The document served on the sheriff, Marston resolved to remain a few
days in the city and watch its effect. The sheriff, who is seldom
supposed to evince sympathy in his duties, conforms with the
ordinary routine of law in nigger cases; and, in his turn, gives
notice to the plaintiff, who is required to enter security for the
purpose of testing the point of freedom. Freedom here is a slender
commodity; it can be sworn away for a small compensation. Mr.
Anthony Romescos has peculiar talent that way, and his services are
always in the market. The point, however, has not resolved itself
into that peculiar position where it must be either a matter of
compromise, or a question for the court and jury to decide.
If Marston, now sensible of his position as father of the children,
will yield them a sacrifice to the man trader, it is in his power;
the creditors will make it their profit. Who, then, can solve the
perplexity for him? The custom of society, pointing the finger of
shame, denies him the right to acknowledge them his children.
Society has established the licentious wrong,--the law protects it,
custom enforces it. He can only proceed by declaring the mother to
be a free woman, and leaving the producing proof to convict her of
being slave property to the plaintiff. In doing this, his judgment
wars with his softer feelings. Custom--though it has nothing to give
him-is goading him with its advice; it tells him to abandon the
unfashionable, unpolite scheme. Natural laws have given birth to
natural feelings--natural affections are stronger than bad laws. They
burn with our nature,--they warm the gentle, inspire the noble, and
awake the daring that lies unmoved until it be called into action
for the rescue of those for whom our affections have taken life.
Things had arrived at that particular point where law-lovers-we mean
lawyers-look on with happy consciences and pleasing expectations;
that is, they had arrived at that certain hinge of slave law the
turn of which sends men, women, and children, into the vortex of
slavery, where their hopes are for ever crushed. One day Marston had
strong hopes of saving them; but his hopes vanished on the next. The
fair creature, by him made a wretch, seemed before him, on her
bended knees, clasping his hand while imploring him to save her
child. The very thought would have doubly nerved him to action; and
yet, what mattered such action against the force of slavery
injustice? All his exertions, all his pleadings, all his
protestations, in a land where liberty boasts its greatness, would
sink to nothing under the power he had placed in their possession
for his overthrow.
Public-domain text, read in full here on John Shaqi.
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