"Never mind, my good fellow," said Redman; "cheer up, take it as a good sailor would a storm, and in the morning you'll get a small loaf of sour bread and a bucket of water for breakfast, if you go to the pump for it.

Be careful to moderate your appet.i.te when you breakfast according to the State's rules; for you must save enough to last you during the day, and if you can keep "banyan day," as the Bluenose calls it, you're just the man for this inst.i.tution, and no mistake. Come, I see you're hungry; drink another bowl of coffee, and eat plenty of bread; then you'll be all right for another good sleep."

"Yes, but I don't expect to be in here long. But tell me, do we get nothing more than a loaf? didn't the jail give us this supper?" he inquired with surprise.

"Supper, indeed!--it's against the rules for prisoners to have coffee; that's our private fixings; but you'll get a pound of b.l.o.o.d.y neck-bone, they call beef, in the morning. I have twice thrown mine to the dog, but he doesn't seem to thank me for it; so I told the cook he needn't trouble his steelyards for me again."

Redman's conversation was interrupted by a noise that seemed to be a ring of the prison bell, and an anxious expression which Manuel gave utterance to, indicated that he expected somebody would come to see him.

He was not disappointed, for a few minutes after, the bolts were heard to withdraw and the heavy door swung back. There, true to his charge, was little Tommy, in his nicest blue rig, tipped off a la man-o'-war touch, with his palmetto-braid hat,--a long black ribbon displayed over the rim,--his hair combed so slick, and his little round face and red cheeks so plump and full of the sailor-boy pertness, with his blue, braided shirt-collar laid over his jacket, and set off around the neck, with a black India handkerchief, secured at the throat with the joint of a shark's backbone. He looked the very picture and pattern of a Simon-Pure salt. He had wended his way through strange streets and lanes, with a big haversack under his arm, which Daley had relieved him of at the door, and brought into the room under his arm. As soon as Manuel caught a glimpse of him, he rose and clasped the little fellow in his arms with a fond embrace. No greeting could be more affecting.

Manuel exulted at seeing his little companion; but Tommy looked grieved, and asked, "But what has scarred your face so, Manuel? You didn't look that way when you left the brig. We have had a site o' folks down to see us to-day."

"Oh, that's nothing!--just a little fall I got; don't tell the Captain: it'll all be well to-morrow."

"Here, Jack, take your knapsack; did yer bring ever a drop o' liquor for the steward?" said Daley, addressing himself to Tommy, and putting the package upon the floor.

"Yes, Manuel!" said Tommy, "the Captain sent you some nice bread and ham, some oranges and raisins, and a bottle of nice claret,--for he was told by the consul that they didn't give 'em nothing to eat at the jail. And I had a tug with 'em, I tell you. I got lost once, and got a good-natured black boy to pilot me for a Victoria threepence,--but he did not like to carry the bundle to the jail, for fear of his master.

Captain 'll be up first thing in the morning, if he can get away from business," said the little tar, opening the haversack and pulling out its contents to tempt the hungry appet.i.tes of those around him.

Daley very coolly took the bottle of claret by the neck, and holding it between himself and the light, took a lunar squint at it, as if doubting its contents; and then, putting it down, exclaimed, "Ah! the divil a red I'd give you for your claret. Sure, why didn't ye bring a token of good old hardware?" "Hardware! what is hardware?" inquired Manuel. "Ah!

botheration to the bunch of yees--a drap of old whiskey, that 'd make the delight c.u.m f'nent. Have ye ne'er a drap among the whole o' yees?"

Receiving an answer in the negative, he turned about with a Kilkenny, "It don't signify," and toddled for the door, which he left open, to await Tommy's return. Redman knew Daley's propensity too well, and having ocular proof that he had wet t'other eye until it required more than ordinary effort to make either one stay open, he declined recognising his very significant hint.

As soon as Daley withdrew, Manuel invited his companions to partake of the Captain's present, which they did with general satisfaction.

CHAPTER XV. THE LAW'S INTRICACY.

WHILE the scenes we have described in the foregoing chapter were being performed, several very interesting ones were going through the course of performance at the consul's office and other places, which we must describe. The British Government, in its instructions to Mr. Mathew, impressed upon him the necessity of being very cautious lest he should in any manner prejudice the interests of the local inst.i.tutions within his consular jurisdiction; to make no requests that were incompatible with the local laws; but to pursue a judicious course in bringing the matter of Her Majesty's subjects properly to the consideration of the legal authorities, and to point to the true grievance; and as it involved a question of right affecting the interests and liberties of her citizens, to ask the exercise of that judicial power from which it had a right to expect justice. The main object was to test the question whether this peculiar construction given to that local law which prohibits free colored men from coming within the limits of the State, was legal in its application to those who come into its ports connected with the shipping interests, pursuing an honest vocation, and intending to leave whenever their ship was ready. The consul was censured by the press in several of the slaveholding States, because he dared to bring the matter before the local legislature. We are bound to say that Consul Mathew, knowing the predominant prejudices of the Carolinians, acted wisely in so doing. First, he knew the tenacious value they put upon courtesy; secondly, the point at issue between South Carolina and the Federal Government, (and, as a learned friend in Georgia once said, "Whether South Carolina belonged to the United States, or the United States to South Carolina;") and thirdly, the right of State sovereignty, which South Carolina held to be of the first importance. To disregard the first, would have been considered an insult to the feelings of her people; and if the question had first been mooted with the Federal Government, the ire of South Carolinians would have been fired; the slur in placing her in a secondary position would have sounded the war-trumpet of Abolition encroachments, while the latter would have been considered a breach of confidence, and an unwarrantable disregard of her a.s.sertion of State rights. The Executive transmitted the doc.u.ments to the a.s.sembly, that body referred them to special committees, and the Messrs. Mazyck and McCready, reported as everybody in South Carolina expected, virtually giving the British consul a very significant invitation to keep his pet.i.tions in his pocket for the future, and his "black lambs" out of the State, or it might disturb their domesticated ideas. Thus was the right clearly reserved to themselves, and the question settled, so far as the State Legislature was concerned. The next course for Mr. Mathew was to appeal to the Judiciary, and should redress be denied, make it the medium of bringing the matter, before the Federal courts.

We cannot forbear to say, that the strenuous opposition waged against this appeal of common humanity arose from political influence, supported by a set of ultra partisans, whose theoretical restrictions, a.s.sisted by the voice of the press, catered to the war-spirit of the abstractionists.

The British consul, as the representative of his government, knowing the personal suffering to which the subjects of his country were subjected by the wretched state of the Charleston prison, and its management, sought to remove no restriction that might be necessary for protecting their dangerous inst.i.tutions, but to relieve that suffering. He had pointed the authorities to the wretched state of the prison, and the inhuman regimen which existed within it; but, whether through that superlative carelessness which has become so materialized in the spirit of society--that callousness to misfortune so strongly manifested by the rich toward the industrious poor and the slaves-or, a contempt for his opinions, because he had followed out the instructions of his government, things went on in the same neglected manner and no attention was paid to them.

Now, we dare a.s.sert that a large, portion of the excitement which the question has caused has arisen from personal suffering, consequent upon that wretched state of jail provisions which exists in South Carolina, and which, to say the least, is degrading to the spirit and character of a proud people. If a plea could be made, for excuse, upon the shattered finances of the State, we might tolerate something of the abuse. But this is not the case; and when its privileges become reposed in men who make suffering the means to serve their own interests, its existence becomes an outrage.

A stronger evidence of the cause of these remonstrances on the part of the British Government, is shown by the manner in which it has been submitted to in Georgia. The British consul of the port of Savannah, a gentleman whose intelligence and humane feelings are no less remarkable than Mr. Mathew's, has never had occasion to call the attention of the Executive of Georgia to the abuse of power consequent upon the imprisonment of colored seamen belonging to the ships of Great Britain in that port. The seaman was imprisoned, consequently deprived of his liberty; but there was no suffering attendant beyond the loss of liberty during the stay of the vessel; for the imprisonment itself was a nominal thing; the imprisoned was well cared for; he had good, comfortable apartments, cleanly and well ordered, away from the criminals, and plenty of good, wholesome food to eat. There was even a satisfaction in this, for the man got what he paid for, and was treated as if he were really a human being. Thus, with the exception of the restriction on the man's liberty, and that evil, which those interested in commerce would reflect upon as a tax upon the marine interests of the port to support a munic.i.p.al police, because it imposes a tax and burdensome annoyance upon owners for that which they have no interest in and can derive no benefit from, the observance of the law had more penalty in mental anxiety than bodily suffering. We have sometimes been at a loss to account for the restriction, even as it existed in Georgia, and especially when we consider the character of those controlling and developing the enterprising commercial affairs of Savannah.

But we must return to South Carolina. If we view this law as a police regulation, it only gives us broader lat.i.tude. If a community has that within itself which is dangerous to its well-being, it becomes pertinent to inquire whether there is not an imperfect state of society existing, and whether this policy is not injurious to the well-being of the State.

The evil, though it be a mortifying fact, we are bound to say, arises from a strange notion of caste and color, which measures sympathy according to complexion. There is no proof that can possibly be adduced, showing that colored seamen have made any infections among the slaves, or sought to increase the dangers of her peculiar inst.i.tution.

CHAPTER XVI. PLEA OF JUST CONSIDERATION AND MISTAKEN CONSTANCY OF THE LAWS.

THE consul's office opened at nine o'clock,--the Captain, with his register-case and shipping papers under his arm, presented himself to Mr. Mathew, handed him his papers, and reported his condition. That gentleman immediately set about rendering every facility to relieve his immediate wants and further his business. The consul was a man of plain, una.s.suming manners, frank in his expressions, and strongly imbued with a sense of his rights, and the faith of his Government,--willing to take an active part in obtaining justice, and, a deadly opponent to wrong, regardless of the active hostility that surrounded him. After relating the incidents of his voyage, and the circ.u.mstances connected with Manuel's being dragged to prison,--"Can it be possible that the law is to be carried to such an extreme?" said he, giving vent to his feelings.

"Your people seem to have a strange manner of exhibiting their hospitality," said the Captain, in reply.

"That is true; but it will not do to appeal to the officials." Thus saying, the consul prepared the certificate, and putting on his hat, repaired to the jail. Here he questioned Manuel upon the circ.u.mstances of his arrest, his birthplace, and several other things. "I am not sure that I can get you out, Manuel, but I will do my best; the circ.u.mstances of your being driven in here in distress will warrant some consideration in your case; yet the feeling is not favorable, and we cannot expect much."

From thence he proceeded to the office of Mr. Grimshaw, where he met that functionary, seated in all the dignity of his office.

"Good morning, Mr. Consul. Another of your darkies in my place, this morning," said Mr. Grimshaw.

"Yes; it is upon that business I have called to see you. I think you could not have considered the condition of this man, nor his rights, or you would not have imprisoned him. Is there no way by which I can relieve him?" inquired the consul, expecting little at his hands, but venturing the effort.

"Sir! I never do any thing inconsistent with my office. The law gives me power in these cases, and I exercise it according to my judgment. It makes no exceptions for shipwrecks, and I feel that you have no right to question me in the premises. It's contrary to law to bring n.i.g.g.e.rs here; and if you can show that he is a white man, there's the law; but you must await its process."

"But do you not make exceptions?" inquired the consul. "I do not wish to seek his relief by process of law; that would increase expense and delay. I have made the request as a favor; if you cannot consider it in that light, I can only say my expectations are disappointed. But how is it that the man was abused by your officers before he was committed?"

"Those are things I've nothing to do with; they are between the officers and your n.i.g.g.e.rs. If they are stubborn, the officers must use force, and we have a right to iron the whole of them. Your n.i.g.g.e.rs give more trouble than our own, and are a set of unruly fellows. We give 'em advantages which they don't deserve, in allowing them the yard at certain hours of the day. You Englishmen are never satisfied with any thing we do," returned Mr. Grimshaw, with indifference, appearing to satisfy himself that the law gave him the right to do what he pleased in the premises. There seemed but one idea in his head, so far as n.i.g.g.e.rs were concerned, nor could any mode of reasoning arouse him: to a consideration of any extenuating circ.u.mstances. A n.i.g.g.e.r was a n.i.g.g.e.r with him, whether white or black-a creature for hog, h.o.m.ony, and servitude.

"I expected little and got nothing. I might have antic.i.p.ated it, knowing the fees you make by imprisonment. I shall seek relief for the man through a higher tribunal, and I shall seek redress for the repeated abuses inflicted upon these men by your officers," said the consul, turning to the door.

"You can do that, sir," said Mr. Grimshaw; "but you must remember that it will require white evidence to substantiate the charge. We don't take the testimony of your n.i.g.g.e.rs."

Just as the consul left the office, he met Colonel S--entering. The colonel always manifested a readiness to relieve the many cases of oppression and persecution arising from bad laws and abused official duty. He had called upon Mr. Grimshaw on the morning of the arrest, and received from him an a.s.surance that the case would be considered, the most favorable construction given to it, and every thing done for the man that was in his power. Notwithstanding this to show how far confidence could be put in such a.s.surances, we have only to inform the reader that he had despatched the officers an hour previously.

The colonel knew his man, and felt no hesitation at speaking his mind.

Stepping up to him, "Mr. Grimshaw," said he, "how do you reconcile your statement and a.s.surances to me this morning with your subsequent conduct?"

"That's my business. I act for the State, and not for you. Are you counsel for these n.i.g.g.e.rs, that you are so anxious to set them at liberty among our slaves? You seem to have more interest in it than that interfering consul. Just let these Yankee n.i.g.g.e.rs and British n.i.g.g.e.rs out to-night, and we'd have another insurrection before morning; it's better to prevent than cure," said Grimshaw.

"The only insurrection would have been in your heart, for the loss of fees. If you did not intend what you said, why did you deceive me with such statements? I know the feelings of our people, as well as I do yours for caging people within that jail. Upon that, I intimated to the Captain what I thought would be the probable result, and this morning I proceeded to his vessel to rea.s.sure him, upon your statement. Imagine my mortification when he informed me that his steward had been dragged off to jail early in the morning, and that those two ruffians whom you disgrace the community with, behaved in the most outrageous manner. It is in your power to relieve this man, and I ask it as a favor, and on behalf of what I know to be the feelings of the citizens of Charleston."

"Your request, colonel," said Mr. Grimshaw, with a little more complacency, "is too much in the shape of a demand. There's no discretion left me by the State, and if you have a power superior to that, you better pay the expenses of the n.i.g.g.e.r, and take the management into your own hands. I never allow this trifling philanthropy about n.i.g.g.e.rs to disturb me. I could never follow out the laws of the State and practise it; and you better not burden yourself with it, or your successors may suffer for adequate means to support themselves. Now, sir, take my advice. It's contrary to law for them n.i.g.g.e.rs to come here; you know our laws cannot be violated. South Carolina has a great interest at stake in maintaining the reputation of her laws. Don't excite the n.i.g.g.e.r's anxiety, and he'll be better off in jail than he would running about among the wenches. He won't have luxuries, but we'll make him comfortable, and he must suit his habits to our way of living.

We must not set a bad example before our own n.i.g.g.e.rs; the whiter they are the worse they are. They struggle for their existence now, and think they're above observing our n.i.g.g.e.r laws. We want to get rid of them, and you know it," returned Grimshaw.

"Yes; I know it too well, for I have had too many cases to protect them from being 'run off' and sold in the New Orleans market. But when you speak of white n.i.g.g.e.rs, I suppose you mean our brightest; I dispute your a.s.sertion, and point you to my proof in the many men of wealth among them now pursuing their occupations in our city. Can you set an example more praiseworthy? And notwithstanding they are imposed upon by taxes, and many of our whites take the advantage of law to withhold the payment of debts contracted with them, they make no complaint. They are subject to the same law that restricts the blackest slave. Where is the white man that would not have yielded under such inequality? No! Mr. Grimshaw, I am as true a Southerner-born and bred-as you are; but I have the interests of these men at heart, because I know they are with us, and their interests and feelings are identical with our own. They are Native Americans by birth and blood, and we have no right to dispossess them by law of what we have given them by blood. We destroy their feelings by despoiling them of their rights, and by it we weaken our own cause. Give them the same rights and privileges that we extend to that miserable cla.s.s of foreigners who are spreading pestilence and death over our social inst.i.tutions, and we would have nothing to fear from them, but rather find them our strongest protectors. I want to see a law taking from that cla.s.s of men the power to lord it over and abuse them."

A friend, who has resided several years in Charleston, strong in his feelings of Southern rights, and whose keen observation could not fail to detect the working of different phases of the slave inst.i.tution, informed us that he had conversed with a great many very intelligent and enterprising men belonging to that large cla.s.s of "bright" men in Charleston, and that which appeared to pain them most was the manner they were treated by foreigners of the lowest cla.s.s; that rights which they had inherited by birth and blood were taken away from them; that, being subjected to the same law which governed the most abject slave, every construction of it went to degrade them, while it gave supreme power to the most degraded white to impose upon them, and exercise his vindictive feelings toward them; that no consideration being given to circ.u.mstances, the least deviation from the police regulations made to govern negroes, was taken advantage of by the petty guardmen, who either extorted a fee to release them, or dragged them to the police-office, where their oath was nothing, even if supported by testimony of their own color; but the guardman's word was taken as positive proof. Thus the laws of South Carolina forced them to be what their feelings revolted at. And I want to see another making it a penal offence for those men holding slaves for breeding purposes. Another, which humanity calls for louder than any other, is one to regulate their food, punish these grievous cases of starvation, and make the offender suffer for withholding proper rations.

"Well-pretty well!" said Grimshaw, snapping his fingers very significantly. "You seem to enjoy the independence of your own opinion, colonel. Just prove this n.i.g.g.e.r's a white, and I'll give you a release for him, after paying the fees. You better move to Ma.s.sachusetts, and preach that doctrine to William Lloyd Garrison and Abby Kelly."

"Give me none of your impudence, or your low insults. You may protect yourself from personal danger by your own consciousness that you are beneath the laws of honor; but that will not save you from what you deserve, if you repeat your language. Our moderation is our protection, while such unwise restrictions as you would enforce, fan the flame of danger to our own households," said the colonel, evidently yielding to his impulses; while Mr. Grimshaw sat trembling, and began to make a slender apology, saying that the language was forced upon him, because the colonel had overstepped the bounds of propriety in his demands.

"I'm somewhat astonished at your demand, colonel, for you don't seem to comprehend the law, and the imperative manner in which I'm bound to carry it out. Shipowners should get white stewards, if they want to avoid all this difficulty. I know the nature of the case, but we can't be accountable for storms, shipwrecks, old vessels, and all these things. I'll go and see the fellow to-morrow, and tell the jailer-he's a pattern of kindness, and that's why I got him for jailer-to give him good rations and keep his room clean," said Grimshaw, getting up and looking among some old books that lay on a dusty shelf. At length he found the one, and drawing it forth, commenced brushing the dust from it with a dust-brush, and turning his tobacco-quid. After brushing the old book for a length of time, he gave it a scientific wipe with his coat-sleeve, again sat down, and commenced turning over its pages.

"It's in here, somewhere," said he, wetting his finger and thumb at every turn.

"What's in there, pray? You don't think I've practised at the Charleston bar all my life without knowing a law which has called up so many questions?" inquired the colonel.

"Why, the act and the amendments. I believe this is the right one. I a'n't practised so long, that I reckon I've lost the run of the appendix and everything else," adding another stream of tobacco-spit to the puddle on the floor.