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The Sovereign Rule of South Carolina

Chapter 9 A Few Points Of The Law

Word Count: 5705    |    Released on: 11/11/2017

"pleasant occasion," does not mean an adjournment to the domestic fireside; nor are the distinctions between marri

ntly 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

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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