Dunn ran to the scene, and ordered the negro to be off, and not use such language to a white man, that it was "contrary to law," and he would take him to the workhouse.

"Why, ma.s.sa, I knows what 'em respect white men what be gemmen like yersef, but dat Dutchman stand da'h a'n't no gentlem', he done gone tieffe my money seven time; an' I whip him sure-jus' lef' him come out here. I doesn't care for true, and G.o.d saw me, I be whip at the wukhouse next minute. He tief, an' lie, an 'e cheat me." The Dutchman stood at the door with the big stick in his hand-the negro in the middle of the lane with his fists in a pugilistic att.i.tude, daring and threatening, while the limping Dunn stood by the side of the Dutchman, acting as a mediator. Manuel, taking advantage of the opportunity, emptied his tumbler down a large opening in the floor.

It is a notorious fact in Charleston, that although the negro, whether he be a black or white one, is held in abject obedience to the white man proper, no matter what his grade may be, yet such is the covetous and condescending character of these groggery keepers, that they become courteous to the negro and submit to an equality of sociability. The negro, taking advantage of this familiarity, will use the most insulting and abusive language to this cla.s.s of Dutchmen, who, either through cowardice, or fear of losing their trade, never resent it. We may say, in the language of Dunn, when he was asked if negroes had such liberties with white men in Charleston, "A n.i.g.g.e.r knows a Dutch shopkeeper better than he knows himself-a n.i.g.g.e.r dare not speak that way to anybody else."

The Dutchman gets a double profit from the negro, and with it diffuses a double vice among them, for which they have to suffer the severest penalty. It is strictly "contrary to law" to purchase any thing from a negro without a ticket to sell it, from his master. But how is this regarded? Why, the shopkeeper foregoes the ticket, encourages the warehouse negro to steal, and purchases his stealings indiscriminately, at about one-half their value. We might enumerate fifty different modes practised by "good" legal voting citizens--totally regardless of the law--and exerting an influence upon the negro tenfold more direful than that which could possibly arise from the conversation of a few respectable men belonging to a friendly nation.

Dunn, after driving the mulatto man from the door and upbraiding the Dutchman for his cowardice, returned to the table, and patting Manuel upon the back, drank the balance of his smash, saying, "Come, me good fellow, we must do the thing up brown, now; we've got the Dutchman nailed on his own hook. We must have another horn; it's just the stuff in our climate; the 'Old Jug's' close by, and they'll be makin' a parson of you when you get there. We've had a right jolly time; and ye can't wet your whistle when ye're fernint the gates."

"I don't ask such favors, and will drink no more," said Manuel.

"Fill her up, Drydez! fill her up! two more smashes-best brandy and no mistake. You must drink another, my old chuck-we'll bring the pious notions out o' ye in Charleston," said Dunn, turning around to Manuel.

The Dutchman filled the gla.s.ses, and Dunn, laying his big hickory stick upon the counter, took one in each hand, and going directly to Manuel, "There, take it, and drink her off-no humbugging; yer mother niver gave such milk as that," said he.

"Excuse me, sir; I positively will not!" said Manuel, and no sooner had he lisped the words, than Dunn threw the whole contents in his face.

Enraged at such outrageous conduct, the poor fellow could stand it no longer, and fetched him a blow that levelled him upon the floor.

The Dutchman ran to the a.s.sistance of Dunn, and succeeded in relieving him from his unenviable situation. Not satisfied, however, they succeeded, after a hard struggle, in getting him upon the floor, when the Dutchman-after calling the a.s.sistance of a miserable negro, held him down while Dunn beat him with his stick. His cries of "Murder" and "Help" resounded throughout the neighbourhood, and notwithstanding they attempted to gag him, brought several persons to the spot. Among them was a well-known master builder, in Charleston-a very muscular and a very humane man. The rascality of Dunn was no new thing to him, for he had had practical demonstrations of it upon his own negroes,--who had been enticed into the "corner shops" for the double purpose of the Dutchmen getting their money, and the officers getting hush-money from the owner.

The moment he saw Dunn, he exclaimed, "Ah! you vagabond!" and springing with the nimbleness of a cat, struck the Dutchman a blow that sent him measuring his length, into a corner among a lot of empty boxes; then seizing Dunn by the collar, he shook him like a puppy, and brought him a slap with his open hand that double-dyed his red face, and brought a stream of claret from his nose; while the miserable n.i.g.g.e.r, who had been struggling to hold Manuel down, let go his hold, and ran as if his life was in danger. The scene was disgusting in the extreme. Manuel arose, with his face cut in several places, his clothes bedaubed with filth from the floor, and his neck and shirt-bosom covered with blood; while the aghast features of Dunn, with his red, matted hair, and his glaring, vicious eyes, bespattered with the combined blood of his victim and his own nasal organ, gave him the most fiendish look imaginable.

The gentleman, after reprimanding the Dutchman for keeping up these miserable practices, which were disgracing the community, and bringing suffering, starvation, and death upon the slaves, turned to Dunn, and addressed him. "You are a pretty officer of the law! A villain upon the highway-a disgrace to your color, and a stain upon those who retain you in office. A man who has violated the peace and every principle of honest duty, a man who every day merits the worst criminal punishment, kept in the favor of the munic.i.p.al department, to pollute its very name.

If there is a spark of honesty left in the police department, I will use my influence to stop your conduct. The gallows will be your doom yet.

You must not think because you are leagued in the same traffic."

Dunn kept one of the worst and most notorious drinking-shops in Charleston, but, to reconcile his office with that strict requirement which never allowed any thing "contrary to law" in Charleston, he made his wife a "free trader." This special set of South Carolina may in effect be cla.s.sed among its many singular laws. It has an exceedingly accommodating effect among bankrupt husbands, and acts as a masked battery for innumerable sins in a business or official line. It so happens, once in a while, that one of the "fair free dealers" gets into limbo through the force of some ruthless creditor; and the "Prison Bounds Act," being very delicate in its bearings, frequently taxes the gallantry of the chivalrous gentlemen of the Charleston bar that you are to go unpunished. And you, Drydez," said he, turning to the Dutchman, "I shall enter you upon the information docket, as soon as I go down into the city."

"Zeu may tu vat zeu plas mit me-te mayor bees my friend, an' he knowz vot me ams. Yuz sees zel no bronty, no zin! Vot yu to mit de fine, ah?"

"I'd like to see you do that same agin Mr.--. It wouldn't be savin'

yerself a pace-warrant, and another for a.s.sault and battery! Sure magistrate Gyles is a first-rate friend of me own, and he'd not suffer me imposed on. The d--d n.i.g.g.e.r was obstinate and wouldn't go to jail,"

said Dunn in a cowardly, whimpering manner.

"Oh yez, me heard mit 'im swore, vat he no go to zale!" rejoined the Dutchman anxiously.

"Tell me none of your lies," said he; "you are both the biggest rascals in town, and carry on your concerted villany as boldly as if you had the control of the city in your hands." Manuel was trembling under the emotions of grief and revenge. His Portuguese blood would have revenged itself at the poniard's point, but fortunately he had left it in his chest. He saw that he had a friend at his hand, and with the earnestness of a child, resigned himself to his charge.

In a few minutes quiet was produced, and the gentleman expressing a desire to know how the trouble originated, inquired of Manuel how it was brought about. But no sooner had he commenced his story, than he was interrupted by Dunn a.s.serting his right, according to the laws of South Carolina, to make his declaration, which could not be refuted by the negro's statement, or even testimony at law; and in another moment jumped up, and taking Manuel by the collar, commanded him to come along to jail; and turning to the gentleman, dared him to interfere with his duty.

"I know how you take people to jail, very well. I'll now see that you perform that duty properly, and not torture prisoners from place to place before you get there. You inflict a worse punishment in taking poor, helpless people to jail, than they suffer after they get there!"

said he; and immediately joined Manuel and walked to the jail with him.

CHAPTER XII. THE OLD JAIL.

THERE are three inst.i.tutions in Charleston-either of which would be a stain upon the name of civilization-standing as emblems of the time-established notions of a people, and their cherished love for the ancestral relics of a gone-by age. Nothing could point with more unerring aim than these sombre monuments do, to the distance behind the age that marks the thoughts and actions of the Charlestonians. They are the poor-house, hospital, and jail; but as the latter only pertains to our present subject, we prefer to speak of it alone, and leave the others for another occasion. The workhouse may be said to form an exception-that being a new building, recently erected upon a European plan. It is very s.p.a.cious, with an extravagant exterior, surmounted by lofty semi-Gothic watch-towers, similar to the old castles upon the Rhine. So great was the opposition to building this magnificent temple of a workhouse, and so inconsistent, beyond the progress of the age, was it viewed by the "manifest ancestry," that it caused the mayor his defeat at the following hustings. "Young Charleston" was rebuked for its daring progress, and the building is marked by the singular cognomen of "Hutchinson's Folly." What is somewhat singular, this magnificent building is exclusively for negroes. One fact will show how progressive has been the science of law to govern the negro, while those to which the white man is subjected are such as good old England conferred upon them some centuries ago. For felonious and burglarious offences, a white man is confined in the common jail; then dragged to the market-place, stripped, and whipped, that the negroes may laugh "and go see buckra catch it;" while a negro is sent to the workhouse, confined in his cell for a length of time, and then whipped according to modern science,--but n.o.body sees it except by special permission. Thus the negro has the advantage of science and privacy.

The jail is a sombre-looking building, with every mark of antiquity standing boldly outlined upon its exterior. It is surrounded by a high brick wall, and its windows are grated with double rows of bars, sufficiently strong for a modern penitentiary. Altogether, its dark, gloomy appearance strikes those who approach it, with the thought and a.s.sociation of some ancient cruelty. You enter through an iron-barred door, and on both sides of a narrow portal leading to the right are four small cells and a filthy-looking kitchen, resembling an old-fashioned smoke-house. These cells are the debtors'; and as we were pa.s.sing out, after visiting a friend, a lame "molatto-fellow" with scarcely rags to cover his nakedness, and filthy beyond description, stood at what was called the kitchen door. "That poor dejected object," said our friend, "is the cook. He is in for misdemeanor-one of the peculiar shades of it, for which a n.i.g.g.e.r is honored with the jail." "It seems, then, that cooking is a punishment in Charleston, and the negro is undergoing the penalty," said we. "Yes!" said our friend; "but the poor fellow has a sovereign consolation, which few n.i.g.g.e.rs in Charleston can boast of-and none of the prisoners here have-he can get enough to eat."

The poor fellow held out his hand as we pa.s.sed him, and said, "Ma.s.sa, gin poor Abe a piece o' 'bacca'?" We freely gave him all in our possession.

On the left side, after pa.s.sing the main iron door, are the jailer's apartments. Pa.s.sing through another iron door, you ascend a narrow, crooked stairs and reach the second story; here are some eight or nine miserable cells-some large and some small-badly ventilated, and entirely dest.i.tute of any kind of furniture: and if they are badly ventilated for summer, they are equally badly provided with means to warm them in winter. In one of these rooms were nine or ten persons, when we visited it; and such was the morbid stench escaping from it, that we were compelled to put our handkerchiefs to our faces. This floor is appropriated for such crimes as a.s.sault and battery; a.s.sault and battery, with intent to kill; refractory seamen; deserters; violating the statutes; suspicion of arson and murder; witnesses; all sorts of crimes, varying from the debtor to the positive murderer, burglar, and felon. We should have enumerated, among the rest, all stewards, (colored,) whether foreign or domestic, who are committed on that singular charge, "contrary to law." And it should have been added, even though cast away upon our "hospitable sh.o.r.es." Among all these different shades of criminals, there must be some very bad men. And we could recount three who were pointed out to us, as very dangerous men, yet were allowed the favor of this floor and its a.s.sociations. One was an Irish sailor, who was sentenced to three years and nine months'

imprisonment by the United States court, for revolt and a desperate attempt to murder the captain of a ship; the next was a German, a soldier in the United States army, sentenced to one year and eight months' imprisonment for killing his comrade; and the third was an English sailor, who killed a woman-but as she happened to be of doubtful character, the presiding judge of the sessions sentenced him to a light imprisonment, which the Governor very condescendingly pardoned after a few weeks.

The two former acted as attendants, or deputy jailers; with the exception of turning the key, which privilege the jailer reserved for himself exclusively. The principle may seem a strange one, that places men confined upon such grave charges in a superior position over prisoners; and may be questionable with regard to the discipline itself.

From this floor, another iron door opened, and a winding pa.s.sage led into the third and upper story, where a third iron door opened into a vestibule, on the right and left of which were grated doors secured with heavy bolts and bars. These opened into narrow portals with dark, gloomy cells on each side. In the floor of each of these cells was a large iron ring-bolt, doubtless intended to chain refractory prisoners to; but we were informed that such prisoners were kept in close stone cells, in the yard, which were commonly occupied by negroes and those condemned to capital punishment. The ominous name of this third story was "Mount Rascal," intended, no doubt, as significant of the cla.s.s of prisoners it contained. It is said that genius is never idle: the floor of these cells bore some evidence of the fact in a variety of very fine specimens of carving and flourish work, done with a knife. Among them was a well-executed crucifix; with the Redeemer, on Calvary-an emblem of hope, showing how the man marked the weary moments of his durance. We spoke with many of the prisoners, and heard their different stories, some of which were really painful. Their crimes were variously stated, from that of murder, arson, and picking pockets, down to the felon who had stolen a pair of shoes to cover his feet; one had stolen a pair of pantaloons, and a little boy had stolen a few door-keys. Three boys were undergoing their sentence for murder. A man of genteel appearance, who had been sentenced to three years imprisonment, and to receive two hundred and twenty lashes in the market, at different periods, complained bitterly of the injustice of his case. Some had been flogged in the market, and were awaiting their time to be flogged again and discharged; and others were confined on suspicion, and had been kept in this close durance for more than six months, awaiting trial. We noticed that this worst of injustice, "the law's delay," was felt worse by those confined on the suspicion of some paltry theft, who, even were they found guilty by a jury, would not have been subjected to more than one week imprisonment.

Yet such was the adherence to that ancient system of English criminal jurisprudence, that it was almost impossible for the most innocent person to get a hearing, except at the regular sessions, "which sit seldom, and with large intervals between." There is indeed a city court in Charleston, somewhat more modern in its jurisprudence than the sessions. It has its city sheriff, and its city officers, and holds its terms more frequently. Thus is Charleston doubly provided with sheriffs and officials. Both aspire to a distinct jurisdiction in civil and criminal cases. Prisoners seem mere shuttlec.o.c.ks between the sheriffs, with a decided advantage in favor of the county sheriff, who is autocrat in rei over the jail; and any criminal who has the good fortune to get a hearing before the city judge, may consider himself under special obligation to the county sheriff for the favor.

We noticed these cells were much cleaner than those below, yet there was a fetid smell escaping from them. This we found arose from the tubs being allowed to stand in the rooms, where the criminals were closely confined, for twenty-four hours, which, with the action of the damp, heated atmosphere of that climate, was of itself enough to breed contagion. We spoke of the want of ventilation and the noxious fumes that seemed almost pestilential, but they seemed to have become habituated to it, and told us that the rooms on the south side were lighter and more comfortable. Many of them spoke cheerfully, and endeavored to restrain their feelings, but the furrows upon their haggard countenances needed no tongue to utter its tale.

Hunger was the great grievance of which they complained; and if their stories were true--and we afterward had strong proofs that they were--there was a wanton disregard of common humanity, and an abuse of power the most reprehensible. The allowance per day was a loaf of bad bread, weighing about nine ounces, and a pint of thin, repulsive soup, so nauseous that only the most necessitated appet.i.te could be forced to receive it, merely to sustain animal life. This was served in a dirty-looking tin pan, without even a spoon to serve it. One man told us that he had subsisted on bread and water for nearly five weeks-that he had lain down to sleep in the afternoon and dreamed that he was devouring some wholesome nourishment to stay the cravings of his appet.i.te, and awoke to grieve that it was but a dream. In this manner his appet.i.te was doubly aggravated, yet he could get nothing to appease its wants until the next morning. To add to this cruelty, we found two men in close confinement, the most emaciated and abject specimens of humanity we have ever beheld. We asked ourselves, "Lord G.o.d! was it to be that humanity should descend so low?" The first was a forlorn, dejected-looking creature, with a downcast countenance, containing little of the human to mark his features. His face was covered with hair, and so completely matted with dirt and made fiendish by the tufts of coa.r.s.e hair that hung over his forehead, that a thrill of horror invaded our feelings. He had no shoes on his feet; and a pair of ragged pantaloons, and the shreds of a striped shirt without sleeves, secured around the waist with a string, made his only clothing. In truth, he had scarce enough on to cover his nakedness, and that so filthy and swarming with vermin, that he kept his shoulders and hands busily employed; while his skin was so incrusted with dirt as to leave no trace of its original complexion. In this manner he was kept closely confined, and was more like a wild beast who saw none but his keepers when they came to throw him his feed. Whether he was kept in this manner for his dark deeds or to cover the shame of those who speculated upon his misery, we leave to the judgment of the reader.

We asked this poor mortal what he had done to merit such a punishment?

He held his head down, and motioned his fevered lips. "Speak out!" said we, "perhaps we can get you out." "I had no shoes, and I took a pair of boots from the gentleman I worked with," said he in a low, murmuring tone,

"Gracious, man!" said we, "a pair of boots! and is that all you are here for?"

"Yes, sir! he lives on the wharf, is very wealthy, and is a good man: 't wasn't his fault, because he tried to get me out if I'd pay for the boots, but they wouldn't let him."

"And how long have you been thus confined?" said we.

"Better than five months-but it's because there a'n't room up stairs.

They've been promising me some clothes for a long time, but they don't come," he continued.

"And how much longer have you to stop in this condition?"

"Well, they say 'at court sets in October; it's somethin' like two months off; the grand jury'll visit the jail then, and maybe they'll find a bill' against me, and I'll be tried. I dont't care if they only don't flog me in that fish-market."

"Then you have not been tried yet? Well, may G.o.d give that man peace to enjoy his bounty, who would consign a poor object like thee to such cruelty!" said we.

"I was raised in Charleston-can neither read nor write-I have no father, and my mother is crazy in the poor-house, and I work about the city for a living, when I'm out!" said he. There was food for reflection in this poor fellow's simple story, which we found to be correct, as corroborated by the jailer.

"Do you get enough to eat?" we asked.

"Oh no, indeed! I could eat twice as much-that's the worst on't: 't wouldn't be bad only for that. I git me loaf' in the mornin', and me soup at twelve, but I don't git nothin' to eat at night, and a feller's mighty hungry afore it's time to lay down," said he.

We looked around the room, and not seeing any thing to sleep upon, curiosity led us to ask him where he slept.

"The jail allows us a blanket-that's mine in the corner: I spread it at night when I wants to go to bed," he answered, quite contentedly. We left the poor wretch, for our feelings could withstand it no longer. The state of society that would thus reduce a human being, needed more pity than the calloused bones reduced to such a bed. His name was Bergen.

The other was a young Irishman, who had been dragged to jail in his shirt, pantaloons, and hat, on suspicion of having stolen seven dollars from a comrade. He had been in jail very near four months, and in regard to filth and vermin was a counterpart of the other. A death-like smell, so offensive that we stopped upon the threshold, escaped from the room as soon as the door opened, enough to destroy a common const.i.tution, which his emaciated limbs bore the strongest evidence of.