<SPAN name="Eight" id="Eight"></SPAN><hr />
<span class="pagenum"><SPAN name="Page_65" id="Page_65">[65]</SPAN></span><br/>
<h3><i>Eight</i></h3>
<br/>
<p>When the colonel set out next morning for a walk down the main street,
he had just breakfasted on boiled brook trout, fresh laid eggs, hot
muffins and coffee, and was feeling at peace with all mankind. He was
alone, having left Phil in charge of the hotel housekeeper. He had
gone only a short distance when he reached a door around which several
men were lounging, and from which came the sound of voices and loud
laughter. Stopping, he looked with some curiosity into the door, over
which there was a faded sign to indicate that it was the office of a
Justice of the Peace—a pleasing collocation of words, to those who
could divorce it from any technical significance—Justice, Peace—the
seed and the flower of civilisation.</p>
<p>An unwashed, dingy-faced young negro, clothed in rags unspeakably
vile, which scarcely concealed his nakedness, was standing in the
midst of a group of white men, toward whom he threw now and then <span class="pagenum"><SPAN name="Page_66" id="Page_66">[66]</SPAN></span>a
shallow and shifty glance. The air was heavy with the odour of stale
tobacco, and the floor dotted with discarded portions of the weed. A
white man stood beside a desk and was addressing the audience:</p>
<p>"Now, gentlemen, here's Lot Number Three, a likely young nigger who
answers to the name of Sam Brown. Not much to look at, but will make a
good field hand, if looked after right and kept away from liquor; used
to workin', when in the chain gang, where he's been, off and on, since
he was ten years old. Amount of fine an' costs thirty-seven dollars
an' a half. A musical nigger, too, who plays the banjo, an' sings jus'
like a—like a blackbird. What am I bid for this prime lot?"</p>
<p>The negro threw a dull glance around the crowd with an air of
detachment which seemed to say that he was not at all interested in
the proceedings. The colonel viewed the scene with something more than
curious interest. The fellow looked like an habitual criminal, or at
least like a confirmed loafer. This must be one of the idle and
worthless blacks with so many of whom the South was afflicted. This
was doubtless the method provided by law for dealing with them.</p>
<p>"One year," answered a voice.</p>
<p>"Nine months," said a second.</p>
<p>"Six months," came a third bid, from a tall man with a buggy whip
under his arm.</p>
<p>"Are you all through, gentlemen? Six months' labour for thirty-seven
fifty is mighty cheap, and you know the law allows you to keep the
labourer up to the mark. Are you all done? Sold to Mr. Turner, for Mr.
Fetters, for six months."</p>
<p>The prisoner's dull face showed some signs of apprehension when the
name of his purchaser was pronounced, and he shambled away uneasily
under the constable's vigilant eye.</p>
<p>"The case of the State against Bud Johnson is next in order. Bring in
the prisoner."</p>
<p>The constable brought in the prisoner, handcuffed, and placed him <span class="pagenum"><SPAN name="Page_67" id="Page_67">[67]</SPAN></span>in
front of the Justice's desk, where he remained standing. He was a
short, powerfully built negro, seemingly of pure blood, with a
well-rounded head, not unduly low in the brow and quite broad between
the ears. Under different circumstances his countenance might have
been pleasing; at present it was set in an expression of angry
defiance. He had walked with a slight limp, there were several
contusions upon his face; and upon entering the room he had thrown a
defiant glance around him, which had not quailed even before the stern
eye of the tall man, Turner, who, as the agent of the absent Fetters,
had bid on Sam Brown. His face then hardened into the blank expression
of one who stands in a hostile presence.</p>
<p>"Bud Johnson," said the justice, "you are charged with escaping from
the service into which you were sold to pay the fine and costs on a
charge of vagrancy. What do you plead—guilty or not guilty?"</p>
<p>The prisoner maintained a sullen silence.</p>
<p>"I'll enter a plea of not guilty. The record of this court shows that
you were convicted of vagrancy on December 26th, and sold to Mr.
Fetters for four months to pay your fine and costs. The four months
won't be up for a week. Mr. Turner may be sworn."</p>
<p>Turner swore to Bud's escape and his pursuit. Haines testified to his
capture.</p>
<p>"Have you anything to say?" asked the justice.</p>
<p>"What's de use er my sayin' anything," muttered the Negro. "It won't
make no diff'ence. I didn' do nothin', in de fus' place, ter be fine'
fer, an' run away 'cause dey did n' have no right ter keep me dere."</p>
<p>"Guilty. Twenty-five dollars an' costs. You are also charged with
resisting the officer who made the arrest. Guilty or not guilty? Since
you don't speak, I'll enter a plea of not guilty. Mr. Haines may be
sworn."</p>
<p>Haines swore that the prisoner had resisted arrest, and had only <span class="pagenum"><SPAN name="Page_68" id="Page_68">[68]</SPAN></span>been
captured by the display of a loaded revolver. The prisoner was
convicted and fined twenty-five dollars and costs for this second
offense.</p>
<p>The third charge, for disorderly conduct in prison, was quickly
disposed of, and a fine of twenty-five dollars and costs levied.</p>
<p>"You may consider yo'self lucky," said the magistrate, "that Mr.
Haines didn't prefer a mo' serious charge against you. Many a nigger
has gone to the gallows for less. And now, gentlemen, I want to clean
this case up right here. How much time is offered for the fine and
costs of the prisoner, Bud Johnson, amounting to seventy-five dollars
fine and thirty-three dollars and fifty-fo' cents costs? You've heard
the evidence an' you see the nigger. Ef there ain't much competition
for his services and the time is a long one, he'll have his own
stubbornness an' deviltry to thank for it. He's strong and healthy and
able to do good work for any one that can manage him."</p>
<p>There was no immediate response. Turner walked forward and viewed the
prisoner from head to foot with a coldly sneering look.</p>
<p>"Well, Bud," he said, "I reckon we'll hafter try it ag'in. I have
never yet allowed a nigger to git the better o' me, an', moreover, I
never will. I'll bid eighteen months, Squire; an' that's all he's
worth, with his keep."</p>
<p>There was no competition, and the prisoner was knocked down to Turner,
for Fetters, for eighteen months.</p>
<p>"Lock 'im up till I'm ready to go, Bill," said Turner to the
constable, "an' just leave the irons on him. I'll fetch 'em back next
time I come to town."</p>
<p>The unconscious brutality of the proceeding grated harshly upon the
colonel's nerves. Delinquents of some kind these men must be, who were
thus dealt with; but he had lived away from the South so long that so
sudden an introduction to some of its customs came with something of a
shock. He had remembered the pleasant things, and these but vaguely,
since his thoughts and his interests had been <span class="pagenum"><SPAN name="Page_69" id="Page_69">[69]</SPAN></span>elsewhere; and in the
sifting process of a healthy memory he had forgotten the disagreeable
things altogether. He had found the pleasant things still in
existence, faded but still fragrant. Fresh from a land of labour
unions, and of struggle for wealth and power, of strivings first for
equality with those above, and, this attained, for a point of vantage
to look down upon former equals, he had found in old Peter, only the
day before, a touching loyalty to a family from which he could no
longer expect anything in return. Fresh from a land of women's clubs
and women's claims, he had reveled last night in the charming
domestic, life of the old South, so perfectly preserved in a quiet
household. Things Southern, as he had already reflected, lived long
and died hard, and these things which he saw now in the clear light of
day, were also of the South, and singularly suggestive of other things
Southern which he had supposed outlawed and discarded long ago.</p>
<p>"Now, Mr. Haines, bring in the next lot," said the Squire.</p>
<p>The constable led out an old coloured man, clad in a quaint assortment
of tattered garments, whom the colonel did not for a moment recognise,
not having, from where he stood, a full view of the prisoner's face.</p>
<p>"Gentlemen, I now call yo'r attention to Lot Number Fo', left over
from befo' the wah; not much for looks, but respectful and obedient,
and accustomed, for some time past, to eat very little. Can be made
useful in many ways—can feed the chickens, take care of the children,
or would make a good skeercrow. What I am bid, gentlemen, for ol'
Peter French? The amount due the co't is twenty-fo' dollahs and a
half."</p>
<p>There was some laughter at the Squire's facetiousness. Turner, who had
bid on the young and strong men, turned away unconcernedly.</p>
<p>"You'd 'a' made a good auctioneer, Squire," said the one-armed man.</p>
<p>"Thank you, Mr. Pearsall. How much am I offered for this bargain?"</p>
<p><span class="pagenum"><SPAN name="Page_70" id="Page_70">[70]</SPAN></span>"He'd be dear at any price," said one.</p>
<p>"It's a great risk," observed a second.</p>
<p>"Ten yeahs," said a third.</p>
<p>"You're takin' big chances, Mr. Bennet," said another. "He'll die in
five, and you'll have to bury him."</p>
<p>"I withdraw the bid," said Mr. Bennet promptly.</p>
<p>"Two yeahs," said another.</p>
<p>The colonel was boiling over with indignation. His interest in the
fate of the other prisoners had been merely abstract; in old Peter's
case it assumed a personal aspect. He forced himself into the room and
to the front.</p>
<p>"May I ask the meaning of this proceeding?" he demanded.</p>
<p>"Well, suh," replied the Justice, "I don't know who you are, or what
right you have to interfere, but this is the sale of a vagrant nigger,
with no visible means of suppo't. Perhaps, since you're interested,
you'd like to bid on 'im. Are you from the No'th, likely?"</p>
<p>"Yes."</p>
<p>"I thought, suh, that you looked like a No'the'n man. That bein' so,
doubtless you'd like somethin' on the Uncle Tom order. Old Peter's
fine is twenty dollars, and the costs fo' dollars and a half. The
prisoner's time is sold to whoever pays his fine and allows him the
shortest time to work it out. When his time's up, he goes free."</p>
<p>"And what has old Peter done to deserve a fine of twenty dollars—more
money than he perhaps has ever had at any one time?"</p>
<p>"'Deed, it is, Mars Henry, 'deed it is!" exclaimed Peter, fervently.</p>
<p>"Peter has not been able," replied the magistrate, "to show this co't
that he has reg'lar employment, or means of suppo't, and he was
therefore tried and convicted yesterday evenin' of vagrancy, under our
State law. The fine is intended to discourage laziness and to promote
industry. Do you want to bid, suh? I'm offered two yeahs, gentlemen,
for old Peter French? Does anybody wish to make it less?"</p>
<p><span class="pagenum"><SPAN name="Page_71" id="Page_71">[71]</SPAN></span>"I'll pay the fine," said the colonel, "let him go."</p>
<p>"I beg yo' pahdon, suh, but that wouldn't fulfil the requi'ments of
the law. He'd be subject to arrest again immediately. Somebody must
take the responsibility for his keep."</p>
<p>"I'll look after him," said the colonel shortly.</p>
<p>"In order to keep the docket straight," said the justice, "I should
want to note yo' bid. How long shall I say?"</p>
<p>"Say what you like," said the colonel, drawing out his pocketbook.</p>
<p>"You don't care to bid, Mr. Turner?" asked the justice.</p>
<p>"Not by a damn sight," replied Turner, with native elegance. "I buy
niggers to work, not to bury."</p>
<p>"I withdraw my bid in favour of the gentleman," said the two-year
bidder.</p>
<p>"Thank you," said the colonel.</p>
<p>"Remember, suh," said the justice to the colonel, "that you are
responsible for his keep as well as entitled to his labour, for the
period of your bid. How long shall I make it?"</p>
<p>"As long as you please," said the colonel impatiently.</p>
<p>"Sold," said the justice, bringing down his gavel, "for life, to—what
name, suh?"</p>
<p>"French—Henry French."</p>
<p>There was some manifestation of interest in the crowd; and the colonel
was stared at with undisguised curiosity as he paid the fine and
costs, which included two dollars for two meals in the guardhouse, and
walked away with his purchase—a purchase which his father had made,
upon terms not very different, fifty years before.</p>
<p>"One of the old Frenches," I reckon, said a bystander, "come back on a
visit."</p>
<p>"Yes," said another, "old 'ristocrats roun' here. Well, they ought to
take keer of their old niggers. They got all the good out of 'em when
they were young. But they're not runnin' things now."</p>
<p><span class="pagenum"><SPAN name="Page_72" id="Page_72">[72]</SPAN></span>An hour later the colonel, driving leisurely about the outskirts of
the town and seeking to connect his memories more closely with the
scenes around him, met a buggy in which sat the man Turner. After the
buggy, tied behind one another to a rope, like a coffle of slaves,
marched the three Negroes whose time he had bought at the constable's
sale. Among them, of course, was the young man who had been called Bud
Johnson. The colonel observed that this Negro's face, when turned
toward the white man in front of him, expressed a fierce hatred, as of
some wild thing of the woods, which finding itself trapped and
betrayed, would go to any length to injure its captor.</p>
<p>Turner passed the colonel with no sign of recognition or greeting.</p>
<p>Bud Johnson evidently recognised the friendly gentleman who had
interfered in Peter's case. He threw toward the colonel a look which
resembled an appeal; but it was involuntary, and lasted but a moment,
and, when the prisoner became conscious of it, and realised its
uselessness, it faded into the former expression.</p>
<p>What the man's story was, the colonel did not know, nor what were his
deserts. But the events of the day had furnished food for reflection.
Evidently Clarendon needed new light and leading. Men, even black men,
with something to live for, and with work at living wages, would
scarcely prefer an enforced servitude in ropes and chains. And the
punishment had scarcely seemed to fit the crime. He had observed no
great zeal for work among the white people since he came to town; such
work as he had seen done was mostly performed by Negroes. If idleness
were a crime, the Negroes surely had no monopoly of it.</p>
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