The Continental Monthly, Vol. III, No. V, May, 1863

Dawsey had bought the plantation, and most of the furniture, the day before, and had said he intended to buy all of the 'prime' negroes.

As Selma concluded, Joe quietly remarked:

'He'll be disappointed in that. I allowed him the plantation and furniture, because I've no use for them; but I made him pay more than they are worth. The avails will help me through with father's debts; but not a single hand shall go into his clutches, I shall buy them myself.'

'What will you do with them?'

'I have bought a plantation near Mobile. I shall put them upon it. Joe will manage them, and I'll live there with Selly.'

'You're a splendid fellow, Joe. But it seems a pity that woman should profane your father's house.'

'Oh! there's no danger of that. I've engaged 'furnished apartments' for her elsewhere.'

'What do you mean?'

'The sheriff is asleep up stairs. He has a warrant against her for the murder of Phyllis. When she comes here in the morning, it will be served!'

CHAPTER XXV

The next morning I rose early, and strolled out to the negro quarters. At the distance of about a hundred yards from the mansion, the sun was touching the tops of about thirty canvas camps, and, near them, large numbers of horses, 'all saddled and bridled,' were picketed among the trees. Some dozens of 'natives' were littered around, asleep on the ground; and here and there a barelegged, barefooted woman was lying beside a man on a 'spring' mattress, of the kind that is supposed to have been patented in Paradise.

It was a beautiful morning in May, and one would have thought, from the appearance of the motley collection, that the whole people had 'come up to worship the Lord in their tents,' after the manner of the Israelites. The rich planter, the small farmer, the 'white trash'—all classes, had gathered to the negro sale, like crows to a feast of carrion.

A few half-awake, half-sober, russet-clad, bewhiskered 'gentry' were lighting fires under huge iron pots; but the larger portion of the 'congregation' was still wrapped in slumber.

Passing them, I knocked at the door of Ally's cabin. The family was already astir, and the various members gave me a greeting that cannot be bought now anywhere with a handful of 'greenbacks.' Boss Joe, Aggy, and old Deborah had arrived, and were quartered with Ally.

'An' 'ou wusn't a gwine ter leff massa Preston's own chile be sole widout bein' yere; wus 'ou, massa Kirke?' cried Dinah, her face beaming all over with pleasurable emotion.

'No, Dinah; and I've come here so early to tell you how much I think of you. A woman that can handle four white men as you did is fit to head an army.'

'Lor' bress 'ou, massa! dat wusn't nuffin'. I could handle a whole meetin'-house full ob sech as dem.'

'Joe, you know your master's plans, I suppose?'

'Yas, massa Kirke; he mean ter buy all de folks.'

'But can he raise money enough for the whole?'

'I reckon so. Massa Joe got a heap.'

'But don't you want to borrow some to help out your pile?'

'I'se 'bliged ter you, sar; but I reckon I doan't. I'se got nigh on ter free thousan', an' nary one'll pay more'n dat fur a ole man an' two ole wimmin.'

'I hope not.'

I remained there for a half hour, and then strolled back to the mansion. On the lawn, at the side of the house, was the auction block—the carpenter's bench which had officiated at Ally's wedding. It was approached by a flight of steps, and at one end was the salesman's stand—a high stool, in front of which was a small portable desk supported on stakes driven into the ground. Near the block was a booth fitted up for the special accommodation of thirsty buyers. The proprietor was just opening his own and his establishment's windows, and I looked in upon him. His red, bloated visage seemed familiar to me. Perceiving me, he said:

'How is ye, stranger? Hev a eye-opener?'

'I reckon not, old fellow; but I ought to know you. Your name is Tom.'

'Thomas, stranger; but Tom, fur short.'

'Well, Thomas, I thought you had taken your last drink. I saw your store was closed, as I came along.'

'Yas; th' durned 'ristocrats driv me out uv thet nigh a yar ago.'

'And where are you now?'

'Up ter Trenton. I'm doin' right smart thar. Me an' Mulock—thet used ter b'long yere—is in partenship. But war moight ye hev seed me, stranger?'

'At your store, over ten years since. I bought a woman there. You were having a turkey match at the time.'

'Oh, yas! I 'call ye now. An' th' pore gal's dead! Thet d—d Yankee 'ooman shud pull hemp fur thet.'

'Yes; but the devil seldom gets his due in this world.'

'Thet ar's a fact, stranger. Come, hev a drink; I woan't ax ye a red.'

'No, excuse me, Tom; it's before breakfast;' and, walking off, I entered the mansion.

Shortly after breakfast the people from the neighboring plantations began to gather to the sale, and, by the hour appointed for it to commence, about five hundred men and women had collected on the ground. Some were on horseback, some in carriages, but the majority were seated on the grass, or on benches improvised for the occasion.

A few minutes before the 'exercises' commenced, the negroes were marched upon the lawn. No seats had been provided for them, and they huddled together inside a small area staked off for their reception. They were of all colors and ages. Husbands and wives, parents and children, grandparents and grandchildren, aunts, uncles, and cousins, gathered in little family groups, and breathlessly awaited the stroke of the hammer which was to decide their destiny. They were all clad in their Sunday clothes, and looked clean and tidy; but on every face except Joe's was depicted an ill-defined feeling of dread and consternation. Husbands held their wives in their arms, and mothers hugged their children to their bosoms, as if they might soon part forever; but when old Joe passed among them, saying a low word to this one and the other, their cloudy visages brightened, and a heavy load seemed to roll off their hearts. Joe was as radiant as a summer morning, and walked about with a quiet dignity and unconcern that might have led one to think him the owner of the entire 'invoice of chattels.'

As the auctioneer—a spruce importation from Newbern—mounted the bench, a splendid carriage, drawn by two magnificent grays, and driven by a darky in livery, made its way through the crowd, and drew up opposite the stand. In it were Dawsey and his wife!

The salesman's hammer came down. 'Gentlemen and ladies,' he said, 'the sale has commenced. I am about to offer you one hundred and sixty-one likely negro men and women, belonging to the estate of Robert Preston, Esq., deceased. Each one will be particularly described when put up, and all will be warranted as represented. They will be sold in families; that is, husbands and wives, and parents and young children, will not be separated. The terms are, one quarter cash, the balance in one year, secured by an approved indorsed note. Persons having claims against the estate will be allowed to pay by authenticated accounts and duebills. The first lot I shall offer you will be the mulatto man Joe and his wife Agnes. Joe is known through all this region as a negro of uncommon worth and intelligence. He is'—

Here he was interrupted by Dawsey, who exclaimed, in a hurried manner:

'I came here expecting this sale would be conducted according to custom—that each hand would be put up separately. I protest against this innovation, Mr. Auctioneer.'

The auctioneer made no reply; but the administrator, a small, self-possessed man, mounted the bench, and said:

'Sir, I regulate this sale. If you are not satisfied with its conditions, you are not obliged to bid.'

Dawsey made a passionate reply. In the midst of it, Joe sprang upon the stand, and, in a clear, determined voice, called out:

'Mr. Sheriff, do your duty.'

A large, powerful man, in blue coat and brass buttons, stepped to the side of the carriage, and coolly opening the door, said:

'Catharine Dawsey, you are charged with aiding and abetting in the murder of Phyllis Preston. I arrest you. Please come with me.'

'By –, sir!' cried Dawsey; 'this lady is my wife!'

'It makes no difference whose wife she is, sir. She is my prisoner.'

'She must not be touched by you, or any other man!' yelled Dawsey, drawing his pistol. Before he could fire, he rolled on the ground, insensible. The sheriff had struck him a quick blow on the head with a heavy cane.

As her husband fell, Mrs. Dawsey sprang upon the driver's seat, and, seizing the reins from the astonished negro, applied the lash to the horses. They reared and started. The panic-stricken crowd parted, like waves in a storm, and the spirited animals bounded swiftly down the avenue. They had nearly reached the cluster of liveoaks which borders the small lake, when a man sprang at their heads. He missed them, fell, and the carriage passed over him; but the horses shied from the road into the trees, and in an instant the splendid vehicle was a mass of fragments, and Mrs. Dawsey and the negro were sprawling on the ground.

The lady was taken up senseless, and badly hurt, but breathing. The driver was dead!

The crowd hurried across the green to the scene of disaster. Joe and I reached the man in the road at the same instant. It was Ally! We took him up, bore him to the edge of the pond, and bathed his forehead with water. In a few minutes he opened his eyes.

'Are you much hurt, Ally?' asked Joe, with almost breathless eagerness.

'I reckon not, massa Joe,' said Ally; 'my head, yere, am sore, an' dis ankle p'raps am broke. Leff me see;' and he rose to his feet, and tried his leg. 'No, massa Joe; it'm sound's a pine knot. I hain't done fur dis time.'

'Thank God!' exclaimed Joe, with an indescribable expression of relief.

Mrs. Dawsey was borne to the mansion, the negro carried off to the quarters, and, in a few moments, the crowd once more gathered around the auctioneer's stand. Dawsey, by this time recovered from the sheriff's blow, was cursing and swearing terribly over the disaster of his wife and—his property.

'Twenty-five hundred dollars gone at a blow! D—n the woman; didn't she know better than that?'

As he followed his wife into the house, the sheriff said to the administrator, who was a justice of the peace:

'Make me out a warrant for that man—obstructing the execution of the law.'

The warrant was soon made out, and in fifteen minutes, Dawsey, raving like a wild animal, was driven off to jail at Trenton. Mrs. Dawsey, too much injured to be removed, was left under guard at the mansion, and the sale proceeded.

Boss Joe and Aggy ascended the block, and 'Master Joe' took a stand beside them.

'How much is said for these prime negroes?' cried the auctioneer. Everybody knows what they are, and there's no use preaching a sermon over them. Boss Joe might do that, but I can't. He can preach equal to any white man you ever hard. Come, gentlemen, start a bid. How much do you say?'

'A thousand,' said a voice in the crowd.

'Eleven hundred,' cried another.

'It's a d—d shame to bid on them, gentlemen. Boss Joe has been saving money to buy himself; and I think no white man should bid against him,' cried a man at my elbow.

It was Gaston, who had just arrived on the ground.

'Thet's a fact.' 'Them's my sentiments.' 'D—n th' man thet'll bid agin a nigger.' 'Thet's so, Gaston,' echoed from all directions.

'But I yere th' darky's got a pile—some two thousan'; thet gwoes 'long with him, uv course,' yelled one of the crowd.

'Of course it don't!' said young Joe, from the stand. 'He's saved about three thousand out of a commission his master allowed him; but he gave that to me, long before my father died. It is mine—not his. I bid twelve hundred for him and his wife; and I will say to the audience, that I shall advance on whatever sum may be offered for them. So fire away, gentlemen; I ask no favors.'

'Is there any more bid for this excellent couple?' cried the auctioneer. 'It is my duty to cry them, and to tell you they're worth twice that money.'

There was no more bid, and Boss Joe and Aggy were struck down at twelve hundred dollars—about two thirds their market value.

'Now, gentlemen, we will offer you the old negress, Deborah, the mother of Joe. Bring her forward!' cried the man of the hammer.

Four strong negroes lifted the chair of the aged African, and bore her to the block. When the strange vehicle reached the steps, young Preston steadied it into its appropriate position, and then took a stand beside it.

'This aged lady, gentlemen, is warranted over eighty; she may be a hundred. She can't walk, but she can pray and sing to kill. How much is bid for all this piety done up in black crape?' cried the auctioneer, smiling complacently, as if conscious of saying a witty thing.

Joe turned on him quickly. 'Sir, you are employed to sell these people, not to sport with their feelings. Let me hear no more of this.'

'No offence, Mr. Preston. Gentlemen, how much is bid for old Deborah?'

'Five dollars,' said young Preston.

The old negress, who sat nearly double, straightened up her bent form, and, looking at Joe with a sad, pleading expression, exclaimed:

'Oh, massa Joe! ole nussy'm wuth more'n dat. 'Ou woan't leff har be sole fur no sech money as dat, will 'ou, massa Joe?'

'No aunty; not if you want to bring more. I'd give your weight in gold for you;' and, turning to the auctioneer, he said: 'A hundred dollars is my bid, sir.'

'Bress 'ou, massa Joe! bress 'ou! 'Ou'm my own dear, bressed chile!' exclaimed the old negress, clutching at his hand, and, with a sudden effort, rising to her feet. She stood thus for a moment, then she staggered back, fell into her chair, uttered a low moan, and—was FREE!

A wild excitement followed, during which the body was borne off. It was a full half hour before quiet was restored and the sale resumed. Then about twenty negroes, of both sexes, were put up singly. All of them were bought by Joe, except a young woman, whose husband belonged to Gaston. The bidding on her was spirited, and she was run up to ten hundred and fifty dollars. As Gaston bid that sum, he jumped upon a bench, and called out:

'Gentlemen, I can stand this as long as you can. I mean to have this woman, anyhow.'

No one offered more, and 'the lot' was struck off to Gaston. Joe did not bid on her at all.

When the next negro ascended the stand, Joe beckoned to me, and said:

'Selly is next on the catalogue. Will you bring her here?'

As I entered the mansion, she met me. Her face was pale, and there was a nervous twitching about her mouth, but she quietly said:

'You have come for me?'

'Yes, my child. Have courage; it will soon be over.'

She laid her head upon my shoulder for a moment; then, turning her large, clear, but tearless eyes up to mine, she said:

'I trust in God!'

I took her arm in mine, and walked out to the stand. The auctioneer was waiting for her, and we ascended the block together. A slight tremor passed over her frame as she met the sea of upturned faces, all eagerly gazing at her; and, putting my arm about her, I whispered:

'Do not fear. Lean on me.'

'I do not fear,' was the low reply.

'Now, gentlemen,' cried the auctioneer, in an unfeeling, business-like way, 'I offer you the girl, Lucy Selma. She is seventeen years old; in good health; well brought up—a superior lot every way. She has recently been employed at cooking, but, as you see, is better adapted to lighter work. How much shall I have for her? Come, bid fast gentlemen; we are taking up too much time.'

Before any response could be made to this appeal, Joe stepped to the side of Selma, and, in a slow, deliberate voice, said:

'Gentlemen, allow me a few words. This young lady is my sister. I have always supposed—she has always supposed that she was the legitimate child of my father. She was not. My mother bought her when she was very young; gave her jewels—all she had—for her, and adopted her as her own child. The law does not allow a married woman to hold separate property, and Selma is therefore inventoried in my father's estate, and must be sold. Rightfully she belongs to me! She has been delicately and tenderly reared, and is totally unfitted for any of the usual work of slave women. Her value for such purposes is very little. I shall bid a thousand dollars for her, which is more than she is worth for any honest use. If any man bids more, it is HIS LIFE OR MINE before he leaves the ground!'

A breathless silence fell on the assemblage. It lasted for a few moments, when Gaston called out:

'Come, Joe, this isn't fair. You've no right to interfere with the sale. I came here prepared to go twenty-five hundred for her myself.'

In a firm but moderate tone, the young man replied:

'I intend no disrespect to you, Mr. Gaston, or to any gentleman present; but I mean what I say. I shall stand by my words!'

'Come, youngster, none uv yer brow-beatin' yere. It woan't gwo down,' cried a rough voice from among the audience. 'I've come all th' way from Orleans ter buy thet gal; an' buy har I shill!'

Quite a commotion followed this speech. It lasted some minutes, and the speaker was the object of considerable attention.

'He's some on th' trigger, ole feller,' cried one. 'He kin hit a turkey's eye at two hundred paces, he kin,' said another. 'He'll burn yer in'ards, shore,' shouted a third. 'Ye'll speak fur warm lodgin's, ef ye bid on thet gal, ye wull,' cried a fourth.

'Come, my friends, ye karn't skeer me,' coolly said the first speaker, mounting one of the rough benches. 'I've h'ard sech talk afore. It doan't turn me a hair. I come yere ter buy thet gal, an' buy har I shill, 'cept some on ye kin gwo higher'n my pile; an' my pile ar eighty-two hundred dollars!'

He was a tall, stoutly-built man, with bushy gray whiskers and a clear, resolute eye. It was Larkin!

Turning to Joe, I exclaimed:

'I understand this. Get the auctioneer to postpone the sale for half an hour for dinner. Take Selly into the house.'

'No. It might as well be over first as last. Let him bid—he's a dead man!' replied Joe coolly, but firmly.

'You're mad, boy. Would you take his life needlessly?'

The auctioneer, who overheard these remarks, then said to me:

'I will adjourn the sale, sir;' and, turning to the audience, he cried, drawing out his watch: 'Gentlemen, it is twelve o'clock. The sale is adjourned for an hour, to give you a chance for dinner.'

SHYLOCK vs. ANTONIO

OPINION OF THE VICAR

The Vicar desires briefly, modestly, and by way of suggestion, rather as Amicus Curiæ than as an advocate, to lay before his learned brethren of the law a legal point or two, for their consideration.

The case to which I refer is well known to all the members of the bar as that of Shylock—versus Antonio, reported, in full, in 2 Shakspeare 299. The decision which I am desirous of having reviewed, is that of the Chief Justice, or Ducal Magistrate, who heard that curious case, and who yielded to the extraordinary arguments of the young woman, Portia. The judgment rendered, and the argument or decision of the Lady Advocate, on that occasion, have been regarded as models of judicial acumen, have received the approbation of many worthy and enlightened students, and, when theatrically represented, have been greeted with the plaudits of nearly every theatre. It may be arrogant to impugn a judicial decision of such antiquity and acknowledged authority; but, as a member in full standing of the worshipful P. B., I have the right to be slightly arrogant; for I am well aware that this is a tribunal the circumference of whose jurisdiction is infinite, or rather is a circle whose centre is a little village on the Hudson river, where I reside.

No false modesty shall restrain me, therefore, from discussing this case upon its merits. Before entering upon it, however, I desire to call your attention to a few preliminary points.

In the first place, I ask you—who are all familiar with the record—if an undue sympathy for the defendant, Antonio, was not felt on the trial? The favor and good wishes of the court, the spectators, and of the reporter, were evidently enlisted for him as against his opponent. This Antonio, perhaps, was a very worthy fellow in his way; and in a criminal action—as on an indictment for murdering a family or two, or slaughtering a policeman—might have been, able to prove previous good character. But such a plea, in a civil action for debt, is entitled to no weight, while the fact that he was a good fellow in a series of scrapes, not the least of which was matrimony, does not entitle him to our sympathy. The prejudices of the court ought to have been against instead of for him. He had failed in business, could not pay his outstanding liabilities, and thus stood before the commercial world in the position of bankruptcy. The fact that he had made a foolish contract, which imperilled his life, does not improve his moral condition, or entitle him to any just sympathy, unless it could be shown that there was insanity in his family. No such plea was entered. His counsel did not attempt to prove that his great-grandfather owned a mad dog; a plea from which the court, fortified by many modern criminal decisions, might have inferred his moral insanity. No such attempt to relieve Antonio from the consequences of his criminal folly was made, and I can see nothing in the case to entitle him to the sympathy which was and had been always entertained for him.

Again: The lengthy and much-admired plea of the defendant's counsel on the subject of mercy was clearly out of place, especially if, as I have endeavored to show, the defendant was not entitled to any particular clemency or sympathy. The remarks of Portia, commencing,

'The quality of Mercy is not strained,'

(and, by the way, who but a woman would talk of straining an emotion as one strains milk?) are wholly irrelevant to the issue, and ought not to have been allowed. They were eloquent, indeed, but had nothing whatever to do with the trial, which arose on a very plain case at law: A owed B three thousand ducats, due and not paid on an ascertained day. Whereupon B moves the court for the penalty, and demands judgment. If the defendant had no answer at law, there is an end to the case; and it was very irregular, impertinent, and contrary to well-settled practice for the defendant's counsel to endeavor to lead off the mind of the court from the true issue of the case. Portia, in what she says of mercy being 'twice blessed' and 'dropping like the gentle rain from heaven,' &c., &c., was, I fear, 'talking buncombe,' and all that part of her speech should be stricken from the record, especially as it was addressed to the plaintiff instead of the court, a highly indecorous proceeding. Instead of indulging in all this sentimentality, her true course would have been to have filed a bill in equity against Shylock, and have obtained an injunction on an ex parte affidavit, which only requires a little strong swearing; or to have patched up a suit against him for obtaining his knife under false pretences; than which (under the New York code of procedure) nothing can be easier. But what better conduct of a suit can you expect from a she-advocate—an attorney-in-petticoats?

And this brings me to another point of some delicacy, and which nothing but a conscientious devotion to abstract justice would induce me to touch upon. What law, or what precedent, can be cited to authorize a woman to appear as an advocate in a court of justice and usurp the offices and prerogatives of a man? I will not dwell upon the impropriety of such conduct; but on my honor, as a member of the bar, the behavior of Portia was outrageous. This young female, not content with 'cavorting' around the country in a loose and perspicuous style, actually practises a gross swindle on the court. She assumes to be a man when she is only a woman, dons the breeches when she is only entitled to the skirts, and imposes herself upon the Duke of Venice as a learned young advocate from Rome, when in fact she is only a young damsel of Belmont, with half a dozen lovers on hand, on her own showing. And yet this young baggage, whose own father would not trust her to choose a husband, whose brains are addled by her own love affairs, and who had no more business in court than the deacon would have in Chancellor Whiting's suit in the Lowber claim, not only came into court under a fraudulent disguise, argued the case under false pretences, but actually took the words from the judge's own mouth, and decided her case on her own responsibility. I venture to say that such unparalleled impudence was never witnessed out of the court of a justice of the peace, and that even Judge – (unless the editor of the – had interfered) would have marched this false pretender out of court, or have deposited her in the Tombs on an attachment of contempt.