southern administration of justice
it is just a week since nicholas committed the heinous offence of wounding officer monsel in the arm. that distinguished personage, having been well cared for, is-to use a common phrase-about again, as fresh as ever. with nicholas the case is very different. his bruised and lacerated body, confined in an unhealthy cell, has received little care. suspicion of treachery has been raised against him; his name has become a terror throughout the city; and all his bad qualities have been magnified five-fold, while not a person can be found to say a word in praise of his good. that he always had some secret villainy in view no one for a moment doubts; that he intended to raise an insurrection among the blacks every one is quite sure; and that confession of all his forelaid evil designs may be extorted from him, the cruellest means have been resorted to.
the day upon which the trial is to take place has arrived. on the south side of broad street there stands a small wooden building, the boarding discoloured and decayed, looking as if it had been accidentally dropped between the walls of two brick buildings standing at its sides. in addition, it has the appearance of one side having been set at a higher elevation than the other for some purpose of convenience known only to its occupants. about fifteen feet high, its front possesses a plain door, painted green, two small windows much covered with dust, and a round port-hole over the door. a sheet of tin, tacked above the door, contains, in broad yellow letters, the significant names of "fetter and felsh, attorneys at law." again, on a board about the size of a shingle, hanging from a nail at the right side of the door, is "jabez fetter, magistrate." by these unmistakeable signs we feel assured of its being the department where the legal firm of fetter and felsh do their customers-that is, where they dispose of an immense amount of legal filth for which the state pays very acceptable fees. squire fetter, as he is usually called, is extremely tall and well-formed, and, though straight of person, very crooked in morals. with an oval and ruddy face, nicely trimmed whiskers, soft blue eyes, tolerably good teeth, he is considered rather a handsome man. but (to use a vulgar phrase) he is death on night orgies and nigger trials. he may be seen any day of the week, about twelve o'clock, standing his long figure in the door of his legal domicile, his hat touching the sill, looking up and then down the street, as if waiting the arrival of a victim upon whom to pronounce one of his awful judgments. felsh is a different species of person, being a short, stunted man, with a flat, inexpressive face. he has very much the appearance of a man who had been clumsily thrown together for any purpose future circumstances might require. between these worthies and one hanz von vickeinsteighner there has long existed a business connection, which is now being transferred into a fraternity of good fellowship. hanz von vickeinsteighner keeps a small grocery, a few doors below: that is, von, in a place scarcely large enough to turn his fat sides without coming in contact with the counter, sells onions, lager-beer, and whiskey; the last-named article is sure to be very bad, inasmuch as his customers are principally negroes. von is considered a very clever fellow, never a very bad citizen, and always on terms of politeness with a great many squires, and other members of the legal profession. a perfect picture of the good-natured dutchman is von, as seen standing his square sides in his doorway, stripped to his sleeves, his red cap tipped aside, a crooked grin on his broad fat face, and his hands thrust beneath a white apron into his nether pockets. von has a great relish for squires and police officers, esteems them the salt of all good, nor ever charges them a cent for his best-brewed lager-beer. there is, however, a small matter of business in the way, which von, being rather a sharp logician, thinks it quite as well to reconcile with beer. the picture is complete, when of a morning, some exciting negro case being about to be brought forward, fetter and von may be seen, as before described, standing importantly easy in their respective doors; while felsh paces up and down the side-walk, seemingly in deep study. on these occasions it is generally said von makes the criminal "niggers," felsh orders them caught and brought before fletter, and fetter passes awful judgment upon them. now and then, felsh will prosecute on behalf of the state, for which that generous embodiment of bad law is debtor the fees.
the city clock has struck twelve; fetter stands in his doorway, his countenance wearing an air of great seriousness. felsh saunters at the outside, now and then making some legal remark on a point of the negro statutes, and at every turn casting his bleared eye up the street. presently, nicholas is seen, his hands pinioned, and a heavy chain about his neck, approaching between two officials. a crowd follows; among it are several patriotic persons who evince an inclination to wrest him from the officials, that they may, according to judge lynch's much-used privileges, wreak their vengeance in a summary manner. "the boy nicholas is to be tried to- day!" has rung through the city: curious lookers-on begin to assemble round the squire's office, and hanz von vickeinsteighner is in great good humour at the prospect of a profitable day at his counter.
"bring the criminal in!" says squire fetter, turning into his office as nicholas is led in,--still bearing the marks of rough usage. rows of board seats stretch across the little nook, which is about sixteen feet wide by twenty long, the floor seeming on the verge of giving way under its professional burden. the plaster hangs in broken flakes from the walls, which are exceedingly dingy, and decorated with festoons of melancholy cobwebs. at the farther end is an antique book-case of pine slats, on which are promiscuously thrown sundry venerable-looking works on law, papers, writs, specimens of minerals, branches of coral, aligators' teeth, several ship's blocks, and a bit of damaged fishing-tackle. this is felsh's repository of antique collections; what many of them have to do with his rough pursuit of the learned profession we leave to the reader's discrimination. it has been intimated by several waggishly-inclined gentlemen, that a valuable record of all the disobedient "niggers" fetter had condemned to be hung might be found among this confused collection of antiquities. a deal table, covered with a varnished cloth, standing on the right side of the room, and beside which a ponderous arm-chair is raised a few inches, forms fetter's tribune. hanging from the wall, close behind this, is a powder-horn and flask, several old swords, a military hat somewhat broken, and sundry other indescribable things, enough to make one's head ache to contemplate.
the office is become crowded to excess, the prisoner (his hands unpinioned, but the heavy chain still about his neck!) is placed in a wooden box fronting the squire's table, as a constable is ordered to close the court. it is quite evident that fetter has been taking a little too much on the previous night; but, being a "first-rate drinker," his friends find an apology in the arduousness of his legal duties. in answer to a question from felsh, who has been looking at the prisoner somewhat compassionately, the serving constable says two of the jury of "freeholders" he has summoned have not yet made their appearance. fetter, who was about to take his seat in the great chair, and open court, politely draws forth his watch, and after addressing a few words to the persons present, on the necessity of keeping order in a court with such high functions, whispers a few words in felsh's ear, holding his hand to his mouth the while.
"maintain order in court!" says fetter, nodding his head to the official; "we will return in five minutes." soon they are seen passing into von's crooked establishment, where, joined by a number of very fashionable friends, they "take" of the "hardware" he keeps in a sly place under the counter, in a special bottle for his special customers. having taken several special glasses, fetter is much annoyed at sundry remarks made by his friends, who press round him, seeming anxious to instruct him on intricate points of the "nigger statutes." one hopes he will not let the nigger off without a jolly good hanging; another will bet his life felsh takes care of that small item, for then his claim on the state treasury will be doubled. and now, fetter finding that felsh, having imbibed rather freely of the liquid, hath somewhat diminished his brilliant faculties, will take him by the arm and return into court. with all the innate dignity of great jurists they enter their sanctum of justice, as the usher exclaims, "court! court!-hats off and cigars out!"
"jury are present?" enquires fetter, with great gravity, bowing to one side and then to the other, as he resumes his seat on the tribune.
"present, yer 'oner;" the officer answers in a deep, gruff voice, as he steps forward and places a volume of the revised statutes before that high jurist. fetter moves the book to his left, where felsh has taken his seat. with placid countenance and softest accents, fetter orders the prisoner at the bar to stand up while our constable calls the names of the jurymen.
our victim of democracy's even-handed justice obeys the summons, rising as his dark eyes flash angrily, and that hatred wrong which lurks in his bosom seems kindling anew. "james m'neilty! terrance m'quade! harry johanna! baldwin dobson! patrick henessy! be dad and i have um all now, yer 'oner," ejaculates the official, exultingly, as one by one the "nigger jurymen" respond to the call and take their seats on a wooden slab at the right of his honour, squire fetter. "you are, i may be sure, gentlemen, freeholders?" enquires his honour, with a mechanical bow. they answer simultaneously in the affirmative, and then, forming in a half circle, lay their hands on a volume of byron, which fetter makes do for a bible, and subscribe to the sacred oath felsh administers. by the giver of all good will they return a verdict according to the evidence and the facts. "gentlemen will take their seats" (the officer must preserve order in the court!) "the prisoner may also sit down," says felsh, the words falling from his lips with great gravity, as, opening the revised statutes, he rises to address the jury.
"gentlemen of the jury!"-suddenly hesitates for a moment-"the solemn duties which you are now called upon to perform" (at this moment terrance m'quade draws a small bottle from his pocket, and after helping himself to a portion of its contents passes it to his fellows, much to the surprise of the learned felsh, who hopes such indecorum will cease) "and they are duties which you owe to the safety of the state as well as to the protection of your own families, are much enhanced by the superior mental condition of the criminal before you." here mr. felsh calls for a volume of prince's digest, from which he instructs the jury upon several important points of the law made and provided for making the striking a white person by a slave or person of colour a capital offence. "your honour, too, will see the case to which i refer-'state and prudence!'" the learned gentleman extends the book, that his august eyes may have a near view.
"your word is quite sufficient, mr. felsh," returns fetter, his eyes half closed, as he waves his hand, adding that he is perfectly posted on the case cited. "page 499, i think you said?" he continues, placing his thumbs in his waistcoat armlets, with an air of indifference.
"yes, your honour," rejoins felsh, with a polite bow. his honour, ordering a glass of water mixed with a little brandy, mr. felsh continues:--"the case, gentlemen, before you, is that of the 'state v. nicholas.' this case, gentlemen, and the committal of the heinous crime for which he stands arraigned before you, has excited no small amount of interest in the city. it is one of those peculiar cases where intelligence creeps into the property interest of our noble institution-the institution of slavery-makes the property restless, disobedient to the will and commands of the master, disaffected to the slave population, and dangerous to the peace and the progress of the community. now, gentlemen" (his honour has dropped into a moderate nap-mr. felsh pauses for a moment, and touches him gently on the shoulder, as he suddenly resumes his wonted attention, much to the amusement of those assembled) "you will be told by the witnesses we shall here produce, that the culprit is an exceedingly intelligent and valuable piece of property, and as such might, even now, be made extremely valuable to his master"--mr. grabguy is in court, watching his interests!-"who paid a large sum for him, and was more than anxious to place him at the head of his manufacturing establishment, which office he was fully capable of filling. now, gentlemen-his honour will please observe this point-much as i may consider the heavy loss the master will suffer by the conviction of the prisoner, and which will doubtless be felt severely by him, i cannot help impressing upon you the necessity of overlooking the individual loss to the master, maintaining the law, and preserving the peace of the community and stability of our noble institution. that the state will only allow the master two hundred dollars for his valuable slave you have nothing to do with-you must sink that from your minds, listen to the testimony, and form your verdict in accordance with that and the law. that he is a dangerous slave, has long maintained a disobedience towards his owner, set the authorities at defiance, attempted to create an insurrection, and made a dangerous assault on a white man-which constitutes a capital offence-we shall now call witnesses to prove." the learned gentleman having finished his opening for the prosecution, sits down. after a moment's pause, he orders an attendant to bring something "to take"-"similar to the squire's!" he ejaculates, hoarsely.
"gentlemen!" says his honour, as if seized with the recollection of some important appointment, the time for which was close at hand, drawing out his watch, "call witnesses as fast as possible! the evidence in this case, i reckon, is so direct and positive, that the case can be very summarily despatched."
"i think so, too! yer 'oner," interrupts terrance m'quade, starting from his seat among the five jurors. terrance has had what in vulgar parlance is termed a "tough time" with several of his own stubborn negroes; and having already heard a deal about this very bad case, is prepared to proclaim him fit only to be hanged. his honour reminds terrance that such remarks from a juror are neither strictly legal nor in place.
the first witness called is toby, a slave of terrance m'quade, who has worked in the same shop with nicholas. toby heard him say he got his larnin' when he was young,--that his heart burned for his freedom-that he knew he was no slave by right-that some day would see him a great man; that if all those poor wretches now in slavery knew as much as he did, they would rise up, have their liberties, and proclaim justice without appealing to heaven for it!-"
"i said all that, and more!" interrupted the criminal bondman, rising quickly to his feet, and surveying those around him with a frown of contempt.
"silence! sit down!" resounds from the officer.
he will sit down, but they cannot quench the fires of his soul; they may deny him the commonest right of his manhood, but they cannot take from him the knowledge that god gave him those rights; they may mock with derision the firm mien with which he disputes the power of his oppressors, and their unjust laws, but they cannot make him less than a man in his own feelings!
his honour, squire fetter, reminds him that it were better he said nothing, sit down,--or be punished instanter. turning to felsh, who is sipping his quencher, he enquires what that gentleman means to prove by the witness toby?
"his intention to raise an insurrection, yer honour!" felsh, setting his glass aside, quickly responds, wiping his lips as he adds, "it is essentially necessary, yer honour!"
his honour, leaning forward, places the fore-finger of his right hand to his lip, and making a very learned gesture, says, "toby has said enough to establish that point."
the next witness is mr. brien calligan, a criminal in the prison, who for his good behaviour has been promoted to the honourable post of under-warden. mr. brien calligan testifies that the prisoner, while in prison, confined in a cell under his supervision, admitted that he intended to kill mr. monsel when he inflicted the wound. he must qualify this statement, however, by saying that the prisoner added he was altogether beside himself with rage.
grabguy, who has been intently watching the proceedings, suddenly springs to his feet. he would like to know if that admission was not extorted from the culprit by cruelty!
mr. brien calligan pauses a moment, looks innocently at the court, as one of the jurors suggests that quite enough evidence has already been put in to warrant a conviction. it's a pity to hang such valuable property; but, being bent on disturbing the peace of the community, what else can be done?
his honour listens with great concern to the juror's remarks, but suggests that mr. grabguy had better not interrupt the court with questions. that he has an indirect interest in the issue of the suit, not a doubt exists, but if he be not satisfied with the witness's statement, he has his remedy in the court of appeals, where, upon the ground of testimony having been elicited by coercion or cruelty, a new trial will probably be granted.
mr. grabguy would merely suggest to his honour that although sentencing a negro to be hung may be a matter of small consequence to him, yet his position in society gives him a right to be heard with proper respect. aware that he does not move in that exclusively aristocratic sphere of society awarded to lawyers in general, he is no less entitled to respect, and being a man of honour, and an alderman as well, he shall always insist on that respect.
"order, order!" demand a dozen voices. his honour's face flashing with indignation, he seizes the statutes, and rising to his feet, is about to throw them with unerring aim at the unhandsome head of the municipal functionary. a commotion here ensues. felsh is esteemed not a bad fighting man; and rising almost simultaneously, his face like a full moon peeping through a rain cloud, attempts to pacify his colleague, fetter. the court is foaming with excitement; mr. felsh is excited, the jury are excited to take a little more drink, the constables are excited, the audience are excited to amusement; messrs. fetter and felsh's court rocks with excitement: the only unexcited person present is the criminal, who looks calmly on, as if contemplating with horror the debased condition of those in whose hands an unjust law has placed his life.
as the uproar and confusion die away, and the court resumes its dignity, mr. grabguy, again asserting his position of a gentleman, says he is not ashamed to declare his conviction to be, that his honour is not in a fit state to try a "nigger" of his: in fact, the truth must be told, he would not have him sit in judgment upon his spaniel.
at this most unwarranted declaration fetter rises from his judicial chair, his feelings burning with rage, and bounds over the table at grabguy, prostrating his brother felsh, tables, benches, chairs, and everything else in his way,--making the confusion complete. several gentlemen interpose between fetter; but before he can reach grabguy, who is no small man in physical strength--which he has developed by fighting his way "through many a crowd" on election days-that municipal dignitary is ejected, sans ceremonie, into the street.
"justice to me! my honest rights, for which i laboured when he gave me no bread, would have saved him his compunction of conscience: i wanted nothing more," says nicholas, raising the side of his coarse jacket, and wiping the sweat from his brow.
"silence there!" demands an official, pointing his tipstaff, and punching him on the shoulder.
grabguy goes to his home, considering and reconsidering his own course. his heart repeats the admonition, "thou art the wrong-doer, grabguy!" it haunts his very soul; it lays bare the sources from whence the slave's troubles flow; places the seal of aggression on the state. it is a question with him, whether the state, through its laws, or messrs. fetter and felsh, through the justice meted out at their court, play the baser part.
a crowd of anxious persons have gathered about the door, making the very air resound with their shouts of derision. hans von vickeinsteighner, his fat good-natured face shining like a pumpkin on a puncheon, and his red cap dangling above the motley faces of the crowd, moves glibly about, and says they are having a right jolly good time at the law business within.
fetter, again taking his seat, apologises to the jury, to the persons present, and to his learned brother, felsh. he is very sorry for this ebullition of passion; but they may be assured it was called forth by the gross insult offered to all present. "continue the witnesses as fast as possible," he concludes, with a methodical bow.
mr. monsel steps forward: he relates the fierce attempt made upon his life; has no doubt the prisoner meant to kill him, and raise an insurrection. "it is quite enough; mr. monsel may stand down," interposes felsh, with an air of dignity.
paul vampton, an intelligent negro, next bears testimony. the criminal at the bar (paul does not believe he has a drop of negro blood in his veins) more than once told him his wife and children were sold from him, his rights stripped from him, the hopes of gaining his freedom for ever gone. having nothing to live for, he coveted death, because it was more honourable to die in defence of justice, than live the crawling slave of a tyrant's rule.
"i feel constrained to stop the case, gentlemen of the jury," interposes his honour, rising from his seat. "the evidence already adduced is more than sufficient to establish the conviction."
a juror at terrance m'quade's right, touches that gentleman on the shoulder: he had just cooled away into a nice sleep: "i think so, too, yer 'oner," rejoins terrance, in half bewilderment, starting nervously and rubbing his eyes.
a few mumbled words from his honour serve as a charge to the jury. they know the law, and have the evidence before them. "i see not, gentlemen, how you can render a verdict other than guilty; but that, let me here say, i shall leave to your more mature deliberation." with these concluding remarks his honour sips his mixture, and sits down.
gentlemen of the jury rise from their seats, and form into a circle; mr. felsh coolly turns over the leaves of the statutes; the audience mutter to themselves; the prisoner stares vacantly over the scene, as if heedless of the issue.
"guilty! it's that we've made it; and the divil a thing else we could make out of it," exclaims terrance m'quade, as they, after the mature length of two minutes' consultation, turn and face his honour. they pause for a reply.
"stand up, prisoner!"
"hats off during the sentence!" rejoins a constable.
"guilty." his honour rises to his feet with ponderous dignity to pronounce the awful sentence. "gentlemen, i must needs compliment your verdict; you could have come to no other." his honour bows gracefully to the jury, reminds gentlemen present of the solemn occasion, and will hear what the prisoner has to say for himself.
an angry frown pervades the prisoner's face. he has nothing to say. burning tears course down his cheeks; but they are not tears of contrition,--oh, no! he has no such tears to shed. firmly and resolutely he says, "guilty! guilty! yes, i am guilty-guilty by the guilty laws of a guilty land. you are powerful-i am weak; you have might-i have right. mine is not a chosen part. guilty on earth, my soul will be innocent in heaven; and before a just judge will my cause be proclaimed, before a holy tribunal my verdict received, and by angels my soul be enrolled among the righteous. your earthly law seals my lips; your black judgment-enough to make heaven frown and earth tremble, fearing justice-crushes the man; but you cannot judge the spirit. in fear and trembling your wrongs will travel broken paths-give no man rest. i am guilty with you; i am innocent in heaven. he who judgeth all things right, receives the innocent soul into his bosom; and he will offer repentance to him who takes the innocent life." he pauses, as his eye, with intense stare, rests upon his honour.
"you are through?" enquires his honour, raising his eyebrows.
"in this court of justice," firmly replies the prisoner.
"order in the court!" is echoed from several voices.
"nicholas-nicholas grabguy! the offence for which you stand convicted is one for which i might, according to the laws of the land, pronounce a more awful sentence than the one now resolved upon. but the advanced and enlightened spirit of the age calls for a more humane manner of taking life and inflicting punishments. never before has it been my lot to pass sentence-although i have pronounced the awful benediction on very many-on so valuable and intelligent a slave. i regret your master's loss as much as i sympathise with your condition; and yet i deplore the hardened and defiant spirit you yet evince. and permit me here to say, that while you manifest such an unyielding spirit there is no hope of pardon. nicholas! you have been tried before a tribunal of the land, by the laws of your state, and found guilty by a tribunal of competent men. nothing is now left for me but to pass sentence upon you in accordance with the law. the sentence of the court is, that you be taken hence to the prison from whence you came, and on this day week, at twelve o'clock, from thence to the gallows erected in the yard thereof, and there and then be hanged by the neck until you are dead; and may the lord have mercy on your soul!"
his honour, concluding nervously, orders the jury to be dismissed, and the court adjourned.
how burns the inward hate of the oppressed culprit, as mutely, his hands pinioned, and the heavy chain about his neck, he is led away to his prison-house, followed by a deriding crowd. "come that happy day, when men will cease to make their wrong fire my very blood!" he says, firmly marching to the place of death.
