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The Sovereign Rule of South Carolina

Chapter 28 The Captain's Departure And Manuel's Release
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after remaining nearly three weeks in close confinement in a cell on the third story, manuel was allowed to come down and resume his position among the stewards, in the "steward's cell." there was a sad change of faces. but one of those he left was there; and he, poor fellow, was so changed as to be but a wreck of what he was when manuel was confined in the cell.

after little tommy left, the captain deposited a sum of money with the jailer to supply manuel's wants. the jailer performed his duty faithfully, but the fund was soon exhausted, and manuel was forced to appeal to his consul. with the care for its citizens that marks the course of that government, and the characteristic kindness of its representative in charleston, the appeal was promptly responded to. the consul attended him in person, and even provided from his own purse things necessary to make him comfortable. we could not but admire the nobleness of many acts bestowed upon this humble citizen through the consul, showing the attachment and faith of a government to its humblest subject. the question now was, would the executive release him? mr. grimshaw had interposed strong objections, and made unwarrantable statements in regard to his having been abandoned by his captain, the heavy expenses incurred to maintain the man, and questioning the validity of the british consul's right to protect him. under the effect of these representations, the prospect began to darken, and manuel became more discontented, and anxiously awaited the result.

in this position, a petition was despatched to the executive, asking that the man might be released, on the faith of the british government that all expenses be paid, and he immediately sent beyond the limits of the state.

but we must return and take leave of captain thompson, before we receive the answer to the petition. the day fixed for his departure had arrived. he had all his papers collected, and arose early to take his accustomed walk through the market. it was a little after seven o'clock, and as he approached the singular piece of wood-work that we have described in a previous chapter as the charleston whipping-post, he saw a crowd collected around it, and negroes running to the scene, crying out, "buckra gwine to get whip! buckra get 'e back scratch!" &c. &c. he quickened his pace, and, arriving at the scene, elbowed his way through an immense crowd until he came to where he had a fair view. here, exposed to view, were six respectably dressed white men, to be whipped according to the laws of south carolina, which flog in the market for petty theft. five of them were chained together, and the other scientifically secured to the machine, with his bare back exposed, and mr. grimshaw (dressed with his hat and sword of office to make the dignity of the punishment appropriate) laying on the stripes with a big whip, and raising on tip-toe at each blow to add force, making the flesh follow the lash. standing around were about a dozen huge constables with long-pointed tipstaffs in their hands, while two others assisted in chaining and unchaining the prisoners. the spectacle was a barbarous one, opening a wide field for reflection. it was said that this barbarous mode of punishment was kept up as an example for the negroes. it certainly is a very singular mode of inspiring respect for the laws.

he had heard much of t. norman gadsden, whose fame sounded for being the greatest negro-seller in the country, yet he had not seen him, though he had witnessed several negro-sales at other places. on looking over the papers after breakfast, his eye caught a flaming advertisement with "t. norman gadsden's sale of negroes" at the head. there were plantation negroes, coachmen, house-servants, mechanics, children of all ages, with descriptions as various as the kinds. below the rest, and set out with a glowing delineation, was a description of a remarkably fine young sempstress, very bright and very intelligent, sold for no fault. the notice should have added an exception, that the owner was going to get married.

he repaired to the place at the time designated, and found them selling an old plantation-negro, dressed in ragged, gray clothes, who, after a few bids, was knocked down for three hundred and fifty dollars. "we will give tip-top titles to everything we sell here to-day; and, gentlemen, we shall now offer you the prettiest wench in town. she is too well-known for me to say more," said the notorious auctioneer.

a number of the first citizens were present, and among them the captain recognised colonel s--, who approached and began to descant upon the sale of the woman. "it's a d--d shame to sell that girl, and that fellow ought to be hung up," said he, meaning the owner; and upon this he commenced giving a history of the poor girl.

"where is she? bring her along! lord! gentlemen, her very curls are enough to start a bid of fifteen hundred," said the auctioneer.

"go it, gadsden, you're a trump," rejoined a number of voices.

the poor girl moved to the stand, pale and trembling, as if she was stepping upon the scaffold, and saw her executioners around her. she was very fair and beautiful-there was something even in her graceful motions that enlisted admiration. here she stood almost motionless for a few moments.

"gentlemen, i ought to charge all of you sevenpence a sight for looking at her," said the auctioneer. she smiled at the remark, but it was the smile of pain.

"why don't you sell the girl, and not be dogging her feelings in this manner?" said colonel s--.

bids continued in rapid succession from eleven hundred up to thirteen hundred and forty. a well-known trader from new orleans stood behind one of the city brokers, motioning him at every bid, and she was knocked down to him. we learned her history and know the sequel.

the captain watched her with mingled feelings, and would fain have said, "good god! and why art thou a slave?"

the history of that unfortunate beauty may be comprehended in a few words, leaving the reader to draw the details from his imagination. her mother was a fine mulatto slave, with about a quarter indian blood. she was the mistress of a celebrated gentleman in charleston, who ranked among the first families, to whom she bore three beautiful children, the second of which is the one before us. her father, although he could not acknowledge her, prized her highly, and unquestionably never intended that she should be considered a slave. alice, for such was her name, felt the shame of her position. she knew her father, and was proud to descant upon his honor and rank, yet must either associate with negroes or nobody, for it would be the death of caste for a white woman, however mean, to associate with her. at the age of sixteen she became attached to a young gentleman of high standing but moderate means, and lived with him as his mistress. her father, whose death is well known, died suddenly away from home. on administering on his estate, it proved that instead of being wealthy, as was supposed, he was insolvent, and the creditors insisting upon the children being sold. alice was purchased by compromise with the administrator, and retained by her lord under a mortgage, the interest and premium on which he had regularly paid for more than four years. now that he was about to get married, the excuse of the mortgage was the best pretext in the world to get rid of her.

the captain turned from the scene with feelings that left deep impressions upon his mind, and that afternoon took his departure for his scottish home.

time passed heavily at the jail, and day after day manuel awaited his fate with anxiety. at every tap of the prison-bell he would spring to the door and listen, asserting that he heard the consul's voice in every passing sound. day after day the consul would call upon him and quiet his fears, reassuring him that he was safe and should not be sold as a slave. at length, on the seventeenth day of may, after nearly two months' imprisonment, the glad news was received that manuel pereira was not to be sold, according to the statutes, but to be released upon payment of all costs, &c. &c., and immediately sent beyond the limits of the state. we leave it to the reader's fancy, to picture the scene of joy on the reception of the news in the "stewards' cell."

the consul lost no time in arranging his affairs for him, and at five o'clock on the afternoon of the 17th of may, 1852, manuel pereira, a poor, shipwrecked mariner, who, by the dispensation of an all-wise providence, was cast upon the shores of south carolina, and imprisoned because hospitality to him was "contrary to law," was led forth, pale and emaciated, by two constables, thrust into a closely covered vehicle, and driven at full speed to the steamboat then awaiting to depart for new york. this is but a faint glimpse, of the suffering to which colored stewards are subjected in the charleston jail.

there were no less than sixty-three cases of colored seamen imprisoned on this charge of "contrary to law," during the calendar year ending on the twelfth of september, 1852. and now that abuses had become so glaring, a few gentlemen made a representation of the wretched prison regimen to his excellency, governor means, who, as if just awoke from a dream that had lasted a generation, addressed a letter to the attorney-general, dated on the seventh of september, 1852, requesting a statement in regard to the jail-how many prisoners there were confined on the twelfth day of september, under sentence and awaiting trial, the nature of offences, who committed by, and how long they had awaited trial; what the cost of the jail was, how much was paid by prisoners, and how much by the state, &c. &c. in that statement, the number of colored seamen was, for reasons best known to mr. grimshaw, kept out of the statement; so also was the difference between thirty cents and eight cents a day, paid for the ration for each man. the real statement showed a bounty to the sheriff of fourteen hundred and sixty-three dollars on' the provisions alone-a sad premium upon misery. now add to this a medium amount for each of these sixty-three sailors, and we have between eight and nine hundred dollars more, which, with sundry jail-fees and other cribbage-money, makes the charleston jail a nice little appendage to the sheriff's office, and will fully account for the tenacity with which those functionaries cling to the "old system."

we conclude the bills by giving manuel's as it stands upon the books:--"contrary to law." british brig "janson," capt. thompson. for manuel pereira, colored seaman. 1852. to sheriff of charleston district.

may 15th. to arrest, $2; register, $2, $4.00" "recog., $1.31; constable, $1, 2.31" "commitment and discharge, 1.00" "52 days' maintenance of manuel pereira, at 30 cents per day, 15.60

$22.81 rec' payment, j. d--, s. c. d. per chs. kanapeaux, clerk.

this amount is exclusive of all the long scale of law charges and attorney's fees that were incurred, and is entirely the perquisite of the sheriff.

now, notwithstanding that high-sounding clamor about the laws of south carolina, which every south carolinian, in the redundance of his feelings, strives to impress you with the sovereignty of its justice, its sacred rights, and its pre-eminent reputation, we never were in a country or community where the privileges of a certain class were so much abused. every thing is made to conserve popular favor, giving to those in influence power to do what they please with a destitute class, whether they be white or black. official departments are turned into depots for miserable espionage, where the most unjust schemes are practised upon those whose voices cannot be heard in their own defence. a magistrate is clothed with, or assumes a power that is almost absolute, committing them without a hearing, and leaving them to waste in jail; then releasing them before the court sits, and charging the fees to the state; or releasing the poor prisoner on receiving "black mail" for the kindness; giving one man a peace-warrant to oppress another whom he knows cannot get bail; and where a man has served out the penalty of the crime for which he was committed, give a peace-warrant to his adversary that he may continue to vent his spleen upon him. in this manner, we have known a man who had served seven months' imprisonment for assault and battery, by an understanding between the magistrate and the plaintiff, continued in jail for several years upon a peace-warrant, issued by the magistrate from time to time, until at length he shot himself in jail. the man was a peaceable man, and of a social temperament. he had been offered the alternative of leaving the state, but he scorned to accept it. to show that we are correct in what we say respecting some of the charleston officials, we insert an article which appeared in the charleston courier of sept. 1, 1852:--[for the courier.]

"many of the quiet and moral portion of our community can form no adequate conception of the extent to which those who sell liquor, and otherwise trade with our slaves, are now plying their illegal and demoralizing traffic. at no period within our recollection has it prevailed to such an alarming extent; at no period has its influence upon our slave population been more palpable or more dangerous; at no period has the municipal administration been so wilfully blind to these corrupt practices, or so lenient and forgiving when such practices are exposed."

* * * *

"we have heard it intimated that when general schnierle is a candidate for the mayoralty, they are regularly assessed for means to defray the expenses of the canvass. instances are not wanting where amounts of money are paid monthly to general schnierle's police as a reward for shutting their eyes and closing their lips when unlawful proceedings are in progress. we have at this moment in our possession a certificate from a citizen, sworn to before mr. giles, the magistrate, declaring that he, the deponent, heard one of the city police-officers (sharlock) make a demand for money upon one of these shop-keepers, and promised that if he would pay him five dollars at stated intervals, 'none of the police-officers would trouble him.' this affidavit can be seen, if inquired for, at this office. thus bribery is added to guilt, and those who should enforce the laws are made auxiliaries in their violation. said one of these slave-destroyers to us, 'general schnierle suits us very well. i have no trouble with general schnierle'--remarks at once repugnant and suggestive. * * * we are told by one, that mr. hutchinson, when in power, fined him heavily (and, as he thought, unjustly) for selling liquor to a slave; hence he would not vote for him. an additional reason for this animosity toward mr. hutchinson arises from the fact that the names of offenders were always published during that gentleman's administration, while under that of general schnierle they are screened from public view. on any sunday evening, light may be seen in the shops of these dealers. if the passer-by will for a few moments stay his course, he will witness the ingress and egress of negroes; if he approach the door, he will hear noise as of card-playing and revelry within. and this is carried on unblushingly; is not confined to a shop here and a shop there, but may be observed throughout the city. the writer of this article, some sundays since, witnessed from his upper window a scene of revelry and gambling in one of these drinking-shops, which will scarcely be credited. a party of negroes were seen around a card-table, with money beside them, engaged in betting; glasses of liquor were on the table, from which they ever and anon regaled themselves with all the nonchalance and affected mannerism of the most fashionable blades of the beau monde.

"this may not be a 'desecration of the sabbath' by the municipal authorities themselves, but they are assuredly responsible for its profanation. appointed to guard the public morals, they are assuredly censurable if licentiousness is suffered to run its wild career unnoticed and unchecked. we do not ask to be believed. we would prefer to have skeptical rather than credulous readers. we should prefer that all would arise from the perusal of this article in doubt, and determine to examine for themselves. we believe in the strength and sufficiency of ocular proof, and court investigation.

* * *

"we are abundantly repaid if we succeed in arousing public attention to the alarming and dangerous condition of our city. * * * let inquiry be entered into. we boldly challenge it. it will lead to other and more astonishing developments than those we have revealed. (signed)

"a responsible citizen."

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