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Justice in the By-Ways:a Tale of Life

Chapter 40 In Which The Law Is Seen To Conflict With Our Cher
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"what could the woman mean, when on taking leave of me she said, 'you are far richer than me?'" questions maria mcarthur to herself, when, finding she is alone and homeless in the street, she opens the packet the woman anna slipped so mysteriously into her hand, and finds it contains two twenty-dollar gold pieces. and while evolving in her mind whether she shall appropriate them to the relief of her destitute condition, her conscience smites her. it is the gold got of vice. her heart shares the impulse that prompted the act, but her pure spirit recoils from the acceptance of such charity. "you are far richer than me!" knells in her ears, and reveals to her the heart-burnings of the woman who lives in licentious splendor. "i have no home, no friend near me, and nowhere to lay my head; and yet i am richer than her;" she says, gazing at the moon, and the stars, and the serene heavens. and the contemplation brings to her consolation and strength. she wanders back to the gate of the old prison, resolved to return the gold in the morning, and, was the night not so far spent, ask admittance into the cell her father occupies. but she reflects, and turns away; well knowing how much more painful will be the smart of his troubles does she disclose to him what has befallen her.

she continues sauntering up a narrow by-lane in the outskirts of the city. a light suddenly flashes across her path, glimmers from the window of a little cabin, and inspires her with new hopes. she quickens her steps, reaches the door, meets a welcome reception, and is made comfortable for the night by the mulatto woman who is its solitary tenant. the woman, having given maria of her humble cheer, seems only too anxious to disclose the fact that she is the slave and cast-off mistress of judge sleepyhorn, on whose head she invokes no few curses. it does not touch her pride so much that he has abandoned her, as that he has taken to himself one of another color. she is tall and straight of figure, with prominent features, long, silky black hair, and a rich olive complexion; and though somewhat faded of age, it is clear that she possessed in youth charms of great value in the flesh market.

maria discloses to her how she came in possession of the money, as also her resolve to return it in the morning. undine (for such is her name) applauds this with great gusto. "now, thar!" she says, "that's the spirit i likes." and straightway she volunteers to be the medium of returning the money, adding that she will show the hussy her contempt of her by throwing it at her feet, and "letting her see a slave knows all about it."

maria fully appreciates the kindness, as well as sympathizes with the wounded pride of this slave daughter; nevertheless, there is an humiliation in being driven to seek shelter in a negro cabin that touches her feelings. for a white female to seek shelter under the roof of a negro's cabin, is a deep disgrace in the eyes of our very refined society; and having subjected herself to the humiliation, she knows full well that it may be used against her-in fine, made a means to defame her character.

night passes away, and the morning ushers in soft and sunny, but brings with it nothing to relieve her situation. she, however, returns the gold to anna through a channel less objectionable than that undine would have supplied, and sallies out to seek lodgings. in a house occupied by a poor german family, she seeks and obtains a little room, wherein she continues plying at her needle.

the day set apart for the trial before a jury of "special bail" arrives. the rosy-faced commissioner is in his seat, a very good-natured jury is impanelled, and the feeble old man is again brought into court. maria saunters, thoughtful, and anxious for the result, at the outer door. peter crimpton rises, addresses the jury at great length, sets forth the evident intention of fraud on the part of the applicant, and the enormity of the crime. he will now prove his objections by competent witnesses. the proceedings being in accordance with what mr. snivel facetiously terms the strict rules of special pleading, the old man's lips are closed. several very respectable witnesses are called, and aver they saw the old antiquary with a gold watch mounted, at a recent date; witnesses quite as dependable aver they have known him for many years, but never mounted with anything so extravagant as a gold watch. so much for the validity of testimony! it is very clear that the very respectable witnesses have confounded some one else with the prisoner.

the antiquary openly confesses to the possession of a pin, and the curious skull (neither of which are valuable beyond their associations), but declares it more an over-sight than an intention that they were left out of the schedule. for the virtue of the schedule, mr. crimpton is singularly scrupulous; nor does it soften his aspersions that the old man offers to resign them for the benefit of the state. mr. crimpton gives his case to the jury, expressing his belief that a verdict will be rendered in his favor. a verdict of guilty (for so it is rendered in our courts) will indeed give the prisoner to him for an indefinite period. in truth, the only drawback is that the plaintiff will be required to pay thirty cents a day to mr. hardscrabble, who will starve him rightly soundly.

the jury, very much to mr. crimpton's chagrin, remain seated, and declare the prisoner not guilty. was this sufficient-all the law demanded? no. although justice might have been satisfied, the law had other ends to serve, and in the hands of an instrument like crimpton, could be turned to uses delicacy forbids our transcribing here. the old man's persecutors were not satisfied; the verdict of the jury was with him, but the law gave his enemies power to retain him six months longer. mr. crimpton demands a writ of appeal to the sessions. the commissioner has no alternative, notwithstanding the character of the pretext upon which it is demanded is patent on its face. such is but a feeble description of one of the many laws south carolina retains on her statute book to oppress the poor and give power to the rich. if we would but purge ourselves of this distemper of chivalry and secession, that so blinds our eyes to the sufferings of the poor, while driving our politicians mad over the country (we verily believe them all coming to the gallows or insane hospital), how much higher and nobler would be our claim to the respect of the world!

again the old man is separated from his daughter, placed in the hands of a bailiff, and remanded back to prison, there to hope, fear, and while away the time, waiting six, perhaps eight months, for the sitting of the court of appeals. the "appeal court," you must know, would seem to have inherited the aristocracy of our ancestors, for, having a great aversion to business pursuits, it sits at very long intervals, and gets through very little business.

when the news of her father's remand reaches maria, it overwhelms her with grief. varied are her thoughts of how she shall provide for the future; dark and sad are the pictures of trouble that rise up before her. look whichever way she will, her ruin seems sealed. the health of her aged father is fast breaking-her own is gradually declining under the pressure of her troubles. rapidly forced from one extreme to another, she appeals to a few acquaintances who have expressed friendship for her father; but their friendship took wings when grim poverty looked in. southern hospitality, though bountifully bestowed upon the rich, rarely condescends to shed its bright rays over the needy poor.

maria advertises for a situation, in some of our first families, as private seamstress. our first families having slaves for such offices, have no need of "poor white trash." she applies personally to several ladies of "eminent standing," and who busy themselves in getting up donations for northern tract societies. they have no sympathy to waste upon her. her appeal only enlists coldness and indifference. the "church home" had lent an ear to her story, but that her address is very unsatisfactory, and it is got out that she is living a very suspicious life. the "church home," so virtuous and pious, can do nothing for her until she improves her mode of living. necessity pinches maria at every turn. "to be poor in a slave atmosphere, is truly a crime," she says to herself, musing over her hard lot, while sitting in her chamber one evening. "but i am the richer! i will rise above all!" she has just prepared to carry some nourishment to her father, when keepum enters, his face flushed, and his features darkened with a savage scowl. "i have said you were a fool-all women are fools!--and now i know i was not mistaken!" this mr. keepum says while throwing his hat sullenly upon the floor. "well," he pursues, having seated himself in a chair, looked designingly at the candle, then contorted his narrow face, and frisked his fingers through his bright red hair, "as to this here wincing and mincing-its all humbuggery of a woman like you. affecting such morals! don't go down here; tell you that, my spunky girl. loose morals is what takes in poor folks."

maria answers him only with a look of scorn. she advances to the door to find it locked.

"it was me-i locked it. best to be private about the matter," says keepum, a forced smile playing over his countenance.

unresolved whether to give vent to her passion, or make an effort to inspire his better nature, she stands a few moments, as if immersed in deep thought, then suddenly falls upon her knees at his feet, and implores him to save her this last step to her ruin. "hear me, oh, hear me, and let your heart give out its pity for one who has only her virtue left her in this world;" she appeals to him with earnest voice, and eyes swimming in tears. "save my father, for you have power. give him his liberty, that i, his child, his only comfort in his old age, may make him happy. yes! yes!--he will die where he is. will you, can you-you have a heart-see me struggle against the rude buffets of an unthinking world! will you not save me from the poor-house-from the shame that awaits me with greedy clutches, and receive in return the blessing of a friendless woman! oh!--you will, you will-release my father!--give him back to me and make me happy. ah, ha!--i see, i see, you have feelings, better feelings--feelings that are not seared. you will have pity on me; you will forgive, relent-you cannot see a wretch suffer and not be moved to lighten her pain!" the calm, pensive expression that lights up her countenance is indeed enough to inspire the tender impulses of a heart in which every sense of generosity is not dried up.

her appeal, nevertheless, falls ineffectual. mr. keepum has no generous impulses to bestow upon beings so sensitive of their virtue. with him, it is a ware of very little value, inasmuch as the moral standard fixed by a better class of people is quite loose. he rises from his chair with an air of self-confidence, seizes her by the hand, and attempts to drag her upon his knee, saying, "you know i can and will make you a lady. upon the honor of a gentleman, i love you-always have loved you; but what stands in the way, and is just enough to make any gentleman of my standing mad, is this here squeamishness--"

"no! no! go from me. attempt not again to lay your cruel hands upon me!" the goaded woman struggles from his grasp, and shrieks for help at the very top of her voice. and as the neighbors come rushing up stairs, mr. keepum valorously betakes himself into the street. mad- dened with disappointment, and swearing to have revenge, he seeks his home, and there muses over the "curious woman's" unswerving resolution. "cruelty!" he says to himself--"she charges me with cruelty! well," (here he sighs) "it's only because she lacks a bringing up that can appreciate a gentleman." (keepum could never condescend to believe himself less than a very fine gentleman.) "as sure as the world the creature is somewhat out in the head. she fancies all sorts of things-shame, disgrace, and ruin!--only because she don't understand the quality of our morality-that's all! there's no harm, after all, in these little enjoyments-if the girl would only understand them so. our society is free from pedantry; and there-no damage can result where no one's the wiser. it's like stealing a blush from the cheek of beauty-nobody misses it, and the cheek continues as beautiful as ever." thus philosophizes the chivalric gentleman, until he falls into a fast sleep.

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