Franconia's reserve and modesty put legal gentlemen's gallantry to the test. One looks over the pages of his reports, another casts a sly look as she sweeps by to take that place the basest of men has just left. The interested spectators stretch their persons anxiously, to get a look at the two pretty children, honourable and legal gentlemen are straining their ability to reduce to property. There stands the blushing woman, calm and beautiful, a virtuous rebuke to curious spectators, mercenary slave dealers, the very learned gentlemen of the bar, and his enthroned honour, the Court! She will give testimony that makes nature frown at its own degradation. Not far from Franconia sits the very constitutional Mr. Scranton, casting side glances now and then. Our philosopher certainly thinks, though he will not admit it, the chivalry is overtaxing itself; there was no occasion for compelling so fair a creature to come into court, and hear base testimony before a base crowd,—to aid a base law in securing base ends. And then, just think and blush, ye who have blushes to spare.
"Will the learned gentleman proceed with the examination of this witness?" says his honour, who, pen in hand, has been waiting several minutes to take down her testimony. Court and audience, without knowing why, have come to an unconscious pause.
"Will the witness state to the court in what relation she stands to the gentleman who defends title freedom of the children,—Mr. Hugh Marston?" says the attorney, addressing his bland words to Franconia, somewhat nervously.
"He—he—he—is my—," she mutters, and stops. Her face turns pale; then suddenly changes to glowing crimson. She rests her left hand on the rail, while the judge, as if suddenly moved by a generous impulse, suggests that the attorney pause a moment, until the deputy provides a chair for the lady. She is quiet again. Calmly and modestly, as her soft, meaning eyes wander over the scene before her, compelled to encounter its piercing gaze, the crystal tears leave their wet courses on her blushing cheeks. Her feelings are too delicate, too sensitive, to withstand the sharp and deadly poison of liberty's framework of black laws. She sees her uncle, so kind, so fond of her and her absent brother; her eye meets his in kindred sympathy, imagination wings its way through recollections of the past, draws forth its pleasures with touching sensations, and fills the cup too full. That cup is the fountain of the soul, from which trouble draws its draughts. She watches her uncle as he turns toward the children; she knows they are his; she feels how much he loves them.
The attorney—the man of duty—is somewhat affected. "I have a duty to perform," he says, looking at the court, at the witness, at the children, at the very red-faced clerk, at the opposing counsel, and anything within the precincts of the court-room. We see his lips move; he hesitates, makes slight gesticulations, turns and turns a volume of Blackstone with his hands, and mutters something we cannot understand. The devil is doing battle with his heart-a heart bound with the iron strings of the black law. At length, in broken accents, we catch the following remarks, which the learned gentleman thinks it necessary to make in order to save his gallantry:—"I am sorry—extremely sorry, to see the witness, a lady so touchingly sensitive, somewhat affected; but, nevertheless" (the gentleman bows to the judge, and says the Court will understand his position!) "it is one of those cases which the demands of the profession at times find us engaged in. As such we are bound, morally, let me say, as well as legally, to protect the interests of our clients. In doing so, we are often compelled to encounter those delicate irregularities to which the laws governing our peculiar institutions are liable. I may say that they are so interwoven with our peculiar institution, that to act in accordance with our duty makes it a painful task to our feelings. We—I may appeal to the court for corroboration—can scarcely pursue an analysation of these cases without pain; I may say, remorse of conscience." Mr. Petterwester, for such is his name, is evidently touched with that sense of shame which the disclosures of the black system bring upon his profession. This is aided by the fascinating appearance of the witness on the stand. It is irresistible because it is at variance with those legal proceedings, those horrors of southern jurisprudence, which he is pressing for the benefit of his clients. Again he attempts to put another question, but is seized with a tremor; he blushes, is nervous and confused, casts a doubting look at the judge. That functionary is indeed very grave—unmoved. The responsibility of the peculiar institution sorely hardened the war of heart against head that was waging among the learned gentlemen; but the institution must be preserved, for its political power works wonders, and its legal power is wondrously curious. "Please tell the court and jury what you know about the relation in which these children stand to the gentleman who asserts their freedom, dear madam? We will not trouble you with questions; make a statement," says Mr. Petterwester, with great sincerity of manner. Indeed, Mr. Petterwester has been highly spoken of among the very oldest, most respectable, and best kind of female society, for his gallantry.
The brother opposite, a small gentleman, with an exceedingly studious countenance, dressed in shining black, and a profusion of glossy hair falling upon his shoulders, rises with great legal calmness, and objects to the manner of procedure, describing it as contrary to the well-established rules of the bar. The court interpolates a few remarks, and then intimates that it very seriously thinks gentlemen better waive the points,—better come to an understanding to let the lady make her statements! Courtesy entitles her, as a lady, to every respect and consideration. The gentlemen, having whispered a few words together, bow assent to the high functionary's intimation.
Franconia proceeds. She asserts that Hugh Marston (pointing to him) is her uncle; that she knows little or nothing of his business affairs, cannot tell why her brother left the country so suddenly; she knew Clotilda and Ellen Juvarna, mothers of the children. They never were considered among the property of the plantation. Her short story is told in touching tones. The learned and gallant attorney, esteeming it indispensable, puts a question or two as to whether anything was ever said about selling them in consequence of certain jealousies. Before the brother can object, she answers them evasively, and the testimony amounts to just no testimony at all. The court, bowing respectfully, informs the lady she can get down from the stand.
The next witness called is Mrs. Rosebrook. This good and benevolent lady is more resolute and determined. The gentlemen of the bar find her quite clever enough for them. Approaching the stand with a firm step, she takes her place as if determined upon rescuing the children. Her answers come rather faster than is compatible with the dignity of the learned gentlemen of the bar. She knows Marston, knows Franconia, knows the old plantation, has spent many happy hours upon it, is sorry to see the old proprietor reduced to this state of things. She knows the two children,—dear creatures,—has always had a kindly feeling for them; knew their poor mothers, has befriended them since Marston's troubles began. She always-her large, loving eyes glowing with the kindness of her soul-heard Marston say they were just as free as people could be, and they should be free, too! Some people did'nt look at the moral obligation of the thing. Here, the good lady, blushing, draws the veil over her face. There is something more she would like to disclose if modesty did not forbid.
"Nothing direct in such testimony, your honour will perceive!" says Mr. Petterwester, directing himself to the judge.
"Is there any question with regard to the father of the children?" enquires his honour, again placing his hand to his ear and leaning forward inquisitively. His honour suddenly forgot himself.