THE NEW SHERIFF
As Eddring and Blount sat engaged in conversation after dinner that
same evening, they were interrupted by a sudden disturbance in the
hall. "Stan' aside, you-all," cried a pompous voice. "You wanteh
hindeh a officah o' de law?"
Hurrying footfalls followed, and presently the face of old Bill,
Colonel Blount's faithful bear-hunter, appeared at the door, "Hit's
dat fool new sheriff, Mas' Cunnel," he explained, "Mose Taylor. Why,
he says he got a wah'nt fo' you. I tol' him like enough you was
busy."
"Let him come in, Bill, let him come right along in," said Calvin
Blount, suavely. "Mose Taylor, eh? That's our new sheriff," said he
to Eddring. "He's our joke. Hell of a joke, ain't it?"
Presently there came to the door the form of the new sheriff, large,
portly and pompous. Taylor was a mulatto who long had entertained
political ambitions. The realization of one of his ambitions seemed
for this present moment to give him no especial happiness. On his
face stood beads of sudden perspiration. His office had never before
seemed to him quite so serious as it did at this moment. At his waist
he wore a belt supporting a pair of heavy revolvers with highly
ornamented handles—a present from certain admirers to one who was
looked upon as fit to do much for the elevation of his race. The new
sheriff did not at that moment seem to think of these revolvers. As
Mose Taylor entered the door he cast his glance backward, over his
shoulder. It did not encourage him to see his cowardly posse of black
followers gathered in a huddle at the edge of the overflowed lawn,
beside their boat. They were waiting to see what would happen to
their leader; and their leader now heartily wished that he had
remained with them.
"Come on in, Mose," said Blount, with honey-like sweetness. "Come in
and take a chair." The man sidled in. "Sit down," said Blount,
"sit down! Sit down on it good; that chair ain't hot;" and the
sheriff suddenly obeyed. "I always like to see the sheriff of
Tullahoma County feeling easy-like in my house. Now, tell me, damn
you, what you want around here?"
"Cunnel Blount, sah—well, I got a papah, a wah'nt from co'te, f-fo'
you, sah. I—I—I—didn't think you was quite so well, sah."
"Uh-huh! So that's why you came, eh? I reckon you'd be mighty glad if
I was a heap sicker, wouldn't you?"
"I dunno, sah."
"What's your warrant for, Mose?" said Calvin Blount, still quietly.
"Stealing hogs this time, or killing somebody's cows, maybe? Out with
it. Now, damn you, can't you read your own warrant?"
"Well, sah, you-all know there wuz some killin'—my wah'nt—"
"Yes, we-all do know there was some killing, a little of it, the
beginning of it, a part of it. Now, tell me, have you the
nerve—are you fool enough to come down here and try to arrest any
of us white gentlemen for what we did a few days ago? Now talk. Tell
me!" Blount's face took on its red fighting-hue.
"Wait!" cried Eddring, speaking to Blount, "this is an officer of the
law. This is the law." He rose and stepped between the two, even as
the sheriff fumbled in his pocket for the paper which had lately been
the bolster of his courage, the warrant which in grim jest had been
issued by the court of that county to its duly instituted executive
officer.
Blount's face was an evil thing to see. At a grasp he caught from a
belt which hung at the head board of the bed a well-worn revolver
whitened where long friction on the scabbard had worn away the
bluing. "Out of the way, Eddring," he cried. "Get your head out of
the way, man!" His pistol sight followed steadily here and there,
searching for a clean opening at its victim, now partly protected by
Eddring as the latter sprang between them. Blount sat on the edge of
the bed, his crippled arm fast at his side, his unshaven face aflame,
his red eye burning in an unspeakable rage as it shone down the
pistol-barrel, grimly hunting for a vital spot on the body of the man
beyond him.
"Get out, quick," cried Eddring, and pushed the man through the door.
He sprang to Blount and pushed him in turn back upon the bed.
"It's the law!" he reiterated.
"The law be damned!" cried Calvin Blount. "Let me up! Let me at him!
Him—to come around here to arrest me-that damned nigger! You,
Bill!" he called out, raising his voice. "Throw him off my place. Kill
him!" He struggled furiously with Eddring in his effort to gain the
door.
The new sheriff of Tullahoma County was ashen in color when he
emerged into the hall; and then it was only to look into the muzzle
of a rifle, held steadily by old Bill. There ambled up to Bill's
side, also, Jack, and between them they laid hold of the sheriff of
the county and pushed him out of the house and across the lawn,
administering meanwhile to his body repeated deliberate and energetic
kicks, and thus enthusiastically propelling him into the very
presence of his waiting posse, who raised never a hand to resent
these indignities to one who had been their chosen representative for
the advancement of their race.
"I'll see 'bout dis yer, I will!" cried the sheriff, as at last he
got clear and took refuge in the boat which lay waiting at the edge
of the lawn. "I'll have you-all up for 'sistin' a officah, dat's whut
I will."
"'Sistin' a officah! Who! You?" said Bill. The scorn in his voice
was infinite. "Say, you low-down scoun'rel, you say very much mo' an'
I'll blow yoh head off. You're on our lan', does you know dat? Now
you git off, right soon."
The officer of the law retreated as far as he could into the boat.
"You thought Cunnel Blount was all 'lone in bed, too weak to move,
didn't you?" resumed Bill. "Why, blame you, you couldn't 'rest
Colonel Calvin Blount, not if he was daid! Go 'long dah, now!"
Mose Taylor, the grim jest, the sardonic answer of the whites of
Tullahoma County to those who deal fluently with questions of which
they know but little, was fain to take Bill's sincere advice. Behind
the shelter of the first clump of trees, he folded his arms into a
posture as near resembling that of Napoleon as he could assume. He
frowned heavily. "Huh!" said he savagely, looking from one to another
of the crew who made his "posse." "Huh!" he said again, and yet
again, "Huh!" A cloud sat on his soul. It seemed to him that persons
like himself, earnestly engaged in settling the race problem, ought
not to have such difficulties cast in their way.
Meantime, in the house, Eddring still confronted the rage of Colonel
Blount.
"You," panted Blount. "You! I thought you were one of us."
"I am, I am!" cried Eddring. "I was with you in what you did. I tried
to get to you. It had to be done. But somewhere, Cal, we must stop.
We've got to pull up. We can't fight lawlessness with worse
lawlessness. We must begin with the law."
A bitter smile was his answer. "Is that sort of sheriff the
foundation that you lay?" said Calvin Blount, panting, as at length
he threw his six-shooter upon the bed. "Let me tell you, then, the
law is never going to stand. That's no law for the Delta."
Eddring sunk his face between his hands. "Cal," he said, "we've got
to begin. This country is being ruined, and perhaps it is partly our
own fault. Now, I am guilty as you. are; but I say, we have got to
give ourselves up to the law."
"Give myself up? Why, of course I will. I was going up directly,
soon as I got well, to talk it over with the judge, and arrange for a
trial. All this has got to be squared up legally, of course. But
that's a heap different from sending a nigger sheriff down here to
arrest Cal Blount in his own house. Why, I'm one of the oldest
citizens in these here bottoms. I've carried my end of the log for
fifty years, with black and white. Why, if I should go in with
that fellow, where'd be my reputation? I'd have a heap of show of
living down here after that, wouldn't I? Why, my neighbors'd kill me,
and do me a kindness at that."
"But we must begin," said Eddring, insistently, once more. "There
must be some law. We'll go in and surrender. I'll take your case."
"You mean you'll be my lawyer at the trial?"
"Yes, I'll defend you. But as for you and me, we're for the state,
after all. We've got to prosecute this entire system which prevails
down here to-day. We're growing more and more lawless all over the
South, all over America. Now, we don't want that. We don't believe in
it. Then what can we do? How can we get to the bottom of this thing?
Cal, I reckon you and I are brave enough to begin."
Even as they were speaking, they heard a knock at the door, and Miss
Lady once more stood looking in hesitatingly upon these stern-faced
men. Upon her own face there was horror, terror.
"I don't know what to do!" she cried, her hands at her temples. "I
don't know where to go. You tell me this is my home, and I have
nowhere else to go, but this is a terrible place. Why, I have
just heard about what happened—about Delphine and those others. Why,
sir,"—this to Eddring,—"you knew it all the time. You saw. You
knew!"
"Yes," said Eddring, "that is why I would not let you walk down that
little path on the island. I didn't want you to know—we didn't want
you ever to know."
"Yes, Miss Lady," affirmed Blount, "we knew. We didn't want you to
know."
"But is there no law?" she cried. "Why do you do these things? The
punishment is for the officers, for the courts, and not for you. Why,
how can I look at you without shivering?"
"What shall we do, Miss Lady?" asked Blount, coldly. "What's the
right thing to do? Listen. We've done this thing for you. You're a
white girl. The white women of this country—if we didn't do these
things, what chance would you and your like have in this country? Now,
we've done it for you, and we'll finish the way you say. You're to
decide. Shall we go in and surrender? Shall we be tried? Remember, it
is our own lives at stake, then."
"We will go in, and we will meet our trial," said John Eddring,
rising and interrupting, even as Miss Lady buried her face in her
hands. "We will begin, right here."
THE LAW OF THE LAND
One morning in the early fall, the little town of Clarksville,
county-seat of Tullahoma County, was thronged with people from all
the country round about. There was in progress the trial of certain
white citizens under indictment for murder, among these some of the
most respected men of that region. The case of Colonel Calvin Blount
had been chosen as the first of many.
The court-room in the square brick court house was packed with masses
of silent men. The halls were crowded. The yard of the court house
was full, and the streets were alive with grim-faced men. The
hitching racks were lined with saddle horses, and other horses and
countless mules were hitched to fences and trees even beyond the
outskirts of the town. The hotels had long since abandoned system,
and every dwelling house was open and full to overflowing.
Outside of the town, or mingling in the fringes of the crowd at its
edges, there huddled even greater numbers of those of the colored
race. Some of these were armed. The white men in the streets were
armed. None showed hurry or agitation; none shouted or gesticulated;
yet the clerk of the court had a pistol in his pocket; each juryman
was likewise equipped; the judge on the bench knew there was a pistol
in the drawer of the desk before him. This gathering of the people
was thoughtfully prepared. It was a crisis, and was so recognized.
The silent audience was packed close up to the rail back of which was
stationed the judge's stand and jury-box. Within the railing there
was scanty room; every member of the local bar was there, and many
lawyers from counties round about.
Erect in the grave-faced assemblage, there stood one man, pale of
face but with burning eyes. It was John Eddring, attorney for the
defense in the case of the state against Calvin Blount, charged with
murder. His voice, clean-cut, eager, incisive, reached every corner
of the room. His gestures were few and downright. He was swept
forward by his own convictions of the truth.
Eddring was approaching the conclusion of the argument which he had
begun the previous day. The testimony in these cases, known generally
as the "lynching cases," had long been in and had passed through
examination, cross-examination, rebuttal and surrebuttal.
Eddring knew that he would be followed by an able man, a district
attorney conscientious in the discharge of his duty, however
unpleasant it might be. He had therefore with the greatest care
analyzed the evidence of the state as offered, and had demonstrated
the technical impossibility of a conviction. Yet this, he knew, would
not upon this occasion suffice. He went on toward the heart of the
real case which he felt was then on trial before this jury of the
people.
"Your Honor and gentlemen of the jury," he continued, "we all know
that we are, in effect, trying today not one man, not one district,
not one state, but an entire system. We are trying the South. The
life and the liberty of the South are at stake. To prove this, these
men have come in and given themselves up as an atonement, as a blood
offering like to that of old; seeking to prove that what they
continually have coveted is not lawlessness, but the law.
"Now I say this, and I say, also, let each of us have a care lest he
lose touch with the eternal pillar of the truth. There it is. It
rises before you, gentlemen, that silent, somber shaft. It finds its
summit in the sky. I pray God to keep my own hand in touch thereto,
and my eyes turned not aside. And my life, with that of these others,
is offered freely in proof that we covet not lawlessness, but the
law! We are white men, and where the white man has gone, there has he
builded ever, first of all, his temple of the law. Upon whatever land
the Anglo-Saxon sets his foot, of that land he is the master, or
there he finds his grave. First he lays his hearthstone, and upon
that foundation he builds his temple of the law. A race which has no
hearthstone knows no law.
"Inasmuch as God has made all manner of things diverse, setting no
fence even between species and species, creating all blades of grass
alike, yet not one the duplicate of another; then neither should we,
being human, essay a wisdom greater than that of the eternal
compromise of life. No human document, no sum of human wisdom, not
even the Deity of all life can or does guarantee a success which
means individual equality in the result of effort. The chance, the
opportunity—that is the law, and that is all the law. Beyond that
did not go the intent of that Divinity which decreed the scheme under
which this earth must endure. To war and conflict each creature is
foreordained, for so runs the decree of life. But never, in the
divine wisdom, was it established that the mouth of the stream should
be its source; that inequality should be equality; that failure
should be success; that unfitness should mean survival.
"In reading the pages of the great and beloved Constitution of
America there have been those who have juggled the import of the word
'success' with the meaning of the chance to succeed.
"There was such juggling in those war amendments to that
Constitution, which to-day represent the folly of a part of America—
not of all of America. Those amendments, if they be not of themselves
war measures, were at least consequences of war measures. This
Constitution which we call supreme can, of itself, be amended—can,
indeed, itself be set aside by its own servants, as was proved in
that very war whose memory is still in our minds. The Supreme Court,
in the Legal Tender case, admittedly set aside the Constitution. It
did so of necessity, and as a measure demanded by the times of war.
The supreme letter of the law has not always been respected by this
people, nor by its wisest men, by its most august servants.
"It is not the law, gentlemen, vainly to call two blades of grass
identical, vainly to call the hare and tiger alike and equal; vainly
to call, if you like, black the same as white. The law is that if it
be possible for the hare to approach its neighbor in ways desirable,
it be given its chance to do so. If the black man can grow like to
the white in all human attainments, if he can grow and succeed, then
let him have the chance to do so.
"But that same chance of betterment and advancement, that same
selfish chance to prevail and to survive, that chance to succeed
given under the divine intent, must be accorded also to that creature
known as the white man. If he, the white man, can prevail, can
survive, can succeed, he, too, must have his chance. That is the law!
But the chance of either white or black man is his own and is not
negotiable. That is the law! Not without fitness can there be
ultimate success. Not until the fullness of the years can there be
attainment for any creature of this earth. That is the law! There is
no tree growing in the center of this ordained universe wherefrom the
full fruit of survival and of success may be plucked and eaten
without effort and without earning. No individual has done it. No one
can do it. Bounty and gift do not make success. It must be won!
"Is this doctrine difficult? If so, we can not change it. It is the
great law, irrevocable and unamendable, and it is no more kind and no
more cruel than life itself is kind or cruel. It is the law. That is
the law!
"The makers of the Constitution, the amenders of the Constitution—
that document subject to change, subject to being ignored, as has
been the case—could never, under the enduring law, guarantee success
plucked as an apple for each and every man who had not earned it.
Gentlemen, talk not to me of the broad charity of this nation, or of
its general justice to humanity. Call not this piece-work
Constitution of ours, amended and subject to amendment, an approach
to divine charity or wisdom. No; for in some of its effects it has
proved to be the most cruel and unjust measure ever known in all
human laws.
"It was cruel and unjust to whom? To us? To the white man? No, no. It
was cruel in that it presented a title to success, to fitness and to
survival unto eager, ignorant hands, and then by its own limitations
snatched that title away from them again. It sought to do that which
can not be done—to establish growth instead of the chance to grow.
It was cruel. It was unjust. In the wisdom of a later day its
patchwork form must once more be changed. It must be changed as a
protection, no more against the former slaves of the South than
against the future slaves of the North.
"Gentlemen, if that change could be effected to-morrow by the
offering up of this life—of these lives now in your hands—I say
these lives would be laid down gladly. Take them if you will. They
are our pledge that we covet not lawlessness, but the law; our pledge
that, having no law, we have been eager to act lawfully as we might.
The reign of lawlessness and terror must end in this country. We must
contrive some machinery of the law which shall command respect. We
must not continually drag the name of the South—the name of America—
in the mire of lawlessness. To do that is to smirch the flag—the
one flag of America. But we denounce and will always denounce that
false decree which says that black is white; that inequality is
equality; that lack of manhood is manhood itself; that the absence of
a hearthstone can mean a home; that the absence of the home can mean
a permanent society.
"In the future the North, packed and crowded beyond endurance, with
imported and herded white slaves who in time will demand the position
of masters—as the blacks may legally demand that position here to-
day—will pay her price for the right to make this plea. The South
has already paid a thousand times for her right to make it to-day.
With treasure she has paid for it; with roof-tree and hearth-tree she
has paid it dear, and with the sacred tears of women. With the
sacrifice of her own future she has paid for that right. But the
South and the North belong together, not held apart by politics, but
held together in brotherhood. In the name of all justice, let us hope
that the South shall not be asked to pay the bitterest of all prices,
the misunderstanding and the alienation of those whom she loves and
would embrace as her brothers. Let us hope, in the name of mercy, if
not of justice, that the South shall be understood as a region having
a problem, a problem which is national, and not sectional, and not
political. Let us in all fairness hope that our northern brothers
will understand that the South is honest in her attempt to deal with
that problem in her time, which is the time of to-day.
"Your Honor, I do not depart from my argument. I am not here for wild
talk regarding the relations of the two races. It is the ages alone
which will decide that problem. But I am here to stand for the law
and not for lawlessness. I am here to say that our flag, the American
flag, is for all men, and for America; not for Africa alone, or for
Europe alone, but for America. It is the flag of progress, not the
flag of anarchy. It is the banner of civilization and not of
savagery. That, and not the banner of Africa or of Europe, must be
our ensign to-day.
"Your Honor, and gentlemen, we are not here today to conclude that
God set the white man over the black. We are to conclude simply that
He set him apart from the black man. The divine right of slavery was
an impiety, and, worst of all, an absurdity. The South made that
mistake, and bitter has been the price of her folly. Yet the South,
having sinned, paid the price of her sinning in all ways exacted of
her. She accepted the ruling of the North, and, as a distinguished
orator once said, surrendered 'bravely and frankly.' But she did not
admit, and please God, never will admit, that those fresh from
savagery should govern the white men, that they should institute the
machinery of the law whereunder the white man must live.
"Gentlemen, you see before you, sardonically done, the fruits of the
Black Justice. Is that the Law? If it be, then send us to our graves;
for as that Black Justice formally exists to-day, Calvin Blount, and
I, and these others, must go back to our fields or to our graves. Do
you wish to send us to the latter? If you do, you send these other
white men just as lawfully back to take up the hoe of labor, to bend
their necks under the black yoke of African ignorance and savagery.
Is that the Law? In my heart, gentlemen, I believe that those who say
this is the law have not read the history of this country, do not
understand the theory of this country, and can not speak for it
unselfishly or honestly.
"Yet, gentlemen, that is the dilemma into which our brothers of the
North would continually thrust us. Suppose that, casting about for
some possible measure to free us from one point or the other of that
dilemma, we should seek some legal compromise which would free us
from the letter of this oppressive law of our national Constitution.
Suppose there should be proposed some general and stern limitation of
the franchise? Such an onerous qualification must needs apply to
black and white alike. Who would be first to object to it? It would
be the politicians of the North, who could not afford to exact even a
prepaid poll-tax as a test for a vote. In time the North will need to
free her white slaves, already turbulent and rebellious. In time she
will have to pay for them, as we of the South have paid. After that
great civil war which is yet to come, the men of the North may
perhaps understand more fully the meaning of that phrase 'the manhood
suffrage' and know that manhood means survival, that good manhood
means the product of a good environment, a survival slowly and fitly
won. By that time, North and South, perhaps, will know that the
franchise should be as the bulwark of the law, not the destroyer of
the law. Until that time, we of the South must continue to pay our
part of the price of the national lawlessness; and we must continue,
each commonwealth for itself as best it may, to enact laws which
shall in part lessen the intolerable weight of that which we have set
up as the idol of our national laws—that Constitution, which is
impossible and not practicable, which is merciless instead of just,
which is cruel instead of being kind, and most cruel to those whom it
is thought to shelter. Meantime the South feels still the intolerable
weight of that Constitution, the intolerable sting of the demand of
her northern brothers, that she shall be asked to endure, in the name
of this incubus, this body of the law, the continuous burglarizing of
her honor and her prosperity—the burglarizing of the house of her
society.
"We know that it is the chiefest of cruelty and unkindness, the
chiefest of madness, to incite these poor and ignorant people—ever
ready to follow the voice of sophistry or selfishness—to believe
that their burglary of the house of success is right and reasonable;
because it is certain that such burglary will be met in the South by
the law, by the White Justice, and that, if need be, until either
white or black man shall exist no more in this portion of America.
Gentlemen, North and South owe it to America, America owes it to the
world, that there be held aloft for our worship an image of the Law
more honorable than this. Until that time of a more honorable image
for our worship, there must perhaps go on the enormous folly of one
portion of this nation asking another portion to destroy itself for
the sake of an unworthy race. This demand, gentlemen, I take to be an
actual treason to the law and to this country.
"The white man has won his rights—why? Because he was able to do so.
He accords to any other race the same privilege. That is the law of
survival; it is greater than any law of politics, greater than any
statute law.
"But, your Honor, these men can not be acquitted under any plea
dealing with generalizations alone. The law of the land must be
observed in so far as that law exists.
"Now I ask whether at the time of the acts charged against Calvin
Blount there existed any adequate machinery of the law. I have
pointed out to you the precedent of the great case handled by Mr.
Webster in the city of New York, in which case the statutes were set
aside by the greater law of an immediate and overpowering necessity.
I submit to you that necessity, the greatest of all laws, and in
precedent respected by our courts as such, would have overridden even
the regular machinery of our laws had it been in operation. I submit
further to you that no law existed in this country at that time; that
the service of the law to its citizens had ceased. If the greatest
court of the country still tolerates the burglary of the house of
society by this so-called manhood suffrage, which should rather be
called the per capita suffrage, then at least the lesser courts,
wiser than the greater, recognize the fact that some crimes require
no warrant for arrest; that sometimes the citizen is court and
executive in one and at once.
"As the greatest authorities of the law have written, in the
organization of society the individual never surrenders all of his
rights. He retains for ever and inalienably, after all his
delegations to society and the law, a residuum of power for his own.
He retains under the great and supreme law of all life, that sweet,
that divine privilege, his chance to succeed, his chance to
survive! No tyranny, no oppression, can overcome that sweetest and
strongest of all the Anglo-Saxon's coveted rights. Instead, he has
ever risen against the law, when that law has demanded of him this
last, this ultimate and inalienable right, this principle under which
he has builded the civilization of the world.
"In defiance of statute laws grown weak and impotent, the barons at
Runnymede wrested Magna Charta from King John; in defiance of statute
laws grown weak and impotent, the free men of England wrested their
Habeas Corpus Act from King Charles; in defiance of statute laws
grown weak and impotent, the colonists of America wrested a virgin
empire from King George.
"And, please God, in defiance of statute laws grown weak and
impotent, the white man will wrest from whatsoever hand may hold it,
the right to protect the integrity of his race, the safety of his
women, the sanctity of his two-fold temple of the law!
"I therefore submit to you that a sacred exigency demanded the action
of this prisoner, of these prisoners; and I submit that this prisoner
at the bar is innocent before the law. But beyond that I add my plea,
with that of this honorable court, and of these gentlemen, that one
day we may have given to us an image of the Law which we may venerate
in letter and in spirit, and a law capable of its own enforcement.
"As I stand before you, gentlemen, this prisoner, this cause, its
feeble advocate, seem small and inconsiderable. But at my side I see
arising the eternal pillars of the temple of the White Justice. Do
you not see them, rising solemn and stately before you, those
pillars, their heads taking hold upon the heavens? If that temple has
been defiled, if it has been cast down, then let us hope that South
and North will restore it again in its full majesty. And when,
finally, aided, as we hope, by our brothers of the North, we, as
citizens of an ofttimes mistaken, yet eventually to be united
America, shall have builded this renewed temple of the law, then the
lives of the white men of this state will be—like ours joined in
this trial before you—free pledge that the men of this country, so
long charged with lawlessness, shall come and bow in that temple in
reverence of that law which they have always coveted and which they
covet here to-day. Your Honor, and gentlemen of the jury, in the face
of that statement, I say that not Calvin Blount—nor any one of these
prisoners—has violated the law. And so I close with the words of the
ancient form of pleading: Of this we do indeed put ourselves upon the
country."
In the silence which fell upon the room as Eddring closed, the
district attorney arose to present the case of the state. He began
slowly, gravely, logically. He presented the printed page of the
statutes, called attention to the formal accuracy of the proceedings,
the overwhelming nature of the evidence; he explained that without
law, nothing remained but anarchy. He pointed out to the jury that
here was the law, plain and unmistakable; here were the facts,
obvious and uncontroverted, the convicting facts. He spoke of the
infamy which had been cast upon the name of the South by reason of
just such deeds as these. He urged the necessity for an absolute and
unyielding observance of the letter of the law, those statutes from
which they dared not depart. They were statutes which could not be
overswept by any glittering speciousness, or set aside by fine spun
theories as to what might or might not be a more desirable order of
affairs. He reminded them of their oath, their sworn promise to
enforce the law—this law, the law of the printed page.
[Illustration: "OF THIS WE DO INDEED PUT OURSELVES UPON THE COUNTRY."
p. 358]
He spoke for two hours, and he did his duty; but he addressed himself
to men of stone, and he knew it even as he spoke. Not to be moved by
his words were these set and solemn faces. Concluding with a
passionate appeal that they should protect the fair name of their
country from the stigma of lawlessness, he resumed his seat, knowing
then the verdict which would follow.
The judge, an old man with silvery hair, turned to the jury.
"Retire, gentlemen, to consider of your verdict."
The door to the jury-room closed behind them, and left a thousand
eyes fixed anxiously upon it.
They had scarcely disappeared when the knock of the foreman was heard
at the door.
"Bring in the jury, Mr. Sheriff," the judge ordered.
The foreman of the jury, an unknown man, tall and stooped, with
scraggly hair and beard, handed a folded paper to the clerk.
"Mr. Clerk, read the verdict," the judge ordered; and the clerk read:
"We, the jury, find the defendant not guilty."
The words were received in utter silence.
Presently all, jury and bar and spectators, filed from the court-
room, quietly, not with oaths or threats of violence for those others
who at the outskirts of the town were waiting for their answer. And
they, the waiting ones, found their answer in this silence, and so
now slipped out into the forest. The crowds of white men in the town
also quietly melted away.
That night at the hotel the judge and certain citizens were engaged
in quiet conversation.
"I think," said the judge, "that this young gentleman, Mr. Eddring,
belongs somewhere in a position of trust. I believe that he can be
depended upon to think, and not merely to play politics for the sake
of office holding. We have had too much politics in the South, and
too much in America. It's time now we did a little thinking."
"You're right about that, Judge," broke in the voice of Calvin
Blount. "But it's just as he says, we've got to begin. We've got to
have some kind of law to begin under."
The judge sighed. "It is humiliating to have to resort to any sort of
subterfuge," said he. "Of course, in law, the rule must apply to
black and white alike. I see that one of our sister states has passed
a law allowing no one to vote who can not read, or who can not write
on dictation any section of the Constitution; or who has not paid
state and county taxes for two preceding years. This test is not
applied to any one who was entitled to vote in any one of the states
of the Union on January first, 1867, or at some time prior thereto.
It does not apply to any legitimate lineal descendant of persons
entitled to vote prior to that time. That is an evasion. Yet, as this
young gentleman said, we can not submit to the burglarizing of the
house of our society. Until we may legally repel, we must legally
evade."
"Why, see here, men," broke in Blount, again, "if you'll let me say
so, Judge, there ain't no law higher than the law of poker. Now we've
let Mr. Nigger into the game with us; or, anyhow, he's here, and
somebody gives him a few chips. He don't buy 'em for himself, and he
don't know the value of 'em. His chips ought to be good as far as
they last. The trouble with Mr. Nigger is, he's wanting to get into
every jack-pot with less'n a pair of deuces, and wanting to play on
the ground that his white chips are as good as the other fellow's
blue ones. Now, that ain't poker!"
"It Shirley ain't," said the tall foreman, wagging a scraggly beard.
The judge smiled softly and gravely. "No," said he. "There should be
justice to the white man as well as the black. You will notice the
order in which I place those terms."
Calvin Blount hitched his chair closer up to the table. "But now you
were saying, Judge, that we ought to do something for this young
fellow, Eddring. I have known him a long time, from the time he was
claim agent on the railroad. I want to say he's a man and a
gentleman, not afraid of anything, and he wants to do what's right. I
don't think he puts money ahead of everything else in the world. For
my part, if he was my representative in the Legislature, or in
Congress either, I'd feel right sure he'd represent me strictly
according to the legitimate rules of poker; and that's a blamed
sight more than a whole lot of politicians are doing to-day, North
or South."
"It Shirley is!" again said the foreman, wagging his scraggly beard.
MISS LADY AT THE BIG HOUSE
The days wore on not ungentle at the Big House, until the mild
southern winter had taken the place of mellow fall, and until
presently all the land was again full of the warm, sweet smell of
spring. Softness and gentleness rested on all the world, and upon
every side were tokens that calm had come again to a land late
distraught. Slowly the signs of wreck and ruin disappeared about the
plantation. The track of the receding waters was covered with a swift
verdure. The cabins, late half-submerged and deserted, again found,
at least in part, a tenantry. Songs were heard once more as the
plowmen resumed their labors in the fields. Green and white and pink
colors appeared, and gracious odors, and kindly sights filled now all
the horizon. Peace, and content, and hope seemed now at hand once
more. The master of the Big House saw about him his accustomed
kingdom, and once more his subjects felt the hand of a master, if as
firm, perhaps more kindly than ever before.
As for Miss Lady, she dropped back into the life of the place as
though she had been gone but for a day. Care and responsibility sat
upon the brow of Madame Delchasse, but Miss Lady, not less useful in
the household economy, went about her employment as if she had never
been away. Of those who welcomed her back to the Big House there was
none more thankful and adoring than the old bear-dog, Hec. At the
first sight of his divinity, not forgotten in all these long months,
Hec, himself grown very old and gray, well-nigh wriggled his
rheumatic frame apart, and lifted up his voice in a very wail of
thanksgiving. From that time on he rarely allowed Miss Lady out of
his sight, but pursued her about the place, hobbling and whimpering
when her feet grew too swift; nor did his homage know any change save
when Miss Lady deserted him to bestow her attentions elsewhere,
whether upon little yellow chickens, or upon some of the toddling
puppies which filled the yard about the Big House.
Of all little helpless things, Miss Lady could not find too many for
her attention. Upon one certain morning in the spring, some time
after the late trial at the Clarksville court, Miss Lady was sitting
out on the board-pile beneath the evergreen trees in the front yard
of the Big House. Her wide hat, confined loosely by its strings, had
fallen back on her shoulders, so that the sun and the warm wind had
their way of the brown hair, and the cheeks now flushed with tender
solicitude for the three puppies she held in her lap. Yet other
puppies scrambled at a pan of milk close by her feet, while at a
distance old Hec, too dignified to engage in such procedures, lay in
the shade and gazed at her with reproachful eyes. Calvin Blount,
coming about the corner of the house, stood for a while and gazed at
this picture in silence before he approached and interrupted.
"Miss Lady," said he, "you never did know how glad I am to have you
back here again. Why, a while ago I didn't care what became of me, or
of anything else. I wasn't even half-training my pack of dogs. Now I
have got more'n fifty of the best hounds that ever run a trail, and
with you to take care of the cripples and the puppies, it certainly
looks like the old pack is going to last a while yet. Yes, you surely
are right useful on the place."
"You are not any gladder than I am," said Miss Lady. "I've every
reason in the world to be glad."
"Well," said Blount, seating himself apart on the end of the board-
pile, "I've got a few, myself. This here is a heap better than being
in jail, or maybe getting hung."
"Don't talk about it," said Miss Lady, shuddering.
"I don't want to think—"
"Well, it was Jack Eddring got us out of it all, I reckon," said
Blount, breaking off a splinter from the board. "Did you ever stop to
think, Miss Lady, that he's a powerful fine young man?"
"Why do you always talk about him?" said Miss Lady, turning, to the
sudden discomfort of one of the puppies. "Every time anything comes
up—"
"Now, hold on," said Blount, "you don't say a word against that young
man while I'm around. I want to tell you that fellow has showed me a
heap. He's a square, hard-working man, as honest as the day is long,
straight as a string, square as they make 'em, and not afraid of
nothing on earth. I ask him to come down here and go b'ah hunting. He
always says he has to work—works harder than any nigger I ever had
on the place. Now that's what he done showed me. I reckon he'd be a
good sort of model for this whole southern country to-day. He's proof
enough to my mind that a man can work, and do his own work, and still
be a gentleman. I've been right lazy in my time, I reckon, b'ah
hunting and that sort of thing, but now I come to think it all over,
I don't know but what Jack Eddring is as near right as anybody I know
of. He allows he's got something to do in this world, and he's
starting out to do it. He sort of showed me that maybe that's about
the best thing a man can do with himself—just work.
"Besides, Miss Lady,"—and here Blount turned upon her suddenly,
"that man's done a heap for you."
"Oh, well—" began Miss Lady.
"And he thinks a heap of you. That is,"—and here Blount undertook to
save himself from what he swiftly fancied might be indiscretion—
"he's like all of us people down in here, you know. Now they tell me
that up North, in the big cities where I've never been at, there's so
many women that folks think they're right common. I don't believe
that, nohow, for it don't stand to reason. Now we-all know that a
woman is something a good ways off, and high up and hard to reach.
That's the way we-all feel. But now even if we allow it that way, I
want to say that Jack Eddring has done a heap for you, Miss Lady,
that maybe you don't know about. He didn't have to do it, either."
"I never asked him to do anything—I never told him."
"No, you didn't," said Cal Blount, gravely. "You sort of allowed that
he was a meddling sneak-thief, Miss Lady. I want to say right here
that I allow a lot different from that. Now, if I know that man at
all, he ain't going to come around you and make any sort of talk.
You'll have to go to him."
"I'll not!" said Miss Lady, again eliciting a yelp from one of the
puppies in her lap.
"There, there, now," said Blount, gently. "Just you hold on a minute.
Don't say you will or you won't. I just want to ask you one thing,
Miss Lady. Who do you reckon you are? I know you're Miss Lady, and
that's all I want to know. But who do you think you are?"
The kindness of the keen gray eye disarmed Miss Lady. In the sheer
instinct of youth and vitality she spread out her arms wide, her face
turned up halfway toward the sky, her lips half-parted: "Oh, don't
ask me, Colonel Cal," said she. "I'm alive, and it's spring. I danced
in the big room this morning, Colonel Cal! Isn't it enough, just to
be alive?" Thus she evaded that question, which she had so long
shunned as impossible of answer.
"Yes, it's enough, Miss Lady," said the old planter, gravely. "It's
enough for you. But now, we men who are your friends have got to take
care of you. We've got to do the thinking. Now, I'm saying that Jack
Eddring has done a heap of thinking for you that you don't know
anything about."
"Oh, I know he sort of took charge of things down there at New
Orleans. He told me a lot. And then—about Mr. Decherd—"
"Yes, about Mr. Decherd. I've never talked much to you about that,
because the time hadn't come. Now I want to say that Jack Eddring had
more right to throw that man Decherd off the boat than ever you
understood. I'd have done it the same way, only maybe rougher. We're
friends of yours. You're ours, you know. You haven't got any mother.
Thank God, you haven't got any husband. You haven't got any father.
Now tell me, Miss Lady, who do you reckon Henry Decherd is, and what
do you think he wanted to do?"
Miss Lady, suddenly sober, turned toward him a face grave and
thoughtful. A certain portion of the old morbidness returned to her.
"It's not kind of you, Colonel Cal," said she, "to remind me that I'm
nobody. I'm worse than an orphan. I'm worse than a foundling. How I
endure staying here is more than I can tell. Shall I go away again?"
"There, there, none of that," said Blount, sharply. "I'll have none
of that; and you'll understand that right away. You're here, and you
belong here. You don't go out beyond the edge of this yard and get
tangled up with any more Henry Decherds, I'll tell you that.
Now, there's certain things people are fitted for. There's Mrs.
Delchasse, a-stewing and a-kicking all the time because she wants to
go back to New Orleans. I tell her she can't go, because she's got to
stay here and take care of you. Now I'm fit to hunt b'ah. I can tell
by looking at a b'ah's track which way he's going to run. Same way
with Mrs. Delchasse. She can just look at a cook stove and tell what
it's going to do. You can run the rest of this house, and do it easy.
We're all right, just the way we are. Now it's going to be that way
for a while, and no other way, and I don't want no orphan talk from
you. For the time being I'm your daddy—and nothing else.
"But now," he went on, presently, "Jack Eddring is fit to do other
things. He's been digging around, like he maybe told you part way,
for all I know, and he's found out a heap of things about you that
you didn't know, and I didn't know. Miss Lady, as far as I know, you
may be richer than I am before long. If you think I've missed the
corn-bread you've done eat at my place, why, maybe some day we can
negotiate for you to pay for it. Now I ask you once more, who
are you? and you can't tell. How ought you to feel toward the man who
can tell you what you are, and who you are? And him a man who
can do that, not for pay, but just because you are Miss Lady. How
ought you to feel in a case like that?"
Miss Lady said nothing. She only looked anxious and ill at ease.
"Now listen. I'm going to tell you what we know about you, or think
we know.
"We think your real name is Louise Loisson, just the name you picked
out for yourself. We think that was the name of your mother, and of
your grandmother, too, for that matter. If all that is so, then
you're rich, if you can prove your title; and we think you can. Tell
me, what do you know about Mrs. Ellison? And what do you know about
Henry Decherd? Were they ever married?"
A deep flush of shame sprang to Miss Lady's face as she turned about
at this. "Colonel Cal," she began, and her voice trembled; "you hurt.
All this hurts me so."
"Now hold on, child," said Blount, quickly. "None of that, either.
This is strictly business. I know you are not the child of Mrs.
Ellison. You are somebody else's daughter. You were in her company or
her possession for a long time; just why, we can't prove yet a while.
But there was something right mysterious between that fellow Decherd
and Mrs. Ellison. Did you ever see them much together, as long as you
were living with Mrs. Ellison?"
"No," said Miss Lady, "never, except as they met occasionally here or
there. Mrs. Ellison traveled a great deal from time to time, when I
was little, before we went to New Orleans, where I went to school
with the Sisters. She, my mother—that is, Mrs. Ellison—had money
from somewhere, not always very much. Mr. Decherd told me often that
he simply was an old friend of hers. I always thought he was a lawyer
somewhere in this state. Sometimes he went to St. Louis. We went to
New Orleans; and that was the last I saw of him for some years until
we came here to the Big House."
"That's all you know?" asked Blount. "You don't remember any mother
of your own?"
"Not in the least." Tears welled from her eyes, and this time Blount
did not protest.
"Miss Lady," said he, "there are some things we can't clear up yet.
We can't prove just yet who was your own mother, but I want to tell
you, you were born as far above that sort of life as that there sun
is above the earth. No matter how much Decherd loved you, or how much
right he had to love you, he couldn't do you anything but wrong and
harm, and injury, and shame. As near as we can find out, he was about
as bad, and about as sharp a man as ever struck this country. We
couldn't hardly believe at first how smooth he was. Miss Lady, we
can't tell just what his relations to Mrs. Ellison were. We know they
had some kind of an understanding. We know that he was mixed up with
Delphine down here on some sort of a basis. We know that he was
robbing the railroad here with a list of judgment claims against the
road, which he stole in some way. We know he was underneath a heap of
this trouble with the niggers down here, and that he used Delphine as
a cat's-paw in that. It was his scheme to have other people stir up
all the trouble they could, so he could carry on his own devilment
behind the smoke. Now we know he was mixed up with those two women
somehow. I won't ask you any questions, and won't try to understand
why you could have been so blind as not to know your own friends.—
No, Miss Lady, come back here, and sit right down. You've got to take
your own medicine, and some day you've got to know your own friends.
Now sit down, and hold on till I tell you what I know about this."
And so, to a Miss Lady alternately shocked and ashamed, he went on to
tell in his own fashion, and to the best of his knowledge, the facts
of the strange story which had been canvassed between himself and
Eddring long before. The sun was still farther up in the heavens when
he had concluded, and when finally he rose to his feet and stood
erect before her.
"So there you are, Miss Lady," said he. "You couldn't be any better
than we knew you were all along. I don't think any more of you now
than I ever did; and I don't believe Jack Eddring does either. Now,
we don't know where this man Decherd will turn up again. You've got
to stay here until we find out about that. But this thing can't run
along this way, and it's got to be settled on a business basis. We've
got to find Mrs. Ellison and make her tell what she knows. As to
Decherd, his own rope'll hang him before long. Now, I'm going to be
your agent, your attorney-in-fact. That's what we'd call a 'next
friend' in law, maybe, though you don't need any guardian now. If
you've got any better friend, you name him, but I know you haven't.
Then we'll start suit to get possession of that property, which is
yours. Jack Eddring will be your attorney. I'll appoint him myself,
right now. He's just a little too good for you, Miss Lady, for you
didn't think he was honest; but he'll handle this case. The only
promise I want of you is this: if you get plumb rich and independent,
and able to go where you like, and marry anybody you want to, you
won't get up and go right away at once and leave us all. You won't
do that right away, now will you, Miss Lady?"
Tears still stood in Miss Lady's eyes, as she put both her hands in
the big one extended to her. "Colonel Cal," said she, "it's a wonder
that I can know my friends, or tell the truth, or do anything that's
right. It's been deceit, and treachery, and wrong about me all the
time. I have hardly heard a true word, it seems to me, except when I
was with the Sisters. But I think that she, Mrs. Ellison, told me one
true thing, although she didn't mean it that way. She said, 'There's
nothing in the world for a woman except the men.' That's the truth.
It's been the truth for me. They're not all bad; I know now I've met
two good ones, at least."
"You said two?" asked Blount.
Miss Lady hesitated. "Yes—two," she said, "I'm so sorry."
Blount caught the penitence of her tone and the meaning of her
unfinished speech, and was content to leave his friend's case as it
was. "Miss Lady," said he, sternly, "what do you mean idling around
here all the morning? Can't you hear my dogs hollering? Them puppies
will just naturally starve to death, and here you are a-visiting
around in the shade, not tending to business."
It was a sober and thoughtful young woman who looked up at him. "All
my life, Colonel Cal," said she, "there has been a sort of cloud
before my eyes. I could not see clearly. Tell me, do you think I'll
ever understand, and see everything clearly, and be my real self?"
"Yes, girl," said Calvin Blount, "you'll see it all clear, some day;
and I hope it won't be long. Now, I said, go feed them puppies. And
look at old Hec, there, wanting to talk to you."