Justice in the By-Ways Part 12

"Women," interposes the old Judge, dreamily, "always have wishes to gratify. W-o-l, if its teu sign a warrant, hang a n.i.g.g.e.r, tar and feather an abolitionist, ride the British Consul out a town, or send a dozen vagrants to the whipping-post-I'm thar. Anything my hand's in at!" incoherently mumbles this judicial dignitary.

Mr. Snivel having reminded the Judge that ten o'clock to-morrow morning is the time appointed for meeting Splitwood, the "n.i.g.g.e.r broker," who furnishes capital with which they start a new paper for the new party, drops away into a refres.h.i.+ng sleep, his head on the marble.

"Grant me, as a favor, an order for the release of poor Tom Swiggs.

You cannot deny me this, Judge," says Anna, with an arch smile, and pausing for a reply.

"Wol, as to that," responds this high functionary, "if I'd power, 'twouldn't be long afore I'd dew it, though his mother'd turn the town upside down; but I hain't no power in the premises. I make it a rule, on and off the bench, never to refuse the request of a pretty woman. Chivalry, you know."

"For your compliment, Judge, I thank you. The granting my request, however, would be more grateful to my feelings."

"It speaks well of your heart, my dear girl; but, you see, I'm only a Judge. Mr. Snivel, here, probably committed him ('Snivel! here, wake up!' he says, shaking him violently), he commits everybody.

Being a Justice of the Peace, you see, and justices of the peace being everything here, I may prevail on him to grant your request!"

pursues the Judge, brightening up at the earnest manner in which Anna makes her appeal. "Snivel! Snivel!--Justice Snivel, come, wake up. Thar is a call for your sarvices." The Judge continues to shake the higher functionary violently. Mr. Snivel with a modest snore rouses from his nap, says he is always ready to do a bit of a good turn. "If you are, then," interposes the fair girl, "let it be made known now. Grant me an order of release for Tom Swiggs. Remember what will be the consequence of a refusal!"

"Tom Swiggs! Tom Swiggs!--why I've made a deal of fees of that fellow. But, viewing it in either a judicial or philosophical light, he's quite as well where he is. They don't give them much to eat in jail I admit, but it is a great place for straightening the morals of a rum-head like Tom. And he has got down so low that all the justices in the city couldn't make him fit for respectable society."

Mr. Snivel yawns and stretches his arms athwart.

"But you can grant me the order independent of what respectable society will do."

Mr. Snivel replies, bowing, a pretty woman is more than a match for the whole judiciary. He will make a good amount of fees out of Tom yet; and what his testy old mother declines to pay, he will charge to the State, as the law gives him a right to do.

"Then I am to understand!" quickly retorts Anna, rising from her chair, with an expression of contempt on her countenance, and a satirical curl on her lip, "you have no true regard for me then; your friends.h.i.+p is that of the knave, who has nothing to give after his ends are served. I will leave you!" The Judge takes her gently by the arm; indignantly she pushes him from her, as her great black eyes flash with pa.s.sion, and she seeks for the door. Mr. Snivel has placed himself against it, begs she will be calm. "Why," he says, "get into a pa.s.sion at that which was but a joke." The Judge touches him on the arm significantly, and whispers in his ear, "grant her the order-grant it, for peace sake, Justice Snivel."

"Now, if you will tell me why you take so deep an interest in getting them fellows out of prison, I will grant the order of release," Mr. Snivel says, and with an air of great gallantry leads her back to her chair.

"None but friends.h.i.+p for one who served me when he had it in his power."

"I see! I see!" interrupts our gallant justice; "the renewal of an old acquaintance; you are to play the part of Don Quixote,--he, the mistress. It's well enough there should be a change in the knights, and that the stripling who goes about in the garb of the clergy, and has been puzzling his wits how to get Tom out of prison for the last six months--"

"Your trades never agree;" parenthesises Anna.

"Should yield the lance to you."

"Who better able to wield it in this chivalrous atmosphere? It only pains my own feelings to confess myself an abandoned woman; but I have a consolation in knowing how powerful an abandoned woman may be in Charleston."

An admonition from the old Judge, and Mr. Snivel draws his chair to the table, upon which he places his left elbow, rests his head on his hand. "This fellow will get out; his mother-I have pledged my honor to keep him fast locked up-will find it out, and there'll be a fuss among our first families," he whispers. Anna pledges him her honor, a thing she never betrays, that the secret of Tom's release shall be a matter of strict confidence. And having shook hands over it, Mr. Snivel seizes the pen and writes an order of release, commanding the jailer to set at liberty one Tom Swiggs, committed as a vagrant upon a justice's warrant, &c., &c., &c. "There," says Justice Snivel, "the thing is done-now for a kiss;" and the fair girl permits him to kiss her brow. "Me too; the bench and the bar!"

rejoins the Judge, following the example of his junior. And with an air of triumph the victorious girl bears away what at this moment she values a prize.

CHAPTER XVI.

IN WHICH TOM SWIGGS GAINS HIS LIBERTY, AND WHAT BEFALLS HIM.

ANNA gives George Mullholland the letter of release, and on the succeeding morning he is seen entering at the iron gate of the wall that encloses the old prison. "Bread! give me bread," greets his ear as soon as he enters the sombre old pile. He walks through the debtors' floor, startles as he hears the stifled cry for bread, and contemplates with pained feelings the wasting forms and sickly faces that everywhere meet his eye. The same piercing cry grates upon his senses as he sallies along the damp, narrow aisle of the second floor, lined on both sides with small, filthy cells, in which are incarcerated men whose crime is that of having committed "a.s.sault and battery," and British seamen innocent of all crime except that of having a colored skin. If anything less than a gentleman commit a.s.sault and battery, we punish him with imprisonment; we have no law to punish gentlemen who commit such offences.

Along the felon's aisle-in the malarious cells where "poor"

murderers and burglars are chained to die of the poisonous atmosphere, the same cry tells its mournful tale. Look into the dark vista of this little pa.s.sage, and you will see the gleaming of flabby arms and shrunken hands. Glance into the apertures out of which they protrude so appealingly, you will hear the dull clank of chains, see the glare of vacant eyes, and shudder at the pale, cadaverous faces of beings tortured with starvation. A low, hoa.r.s.e whisper, asks you for bread; a listless countenance quickens at your footfall. Oh! could you but feel the emotion that has touched that shrunken form which so despondingly waits the coming of a messenger of mercy. That system of cruelty to prisoners which so disgraced England during the last century, and which for her name she would were erased from her history, we preserve here in all its hideousness. The Governor knows nothing, and cares nothing about the prison; the Attorney-General never darkens its doors; the public scarce give a thought for those within its walls-and to one man, Mr.

Hardscrabble, is the fate of these wretched beings entrusted. And so p.r.o.ne has become the appet.i.te of man to speculate on the misfortunes of his fellow-man, that this good man, as we shall call him, tortures thus the miserable beings entrusted to his keeping, and makes it a means of getting rich. Pardon, reader, this digression.

George, elated with the idea of setting Tom at liberty, found the young theologian at the prison, and revealed to him the fact that he had got the much-desired order. To the latter this seemed strange-not that such a person as George could have succeeded in what he had tried in vain to effect, but that there was a mystery about it. It is but justice to say that the young theologian had for six months used every exertion in his power, without avail, to procure an order of release. He had appealed to the Attorney-General, who declared himself powerless, but referred him to the Governor. The Governor could take no action in the premises, and referred him to the Judge of the Sessions. The Judge of the Sessions doubted his capacity to interfere, and advised a pet.i.tion to the Clerk of the Court. The Clerk of the Court, who invariably took it upon himself to correct the judge's dictum, decided that the judge could not interfere, the case being a committal by a Justice of the Peace, and not having been before the sessions. And against these high functionaries-the Governor, Attorney-General, Judge of the Sessions, and Clerk of the Court, was Mr. Soloman and Mrs.

Swiggs all-powerful. There was, however, another power superior to all, and that we have described in the previous chapter.

Accompanied by the brusque old jailer, George and the young theologian make their way to the cell in which Tom is confined.

"Hallo! Tom," exclaims George, as he enters the cell, "boarding at the expense of the State yet, eh?" Tom lay stretched on a blanket in one corner of the cell, his faithful old friend, the sailor, watching over him with the solicitude of a brother. "I don't know how he'd got on if it hadn't bin for the old sailor, yonder," says the jailer, pointing to Spunyarn, who is crouched down at the great black fire-place, blowing the coals under a small pan. "He took to Tom when he first came in, and hasn't left him for a day. He'll steal to supply Tom's hunger, and fight if a prisoner attempts to impose upon his charge. He has rigged him out, you see, with his pea-coat and overalls," continues the man, folding his arms.

"I am sorry, Tom--"

"Yes," says Tom, interrupting the young theologian, "I know you are.

You don't find me to have kept my word; and because I haven't you don't find me improved much. I can't get out; and if I can't get out, what's the use of my trying to improve? I don't say this because I don't want to improve. I have no one living who ought to care for me, but my mother. And she has shown what she cares for me."

"Everything is well. (The young theologian takes Tom by the hand.) We have got your release. You are a free man, now."

"My release!" exclaims the poor outcast, starting to his feet, "my release?"

"Yes," kindly interposes the jailer, "you may go, Tom. Stone walls, bolts and chains have no further use for you." The announcement brings tears to his eyes; he cannot find words to give utterance to his emotions. He drops the young theologian's hand, grasps warmly that of George Mullholland, and says, the tears falling fast down his cheeks, "now I will be a new man."

"G.o.d bless Tom," rejoins the old sailor, who has left the fire-place and joined in the excitement of the moment. "I alwas sed there war better weather ahead, Tom." He pats him encouragingly on the shoulder, and turns to the bystanders, continuing with a childlike frankness: "he's alwas complained with himself about breaking his word and honor with you, sir--"

The young theologian says the temptation was more than he could withstand.

"Yes sir!--that was it. He, poor fellow, wasn't to blame. One brought him in a drop, and challenged him; then another brought him in a drop, and challenged him; and the vote-cribber would get generous now and then, and bring him a drop, saying how he would like to crib him if he was only out, on the general election coming on, and make him take a drop of what he called election whiskey. And you know, sir, it's hard for a body to stand up against all these things, specially when a body's bin disappointed in love. It's bin a hard up and down with him. To-day he would make a bit of good weather, and to-morrow he'd be all up in a hurricane." And the old sailor takes a fresh quid of tobacco, wipes Tom's face, gets the brush and fusses over him, and tells him to cheer up, now that he has got his clearance.

"Tom would know if his mother ordered it."

"No! she must not know that you are at large," rejoins George.

"Not that I am at large?"

"I have," interposes the young theologian, "provided a place for you. We have a home for you, a snug little place at the house of old McArthur--"

"Old McArthur," interpolates Tom, smiling, "I'm not a curiosity."

George Mullholland says he may make love to Maria, that she will once more be a sister. Touched by the kindly act on his behalf, Tom replies saying she was always kind to him, watched over him when no one else would, and sought with tender counsels to effect his reform, to make him forget his troubles.

"Thank you!--my heart thanks you more forcibly than my tongue can. I feel a man. I won't touch drink again: no I won't. You won't find me breaking my honor this time. A sick at heart man, like me, has no power to buffet disappointment. I was a wretch, and like a wretch without a mother's sympathy, found relief only in drinks--"

"And such drinks!" interposes the old sailor, shrugging his shoulders. "Good weather, and a cheer up, now and then, from a friend, would have saved him."

Now there appears in the doorway, the stalwarth figure of the vote-cribber, who, with sullen face, advances mechanically toward Tom, pauses and regards him with an air of suspicion. "You are not what you ought to be, Tom," he says, doggedly, and turns to the young Missionary. "Parson," he continues, "this 'ere pupil of yourn's a hard un. He isn't fit for respectable society. Like a sponge, he soaks up all the whiskey in jail." The young man turns upon him a look more of pity than scorn, while the jailer shakes his head admonis.h.i.+ngly. The vote-cribber continues insensible to the admonition. He, be it known, is a character of no small importance in the political world. Having a sort of sympathy for the old jail he views his transient residences therein rather necessary than otherwise. As a leading character is necessary to every grade of society, so also does he plume himself the aristocrat of the prison.

Persons committed for any other than offences against the election laws, he holds in utter contempt. Indeed, he says with a good deal of truth, that as fighting is become the all necessary qualification of our Senators and Representatives to Congress, he thinks of offering himself for the next vacancy. The only rival he fears is "handsome Charley."