Books: Manuel Pereira

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"What!" said the steward of the Charleston ship, "then you must have
known our cabin-boy, he belonged to the same vessel!"

"What was his name?" inquired Manuel.

"Tommy Ward! and as nice a little fellow as ever served the cabin;
poor little fellow, we could hardly get him across."

"Gracious! that's my Tommy," said Manuel. "Where is he? He loves me
as he does his life, and would run to me as a child would to its
father. Little as he is, he has been a friend through my severest
trials, and a companion in my pleasures."

"Ah, poor child! I'm afraid you wouldn't know him now. He has
suffered much since you saw him."

"Is he not aboard? Where can I find him?" inquired Manuel, hastily.

"No, he is not aboard; he is at the hospital in Dennison street. Go
there to-morrow, and you will find him."

CHAPTER XXX.

THE SCENE OF ANGUISH.

WE are sorry, that having traced the details of our narrative as
they occurred, without adding for dramatic effect, we are
constrained to conclude with a picture at once painful and harrowing
to the feelings. We do this that we may be sustained by records, in
what we have stated, rather than give one of those more popular
conclusions which restore happiness and relieve the reader's
feelings.

Manuel retired to his berth, full of meditation. His little
companion was before him, pictured in his child-like innocence and
playfulness. He saw him in the youthful zeal and freshness of the
night when he brought the well-laden haversack into his dreary cell,
and which kind act was repaid by a night of suffering in the
guard-house. There was too much of life and buoyancy in the picture
his imagination called up, to reconcile the belief that any thing
serious had befallen him; and yet the man spoke in a manner that
aroused the intensity of his feelings. It was a whisper full of
fearful forebodings, and filled his mind with anxious expectation.
He could not sleep-the anxiety of his feelings had awakened a
nervvous restlessness that awaited the return of morning with
impatience.

Morning came. He proceeded to the hospital and rang the bell. An
aged gentleman came to the door, and to his questions about Tommy
being there, answered in the affirmative, and called an attendant to
show him the ward in which the little sufferer lay. He followed the
attendant, and after ascending several flights of stairs and
following a dark, narrow passage nearly to its end, was shown into a
small, single-room on the right. The result was suggestive in the
very atmosphere, which had a singular effect upon the senses. The
room, newly-whitewashed, was darkened by a green curtain tacked over
the frame of the window. Standing near the window were two
wooden-stools and a little table, upon which burned the faint light
of a small taper, arranged in a cup of oil, and shedding its feeble
flickers on the evidences of a sick-chamber. There, on a little,
narrow cot, lay the death-like form of his once joyous companion,
with the old nurse sitting beside him, watching his last pulsation.
Her arm encircled his head, while his raven locks curled over his
forehead, and shadowed the beauty of innocence even in death.

"Is he there? is he there?" inquired Manuel in a low tone. At the
same time a low, gurgling noise sounded in his ears. The nurse
started to her feet as if to inquire for what he came. "He is my
companion-my companion," said Manuel.

It was enough. The woman recognised the object of the little
sufferer's anxiety. "Ah! it is Manuel. How often he has called that
name for the last week!" said she.

He ran to the bedside and grasped his little fleshless hand as it
lay upon the white sheet, bathing his cold brow with kisses of
grief. Life was gone-the spirit had winged its way to the God who
gave it. Thus closed the life of poor Tommy Ward. He died as one
resting in a calm sleep, far from the boisterous sound of the
ocean's tempest, with God's love to shield his spirit in another and
brighter world.

CONCLUSION.

IN a preceding chapter, we left the poor boy on the plantation of
Colonel Whaley, affected by a pulmonary disease, the seeds of which
were planted on the night he was confined in the guard-house, and
the signs of gradual decay evinced their symptoms. After Captain
Williams--for such was the name of the captain of the Three
Sisters--left the plantation, no person appeared to care for him, and
on the second day he was attacked with a fever, and sent to one of
the negro cabins, where an old mulatto woman took care of him and
nursed him as well as her scanty means would admit. The fever
continued for seven days, when he became convalescent and able to
walk out; but feeling that he was an incumbrance to those around
him, he packed his clothes into a little bundle and started for
Charleston on foot. He reached that city after four days' travelling
over a heavy, sandy road, subsisting upon the charity of poor
negroes, whom he found much more ready to supply his wants than the
opulent planters. One night he, was compelled to make a pillow of
his little bundle, and lay down in a corn-shed, where the planter,
aroused by the noise of his dogs, which were confined in a kennel,
came with a lantern and two negroes and discovered him. At first he
ordered him off, and threatened to set the dogs upon him if he did
not instantly comply with the order; but his miserable appearance
affected the planter, and before he had gone twenty rods one of the
negroes overtook him, and said his master had sent him to bring him
back. He returned, and the negro made him a coarse bed in his cabin,
and gave him some homony and milk.

His hopes to see Manuel had buoyed him up through every fatigue, but
when he arrived, and was informed at the jail that Manuel had left
three days before, his disappointment was extreme. A few days after
he shipped as cabin-boy on board a ship ready for sea and bound to
Liverpool. Scarcely half-way across, he was compelled to resign
himself to the sick-list. The disease had struck deep into his
system, and was rapidly wasting him away. The sailors, one by one in
turns, watched over him with tenderness and care. As soon as the
ship arrived, he was sent to the hospital, and there he breathed his
last as Manuel entered the sick-chamber. We leave Manuel and a few
of his shipmates following his remains to the last resting-place of
man.

APPENDIX.

SINCE the foregoing was written, Governor Means, in his message to
the Legislature of South Carolina, refers to the laws under which
"colored seamen" are imprisoned. We make the subjoined extract,
showing that he insists upon its being continued in force, on the
ground of "self-preservation"--a right which ship-owners will please
regard for the protection of their own interests:--

"I feel it my duty to call your attention to certain proceedings
which have grown out of the enforcement of that law of our State
which requires the Sheriff of Charleston to seize and imprison
colored seamen who are brought to that port. You will remember that
the British Consul addressed a communication to the legislature in
December, 1850, on the subject of a modification of this law. A
committee was appointed by the House and Senate to report upon it at
the next session of the legislature. These committees reported
adverse to any modification. On the 24th March, 1852, Manuel Pereira
was imprisoned in accordance with the law alluded to. The vessel in
which he sailed was driven into the port of Charleston in distress.
This was looked upon as a favorable case upon which to make an
issue, as so strong an element of sympathy was connected with it.
Accordingly, a motion was made before Judge Withers for a writ of
'habeas corpus,' which was refused by him. These proceedings were
instituted by the British Consul, it is said, under instructions
from his government, to test the constitutionality of the Act. I
think it here proper to state, that Pereira was at perfect liberty
to depart at any moment that he could get a vessel to transport him
beyond the limits of the State. In truth, in consideration of the
fact that his coming into the State was involuntary, the Sheriff of
Charleston, with his characteristic kindness, procured for him a
place in a ship about to sail for Liverpool. Early in April, Pereira
was actually released, and on his way to the ship, having himself
signed the shipping articles, when, by interposition of the British
Consul, he was again consigned to the custody of the sheriff. A few
days after this, the British Consul insisted no longer on his
detention, but voluntarily paid his passage to New York. This was
looked upon as an abandonment of that case. The statement of Mr.
Yates, together with the letter of the British Consul, are herewith
transmitted.

"While these proceedings were pending, the Sheriff of Charleston had
my instructions not to give up the prisoners even if a writ of
habeas corpus had been granted. I considered that the 'Act of 1844,'
entitled, 'An Act more effectually to prevent negroes and other
persons of color from entering into this State, and for other
purposes,' made it my duty to do so.

"On the 19th May, Reuben Roberts, a colored seaman, a native of
Nassau, arrived in the steamer Clyde, from Baracoa. The Sheriff of
Charleston, in conformity with the law of the State, which has been
in force since 1823, arrested and lodged him in the district jail,
where he was detained until the 26th of May, when, the Clyde being
ready to sail, Roberts was put on board, and sailed the same day.

"On the 9th of June, a writ in trespass, for assault and false
imprisonment, from the Federal Court, was served upon Sheriff Yates,
laying the damage at $4000.

"The Act of 1844, I take it, was intended to prevent all
interference on the part of any power on the face of the earth, with
the execution of this police regulation, which is so essential to
the peace and safety of our community. Had the legislature which
passed it ever dreamed that the sheriff was to be subjected to the
annoyance of being dragged before the Federal Court for doing his
duty under a law of the State, I am sure it would have provided for
his protection. As no such provision has been made for so unexpected
a contingency, I recommend that you so amend this Act of 1844, that
it may meet any case that may arise.

"It is certainly wrong to tolerate this interference with the laws
enacted for the protection of our institution. In the general
distribution of power between the Federal and State Governments, the
right to make their own police regulations was clearly reserved to
the States. In fact, it is nothing more nor less than the right of
self-preservation-a right which is above all constitutions, and
above all laws, and one which never was, nor never will be,
abandoned by a people who are worthy to be free. It is a right which
has never yet been attempted to be denied to any people, except to
us.

"The complaint against this law is very strange, and the attempt to
bring us in conflict with the General Government on account of it,
is still more remarkable; when, so far from its being at variance
with the laws of the United States, it is only requiring the State
authorities to enforce an Act of Congress, approved February 28th,
1803, entitled, An Act to prevent the importation of certain persons
into certain States, where, by the laws thereof, their importation
is prohibited. By referring to this Act, you will see that the
plaintiff in the action alluded to was prohibited by it from
entering into this State. I deem it unnecessary, however, to enter
fully into the argument. If any doubt should be entertained by you,
as to its constitutionality, I beg leave to refer to the able
opinion of the Hon. J. McPherson Berrien, delivered at the time he
was Attorney-General of the United States, which I herewith send
you.

"On the subject of the modification of this law, I am free to say,
that when Her B. M.'s Government, through its consul, made a
respectful request to our legislature to that effect, I was anxious
that it should be made. It was with pleasure that I transmitted his
first communication to the last legislature. I would have made a
recommendation of its modification a special point in my first
message, but that I thought it indelicate to do so, as the matter
was already before the legislature, and committees had been
appointed to report upon it. Another reason for the neglect of this
recommendation, was the then excited state of party politics, which
might have precluded the possibility of a calm consideration of the
subject. But for the proceedings instituted in the premises, I would
even now recommend a modification of the law, so as to require
captains to confine their colored seamen to their vessels, and to
prevent their landing under heavy penalties. For while I think the
State has a perfect right to pass whatever laws on this subject it
may deem necessary for its safety, yet the spirit of the age
requires that while they should be so formed as to be adequate to
our protection, they should be at the same time as little offensive
as possible to other nations with whom we have friendly relations.
But since an attempt has been made to defy our laws, and bring us in
conflict with the Federal Government, on a subject upon which we are
so justly sensitive, our own self-respect demands that we should not
abate one jot or tittle of that law, which was enacted to protect us
from the influence of ignorant incendiaries."

We are under many obligations to Governor Means for his remarks upon
this subject. We esteem his character too highly to entertain an
idea that he would knowingly make an incorrect statement; but, with
a knowledge of the facts, we can assure him that he was misled by
those whom he depended upon for information. And also, though his
name deserves to stand pre-eminent among the good men of Carolina,
for recurring to that frightful state of things which exists in the
Charleston prison, that he did not receive a correct statement in
regard to it. In this want, his remarks lose much of their value.
Subjects and grievances exist there which he should know most of,
and yet he knows least, because he intrusts them to the caretakers,
who make abuses their medium of profit.

Under the influence of that exceedingly suspicious, and yet
exceedingly credulous characteristic of a people, few know the power
that is working beneath the sunshine of South Carolina, and those
who do, stand upon that slaveworn ostentation which considers it
beneath notice.

We have no interest nor feeling beyond that of humanity, and a right
to expose the mendacity of those who have power to exercise it over
the prisoners in Charleston. That mendacity has existed too long for
the honor of that community, and for the feelings of those who have
suffered under it.

It may be true that this case was considered a favorable one to try
the issue upon, but no elements of sympathy were sought by the
consul. That functionary to whom the Governor has attributed
"characteristic kindness," said, in our presence, and we have the
testimony of others to confirm what we say, that if Judge Withers
had granted the habeas corpus, he would not have given up the
prisoner, but rather gone to jail and suffered the same regimen with
the prisoners. Had he tried the accommodations, he would have found
the "profits" more than necessary to appease common hunger.

The Governor says, "Pereira was at liberty to depart at any moment
that he could get a vessel to transport him beyond the limits of the
State." How are we to reconcile this with the following sentence,
which appears in the next paragraph:--"While these proceedings were
pending," (meaning the action instituted by the consul to release
the prisoner,) "the sheriff of Charleston had my instructions not to
give up the prisoner, even if a writ of habeas corpus had been
granted?" According to this, the sheriff assumed a power independent
of and above the Governor's prerogative. We have attempted to
picture the force of this in our work, and to show that there are
official abuses cloaked by an honorable dishonesty, which dignifies
the business of the local factor and vendor of human property, and
which should be stayed by the power of the Executive.

The singular fact presents itself, that while Judge Withers was
deliberating upon the question of granting the "habeas corpus," the
proceedings pending, and the Governor's instructions to the contrary
before him, the sheriff takes it upon himself to smuggle the
prisoner out of port. Now what was the object of this Secret and
concerted movement? Was it "kindness" on the part of that
functionary, who has grasped every pretence to enforce this law? We
think not. The reader will not require any extended comments from us
to explain the motive; yet we witnessed it, and cannot leave it
without a few remarks.

It is well known that it has been the aim of that functionary, whose
"characteristic kindness" has not failed to escape the Governor's
notice, to thwart the consul in all his proceedings. In this
instance, he engaged the services of a "shipping master" as a
pretext, and with him was about to send the man away when his
presence was essential to test his right to the habeas corpus, and
at this very time, more than two months wages, due him from the
owners, lay in the hands of the consul, ready to be paid on his
release.

The nefarious design speaks for itself.

The consul was informed of the proceeding, and very properly refused
to submit to such a violation of authority, intended to annul his
proceedings. He preferred to await the "test," demanding the
prisoner's release through the proper authorities. That release,
instead of being "a few days after this," as the message sets forth,
was-not effected until the fifteenth of May.

Let the Governor institute an inquiry into the treatment of these
men by the officials, and the prison regimen, and he will find the
truth of what we have said. Public opinion will not credit his award
of "characteristic kindness" to those who set up a paltry pretext as
an apology for their wrong-doing.

If men are to be imprisoned upon this singular construction of law,
(which is no less than arming the fears of South Carolina,) is it
any more than just to ask that she should pay for it, instead of
imposing it upon innocent persons? Or, to say the least, to make
such comfortable provision for them as is made in the port of
Savannah, and give them what they pay for, instead of charging
thirty cents a day for their board, and making twenty-two of that
profit?

Had the Governor referred to the "characteristic kindness" of the
jailer, his remarks would have been bestowed upon a worthy man, who
has been a father to those unfortunates who chanced within the turn
of his key.

In another part of his message, commenting upon the existence of
disgraceful criminal laws, the management and wretched state of
prisons, he says, "The attorney-general, at my request, has drawn up
a report on the subject of prisons and prison discipline." Now, if
such were the facts, the reports would be very imperfect to be drawn
up by one who never visits the prisons.

We are well aware that he called for this report, and further, that
the attorney-general, in a letter to the sheriff, (of which we have
a copy,) propounded numerous questions in regard to the jail,
calling for a statement in full, particularly the amount of fees
paid to certain functionaries; those charged to the State, and the
average number of prisoners per month, from Sept. 1851, to Sept.
1852, &c. &c. That letter was transmitted to the jailer-a man whose
character and integrity is well known, and above reproach in
Charleston-with a request that he would make out his report. He drew
up his report in accordance with the calendar and the facts, but
that report was not submitted. Why was it not submitted? Simply
because it showed the profit of starving men in South Carolina
prisons.

We have the evidence in our possession, and can show the Executive
that he has been misled. We only ask him to call for the original
statement, made out in the jailer's handwriting, and compare it with
the calendar; and when he has done that, let us ask, Why the average
of prisoners per month does not correspond? and why the enormous
amount of fees accruing from upward of fifty "colored seamen,"
imprisoned during the year, and entered upon the calendar "contrary
to law," was not included?

It is a very unhealthy state of things, to say the least; but as the
sheriff considers it his own, perhaps we have no right to meddle
with it.

All this clamor about the bad influence of "colored seamen" is kept
up by a set of mendicant officials who harvest upon the fees, and
falls to naught, when, at certain hours of the day during their
imprisonment, they are allowed to associate with "bad niggers,"
committed for criminal offences and sale. If their presence is
"dangerous," it certainly would be more dangerous in its connection
with criminals of the feared class.

Take away the fees--the mercantile community will not murmur, and
the official gentry will neither abuse nor trouble themselves about
enforcing the law to imprison freemen.

THE END.

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