satisfied that further endeavors at that source would be fruitless.

After Mr. Grimshaw had concluded, he looked up, perfectly amazed to find that he was enjoying the reading of the act to himself. "Had I not given it all the consideration of my power, and seen the correctness of the law, I should not have given so much importance to my opinion. But there it is, all in that section of the Act, and they can't find no convention in the world to control the Legislature of South Carolina. There's my principles, and all the Englishmen and Abolitionists in Christendom wouldn't change me. Now, I've the power, and let 'em get the nigger out of my place, if they can," said Grimshaw, shutting the book, kicking a good-sized, peaceable-looking dog that lay under the table, and deliberately taking his hat and walking into the street.

Here is an Act, bearing on its face the arrogant will of South Carolina, setting aside all constitutional rights, and denying the validity of stipulations made by the United States in her general commercial laws. She asserts her right to disregard citizenship, to make criminals of colored men, because they are colored, and to sell them for slaves to pay the expenses which she had incurred to make them such. And what is still worse, is, that the exercise of this misconceived and unjust law is so unrelentingly enforced, and so abused by those who carry it out.

During this time the consul had been unremitting in his endeavors to procure the man's release. The mayor had no power in the premises; the attorney-general was not positive in regard to the extent of his power in such a case, though he admitted the case to be an aggravated one; the judges could only recognise him as a nigger, consequently must govern their proceedings by legislative acts. Upon the whole, he found that he was wasting his time, for while they all talked sympathy, they acted tyranny. Cold, measured words about niggers, "contrary to law," constitutional rights, inviolable laws, State sovereignty and secession, the necessary police regulations to protect a peculiar institution, and their right to enforce them, everywhere greeted his ears. There was about as much in it to relieve Manuel, as there would have been had a little bird perched upon the prison-wall and warbled its song of love to him while strongly secured in his cell-more tantalizing because he could hear the notes, but not see the songster.

Notwithstanding the commendable energy of the consul, he had the satisfaction of knowing that several very improbable reports touching his course, and construing it into an interference with the institution of slavery, had been widely circulated, and were creating a feeling against him among a certain class of "fire-eating" secessionists. He was too well aware of the source from which they originated to awaken any fears, and instead of daunting his energy they only increased it, and brought to his aid the valuable services of the Hon. James L. Petigru, a gentleman of whom it is said, (notwithstanding his eminence at the bar,) that had it not been for his purity of character, his opinions in opposition to the State would have long since consigned him to a traitor's exile. The truth was-and much against Mr. Petigru's popularity in his own State-that he was a man of sound logic, practical judgment, and legal discrimination. Thus endowed with the requisite qualities of a good statesman, and pursuing a true course to create a conservative influence in the State, he failed to become popular beyond his legal sphere. Had he espoused that most popular of all doctrines in South Carolina-nullification and secession-and carried abstraction to distraction, James L. Petigru would have added another "Roman name" to that which has already passed from South Carolina's field of action.

The consul did his duty, but effected nothing; and such was the opposition manifested by the officials who were interested in the spoils of law, and politicians who could not see any thing important beyond secession, that there was no prospect of it. And, as the last resort, he appealed to the Judiciary through the "habeas corpus," the result of which we shall show in a subsequent chapter. _

Read next: Chapter 17. Little George, The Captain, And Mr. Grimshaw

Read previous: Chapter 15. The Law's Intricacy

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