Part 5

Mrs. Stowe has said, "There is nothing picturesque or beautiful in the family attachment of old servants, which is not to be found in countries where these servants are legally free." On the contrary, a volume of incidents might readily be gathered, the picturesqueness and beauty of which are due wholly to the fact that the negroes were not free, but slaves. Indeed, many could never have happened at all but in this relationship. I cite the case of an old negro who was buying his freedom from his master, who continued to make payments during the war, and made the final one at the time of General Kirby Smith's invasion of Kentucky. After he had paid him the uttermost farthing, he told him that if he should ever be a slave again, he wanted him for his master. Take the case of an old negress who had been allowed to accumulate considerable property. At her death she willed it to her young master instead of to her sons, as she would have been allowed to do. But the war! what is to be said of the part the negro took in that? Is there in the drama of humanity a figure more picturesque or more pathetic than the figure of the African slave, as he followed his master to the battle-field, marched and hungered and thirsted with him, served and cheered and nursed him--that master who was fighting to keep him in slavery? Instances are too many; but the one may be mentioned of a Kentucky negro who followed his young master into the Southern army, stayed with him till he fell on the field, lay hid out in the bushes a week, and finally, after a long time and many hardships, got back to his mistress in Kentucky, bringing his dead master's horse and purse and trinkets. This subject comprises a whole vast field of its own; and if the history of it is ever written, it will be written in the literature of the South, for there alone lies the knowledge and _the love_.

It is only through a clear view of the peculiar features of slavery in Kentucky before the war that one can understand the general status of the negroes of Kentucky at the present time. Perhaps in no other State has the race made less endeavor to push itself into equality with the white. This fact must be explained as in part resulting from the conservative ideals of Kentucky life in general. But it is more largely due to the influences of a system which, though no longer in vogue, is still remembered, still powerful to rule the minds of a naturally submissive and susceptible people. The kind, affectionate relations of the races under the old regime have continued with so little interruption that the blacks remain content with their inferiority, and lazily drift through life. I venture to make the statement that, wherever in the United States they have attempted most to enforce their new-born rights, they have either, on the one hand, been encouraged to do so, or have, on the other, been driven to self-assertion by harsh treatment. But treated always kindly, always as hopelessly inferior beings, they will do least for themselves. This, it is believed, is the key-note to the situation in Kentucky at the present time.

COUNTY COURT DAY IN KENTUCKY

I

The institutions of the Kentuckian have deep root in his rich social nature. He loves the swarm. They very motto of the State is a declaration of good-fellowship, and the seal of the commonwealth the act of shaking hands. Divided, he falls. The Kentuckian must be one of many; must assert himself, not through the solitary exercise of his intellect, but the senses; must see men about him who are fat, grip his friend, hear cordial, hearty conversation, realize the play of his emotions. Society is the multiple of himself.

Hence his fondness for large gatherings: open-air assemblies of the democratic sort--great agricultural fairs, race-courses, political meetings, barbecues and burgoos in the woods--where no one is pushed to the wall, or reduced to a seat and to silence, where all may move about at will, seek and be sought, make and receive impressions. Quiet masses of people in-doors absorb him less. He is not fond of lectures, does not build splendid theatres or expend lavishly for opera, is almost of Puritan excellence in the virtue of church-going, which in the country is attended with neighborly reunions.

This large social disposition underlies the history of the most social of all his days--a day that has long had its observance embedded in the structure of his law, is invested with the authority and charm of old-time usage and reminiscence, and still enables him to commingle business and pleasure in a way of his own. Hardly more characteristic of the Athenian was the agora, or the forum of the Roman, than is county court day characteristic of the Kentuckian. In the open square around the courthouse of the county-seat he has had the centre of his public social life, the arena of his passions and amusements, the rallying-point of his political discussions, the market-place of his business transactions, the civil unit of his institutional history.

It may be that some stranger has sojourned long enough in Kentucky to have grown familiar with the wonted aspects of a county town. He has remarked the easy swing of its daily life: amicable groups of men sitting around the front entrances of the hotels; the few purchasers and promenaders on the uneven brick pavements; the few vehicles of draught and carriage scattered along the level white thoroughfares. All day the subdued murmur of patient local traffic has scarcely drowned the twittering of English sparrows in the maples. Then comes a Monday morning when the whole scene changes. The world has not been dead, but only sleeping. Whence this sudden surging crowd of rural folk--these lowing herds in the streets? Is it some animated pastoral come to town? some joyful public anniversary? some survival in altered guise of the English country fair of mellower times? or a vision of what the little place will be a century hence, when American life shall be packed and agitated and tense all over the land? What a world of homogeneous, good-looking, substantial, reposeful people with honest front and amiable meaning! What bargaining and buying and selling by ever-forming, ever-dissolving groups, with quiet laughter and familiar talk and endless interchange of domestic interrogatories! You descend into the street to study the doings and spectacles from a nearer approach, and stop to ask the meaning of it. Ah! it is county court day in Kentucky; it is the Kentuckians in the market-place.

II

They have been assembling here now for nearly a hundred years. One of the first demands of the young commonwealth in the woods was that its vigorous, passionate life should be regulated by the usages of civil law. Its monthly county courts, with justices of the peace, were derived from the Virginia system of jurisprudence, where they formed the aristocratic feature of the government. Virginia itself owed these models to England; and thus the influence of the courts and of the decent and orderly yeomanry of both lands passed, as was singularly fitting, over into the ideals of justice erected by the pure-blooded colony. As the town meeting of Boston town perpetuated the folkmote of the Anglo-Saxon free state, and the Dutch village communities on the shores of the Hudson revived the older ones on the banks of the Rhine, so in Kentucky, through Virginia, there were transplanted by the people, themselves of clean stock and with strong conservative ancestral traits, the influences and elements of English law in relation to the county, the court, and the justice of the peace.

Through all the old time of Kentucky State-life there towers up the figure of the justice of the peace. Commissioned by the Governor to hold monthly court, he had not always a court-house wherein to sit, but must buy land in the midst of a settlement or town whereon to build one, and build also the contiguous necessity of civilization--a jail. In the rude court-room he had a long platform erected, usually running its whole width; on this platform he had a ruder wooden bench placed, likewise extending all the way across; and on this bench, having ridden into town, it may be, in dun-colored leggings, broadcloth pantaloons, a pigeon-tailed coat, a shingle-caped overcoat, and a twelve-dollar high fur hat, he sat gravely and sturdily down amid his peers; looking out upon the bar, ranged along a wooden bench beneath, and prepared to consider the legal needs of his assembled neighbors. Among them all the very best was he; chosen for age, wisdom, means, weight and probity of character; as a rule, not profoundly versed in the law, perhaps knowing nothing of it--being a Revolutionary soldier, a pioneer, or a farmer--but endowed with a sure, robust common-sense and rectitude of spirit that enabled him to divine what the law was; shaking himself fiercely loose from the grip of mere technicalities, and deciding by the natural justice of the case; giving decisions of equal authority with the highest court, an appeal being rarely taken; perpetuating his own authority by appointing his own associates: with all his shortcomings and weaknesses a notable, historic figure, high-minded, fearless, and incorruptible, dignified, patient, and strong, and making the county court days of Kentucky for wellnigh half a century memorable to those who have lived to see justice less economically and less honorably administered.

But besides the legal character and intent of the day, which was thus its first and dominant feature, divers things drew the folk together. Even the justice himself may have had quite other than magisterial reasons for coming to town; certainly the people had. They must interchange opinions about local and national politics, observe the workings of their own laws, pay and contract debts, acquire and transfer property, discuss all questions relative to the welfare of the community--holding, in fact, a county court day much like one in Virginia in the middle of the seventeenth century.

III

But after business was over, time hung idly on their hands; and being vigorous men, hardened by work in forest and field, trained in foot and limb to fleetness and endurance, and fired with admiration of physical prowess, like riotous school-boys out on a half-holiday, they fell to playing. All through the first quarter of the century, and for a longer time, county court day in Kentucky was, at least in many parts of the State, the occasion for holding athletic games. The men, young or in the sinewy manhood of more than middle age, assembled once a month at the county-seats to witness and take part in the feats of muscle and courage. They wrestled, threw the sledge, heaved the bar, divided and played at fives, had foot-races for themselves, and quarter-races for their horses. By-and-by, as these contests became a more prominent feature of the day, they would pit against each other the champions of different neighborhoods. It would become widely known beforehand that next county court day "the bully" in one end of the county would whip "the bully" in the other end; so when court day came, and the justices came, and the bullies came, what was the county to do but come also? The crowd repaired to the common, a ring was formed, the little men on the outside who couldn't see, Zaccheus-like, took to the convenient trees, and there was to be seen a fair and square set-to, in which the fist was the battering-ram and the biceps a catapult. What better, more time-honored, proof could those backwoods Kentuckians have furnished of the humors in their English blood and of their English pugnacity? But, after all, this was only play, and play never is perfectly satisfying to a man who would rather fight; so from playing they fell to harder work, and throughout this period county court day was the monthly Monday on which the Kentuckian regularly did his fighting. He availed himself liberally of election day, it is true, and of regimental muster in the spring and battalion muster in the fall--great gala occasions; but county court day was by all odds the preferred and highly prized season. It was periodical, and could be relied upon, being written in the law, noted in the almanac, and registered in the heavens.

A capital day, a most admirable and serene day for fighting. Fights grew like a fresh-water polype--by being broken in two: each part produced a progeny. So conventional did the recreation become that difficulties occurring out in the country between times regularly had their settlements postponed until the belligerents could convene with the justices. The men met and fought openly in the streets, the friends of each standing by to see fair play and whet their appetites.

Thus the justices sat quietly on the bench inside, and the people fought quietly in the streets outside, and the day of the month set apart for the conservation of the peace became the approved day for individual war. There is no evidence to be had that either the justices or the constables ever interfered.

These pugilistic encounters had a certain law of beauty: they were affairs of equal combat and of courage. The fight over, animosity was gone, the feud ended. The men must shake hands, go and drink together, become friends. We are touching here upon a grave and curious fact of local history. The fighting habit must be judged by a wholly unique standard. It was the direct outcome of racial traits powerfully developed by social conditions.

IV

Another noticeable recreation of the day was the drinking. Indeed the two pleasures went marvellously well together. The drinking led up to the fighting, and the fighting led up to the drinking; and this amiable co-operation might be prolonged at will. The merchants kept barrels of whiskey in their cellars for their customers. Bottles of it sat openly on the counter, half-way between the pocket of the buyer and the shelf of merchandise. There were no saloons separate from the taverns. At these whiskey was sold and drunk without screens or scruples. It was not usually bought by the drink, but by the tickler. The tickler was a bottle of narrow shape, holding a half-pint--just enough to tickle. On a county court day wellnigh a whole town would be tickled. In some parts of the State tables were placed out on the sidewalks, and around these the men sat drinking mint-juleps and playing draw poker and "old sledge."

Meantime the day was not wholly given over to playing and fighting and drinking. More and more it was becoming the great public day of the month, and mirroring the life and spirit of the times--on occasion a day of fearful, momentous gravity, as in the midst of war, financial distress, high party feeling; more and more the people gathered together for discussion and the origination of measures determining the events of their history. Gradually new features incrusted it. The politician, observing the crowd, availed himself of it to announce his own candidacy or to wage a friendly campaign, sure, whether popular or unpopular, of a courteous hearing; for this is a virtue of the Kentuckian, to be polite to a public speaker, however little liked his cause. In the spring, there being no fairs, it was the occasion for exhibiting the fine stock of the country, which was led out to some suburban pasture, where the owners made speeches over it. In the winter, at the close of the old or the beginning of the new year, negro slaves were regularly hired out on this day for the ensuing twelvemonth, and sometimes put upon the block before the Courthouse door and sold for life.

But it was not until near the half of the second quarter of the century that an auctioneer originated stock sales on the open square, and thus gave to the day the characteristic it has since retained of being the great market-day of the month. Thenceforth its influence was to be more widely felt, to be extended into other counties and even States; thenceforth it was to become more distinctively a local institution without counterpart.

To describe minutely the scenes of a county court day in Kentucky, say at the end of the half-century, would be to write a curious page in the history of the times; for they were possible only through the unique social conditions they portrayed. It was near the most prosperous period of State life under the old regime. The institution of slavery was about to culminate and decline. Agriculture had about as nearly perfected itself as it was ever destined to do under the system of bondage. The war cloud in the sky of the future could be covered with the hand, or at most with the country gentleman's broad-brimmed straw-hat. The whole atmosphere of the times was heavy with ease, and the people, living in perpetual contemplation of their superabundant natural wealth, bore the quality of the land in their manners and dispositions.

When the well-to-do Kentucky farmer got up in the morning, walked out into the porch, stretched himself, and looked at the sun, he knew that he could summon a sleek kindly negro to execute every wish and whim--one to search for his misplaced hat, a second to bring him a dipper of ice-water, a third to black his shoes, a fourth to saddle his horse and hitch it at the stiles, a fifth to cook his breakfast, a sixth to wait on him at the table, a seventh to stand on one side and keep off the flies. Breakfast over, he mounted his horse and rode out where "the hands" were at work. The chance was his overseer or negro foreman was there before him: his presence was unnecessary. What a gentleman he was! This was called earning one's bread by the sweat of his brow. _Whose_ brow? He yawned. What should he do? One thing he knew he _would_ do--take a good nap before dinner. Perhaps he had better ride over to the blacksmith-shop. However, there was nobody there. It was county court day. The sky was blue, the sun golden, the air delightful, the road broad and smooth, the gait of his horse the very poetry of motion. He would go to county court himself. There was really nothing else before him. His wife would want to go, too, and the children.

So away they go, he on horseback or in the family carriage, with black Pompey driving in front and yellow Cæsar riding behind. The turnpike reached, the progress of the family carriage is interrupted or quite stopped, for there are many other carriages on the road, all going in the same direction. Then pa, growing impatient, orders black Pompey to drive out on one side, whip up the horses, pass the others, and get ahead, so as to escape from the clouds of white limestone dust, which settles thick on the velvet collar of pa's blue cloth coat and in the delicate pink marabou feathers of ma's bonnet: which Pompey can't do, for the faster he goes, the faster the others go, making all the more dust; so that pa gets red in the face, and jumps up in the seat, and looks ready to fight, and thrusts his head out of the window and knocks off his hat; and ma looks nervous, and black Pompey and yellow Cæsar both look white with dust and fear.

A rural cavalcade indeed! Besides the carriages, buggies, horsemen, and pedestrians, there are long droves of stock being hurried on towards the town--hundreds of them. By the time they come together in the town they will be many thousands. For is not this the great stock-market of the West, and does not the whole South look from its rich plantations and cities up to Kentucky for bacon and mules? By-and-by our family carriage does at last get to town, and is left out in the streets along with many others to block up the passway according to the custom.

The town is packed. It looks as though by some vast suction system it had with one exercise of force drawn all the country life into itself. The poor dumb creatures gathered in from the peaceful fields, and crowded around the Court-house, send forth, each after its kind, a general outcry of horror and despair at the tumult of the scene and the unimaginable mystery of their own fate. They overflow into the by-streets, where they take possession of the sidewalks, and debar entrance at private residences. No stock-pens wanted then; none wanted now. If a town legislates against these stock sales on the streets and puts up pens on its outskirts, straightway the stock is taken to some other market, and the town is punished for its airs by a decline in its trade.

As the day draws near noon, the tide of life is at the flood. Mixed in with the tossing horns and nimble heels of the terrified, distressed, half-maddened beasts, are the people. Above the level of these is the discordant choir of shrill-voiced auctioneers on horseback. At the corners of the streets long-haired--and long-eared--doctors in curious hats lecture to eager groups on maladies and philanthropic cures. Every itinerant vender of notion and nostrum in the country-side is there; every wandering Italian harper or musician of any kind, be he but a sightless fiddler, who brings forth with poor unison of voice and string the brief and too fickle ballads of the time, "Gentle Annie," and "Sweet Alice, Ben Bolt." Strangely contrasted with everything else in physical type and marks of civilization are the mountaineers, who have come down to "the settlemints" driving herds of their lean, stunted cattle, or bringing, in slow-moving, ox-drawn "steamboat" wagons, maple-sugar, and baskets, and poles, and wild mountain fruit--faded wagons, faded beasts, faded clothes, faded faces, faded everything. A general day for buying and selling all over the State. What purchases at the dry-goods stores and groceries to keep all those negroes at home fat and comfortable and comely--cottons, and gay cottonades, and gorgeous turbans, and linseys of prismatic dyes, bags of Rio coffee and barrels of sugar, with many another pleasant thing! All which will not be taken home in the family carriage, but in the wagon which Scipio Africanus is driving in; Scipio, remember; for while the New Englander has been naming his own flesh and blood Peleg and Hezekiah and Abednego, the Kentuckian has been giving even his negro slaves mighty and classic names, after his taste and fashion. But very mockingly and satirically do those victorious titles contrast with the condition of those that wear them. A surging populace, an in-town holiday for all rural folk, wholly unlike what may be seen elsewhere in this country. The politician will be sure of his audience to-day in the Court-house yard: the seller will be sure of the purchaser; the idle man of meeting one still idler; friend of seeing distant friend; blushing Phyllis, come in to buy fresh ribbons, of being followed through the throng by anxious Corydon.

And what, amid this tumult of life and affairs--what of the justice of the peace, whose figure once towered up so finely? Alas! quite outgrown, pushed aside, and wellnigh forgotten. The very name of the day which once so sternly commemorated the exercise of his authority has wandered into another meaning. "County court day" no longer brings up in the mind the image of the central Court-house and the judge on the bench. It is to be greatly feared his noble type is dying. The stain of venality has soiled his homespun ermine, and the trail of the office-seeker passed over his rough-hewn bench. So about this time the new constitution of the commonwealth comes in, to make the autocratic ancient justice over into the modern elective magistrate, and with the end of the half-century to close a great chapter of wonderful county court days.

But what changes in Kentucky since 1850! How has it fared with the day meantime? What development has it undergone? What contrasts will it show?