Dred: A Tale of the Great Dismal Swamp

by Harriet Beecher Stowe

"I simply speak of what is," said Judge Clayton. "I don't pretend to justify it. But Edward has great power of exciting the feelings, and under the influence of his eloquence the case may go the other way, and humanity triumph at the expense of law."

Clayton's plea came on in the afternoon, and justified the expectations of his friends. His personal presence was good, his voice melodious, and his elocution fine. But what impressed his auditors, perhaps, more than these, was a certain elevation and clearness in the moral atmosphere around him,—a gravity and earnestness of conviction which gave a secret power to all he said. He took up the doctrine of the dependent relations of life, and of those rules by which they should be guided and restrained; and showed that while absolute power seems to be a necessary condition of many relations of life, both reason and common sense dictate certain limits to it. "The law guarantees to the parent, the guardian, and the master, the right of enforcing obedience by chastisement; and the reason for it is, that the subject being supposed to be imperfectly developed, his good will, on the whole, be better consulted by allowing to his lawful guardian this power."

"The good of the subject," he said, "is understood to be the foundation of the right; but, when chastisement is inflicted without just cause, and in a manner so inconsiderate and brutal as to endanger the safety and well-being of the subject, the great foundation principle of the law is violated. The act becomes perfectly lawless, and as incapable of legal defence as it is abhorrent to every sentiment of humanity and justice."

"He should endeavor to show," he said, "by full testimony, that the case in question was one of this sort."

In examining witnesses Clayton showed great dignity and acuteness, and as the feeling of the court was already prepossessed in his favor, the cause evidently gathered strength as it went on. The testimony showed, in the most conclusive manner, the general excellence of Milly's character, and the utter brutality of the outrage which had been committed upon her. In his concluding remarks, Clayton addressed the jury in a tone of great elevation and solemnity, on the duty of those to whom is intrusted the guardianship of the helpless.

"No obligation," he said, "can be stronger to an honorable mind, than the obligation of entire dependence. The fact that a human being has no refuge from our power, no appeal from our decisions, so far from leading to careless security, is one of the strongest possible motives to caution and to most exact care. The African race," he said, "had been bitter sufferers. Their history had been one of wrong and cruelty, painful to every honorable mind. We of the present day, who sustain the relation of slave-holder," he said, "receive from the hands of our fathers an awful trust. Irresponsible power is the greatest trial of humanity, and if we do not strictly guard our own moral purity in the use of it, we shall degenerate into despots and tyrants. No consideration can justify us in holding this people in slavery an hour, unless we make this slavery a guardian relation, in which our superior strength and intelligence is made the protector and educator of their simplicity and weakness."

"The eyes of the world are fastened upon us," he said. "Our continuing in this position at all is, in many quarters, matter of severe animadversion. Let us therefore show, by the spirit in which we administer our laws, by the impartiality with which we protect their rights, that the master of the helpless African is his best and truest friend."

It was evident, as Clayton spoke, that he carried the whole of his audience with him. The counsel on the other side felt himself much straitened. There is very little possibility of eloquence in defending a manifest act of tyranny and cruelty; and a man speaks, also, at great disadvantage, who not only is faint-hearted in his own cause, but feels the force of the whole surrounding atmosphere against him.

In fact, the result was, that the judge charged the jury, if they found the chastisement to have been disproportionate and cruel, to give verdict for the plaintiff. The jury, with little discussion, gave it unanimously, accordingly, and so Clayton's first cause was won.

If ever a woman feels proud of her lover, it is when she sees him as a successful public speaker; and Nina, when the case was over, stood half-laughing, half-blushing, in a circle of ladies, who alternately congratulated and rallied her on Clayton's triumph.