Books: Manuel Pereira
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F. C. Adams >> Manuel Pereira
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Little Master George seemed very anxious that the Captain should
become acquainted with him, and commenced giving him a monstrous
account of his distinguished abilities. "And that's not all!" said
George; "he's not only one of the greatest characters in Charleston,
or perhaps the State, but he's a right good fellow."
We will interrupt, by informing the reader that he was one of the
good fellows-a numerous family in Charleston-who never use fine
instruments when they select their company; and pay a large amount
of worthy tribute to the liquor-dealers. There is no discriminating
latitude attached to the good-fellow family, for its members may be
found with alike gratifying inclinations, from the highest
aristocracy to the negro population.
"That, sir, is Col. S--e; belongs to one of the first families, sir.
He can beat old Pettigru all hollow; his eloquence is so thrilling
that he always reminds me of Pericles. He can beat little Thomas Y.
Simmons, Jr., all to pieces-make the best stump speech-address a
public assemblage, and rivet all their minds-can make a jury cry
quicker than any other man-can clear the worst criminal that ever
committed crime-and he's good-hearted too-can draw the most
astonishing comparisons to confound the minds of stupid jurors, and
make them believe the d--dest nonsense that ever man invented. Yes,
sir-when he makes a speech, everybody goes to hear him, for he says
what he pleases, and old Judge Withers, whose will is as arbitrary
as Julius C‘sar's, and has got the obstinacy of Tom Boyce's mule,
dar'n't attempt to control the tenor of his plea. And he can tell
the best invented story of any man in town. He cleared the villanous
Doctor Hines once upon the color of his pantaloons."
George waited impatiently for the end of the political controversy,
determined to introduce his friend to the colonel. He soon had an
opportunity, for the colonel, finding himself beset by a set of
unreasonable secessionists, made a sweeping declaration.
"Gentlemen," said he, "let me tell you a modest fact: seven-eighths
of the secession fire-eaters don't know what the proper meaning of
government is: I make the charge against my own people-but it is
true." "Traitor! traitor!--traitor to South Carolina," was sounded at
the top of a dozen voices.
"Then, if I am such in your opinions, I'm gratified to know that my
feelings are my own. Good-night!"
Thus saying, he withdrew from the party, and making his way for the
door, was saluted by George, who introduced him to his friend, the
Captain. The colonel was a very sociable, communicative man; and
taking the Captain's arm, as they walked along, entered into an
interesting conversation about his voyage and first visit to the
city, at the same time displaying his good sense in not trying to
force the great things of South Carolina into his mind.
We, a few weeks afterward, had the good fortune to hear the legal
abilities of this gentleman displayed in a plea at the bar. There
were many good points in it, which, if not legally pointed, were said
well; yet we should class him as belonging to the loud school.
The Captain, thinking it a good opportunity to make some inquiries
about his steward, as they proceeded, commenced in the following
manner:
Your laws are very stringent in South Carolina, I believe, sir!"
"Well, no sir," said the colonel, "if we except those which govern
the niggers; they of necessity must be so; we have had so many
emeutes with them, that no law can be made too strict in its
bearings. We have so many bad niggers poured in upon us, that the
whole class is becoming corrupted."
"Your laws, of course, make a distinction between good and bad
niggers, and free negroes?" interposed the Captain.
"We make no distinction between the colors-some are as white as you
are; but the grades are so complex that it would be impossible to
make a sliding-scale law for any fixed complexions. The law which
governs them is distinctive and comprehensive-made in order to
shield the white population from their ignorance of law and
evidence. We never could govern them in their respective spheres,
unless the laws were made stringent in their effect. As for the free
niggers, they're the greatest nuisance we have; it is our policy to
get rid of them, and to that end we tax them severely. The riddance
of this class of niggers would be an essential benefit to our
slaves, as upon account of their influence our negro-laws are made
more stringent. And the worst of it is that they increase faster.
But we make it a principal point to get all the free men we can
married to slaves, and the free women run off. You, that are
accustomed to the free institutions of your country, may think some
of these things singular at first; but you would soon become
accustomed to them, and would really admire them when you saw how
beautifully they worked."
"Is there no discretionary power left?" inquired the Captain. "It
must be oppressive, if carried out; Good men-whether they be white
or black-are entitled to the advantages due them; but where laws
such as you describe are carried out, a good man's evidence being
black, the intention could not be made white. Now, according to my
idea of the law of nature, a man's merits are in his moral integrity
and behaviour; therefore I should establish the rule that a good
black man was better than a bad white man, and was as much entitled
to the respect and government of law."
"Hi!--oh! Captain; it won't do to talk so in South Carolina. Just let
a nigger imagine himself as good as a white man, and all the seven
codes in Christendom wouldn't keep 'em under. Ah! you've got to
learn a thing or two about niggers yet," interrupted Master George,
before the Colonel had time to speak.
"I only speak from my observation of human nature; but I may become
better acquainted with your laws, if I remain among you," said the
Captain.
"As I have said before sir," replied the Colonel, "our nigger-laws
are such as to require a strict enforcement. If we allowed the
prerogative of a discretionary power, it would open the way to an
endless system of favoritism, just at the mercy and feelings of
those exercising it. As it is now, the white or black nigger, male
or female, gets the same law and the same penalty. We make no
distinction even at the paddle-gallows. The paddle-gallows is a
frame with two uprights, and a wrench screw at the top. The negro's
hands are secured in iron wristlets-similar to handcuffs; a rope is
then attached to an eye in these, and passing over the wrench, which
being turned, the negro is raised in an agonizing position until the
tips of his toes scarcely touch the floor. Thus suspended, with the
skin stretched to its utmost tension, it not unfrequently parts at
the first blow of the paddle. Sometimes the feet are secured, when
the effect of this modern science of demonstrating the tension of
the human body for punishment becomes more painful under the paddle.
South Carolinians deny this mode of punishment generally, and never
allow strangers to witness it. It is not, as some writers have
stated, practised in Georgia, where, we are happy to say, that so
far as punishment is conducted in a legal manner, at the jails and
prisons, it is administered in a humane manner; and instead of
turning modern barbarity into a science, as is, done in South
Carolina, a strict regard for the criminal is observed. I will
relate some singular facts connected with the strictness with which
we South Carolinians carry out our laws. And now that we are on the
spot connected with it, its associations are more forcibly impressed
on my mind. It brings with it many painful remembrances, and, were
we differently situated, I should wish the cause to be removed. But
it cannot be, and we must carry out the law without making
allowances, for in these little leniencies all those evils which
threaten the destruction of our peculiar institution creep in. In
fact, Captain, they are points of law upon which all our domestic
quietude stands; and as such, we are bound to strengthen our means
of enforcing them to the strictest letter. Our laws are founded upon
the ancient wisdom of our forefathers, and South Carolina has never
traduced herself or injured her legal purity. We have reduced our
system almost to a practical science, so complete in its bearings
and points of government as to be worthy the highest and noblest
purposes of our country. And at the same time, such is the spirit
and magnanimity of our people, that in framing laws to guard against
the dangerous influences of that wing of our country that spreads
its ambitious fallacies--its tempting attractions-shallow criticisms
upon minute and isolated cases-redundant theories without measure or
observation, and making a standard for the government of slaves upon
foolish and capricious prejudices, we have been careful to preserve
a conservative moderation toward the slave. But, to my remarks."
The party had now arrived opposite to what was formerly known as
Jones's Hotel, where the Colonel made a halt to relate the singular
case that had pained his feelings, though he held very tenaciously
to the law as it was, because he believed strongly in the wisdom of
the South Carolina judiciary.
"Our first and great object is to prevent the interchange of
sentiment between our domestic niggers, whether bond or free, and
niggers who reside abroad or have left our State; To do this, it
became imperative to establish a law prohibiting free negroes from
coming into the State, and those in the State from going out, under
penalty of imprisonment and fine, if they returned. The penalty
amounted to sale upon a peon form; and subjected the offender to the
slave system in a manner that he seldom retrieved himself. You will
observe, Captain, the penalty is not desired by our people, the
object being to prevent them from returning, and as such it must
be taken in the spirit of its origin. Another very wise provision
was made by our legislators, and which has prevented a great deal of
suffering on the part of the slave. A few years ago, our wise
legislature made a law to revert the power of emancipation from the
board of magistrates where it had been very much abused, to the
House itself. And such is the law at the present day, that no master
can give his slaves their freedom, except by special act of the
legislature, and that with such a multiplicity of provisions and
conditions that few even attempt it. But I'm about to refer to cases
in which some modification might be said to have been necessary,
because in them are embodied the worst germs for abolition
speculation.
"That, Captain, is Jones's Hotel," said the Colonel, pointing to an
odd-looking house of antique and mixed architecture, with a large
convex window above the hall-entrance, in the second story. This
house is situated in Broad street, next to the aristocratic St.
Michael's Church, one of the most public places in the city. "In
years past, that house was kept by Jones, a free nigger. Jones was
almost white, a fine portly-looking man, active, enterprising,
intelligent, honest to the letter, and whose integrity and
responsibility was never doubted. He lived in every way like a white
man, and, I think, with few exceptions, never kept company with even
bright folks. His house was unquestionably the best in the city, and
had a widespread reputation. Few persons of note ever visited
Charleston without putting up at Jones's, where they found, not only
the comforts of a private house, but a table spread with every
luxury that the county afforded. The Governor always put up at
Jones's; and when you were travelling abroad, strangers would speak
of the sumptuous fare at Jones's in Charleston, and the elegance and
correctness of his house. But if his house and fare were the boast
of Carolinians, and the remark of strangers, his civility and
courteous attention could not be outdone. Jones continued in the
popularity of his house for many years, reared a beautiful,
intelligent, and interesting family; at the same time accumulated
about forty thousand dollars. The most interesting part of his
family was three beautiful daughters, the eldest of whom was married
to a person now in New York. She was fairer than seven-eighths of
those ladies who term themselves aristocracy in Charleston, and
promenade King street in the afternoon.
"She removed to New York with her husband, who now resides in that
city, engaged in lucrative and respectable business. A short time
after, her second sister-not dreaming that the law would be so
stringent as to class her with the lowest nigger, or even lay its
painful bearings at her door; for the family were very high-minded,
and would have considered themselves grossly insulted to have the
opprobrious name of nigger applied to them-paid her a visit. The
public became acquainted with the fact, and to his surprise, Jones
was informed by authority that upon no condition could she be
allowed to return-that the law was imperative, and no consideration
could be given to the circumstances, for such would be virtually
destroying its validity, and furnishing a precedent that would be
followed by innumerable cases. In spite of all the remonstrances
which Jones could set forth, and the influence of several friends of
high standing, he was compelled to relinquish all hope of his
daughter's being allowed to return to the family. The reasoning set
forth had every plausibility; but such is our respect for the law,
that we were compelled to forego our hospitality, and maintain it,
even though the case was painful to our feelings. Thus, you see, we
maintain the point and spirit of the law above every thing else.
"But the end is not here! A few years after this, Jones received a
letter, that his daughter was very sick and not expected to
live-accompanied with a desire to have the last soothing comfort of
seeing her parents. Jones being an affectionate man, and dotingly
fond of his children, without regarding the former admonition,
immediately prepared himself, and left in disguise for New York.
Mature consideration would have convinced him of the error of one so
well known as himself trying to elude recognition.
"His son-in-law, Lee, a noble fellow, kept the house, and when Jones
was inquired for, it was reported that he was confined to his room.
It would have been well if Jones had kept himself secluded in New
York; but he was recognised by a Charlestonian, and, as such reports
have uncommon wings, the news of it soon reached the authorities;
when a mandate was issued accordingly, and Jones subjected to the
fate of his daughter. There are many painful circumstances connected
with the affair, which, if well told, would make quite a romance,"
said the Colonel, all of which the Captain listened to with profound
attention. "His family all moved to New York, and his affairs were
put into the hands of attorneys here, for settlement, by his son-
in-law, who continued the business for some years."
"Of course he got his property restored to him?" interrupted the
Captain.
"Most certainly, Captain! The spirit of justice is coequal with that
of honorable law, in South Carolina," said George, anxious to
relieve the Colonel of the answer.
"It is somewhat difficult to settle a man's business by legal
process when the principal is not present. The law's delay and
lawyers' spoils make time hallowed and costly," said the Captain.
"You're right there, Captain," said the Colonel; "and I doubt-to
speak honestly-whether Jones ever got much of his property. There's
a good many stories told, and a great deal of mystery about it
that's got to be explained to my mind. But you're a stranger,
Captain, and it would not be interesting to the feelings of a
Scotchman. I may give you the details more minutely at some future
day."
"Why, Colonel!" said George, "you should be considerate in your
statements. Remember the immense difficulty that has attended
Jones's affairs-they're not all settled yet."
"True, George; and I'm afraid they never will be;--but there are
some very singular appearances connected with it. I mean no personal
disrespect toward those cousins of yours who have figured in the
case. 'Tis bad to call names, but there is a mystery about a certain
member of our profession getting rich, when poor Jones declares he's
got nothing, and Lee has had to give up the house,--I don't say what
for." * * *
"Yes, strange things must be kept strangely secret in some parts of
the world, and only whispered when there's no wind," said the
Captain.
"But that's the only case, Captain," said George; "and the Colonel
was indiscreet in recounting it; for from that you may conceive
wrong impressions of the best institutions and laws in the world.
Jones was an old fool, led away by his nigger-like affections for
them gals of his. He never knew when he was well off, and always
wanted to be with white folk when he was here. 'Twould been a great
deal better if he'd let them youngest gals gone with Pingree and
Allston. They'd have made the tip-top mistresses--been kept like
ladies, and not been bothered, and brought all this trouble upon
their heads through these infernal abolitionists. I really believe
the old fool thought some white man would marry them at one time."
"What harm would there've been in that, providing they're as white
as anybody, and got plenty of money, and were handsome? There must
be a singular sensibility, that I don't understand, exerting itself
in your society," said the Captain laconically.
"Harm! You'd find out the harm. Just live in South Carolina a year
or two. 'Tisn't the fair complexion-we don't dispute that-but it's
the blood."
"Oh! then the legal objection," said the Captain, "is what is so
revolting to society, eh! It may be sown broadcast in
licentiousness, then, and custom sustains an immoral element that is
devouring the essential bond of society."
"Excuse me, Captain," interrupted the Colonel. "George, you are
always taking me upon suppositions. I only related it to the Captain
in order to show the power and integrity of our law, and how South
Carolinians frequently sacrifice their own interests to maintain it
intact. Nothing could be more fatal to its vitality than to make
provisions which would entail legal preferences. The law in regard
to free niggers leaving the State should be looked upon in the light
of protection rather than alienation, for it is made to protect
property and society. Yet where a case is attended with such
circumstances as that of Jones's, some disposition to accommodate
might have been evinced without endangering the State's sovereignty.
And I must also differ with you, George, so far as the girls
maintained their self-respect. It was commendable in them to get
husbands whom they could live with in the bonds of matrimony. My
word for it, George, though I am a Southerner, and may give rein to
improprieties at times, nothing can be more pernicious to our
society than this destructive system of our first people in keeping
mistresses. It's a source of misery at best, depending upon
expediency instead of obligation, and results in bringing forth
children and heirs with an entailed burden upon their lives, to be
disowned, cast off from paternal rights, and left to the tender
mercies of the law. We see the curse, yet countenance it-and while
it devours domestic affections and has cankered the core of social
obligations, we look upon it as a flowery garden as we pass by the
wayside.. There may be but a shadow between the rightful heir and
the doubtful son-the former may enjoy the bounty of his inheritance,
but the latter is doomed to know not his sire nor his kinsman, but
to suffer the doubts and fears and the dark gloom which broods over
a bondman's life."
"By-je-w-hu! Colonel, what in scissors are you preaching about. You
must a' got a pull too much at Bakers's. You're giving vent to real
abolition sentiments. Exercise your knowledge of the provision that
is made for such children. The Captain will certainly draw incorrect
notions about us," said George, with anxiety pictured on his
countenance. He knew the Colonel's free, open, and frank manner of
expressing himself, and feared lest the famous name of the chivalry
should suffer from his unconscious disclosures.
"Provisions! George, you know my feelings concerning that vice which
is so universally practised in our community. If you know of any
provision, it's more than I do. Perhaps you are older and have had
more experience. 'Tis the want of such a provision that is just
destroying our institution of slavery!"
At this juncture the Captain interrupted them, and begging that the
Colonel would finish the story about Jones, said he had a few
questions to ask them after it was through.
"Well," said the Colonel, "Jones died, I believe; but his family are
as industrious as ever, and have made money enough to live
comfortable; but the scamps have turned out perfect helpmates of the
abolitionists, and make their intelligence figure at the bottom of
many an escape. But Lee's case is as hard as Jones's. His son went
to New York to see his grandfather, and was debarred by the same
statute of limitations. Lee, however, was a very capable fellow, and
after trying for two years, and finding it would be impossible to
return to his father, very shrewdly set about some kind of business,
and is now largely engaged in the preserve and pickle business.
Lee's celebrated pickle and preserve establishment, New York. The
father is now in this city, making a living for his family at
something or other. He has made several efforts to sell out his
little property, but there's some trouble about the title; and if he
leaves it to go and see his son, he knows what the consequences will
be; and to leave it for settlement would be to abandon it, to the
same fate that swallowed up Jones's. Thus the son cannot come to
visit his father, nor the father go to visit the son. This, in my
opinion, is carrying a prohibition to an extreme point; and although
I believe the law should be maintained, I cannot believe that any
good arises from it upon such people as the Jones's and Lee's, from
the very fact that they never associated with niggers. Hence, where
there is no grounds for fear there can be no cause for action,"
continued the Colonel.
"Just what I wanted to know," said the Captain. "As I informed you,
I am driven into your port in distress. Charleston, as you are
aware, is in an advantageous latitude for vessels to refit that have
met with those disasters which, are frequent in the gulf and among
the Bahamas. Thus I expected to find good facilities here, without
any unkind feeling on the part of the people"--
"Oh! bless me, Captain, you will find us the most hospitable people
in the world," said the Colonel.
"But your pilot told me I would have trouble with my steward, and
that the law would make no distinction between his being cast upon
your shores in distress and subject to your sympathy, and his coming
in voluntarily."
"What!" said little George. "Is he a nigger, Captain? Old Grimshaw's
just as sure to nab him as you're a white man. He'll buy and sell a
saint for the fees, and gives such an extended construction to the
terms of the act that you need expect no special favor at his hands.
The law's no fiction with him. I'm sorry, Captain: you may judge his
conduct as an index of that of our people, and I know him so well
that I fear the consequences."
"No!" said the Captain. "My steward is a Portuguese, a sort of
mestino, and one of the best men that ever stepped foot aboard a
vessel. He is willing, intelligent, always ready to do his duty, and
is a great favorite with his shipmates, and saves his wages like a
good man-but he is olive complexion, like a Spaniard. He has sailed
under the British flag for a great many years, has been 'most all
over the world, and is as much attached to the service as if he was
a Londoner, and has got a register ticket. Nothing would pain my
feelings more than to see him in a prison, for I think he has as
proud a notion of honesty as any man I've seen, and I know he
wouldn't commit a crime that would subject him to imprisonment for
the world. The boys have been pestering the poor fellow, and telling
him about some old fellow they heard the pilot speak about, called
Norman Gadsden; they tell him if he catches him they'll sell him for
a slave."
"The question is one about which you need give yourself no concern.
Our people are not so inhuman but that they will shelter a castaway
sailor, and extend those comforts which are due from all humane
people. The act under which seamen are imprisoned is the law
provided to prohibit free niggers from entering our port, and, in my
opinion, was brought into life for the sake of the fees. It's no
more nor less than a tax and restriction upon commerce, and I doubt
whether it was ever the intention of the framers that it should be
construed in this manner. However, so far as your steward is con-
cerned, the question of how far his color will make him amenable to
the law will never be raised; the mere circumstance of his being a
seaman in distress, thrown upon our sympathies, will be all you need
among our hospitable people. I'm not aware of a precedent, but I
will guaranty his safety from a knowledge of the feelings of our
people. Our merchants are, with few exceptions, opposed to the law
in this sense, but such is the power and control of a class of
inexperienced legislators, prompted by a most trifling clique of
office-holders, that their voice has no weight. I am opposed to this
system of dragging people into courts of law upon every pretext. It
is practised too much in our city for the good of its name."
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