“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.
“That's better thought than said. Perhaps you'd better get a schoolboy to keep his finger on it,” continued the colonel, laconically.
“Well, well; but I must find it and refresh your memory. Ah! here it is, and it's just as binding on me as it can be. There's no mistake about it-it's genuine South Carolina, perfectly aboveboard.” Thus saying, he commenced reading to the colonel as if he was about to instruct a schoolboy in his rudiments. “Here it is-a very pretty specimen of enlightened legislation-born in the lap of freedom, cradled in a land of universal rights, and enforced by the strong arm of South Carolina.”
“An Act for the better regulation and government of free negroes and persons of color, and for other purposes,” &c. &c. &c., Mr. Grimshaw read; but as the two first sections are really a disgrace to the delegated powers of man, in their aim to oppress the man of color, we prefer to pass to the third section, and follow Mr. Grimshaw as he reads:—
“That if any vessel shall come into any port or harbor of this State, (South Carolina,) from any other State or foreign port, having on board any free negroes or persons of color, as cooks, stewards, or mariners, or in any other employment on board said vessel, such free negroes or persons of color shall be liable to be seized and confined in jail until said vessel shall clear out and depart from this State; and that when said vessel is ready to sail, the captain of said vessel shall be bound to carry away the said free negro or person of color, and pay the expenses of detention; and in case of his refusal or neglect to do so, he shall be liable to be indicted, and, on conviction thereof, shall be fined in a sum not less than one thousand dollars, and imprisoned not less than two months; and such free negroes or persons of color shall be deemed and taken as absolute slaves, and sold in conformity to the provisions of the act passed on the twentieth day of December, one thousand eight hundred and twenty aforesaid.'”
Mr. Grimshaw's coolness in the matter became so intolerable, that the colonel could stand it no longer; so, getting up while Mr. Grimshaw was reading the law, he left the office, perfectly satisfied that further endeavors at that source would be fruitless.
After Mr. Grimshaw had concluded, he looked up, perfectly amazed to find that he was enjoying the reading of the act to himself. “Had I not given it all the consideration of my power, and seen the correctness of the law, I should not have given so much importance to my opinion. But there it is, all in that section of the Act, and they can't find no convention in the world to control the Legislature of South Carolina. There's my principles, and all the Englishmen and Abolitionists in Christendom wouldn't change me. Now, I've the power, and let 'em get the nigger out of my place, if they can,” said Grimshaw, shutting the book, kicking a good-sized, peaceable-looking dog that lay under the table, and deliberately taking his hat and walking into the street.
Here is an Act, bearing on its face the arrogant will of South Carolina, setting aside all constitutional rights, and denying the validity of stipulations made by the United States in her general commercial laws. She asserts her right to disregard citizenship, to make criminals of colored men, because they are colored, and to sell them for slaves to pay the expenses which she had incurred to make them such. And what is still worse, is, that the exercise of this misconceived and unjust law is so unrelentingly enforced, and so abused by those who carry it out.
During this time the consul had been unremitting in his endeavors to procure the man's release. The mayor had no power in the premises; the attorney-general was not positive in regard to the extent of his power in such a case, though he admitted the case to be an aggravated one; the judges could only recognise him as a nigger, consequently must govern their proceedings by legislative acts. Upon the whole, he found that he was wasting his time, for while they all talked sympathy, they acted tyranny. Cold, measured words about niggers, “contrary to law,” constitutional rights, inviolable laws, State sovereignty and secession, the necessary police regulations to protect a peculiar institution, and their right to enforce them, everywhere greeted his ears. There was about as much in it to relieve Manuel, as there would have been had a little bird perched upon the prison-wall and warbled its song of love to him while strongly secured in his cell-more tantalizing because he could hear the notes, but not see the songster.
Notwithstanding the commendable energy of the consul, he had the satisfaction of knowing that several very improbable reports touching his course, and construing it into an interference with the institution of slavery, had been widely circulated, and were creating a feeling against him among a certain class of “fire-eating” secessionists. He was too well aware of the source from which they originated to awaken any fears, and instead of daunting his energy they only increased it, and brought to his aid the valuable services of the Hon. James L. Petigru, a gentleman of whom it is said, (notwithstanding his eminence at the bar,) that had it not been for his purity of character, his opinions in opposition to the State would have long since consigned him to a traitor's exile. The truth was-and much against Mr. Petigru's popularity in his own State-that he was a man of sound logic, practical judgment, and legal discrimination. Thus endowed with the requisite qualities of a good statesman, and pursuing a true course to create a conservative influence in the State, he failed to become popular beyond his legal sphere. Had he espoused that most popular of all doctrines in South Carolina-nullification and secession-and carried abstraction to distraction, James L. Petigru would have added another “Roman name” to that which has already passed from South Carolina's field of action.