CHAPTER XII. JUDGE FREESE'S "BAYONET COURT" OTHER POWERS, AND HOW
EXERCISED.
HARDLY had the Provost-Court at Alexandria been organized before reporters for Northern journals began to call upon the General and upon the Judge for details of its doings, and soon thereafter reports, to a slight extent, of its operations began to appear in some journals under the caption of Judge Freese's "Bayonet Court"—the same as placed at the head of this chapter. One illustrated paper of New York city had a full-page cut, representing the Judge upon the bench in military uniform, with his clerk sitting at his right, and his sword laying upon the desk at his left, with guards standing at attention, each with musket and fixed bayonet; with a score or more of prisoners in the dock, all with woebegone faces; with the Provost-Marshal, in full uniform, standing in front of the Judge, awaiting his orders; with lookers-on all about; and with all the other paraphernalia of a crowded city court-room.
It was not for show, by any means, that the Judge rode to the court in uniform, with loaded revolvers in his holsters; nor was it for show that he sat upon the bench in uniform, and had guards about him with loaded muskets and fixed bayonets. Almost from the day that the court commenced its sittings, the secessionists who remained in Alexandria began to sneer at the court, and some even went so far as to threaten the Judge with assassination.
These facts were communicated to the Judge by friends, and through secret detectives, whom the Provost-Marshal had employed to watch every movement in the city. It was, therefore, literally true that the Judge "carried his life in his hand" every moment, and was liable to assault and attempted assassination every time he rode to the court-room, every time he took his seat upon the bench, every time he walked the streets. But a still greater reason for this display of power, and of constant readiness to meet every emergency, was, that the inhabitants of the city might be impressed with the power of the court, and the source from which it derived that power—namely, the military. Without such impression of power among the citizens, the orders of the court would not have been respected and obeyed, and twice, if not four times, the number of guards would have been needed to enforce its orders and maintain quiet in the city. To relate a few of the cases which came before the court, under this particular head, will better illustrate the facts above stated than any amount of theorizing.
One day, the General informed the Judge that, as he was passing along King Street, two females, dressed as ladies, overtook and passed him, and, as they passed, they gathered up their skirts and held them from him, and made other signs of derision and contempt, as though he, the General, was the vilest of all vile creatures. After they had passed, he inquired of a citizen and learned that they were the wives of two noted secessionists, who still remained in the city.
About the same time several officers, and quite a number of the guards, told the Judge that, while the men of the city treated them with entire respect, the women and the children of secession citizens insulted them almost daily—the women by various acts of contempt, and the children by calling them vile names and throwing stones at them. They had borne, they said, these things a long time without seeming to notice them, and without complaint; but the longer and more they forbore, the oftener and viler became the insults, and they could stand it no longer without making complaint to the court.
The Judge thereupon announced in open court, that from thenceforth any woman, or any child, who offered an insult, or threw a stone or other missile at any officer or soldier upon the public streets, should be promptly arrested and inquired of as to who was their husband, father, brother, or other near male relative. That, if the guard making the arrest was not entirely satisfied as to the truthfulness of the answers made, the woman or child should be at once brought to the office of the Provost-Marshal or of the Judge, for such further questioning and disposition as either might deem proper in the case. That, upon ascertaining, without doubt, the name and whereabouts of the husband, father, or brother, the woman or child should be dismissed, and the husband, father, or brother of the one offending should be immediately arrested, locked up in jail until next day, and then brought before the court for trial and sentence. Or, if the woman arrested proved to be a courtesan, or, if the child had no father or adult brother who could answer for him or her, then the woman herself, or the child, should be locked up in jail until the next day, and then brought before the court for trial and sentence.
Within twenty-four hours after this order was promulgated from the bench, it was known to every man, woman, and half-grown child of the city. Of course, there were deep mutterings, some cursing, and not a few threats, especially against Judge Freese, but the effect was wonderful and immediate. So wholesome a dread did it produce on the minds of those who had been offering such insults, daily, and almost every hour of the day, that there was only one instance in which the order had to be executed. That was the case of a child, who called vile names and threw stones at one of the guards, while at his post. The child was promptly arrested, the name of his father ascertained, the child dismissed, and the father at once arrested and locked up until next day. When brought before the court, the father proved one of the most pronounced secessionists of the city, and, instead of apologizing for the rude acts of his son, rather approved of what he had done. The Judge tried to reason with him as to the impropriety of such conduct towards any one, and especially towards a guard, whose duty and business it was to protect the lives and property of secessionists no less than of Unionists. But the longer the Judge reasoned, the more obstinate the defendant became, until finally the Judge said he would have to make a slight example in his case, and thereupon sentenced him to ten days in the county jail—promising that the next person arrested for a like offence should receive a sentence doubly, if not quadruply, as great. The news of the arrest and sentence was speedily known in every house of the city, and from thenceforth no other arrest was necessary for a like offence. The recognized power of the court had done the work, with but one arrest and punishment as an example. But for this recognized power, at least a hundred arrests would have been needed before the evil could have been abated.
Another instance of the recognition of the power of the court was as follows: One of the Episcopal ministers of the city was known to be in the habit of omitting the prayer for the President of the United States, found in the morning service of the Episcopal prayer-book. The fact was told to the Provost-judge, and he was asked by some over-zealous Unionists to send a note to the minister, requiring him to use the prayer, or be subject to arrest in case he refused. The Judge declined to do any such thing—telling his informants, that whether the minister used that prayer or not was purely a matter of conscience, and that it was no part of his business, or the business of his court, to interfere in matters of conscience; that he fully agreed with Roger Williams in the opinion, that the civil or military authorities of a town, city, or state, "have no more right to command over the souls and consciences of their subjects than the master of a ship has over those of his passengers or the sailors under him, although he may justly see to the labor of the one, and the civil behavior of all in the ship;" that so long as the Episcopal minister, and those who attended his church, deported themselves as quiet citizens, attending to their own affairs and not interfering with the affairs of others, no matter what might be their sentiments on religious or political affairs, they were entitled to protection in their persons and property, and should have it.
Those who reported the minister and desired his arrest were not at all pleased with Judge Freese's reply, and tried hard to get up some feeling against him among the Union men of the city; but utterly failed in the attempt. The Judge's Union sentiments were too well known, and had been too often tested, to allow any one who knew him to doubt him for a moment. Failing to make any impression against the Judge among the Union men of the city, these over-zealous busybodies next tried their hands among the officers of troops which lay about the city. It chanced, just at that time, that a regiment of Illinois cavalry was encamped on the outskirts of the city, whose officers were known to be among the most violent abolitionists of the country; men who believed, or pretended to believe, that no man who lived in a slave State had any rights which a Union man was bound to respect—not even the right of conscience. To these officers these busybodies told the story about the Episcopal minister omitting the prayer for the President in the morning service of the prayer-book; and also of their having told the whole thing to Judge Freese, and of his refusing to issue an order to the minister to use the prayer or be subject to arrest.
One of their listeners, the Lieutenant-Colonel of the regiment, became so interested in their story as to volunteer at once to bring the recusant minister to speedy justice; nor did he care "a snap of his finger for Judge Freese, or for any other judge." Several other officers of the regiment volunteered to join him, and the plan agreed upon was that, on the following Sabbath, they would all attend the Episcopal service, and when the Rev. Doctor came to the part where the prayer for the President occurs, in the "morning service," if he failed to read it, the Lieutenant-Colonel would arise in his seat and demand that it be read, and if the minister refused, then to arrest him, and take him to the general headquarters. According to appointment, the Lieutenant-Colonel and his friends were at the church on the following Sabbath morning. The congregation was not large, but those present seemed to be unusually devout. The sexton had given the Lieutenant-Colonel and his friends seats in about the centre of the church. The service was opened in the usual form. The "general confession" had been repeated, all kneeling; the "declaration of absolution" had been pronounced; the Lord's prayer said in a clear but subdued voice; the "Venite Exultemus Domino" had been sung by the choir; the portion of the Psalms appointed for the day read; the "Te Deum Laudamus" sung; the lesson from the New Testament, according to the calendar, read; the Apostles' Creed repeated; and the prayers were being read, when, all of a sudden, a stentorian voice was heard, saying, "I demand, sir, that you read the prayer for the President of the United States." Had a cannon-ball burst through the walls of the church and fallen upon the floor just at that instant, greater surprise would not have been created. For a moment the minister stopped in his prayers. Part of the congregation arose from their knees to their feet and looked wildly around. Some of the more nervous of the ladies burst into tears. Confusion worse confounded seemed to pervade the whole congregation. So soon as the minister recovered self-possession, he commenced to read the prayer "for the clergy and people," when again a voice, louder than before, sounded throughout the church, saying, "I demand, sir, that you read the prayer for the President of the United States." Again the minister stopped, and again confusion prevailed for some moments. When quiet again prevailed, the minister, without having made any answer whatever to the two former requests, commenced to read the prayer for "all conditions of men," when again the demand to read the prayer for the President was repeated in a still louder and more threatening tone. The minister then arose from his knees, and, looking towards the Lieutenant-Colonel, said, "My conscience will not allow me, at this time, to read that prayer, and the congregation who statedly worship in this church have requested that I should not read it while the war between the North and the South continues."
"Then, sir, you shall read no others while the war continues, and I now arrest you on the charge of treason," said the Lieutenant-Colonel.
This, of course, still further increased the astonishment and confusion of the congregation. For a few moments every one seemed utterly dumbfounded. Meanwhile the Lieutenant-Colonel and his party left their seats, advanced near the altar, and told the minister he must accompany them to the general headquarters. The minister asked whether he might not first go to the vestry-room to lay aside his surplice and gown. The Lieutenant-Colonel answered, "No; come as you are." He then came out from the chancel, joined his arresters, and, in full canonicals, without hat or cap, marched with them through the streets, several squares, to the general headquarters.
All this had been done without any knowledge whatever on the part of General Montgomery or Judge Freese, nor could any two have been more astonished than they were on seeing the minister and hearing the story of his arrest. The General was annoyed beyond measure, and, for a time, hardly knew what to say or to do. The Judge was decidedly more self-possessed, but, of course, said nothing. The General, turning to the Judge, asked him if he had heard anything of the case before. The Judge then told the General all that he had known, and all that he had said about it, as has been heretofore detailed. As he, the Judge, had done nothing, and had refused to do anything, concerning it, of course he had made no report of it to the General, since there was nothing to report. The General, turning to the Lieutenant-Colonel and his party, said that he entirely agreed in sentiment with his Assistant Adjutant-General; that there was no reason, not the slightest, for the arrest of this minister; that every officer engaged in the arrest had made himself liable to be put in arrest, and tried by court-martial, for doing that which he had no right to do as a military man; and that the minister, upon complaint to the Provost-Judge, might have every one of them arrested and tried by the Provost-Court for assault and for a disturbance of public services. In conclusion, the General discharged the minister from arrest and told him that he might go to his own home, when, turning to the cavalry officers, he said, "The sooner you can get back to your own quarters, and the closer you remain there hereafter, the better will it be for you."
As might have been expected, all this created a great amount of excitement on the streets and about the headquarters. The minister in his white robes, in charge of several officers in full uniform, and with the entire congregation following after, was such a sight as had never been seen in Alexandria before. Everybody—men, women, and children—who saw it, followed after, until, when the headquarters were reached, there were several hundred persons present. When the General's decision in the case became known to the crowd, there was a general approval, as much among Unionists as among secessionists; but to this there were some exceptions. The officers and their informers, who had been balked in their mad purposes, felt chagrined and angry, and left the headquarters with scowling faces, as though still bent on mischief. The General and the Judge went to their private quarters, in a building across the street, nearly opposite to the general headquarters. They supposed the trouble ended, and that they should hear nothing more of it.
In about an hour thereafter, when the General and the Judge had just risen from their mess-table, an orderly came rushing into their quarters, to say that a large crowd of cavalry officers, soldiers, and citizens were gathered about the Episcopal church, on E Street (the one in which the minister had been arrested), and that they were threatening to burn it. The General at once buckled on his sword, and told his Adjutant to do the same. Both put their revolvers in their belts. The Judge then told the orderly to hasten to the Provost-Marshal's office, and tell him to come himself, and bring as many officers and men with him as possible to the Episcopal church on E Street,'and there await further orders from the General or himself. The General and the Judge then went to the church in all possible haste, and found, as had been told them, several hundred soldiers and citizens gathered about it. In a little while after, the Provost-Marshal, with a considerable number of his guard, appeared on the ground. "Burn it! burn it! burn it!" with intermingling oaths, could be heard every now and then from the mouths of half-crazed cavalry soldiers. The General and the Judge worked their way through the crowd, and took their stations directly in front of the church. The Provost-Marshal and his guard also worked their way through the crowd to the same place. The General then told the Judge to command the peace, in as loud a voice as he could. The Judge did so, and then added, "If any one attempts to set fire to this church, he will be shot down at once—and all persons, whether soldiers or citizens, who are found within five hundred yards of this church building after thirty minutes shall have expired, will be arrested by the provost-guard, put in jail until to-morrow, and then brought before the Provost-Court for disturbing the peace and violating the sanctity of the Sabbath." Scarcely had the Judge finished his proclamation, before the crowd commenced to move off, and before the thirty minutes had expired not a soldier or citizen could be seen on the street, save the General and his party. Guards were then stationed at every approach to the church, with orders that they should be regularly relieved and the stations maintained until otherwise ordered.
There was no other attempt to set fire to that church, nor to any other in Alexandria, after that, so long as "Judge Freese's bayonet court" continued to have an existence—nor could there have been a more signal instance to exemplify the acknowledged power of the court than the one just related. The cavalry regiment spoken of numbered over one thousand officers and men, nearly every one of whom held sentiments much the same, if not precisely the same, as the Lieutenant-Colonel. Within a circle of a few miles were dozens of other regiments, nearly all of whom held similar sentiments. Had that one church been burned on that day, probably every other church and two-thirds of all the buildings in the city would have been burned during the following thirty days. To prevent that church from being burned, there were present not more than fifty officers and men, as against at least one thousand of an opposite sentiment. In physical power the one was as nothing to the other; but, after the Judge had finished his announcement, there was not one of the thousand who stopped for a moment to question the power of which the Judge was the representative. Had a like power existed, and had a like power been exercised in other cities of the South occupied by Union troops, how many millions upon millions of dollars' worth of property might have been saved from the flames!
We will give only one other instance under this head, though, if time and space permitted, it would be easy to give scores.
Mr. D. lived upon one of the most fashionable streets of Alexandria, and his family had long been regarded as among the F. F. V.'s of the State. He owned lands in other parts of Virginia on which he had a large number of slaves, and always kept a few at his Alexandria residence to wait upon his family. For some cause Mr. D. did not leave Alexandria when other secessionists left, though he took the precaution to send all his slaves away except two, both females—mother and daughter—the one about forty, the other about twenty years of age.
Mr. H. lived next door to Mr. D., and though a Northern man by birth, had long been a resident and merchant of Alexandria. He had always been conscientiously opposed to owning slaves, though he had hired them of others as family servants ever since his residence in the city. The families of Messrs. D. and H. had long been on the most friendly terms, and continued so, notwithstanding the war, up to the very day on which the incident occurred which we are now about to relate.
For some weeks previous to this day, Mrs. H. had occasionally heard terrible, unearthly screams next door, and had wondered again and again what on earth it could mean. She had mentioned the fact to her husband, and he had suggested that it was probably the cry of servants being punished; but being upon the most friendly terms, as before stated, with their neighbors, they could not, and did not, say a word about it to others. Thus matters went on until the day in question. Again Mrs. H. heard the same fearful, heart-rending cries, and they continued on and on until her very heart grew sick and faint. Just then she heard some one calling her name loudly from the back yard of the next building, and, stepping to the window, saw the elder of Mrs. D.'s two servants wringing her hands and crying out:
"Oh, come, Mrs. H., come quickly! come quickly! They are killing my child! they are killing my child!"
Tears were pouring in a stream from the poor mothers eyes, and it seemed as though her very heart would break from anguish. Mrs. H. could stand it no longer, and stepping out on her own back porch, which adjoined that of Mrs. D.'s, called out for Mrs. D., and when she appeared, asked her what was the cause of such awful screaming.
"Oh, nothing, nothing," answered Mrs. D. "It's only Jane, whom Mr. D. is punishing for looking out of the windows at the soldiers as they pass. I have told her again and again that she should not do it, and yet she will persist in it."
"But," said Mrs. H., "was that all? Surely a young girl like her could hardly do otherwise than look out of the windows when she heard music and saw soldiers passing? Did she do nothing else, Mrs. D.?"
"No, nothing else," answered Mrs. D.; "but Mr. D. says if she and her mother are allowed to look out of the windows at the soldiers, they will soon be wanting to run away, and therefore we must not allow them to look out."
"They don't neglect their work, do they, Mrs. D.?" asked Mrs. H.
"Oh, no," answered Mrs. D. "They are both most excellent servants, and never neglect their work; but hav-ing these Yankee soldiers in the city will, we fear, make them want to run away, and it is only to prevent them from getting any such foolish notion in their heads that we have forbid them to look out at the windows."
"Have you had to punish them often for disobeying the order?" asked Mrs. H.
"Oh, no, not often," answered Mrs. D. "This is only the fifth time, I think, that Mr. D. has had to whip Jane since the Yankee soldiers came into the city, and her mother has only needed three punishments for the same offence. Take them all in all, there are, I think, few better servants in Alexandria than Jane and Mary."
This ended the conversation between the two ladies at that time, and Mrs. H. returned to her own parlors a sadder, if not a wiser, woman. Within a half hour Mrs. H. heard still louder and more piercing cries, and the voice this time was plainly that of Jane's mother. Stepping to and opening one of her back parlor-windows, she could distinctly hear the conversation between Mr. D. and Mary, which seemed to come from the garret of the house, the back dormer-windows of which chanced to be open.
"Oh, don't kill me, Mr. D., don't kill me! I only called Mrs. H. because I thought you was killing my child—she screamed so terribly! Oh, please don't whip me any more this time, please! My back is still sore from the last whipping you gave me, and every stroke you now give me seems to cut into the flesh like a knife. Oh, please don't whip me any more! please don't! please! please!"
These words from Mary's lips Mrs. H. distinguished as plainly as though they had been spoken at her side, for both Jane and her mother spoke most excellent English, having always been brought up as house servants, and never having imbibed the habit of using the negro dialect. Indeed, in their habits and manners they were quite as ladylike as their mistress, nor could it hardly be otherwise, since both from childhood had been made to wait upon ladies of education and refinement, and could scarcely have failed to imbibe their language and manners. Pathetic as Mary's pleadings were, however, they failed to reach Mr. D.'s heart, for in a moment after Mrs. H. heard the lash again applied, and this time Mary screamed still louder than before. Again and again she could hear the lash descend upon poor Mary's back, and again and again came from her lips the most horrid screechings and the most piteous moans. Finally, Mrs. H. could listen no longer, but, returning to her sitting-room, threw herself upon a lounge and wept as if her very heart would break. Then and there she made a most solemn vow to God that she would give herself no rest until she had rescued Jane and her mother from their heartless, cruel master, nor would she ever try again to live on terms of friendship, much less of intimacy, with Mr. and Mrs. D.
When Mr. H. came home to tea, he observed that his wife had been weeping, and inquired the cause. She then told him all that she had seen and heard during the afternoon, and begged of him, for her sake, for Mary and Jane's sake, for God's sake, to go, immediately after tea, to Judge Freese's quarters and tell him all that had occurred. She was sure, she said, from what she had heard of his court, that he would not permit such heartless barbarities to continue in Alexandria. The husband was deeply impressed with his wife's story, and still more so by the pathetic appeal which she had made to him in behalf of the two servants, and promised to do as she requested, notwithstanding his very great reluctance to break friendship with Mr. and Mrs. D.
Accordingly, after tea, instead of going back to his store he went direct to Judge Freese's quarters and told him the whole story, just as his wife had told it to him. The Judge listened attentively, and, when Mr. H. had finished, said, in a very quiet but in a very determined way, that the case should have his careful and prompt attention. The Judge then told Mr. H. to please bring his wife around to headquarters next morning, that she might make a formal affidavit to what she had seen and heard, after receiving which he would direct the Provost-Mar-shal to arrest Mr. H., and bring him and the two servants before the court at its next sitting. Next morning early Mr. and Mrs. H. went to the general headquarters. The Judge wrote down, as Mrs. H. detailed it, the story as heretofore told, when Mrs. H. added her signature and made affidavit as to its truthfulness. The Judge then sent for the Provost-Marshal, and ordered him to arrest Mr. D. and bring him and the two servants, Mary and Jane, before the court at ten o'clock.
The arrest of so prominent a citizen as Mr. D. spread through the city like wildfire, and, when the court assembled, the court-room was crowded in every part. After all the other prisoners present had been discharged or sentenced, the case of Mr. H. was called. He arose, when his name was called, and said he was there in obedience to the orders of the court, but for what cause he knew not, except—if he had understood the marshal aright—for punishing his own slaves, which, according to the laws of Virginia, he certainly had the right to do. The Judge only replied that he (Mr. D.) would probably understand his rights better after the case had been tried, and then directed that the trial proceed. Mr. D. asked if he could be represented by an attorney.
"Certainly," replied the Judge, "if the attorney will first take the oath of allegiance to the United States Government."
This the attorney present declined to do, and Mr. D. was obliged to act as his own attorney. The first witness called was Mary, the slave-mother. She testified, in response to questions by the court, that she had been born the slave of Mrs. D.'s father, and had lived in his family until Mrs. D. was married, when she had been given to Mrs. D. as her maid or body-servant; that her daughter Jane, then about five years of age, had been given to Mrs. D. at the same time; that she, Mary, had never been married, but when less than twenty years of age had repeatedly been ordered to the bedchamber of Mrs. D.'s father; that Jane was none other than the daughter of Mrs. D.'s own father, and consequently half-sister to Mrs. D. herself; that she had frequently asked her former master and her present mistress for the privilege to learn to read and write, and, when she had learned herself, that she might teach her daughter Jane, but they had always refused, and given as a reason that the laws of Virginia made it a criminal offence to teach a slave to read or write; that both she and her daughter had been generally well treated by Mr. and Mrs. D. until the Union troops came to Alexandria; that since that time both seemed to have entirely changed in their disposition towards her and her daughter; that nothing they could do seemed to please them; that both she and her daughter had been forbidden to go upon the street at any time or upon any occasion, and that finally they had been forbidden to look out of the windows; that they had tried to obey even this order, but, on hearing music and the tramp of passing soldiers, they had sometimes been drawn to the windows unthinkingly; for this one offence and for no other—for Mrs. D. always reported them to her husband, and seemed to take pleasure in doing so whenever she chanced to catch them at a window—Mr. D. had whipped both her and her daughter several times most terribly; that he always took them to the garret, tied a cord around each wrist, threw the cord over a beam and drew them up until their toes just touched the floor, stripped them to the waist, and then with a rawhide gave them as many lashes as he thought they could stand without fainting; that her own back, and her daughter's as well, were so raw and sore that they could hardly wear their dresses; that Mrs. D. always encouraged these whippings, and that neither she nor her husband ever manifested the least sympathy with their subsequent sufferings; that neither she nor her daughter had ever made an attempt to escape from bondage, nor had either of them ever threatened their master or mistress so to do, notwithstanding all they had suffered. She wept frequently while giving in her testimony, and at times almost the entire audience seemed melted to tears. The Judge was observed to wipe his eyes frequently, and several times his voice was so choked with emotion that he had to hesitate some moments before he could put the next question. The whole of Mary's evidence had to be drawn from her lips, item by item. She seemed all the while afraid to answer questions, and said nothing of her own accord.
Jane was next called. Her evidence entirely accorded with her mother's, so far as her knowledge extended. Mrs. D., she said, had never found any fault about her work—only about her looking out of the windows, and this she had not meant to do, but did it every time without thinking. When she heard the music of a band, or the tramp of soldiers, some irresistible force always drew her to the nearest window to look out. She could not help it, though her life depended upon it. Both she and her mother were passionately fond of music, and when their mistress played on the piano in the parlor, they generally managed to leave their work long enough to stand and listen, by a door ajar, until the music ended. She did not understand why she and her mother should be so infatuated—crazy as she called it—about music. She only knew that it was so, and that neither of them could help it.
Mrs. H. was the next witness. She detailed, carefully and succinctly, what she had heard and seen the afternoon before. Told of her long and agreeable acquaintance with Mr. and Mrs. D., and how much she regretted the rupture of those friendly relations. Said she had frequently heard Mrs. D. speak in the highest terms of her two servants, Mary and Jane; that several times before that afternoon she had heard strange, unusual noises next door, but never until then had she heard them plain enough to know what they meant. On leaving the witness-stand and resuming her seat, she burst into a flood of tears, and it was several minutes before she could regain her self-possession.
The Judge then asked Mr. D. to call any witnesses he had present, or to present himself or his wife as a witness, if he thought proper.
Mr. D. replied that he had no witnesses in the case, neither did he propose to offer himself nor his wife as a witness; that he substantially admitted all that had been said by the witnesses for the prosecution, except as to the severity of the punishment inflicted. In that, he thought, the witnesses had all exaggerated. In the excitement attendant upon the punishment of a servant, however, one might strike harder blows, and more of them, than he intended or knew of at the moment; but he certainly never had intended to punish either Mary or Jane to the extent they had described. His defence, he said, was that he had done nothing more than the laws of Virginia authorized. That, within maiming and death, the law gave to a master the authority to punish a slave to any extent he pleased. That ever since Federal troops had been in the city he had suspected Mary and Jane to be planning means of escape, and that it was to make them realize his right to them as their owner and master, and to keep them in wholesome dread of his authority, that he had forbidden them to go upon the streets, to look out at the windows, and had occasionally punished them in, as he thought, a very mild way. Besides, he thought a military court had no right whatever to interfere with the relations between master and slave, and hoped the court would think proper to dismiss the case. He spoke in a very pompous manner, and took his seat as one who had entirely demolished his adversaries.
For a few moments there was an almost death-like silence in the court-room. No one spoke. You could almost have heard a pin drop on the floor. The Judge then ordered Mr. D. to stand up to receive the sentence of the court. Mr. D. stood up. The Judge then proceeded to say, "Sir: You are charged with assault and battery upon these two defenceless females, Mary and Jane. The evidence is clear that you committed such assault, not once only but several times. Indeed, you yourself admit it. Your defence is that they are your slaves, and that, according to the slave code of Virginia, you had the right to punish them to any extent you pleased within that of maiming or the taking of life. I am not familiar with the slave code of Virginia, and cannot say of a certainty that you represent it wrongfully, but I can say that if such authority exists upon any statute-book of any State, it is a disgrace to civilization, and the sooner it be expunged the better. But, sir, it matters not to this court what the laws of Virginia may be upon this or upon any other subject. This is a United States military court—a court of necessity, and 'necessity knows no law' is an old maxim—a court established because all other means of justice had fled from this city—a court governed by the principles of equity, rather than of law—a court established to protect the lives, the natural rights, and the property of every inhabitant of Alexandria, without regard to their political opinions, their religious predilections, their sex, their condition in life, or their color—a court which does not, and cannot, recognize slavery in any shape or form—a court which now and ever will protect the lives, the personal rights, and the property of those called slaves as readily as of those called masters. While this court possesses no power to dissolve the relation which the laws of a State have made possible between master and slave—that power belonging alone to the President of the United States in his capacity as commander-in-chief of the army and navy—yet it does possess the power, and it is its imperative duty, to protect the weak against the strong, the slave against undue severity from his or her master or mistress, and particularly from inflicting punishment without adequate cause. The evidence in this case, sir, shows that you had no cause, no reasonable cause, for inflicting any punishment whatever on either of these females; that they were both uniformly good servants, that your wife invariably spoke of them as such until the Union troops came into this city, and that then, and not till then, you conceived the idea that they would escape from your service if they could, and to counteract such a thought in their minds you gave them commands contrary to all the laws of nature; and because they did not, for the reason that they could not, obey these unnatural commands, you inflicted upon them both a degree of punishment such as a man would be indictable for if inflicted upon a horse. This you try to excuse by saying that, while in a passion, you may have struck them harder and oftener than you intended; the answer to which is that a man subject to such violent passions, and devoid of mercy, as you, sir, appear to be, is utterly unfit to have in his power those who are unable to defend themselves against brute violence. Those whom you abuse, therefore, must be taken from your control; must be placed in the hands of those who will treat them kindly, treat them as human beings; and though this temporary taking away may not destroy your legal right to their services at some future time, it will, at least, protect them from your violence for the present, and it may be that, before this sentence shall have expired, a merciful Providence may induce the President to issue a proclamation of universal freedom to all the slaves of this land. Meanwhile, this court will use all the power it possesses to protect them from undue violence from those who call themselves their owners; and the court desires to give fair warning now, so that all may be without excuse hereafter, that from henceforth this court will regard an assault made upon a so-called slave in precisely the same light as if made upon a free white person. For every stroke laid, upon a slave hereafter, without justifiable cause, the master will receive a like number, or other punishment equal thereto, by the sentence of this court; and the only reason why you, sir, are excused from corporal punishment now, is, that you acted ignorantly—acted, as you supposed, under the laws of Virginia, and without knowing the law or orders of this court upon this subject. Hereafter no one within the jurisdiction of this court can have any such excuse.
"The sentence of the court is, that you, Mr. D., immediately after the adjournment of this court, go with the Provost-Marshal to his office, and there, over your own hand and seal, with the Provost-Marshal as a witness, execute a permit to Mary and to Jane, each, to leave your employ at once, and take with them whatever of clothing or other articles heretofore recognized as theirs—to engage their services as domestics to whomsoever else they please, to receive in their own right and to use as they please, whatever wages may be agreed upon between them and their future employers—to go and come when and wheresoever they please, and in no respect whatsoever to be subject to your direction or control. And the further judgment of the court is, that this sentence shall remain in full force and virtue so long as the war between the North and the South continues.
"To you, Mr. Provost-Marshal, the court begs to say that you will not permit Mr. D. to leave your custody until he has fully executed this order; and should he refuse, or even hesitate, you will at once lock him up in the county jail, and report to this court for further orders.
"To you, Mr. and Mrs. H., the court begs to return not only its thanks, but the thanks of every peace-loving, mercy-loving, freedom-loving citizen of this community, for having brought this case before the court, and thereby put a check, if not an entire stop, to an evil which otherwise might have grown to huge proportions; and, as a further manifestation of your good hearts, the court requests that you will take Mary and her daughter in your own employ, until such time as a better arrangement can be effected, if that be ever possible.
"The court stands adjourned until to-morrow at ten o'clock."
While the Judge was delivering this sentence, perfect silence prevailed; but the moment he closed, a buzz of approval ran throughout the court-room, amounting almost to cheers. Mr. D. and his attorney, and the few friends immediately about him, looked like so many dark thunder-clouds in a clear sky; but the contrast only made the sky to appear the brighter. The crowd dispersed. The sentinels present, at a shoulder-arms, with fixed bayonets, at once formed a front and rear guard to the Provost-Marshal and his prisoner, and, when on the street, a hollow-square, until they reached the Provost Marshal's office. A permit, such as the court had directed, was then prepared, to which Mr. D. put his hand and seal, with the Provost-Marshal as a witness. The Provost-Marshal then went with Mary and her daughter (Mr. D. still accompanying and not yet discharged) to Mr. D.'s house, where the two servants were permitted to gather together their clothing and whatever else they claimed as theirs. Mrs. D. was at first disposed to refuse the servants their clothing, or anything else, and to talk loudly against the injustice of the court, etc.; but a word of caution from the Provost-Marshal, and a beseeching look from her husband, effectually closed her lips. When Mary and Jane had got all together, in such bundle as they could easily carry, the Marshal accompanied them to the residence of Mrs. H. and there left them.
Mrs. H. met them in the entry-way, and the moment they saw her, both servants fell on their knees and begged to kiss her hand, or even the hem of her garment. They wept and laughed alternately, and it was some time before she could get them to arise from their knees and go to the room which had been prepared for them. The transition from slavery to virtual freedom, from constant dread to free volition, to what had seemed to them a hell to what now seemed to them a heaven, had been so sudden, that they could scarcely realize it as possible; and, when they reached the room assigned them, both again fell on their knees, and for a full hour returned thanks to God for his mercy and loving-kindness, and implored blessings on those who had shown them such unexpected kindness. Both Mary and her daughter were members of the Methodist Church—the former had been so for many years—and both had always led, so far as was known, consistent Christian lives.
The result of the trial was soon in the mouths of everybody, some condemning, but a large majority approving. The effect was, that not a single similar case was brought before the court after that. The warning of the court was so plain and pointed that all who owned slaves in Alexandria felt that they knew, as well before as after, what punishment would follow ill-treatment, and none were ill-treated.
Had like courts followed the army, or been established in every city of the South on the day they fell into the hands of Union troops, what immense suffering might have been saved; how many rescued from premature graves, caused by inhuman treatment; and how many thousands could have been given the blessed boon of freedom, who were run into Texas, thence to Cuba and Brazil, and thence consigned to a fate worse than death itself!
