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The Sovereign Rule of South Carolina

Chapter 6 The Janson In The Offing

Word Count: 4187    |    Released on: 11/11/2017

erfully, was among the number; and his loss was more severely felt, having done a double duty, and succeeded, as far as the means were at hand, in making everybody on boa

law snaps 'em up once in a while, and then, if they're ever so white, it makes 'em prove it. I've known several cases where the doubt was in favor of the nigger, but he couldn't prove it, and had to stand aside among the darkies. Dogs take my skin, Cap, if theren't a Jew feller in town as white as anybody, and his father's a doctor. It got whispered round that he was a nigger, and the boarders where he stayed raised a fuss about it. The nigger's father had two of them sued for slander, but they proved the nigger by a quirk of law that'd make a volume bigger than Blackstone; and instead of the old Jew getting satisfaction, the judges, as a matter of policy, granted him time to procure further proof to show that his son wasn't a nigger. It was a very well-considered insinuation of the judges, but the young-un stands about A-1 with a prime nigger-feller.""I should like to have 'em try me, to see whether I was a nigger or a white man. It must be a funny law, 'nigger or no nigger.' If a feller's skin won't save him, what the devil will?" said the Captain."Why, show your mother and her generation were white, to be sure! It's easy enough done, and our judges are all very larned in such things--can tell in the twinkling of an eye," said the pilot."I should think the distinguishing points would be to show that their mother had nothing to do with a nigger. Do your judges make this a particular branch of jurisprudence? If they do, I'd like to know what they took for their text-books. If the intermixture is as complex as what you say, I should think some of the judges would be afraid of passing verdict upon their own kin.""Not a whit!" said the pilot; "they know enough for that.""Then you admit there's a chance. It must be an amusing affair, 'pon my soul! when a nice little female has to draw aside her vail before a court of very dignified judges, for the purpose of having her pedigree examined," said the Captain."Oh! the devil, Cap; your getting all astray--a woman nigger never has the advantage of the law. They always go with the niggers, ah! ha! ha!!""But suppose they're related to some of your big-bugs. What then? Are your authorities so wise and generous that they make allowance for these things," asked the Captain, innocently."Oh! poh! there you're again: you must live in Charleston a year or two, but you'll have to be careful at first that you don't fall in love with some of our bright gals, and think they're white, before you know it. It doesn't matter seven coppers who they're got by, there's no distinction among niggers in Charleston. I'll put you through some of the bright houses when we get up, and show you some scions of our aristocracy, that are the very worst cases. It's a fact, Cap, these little shoots of the aristocracy invariably make bad niggers. If a fellow wants a real prime, likely nigger wench, he must get the pure African blood. As they say themselves, 'Wherever Buckra-man bin, make bad nigger.'""Well, Pilot, I think we've had enough about mixed niggers for the present. Tell me! do you really think they'll give me trouble with my steward? He certainly is not a black man, and a better fellow never lived," inquired the Captain earnestly."Nothing else, Cap," said the pilot. "It's a hard law, I tell you, and if our merchants and business men had a say in it, 'twouldn't last long; ye can't pass him off for a white man nohow, for the thing's 'contrary to law,' and pays so well that them contemptible land-sharks of officers make all the fuss about it, and never let one pass. Just take the infernal fees off, and nobody'd trouble themselves about the stewards. It all goes into old Grimshaw's pocket, and he'd skin a bolt-rope for the grease, and sell the steward if he could get a chance. He has sold a much nearer relation. I'm down upon the law, you'll see, Cap, for I know it plays the dickens with our business, and is a curse to the commerce of the port. Folks what a'n't acquainted with shipping troubles, and a shipowner's interests, think such things are very small affairs. But it's the name that affects us, and when an owner stands at every item in the disbursements, and a heavy bill for keeping his steward, and another for filling his place, or boarding-house accommodations, and then be deprived of his services, he makes a wry face, and either begins to think about another port, or making the rate of freight in proportion to the annoyance. It has an effect that we feel, but don't say much about. I'm a secessionist, but I don't believe in running mad after politics, and letting our commercial interests suffer.""But what if I prove my steward a'n't a colored man?" said the Captain; "they surely won't give me any trouble then. It would pain my feelings very much to see Manuel locked up in a cell for no crime; and then to be deprived of his services, is more than I can stand. If I'd known it before, I'd suffered the torments of thirst, and put for a port farther north.""It'll cost more than it's worth," said the pilot. "Take my plain advice, Cap; never try that; our lawyers are lusty fellows upon fees; and the feller'd rot in that old nuisance of a jail afore you'd get him out. The process is so slow and entangled, nobody'd know how to bring the case, and ev'ry lawyer'd have an opinion of his own. But the worst of all is that it's so unpopular, you can't get a lawyer worth seven cents to undertake it. It would be as dangerous as an attempt to extricate a martyr from the burning flames. Public opinion in Charleston is controlled by politicians; and an attempt to move in a thing so unpopular would be like a man attempting to speak, with pistols and swords pointed to his head.""Then it's folly to ask justice in your city, is it?" asked the Captain. "But your people are generous, a'n't they? and treat strangers with a courtesy that marks the character of every high-minded society?""Yes!--but society in South Carolina has nothing to do with the law; our laws are gloriously ancient. I wish, Cap, I could only open your ideas to the way our folks manage their own affairs. I'm opposed to this law that imprisons stewards, because it affects commerce, but then our other laws are tip-top. It was the law that our legislature made to stop free niggers from coming from the abolition States to destroy the affections of our slaves. Some say, the construction given to it and applied to stewards of foreign vessels a'n't legal, and wasn't intended; but now it's controlled by popular will,--the stewards a'n't legislators, and the judges know it wouldn't be popular, and there's nobody dare meddle with it, for fear he may be called an abolitionist. You better take my advice, Cap: ship the nigger, and save yourself and Consul Mathew the trouble of another fuss," continued the pilot."That I'll never do! I've made up my mind to try it, and won't be driven out of a port because the people stand in fear of a harmless man. If they have any souls in them, they'll regard with favor a poor sailor driven into their port in distress. I've sailed nearly all over the world, and I never got among a people yet that wouldn't treat a shipwrecked sailor with humanity. Gracious God! I've known savages to be kind to poor shipwrecked sailors, and to share their food with them. I can't, pilot, imagine a civilization so degraded, nor a public so lost to common humanity, as to ill treat a man in distress. We've said enough about it for the present. I'll appeal to Mr. Grimshaw's feelings, when I get to the city; and I know, if he's a man, he'll let Manuel stay on board, if I pledge my honor that he won't leave

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The Sovereign Rule of South Carolina
The Sovereign Rule of South Carolina
“OUR generous friends in Georgia and South Carolina will not add among their assumptions that we know nothing of the South and Southern life. A residence of several years in those States, a connection with the press, and associations in public life, gave us opportunities which we did not lose, and have not lost sight of; and if we dipped deeper into the vicissitudes of life and law than they gave us credit for at the time, we trust they will pardon us, on the ground of interest in the welfare of the South. Perhaps we should say, to support the true interests of the South, we should and must abandon many of those errors we so strenuously supported in years past; and thus we have taken up the subject of our book, based upon the practical workings of an infamous law, which we witnessed upon the individual whose name forms a part of the title. Imprisoning a shipwrecked sailor, and making it a penal offence for a freeman to come within the limits of a republican State, whether voluntarily or involuntarily, seems to be considered commonplace, instead of barbarous in South Carolina. This may be accounted for by the fact that the power of a minority, created in wrong, requiring barbarous expedients to preserve itself intact, becomes an habitual sentiment, which usage makes right. This subject has been treated with indifference, even by the press, which has satisfied itself in discussing the abstract right as a question of law, rather than by disclosing the sufferings of those who endure the wrong and injustice. When we are called upon to support, and are made to suffer the penalty of laws founded in domestic fear, and made subservient to various grades of injustice, it becomes our duty to localize the wrong, and to point out the odium which attaches to the State that enacts such laws of oppression. A "peculiar-institution" absorbs and takes precedence of every thing; its protection has become a sacred element of legislative and private action; and fair discussion is looked upon as ominous, and proclaimed as incendiary. But we speak for those who owe no allegiance to that delicate institution; citizens to all intents and, purposes (notwithstanding their dark skins) of the countries to which they severally belong; peaceable persons, pursuing their avocations, to provide a respectable maintenance for their families, and worthy of the same protective rights claimed by the more fortunate citizens of such countries. In doing this we shall give a practical illustration of the imprisonment of four individuals in South Carolina, and ask those who speculate in the abstract science of State sovereignty, to reflect upon the issue of that lamentable injustice which inflicts punishment upon persons guiltless of crime. We prefer to be plain, and we know our Southern friends will not accuse us of misconstruction, for we have their interests at heart, as well as the cause of humanity, which we shall strive to promote, in spite of the struggles of modern barbarism, seeking to perpetuate itself. Fear, the inventor of such pretexts as are set up, and mantled in Southern modesty, must remodel its code for South Carolinians, before it can assert a power unknown to law, or trample upon the obligations of treaty, or enforce nullification of individual rights. CHARLESTON, S. C., July 17,1852.”
1 Chapter 1 The Unlucky Ship2 Chapter 2 The Steward's Bravery3 Chapter 3 The Second Storm4 Chapter 4 The Charleston Police5 Chapter 5 Mr. Grimshaw, The Man Of The County6 Chapter 6 The Janson In The Offing7 Chapter 7 Arrival Of The Janson8 Chapter 8 A New Dish Of Secession9 Chapter 9 A Few Points Of The Law10 Chapter 10 The Prospect Darkening11 Chapter 11 The Sheriff's Office12 Chapter 12 The Old Jail13 Chapter 13 How It Is14 Chapter 14 Manuel Pereira Committed15 Chapter 15 The Law's Intricacy16 Chapter 16 Plea Of Just Consideration And Mistaken Constancy 17 Chapter 17 Little George, The Captain, And Mr. Grimshaw18 Chapter 18 Little Tommy And The Police19 Chapter 19 The Next Morning, And The Mayor's Verdict20 Chapter 20 Emeute Among The Stewards21 Chapter 21 The Captain's Interview With Mr. Grimshaw22 Chapter 22 Copeland's Release, And Manuel's Close Confinement23 Chapter 23 Imprisonment Of John Paul, And John Baptiste Pamer24 Chapter 24 The Janson Condemned25 Chapter 25 George The Secessionist, And His Father's Ships26 Chapter 26 A Singular Reception27 Chapter 27 The Habeas Corpus28 Chapter 28 The Captain's Departure And Manuel's Release29 Chapter 29 Manuel's Arrival In New York30 Chapter 30 The Scene Of Anguish31 Conclusion