Chapter 15

The face of the young man in the back of the room expressed relief and badly concealed satisfaction. The prisoner fell back upon the seat from which he had half risen in his anxiety, and his dark face assumed an ashen hue. What he thought could only be surmised. Perhaps, knowing his innocence, he had not believed conviction possible; perhaps, conscious of guilt, he dreaded the punishment, the extent of which was optional with the judge, within very wide limits. Only one other person present knew whether or not he was guilty, and that other had slunk furtively from the court room.

Some of the spectators wondered why there should be so much ado about convicting a negro of stealing a buggy-whip. They had forgotten their own interest of the moment before. They did not realize out of what trifles grow the tragedies of life.

It was four o'clock in the afternoon, the hour for adjournment, when the verdict was returned. The judge nodded to the bailiff.

"Oyez, oyez! this court is now adjourned until ten o'clock to-morrow morning," cried the bailiff in a singsong voice. The judge left the bench, the jury filed out of the box, and a buzz of conversation filled the court room.

"Brace up, Ben, brace up, my boy," said the defendant's lawyer, half apologetically. "I did what I could for you, but you can never tell what a jury will do. You won't be sentenced till to-morrow morning. In the meantime I 'll speak to the judge and try to get him to be easy with you. He may let you off with a light fine."

The negro pulled himself together, and by an effort listened.

"Thanky, Majah," was all he said. He seemed to be thinking of something far away.

He barely spoke to his wife when she frantically threw herself on him, and clung to his neck, as he passed through the side room on his way to jail. He kissed his children mechanically, and did not reply to the soothing remarks made by the jailer.

III

There was a good deal of excitement in town the next morning. Two white men stood by the post office talking.

"Did yer hear the news?"

"No, what wuz it?"

"Ben Davis tried ter break jail las' night."

"You don't say so! What a fool! He ain't be'n sentenced yit."

"Well, now," said the other, "I 've knowed Ben a long time, an' he wuz a right good nigger. I kinder found it hard ter b'lieve he did steal that whip. But what 's a man's feelin's ag'in' the proof?"

They spoke on awhile, using the past tense as if they were speaking of a dead man.

"Ef I know Jedge Hart, Ben 'll wish he had slep' las' night, 'stidder tryin' ter break out'n jail."

At ten o'clock the prisoner was brought into court. He walked with shambling gait, bent at the shoulders, hopelessly, with downcast eyes, and took his seat with several other prisoners who had been brought in for sentence. His wife, accompanied by the children, waited behind him, and a number of his friends were gathered in the court room.

The first prisoner sentenced was a young white man, convicted several days before of manslaughter. The deed was done in the heat of passion, under circumstances of great provocation, during a quarrel about a woman. The prisoner was admonished of the sanctity of human life, and sentenced to one year in the penitentiary.

The next case was that of a young clerk, eighteen or nineteen years of age, who had committed a forgery in order to procure the means to buy lottery tickets. He was well connected, and the case would not have been prosecuted if the judge had not refused to allow it to be nolled, and, once brought to trial, a conviction could not have been avoided.

"You are a young man," said the judge gravely, yet not unkindly, "and your life is yet before you. I regret that you should have been led into evil courses by the lust for speculation, so dangerous in its tendencies, so fruitful of crime and misery. I am led to believe that you are sincerely penitent, and that, after such punishment as the law cannot remit without bringing itself into contempt, you will see the error of your ways and follow the strict path of rectitude. Your fault has entailed distress not only upon yourself, but upon your relatives, people of good name and good family, who suffer as keenly from your disgrace as you yourself. Partly out of consideration for their feelings, and partly because I feel that, under the circumstances, the law will be satisfied by the penalty I shall inflict, I sentence you to imprisonment in the county jail for six months, and a fine of one hundred dollars and the costs of this action."

"The jedge talks well, don't he?" whispered one spectator to another.

"Yes, and kinder likes ter hear hisse'f talk," answered the other.

"Ben Davis, stand up," ordered the judge.

He might have said "Ben Davis, wake up," for the jailer had to touch the prisoner on the shoulder to rouse him from his stupor. He stood up, and something of the hunted look came again into his eyes, which shifted under the stern glance of the judge.

"Ben Davis, you have been convicted of larceny, after a fair trial before twelve good men of this county. Under the testimony, there can be no doubt of your guilt. The case is an aggravated one. You are not an ignorant, shiftless fellow, but a man of more than ordinary intelligence among your people, and one who ought to know better. You have not even the poor excuse of having stolen to satisfy hunger or a physical appetite. Your conduct is wholly without excuse, and I can only regard your crime as the result of a tendency to offenses of this nature, a tendency which is only too common among your people; a tendency which is a menace to civilization, a menace to society itself, for society rests upon the sacred right of property. Your opinions, too, have been given a wrong turn; you have been heard to utter sentiments which, if disseminated among an ignorant people, would breed discontent, and give rise to strained relations between them and their best friends, their old masters, who understand their real nature and their real needs, and to whose justice and enlightened guidance they can safely trust. Have you anything to say why sentence should not be passed upon you?"

"Nothin', suh, cep'n dat I did n' take de whip."

"The law, largely, I think, in view of the peculiar circumstances of your unfortunate race, has vested a large discretion in courts as to the extent of the punishment for offenses of this kind. Taking your case as a whole, I am convinced that it is one which, for the sake of the example, deserves a severe punishment. Nevertheless, I do not feel disposed to give you the full extent of the law, which would be twenty years in the penitentiary,[1] but, considering the fact that you have a family, and have heretofore borne a good reputation in the community, I will impose upon you the light sentence of imprisonment for five years in the penitentiary at hard labor. And I hope that this will be a warning to you and others who may be similarly disposed, and that after your sentence has expired you may lead the life of a law-abiding citizen."

[Footnote 1: There are no degrees of larceny in North Carolina, and the penalty for any offense lies in the discretion of the judge, to the limit of twenty years.]

"O Ben! O my husband! O God!" moaned the poor wife, and tried to press forward to her husband's side.

"Keep back, Nancy, keep back," said the jailer. "You can see him in jail."

Several people were looking at Ben's face. There was one flash of despair, and then nothing but a stony blank, behind which he masked his real feelings, whatever they were.

Human character is a compound of tendencies inherited and habits acquired. In the anxiety, the fear of disgrace, spoke the nineteenth century civilization with which Ben Davis had been more or less closely in touch during twenty years of slavery and fifteen years of freedom. In the stolidity with which he received this sentence for a crime which he had not committed, spoke who knows what trait of inherited savagery? For stoicism is a savage virtue.

IV

One morning in June, five years later, a black man limped slowly along the old Lumberton plank road; a tall man, whose bowed shoulders made him seem shorter than he was, and a face from which it was difficult to guess his years, for in it the wrinkles and flabbiness of age were found side by side with firm white teeth, and eyes not sunken,--eyes bloodshot, and burning with something, either fever or passion. Though he limped painfully with one foot, the other hit the ground impatiently, like the good horse in a poorly matched team. As he walked along, he was talking to himself:----

"I wonder what dey 'll do w'en I git back? I wonder how Nancy 's s'ported the fambly all dese years? Tuck in washin', I s'ppose,--she was a monst'us good washer an' ironer. I wonder ef de chillun 'll be too proud ter reco'nize deir daddy come back f'um de penetenchy? I 'spec' Billy must be a big boy by dis time. He won' b'lieve his daddy ever stole anything. I 'm gwine ter slip roun' an' s'prise 'em."

Five minutes later a face peered cautiously into the window of what had once been Ben Davis's cabin,--at first an eager face, its coarseness lit up with the fire of hope; a moment later a puzzled face; then an anxious, fearful face as the man stepped away from the window and rapped at the door.

"Is Mis' Davis home?" he asked of the woman who opened the door.

"Mis' Davis don' live here. You er mistook in de house."

"Whose house is dis?"

"It b'longs ter my husban', Mr. Smith,--Primus Smith."

"'Scuse me, but I knowed de house some years ago w'en I wuz here oncet on a visit, an' it b'longed ter a man name' Ben Davis."

"Ben Davis--Ben Davis?--oh yes, I 'member now. Dat wuz de gen'man w'at wuz sent ter de penitenchy fer sump'n er nuther,--sheep-stealin', I b'lieve. Primus," she called, "w'at wuz Ben Davis, w'at useter own dis yer house, sent ter de penitenchy fer?"

"Hoss-stealin'," came back the reply in sleepy accents, from the man seated by the fireplace.

The traveler went on to the next house. A neat-looking yellow woman came to the door when he rattled the gate, and stood looking suspiciously at him.

"W'at you want?" she asked.

"Please, ma'am, will you tell me whether a man name' Ben Davis useter live in dis neighborhood?"

"Useter live in de nex' house; wuz sent ter de penitenchy fer killin' a man."

"Kin yer tell me w'at went wid Mis' Davis?"

"Umph! I 's a 'spectable 'oman, I is, en don' mix wid dem kind er people. She wuz 'n' no better 'n her husban'. She tuk up wid a man dat useter wuk fer Ben, an' dey 're livin' down by de ole wagon-ya'd, where no 'spectable 'oman ever puts her foot."

"An' de chillen?"

"De gal 's dead. Wuz 'n' no better 'n she oughter be'n. She fell in de crick an' got drown'; some folks say she wuz 'n' sober w'en it happen'. De boy tuck atter his pappy. He wuz 'rested las' week fer shootin' a w'ite man, an' wuz lynch' de same night. Dey wa'n't none of 'em no 'count after deir pappy went ter de penitenchy."

"What went wid de proputty?"

"Hit wuz sol' fer de mortgage, er de taxes, er de lawyer, er sump'n,--I don' know w'at. A w'ite man got it."

The man with the bundle went on until he came to a creek that crossed the road. He descended the sloping bank, and, sitting on a stone in the shade of a water-oak, took off his coarse brogans, unwound the rags that served him in lieu of stockings, and laved in the cool water the feet that were chafed with many a weary mile of travel.

After five years of unrequited toil, and unspeakable hardship in convict camps,--five years of slaving by the side of human brutes, and of nightly herding with them in vermin-haunted huts,--Ben Davis had become like them. For a while he had received occasional letters from home, but in the shifting life of the convict camp they had long since ceased to reach him, if indeed they had been written. For a year or two, the consciousness of his innocence had helped to make him resist the debasing influences that surrounded him. The hope of shortening his sentence by good behavior, too, had worked a similar end. But the transfer from one contractor to another, each interested in keeping as long as possible a good worker, had speedily dissipated any such hope. When hope took flight, its place was not long vacant. Despair followed, and black hatred of all mankind, hatred especially of the man to whom he attributed all his misfortunes. One who is suffering unjustly is not apt to indulge in fine abstractions, nor to balance probabilities. By long brooding over his wrongs, his mind became, if not unsettled, at least warped, and he imagined that Colonel Thornton had deliberately set a trap into which he had fallen. The Colonel, he convinced himself, had disapproved of his prosperity, and had schemed to destroy it. He reasoned himself into the belief that he represented in his person the accumulated wrongs of a whole race, and Colonel Thornton the race who had oppressed them. A burning desire for revenge sprang up in him, and he nursed it until his sentence expired and he was set at liberty. What he had learned since reaching home had changed his desire into a deadly purpose.

When he had again bandaged his feet and slipped them into his shoes, he looked around him, and selected a stout sapling from among the undergrowth that covered the bank of the stream. Taking from his pocket a huge clasp-knife, he cut off the length of an ordinary walking stick and trimmed it. The result was an ugly-looking bludgeon, a dangerous weapon when in the grasp of a strong man.

With the stick in his hand, he went on down the road until he approached a large white house standing some distance back from the street. The grounds were filled with a profusion of shrubbery. The negro entered the gate and secreted himself in the bushes, at a point where he could hear any one that might approach.

It was near midday, and he had not eaten. He had walked all night, and had not slept. The hope of meeting his loved ones had been meat and drink and rest for him. But as he sat waiting, outraged nature asserted itself, and he fell asleep, with his head on the rising root of a tree, and his face upturned.

And as he slept, he dreamed of his childhood; of an old black mammy taking care of him in the daytime, and of a younger face, with soft eyes, which bent over him sometimes at night, and a pair of arms which clasped him closely. He dreamed of his past,--of his young wife, of his bright children. Somehow his dreams all ran to pleasant themes for a while.

Then they changed again. He dreamed that he was in the convict camp, and, by an easy transition, that he was in hell, consumed with hunger, burning with thirst. Suddenly the grinning devil who stood over him with a barbed whip faded away, and a little white angel came and handed him a drink of water. As he raised it to his lips the glass slipped, and he struggled back to consciousness.

"Poo' man! Poo' man sick, an' sleepy. Dolly b'ing Powers to cover poo' man up. Poo' man mus' be hungry. Wen Dolly get him covered up, she go b'ing poo' man some cake."

A sweet little child, as beautiful as a cherub escaped from Paradise, was standing over him. At first he scarcely comprehended the words the baby babbled out. But as they became clear to him, a novel feeling crept slowly over his heart. It had been so long since he had heard anything but curses and stern words of command, or the ribald songs of obscene merriment, that the clear tones of this voice from heaven cooled his calloused heart as the water of the brook had soothed his blistered feet. It was so strange, so unwonted a thing, that he lay there with half-closed eyes while the child brought leaves and flowers and laid them on his face and on his breast, and arranged them with little caressing taps.

She moved away, and plucked a flower. And then she spied another farther on, and then another, and, as she gathered them, kept increasing the distance between herself and the man lying there, until she was several rods away.

Ben Davis watched her through eyes over which had come an unfamiliar softness. Under the lingering spell of his dream, her golden hair, which fell in rippling curls, seemed like a halo of purity and innocence and peace, irradiating the atmosphere around her. It is true the thought occurred to Ben, vaguely, that through harm to her he might inflict the greatest punishment upon her father; but the idea came like a dark shape that faded away and vanished into nothingness as soon as it came within the nimbus that surrounded the child's person.

The child was moving on to pluck still another flower, when there came a sound of hoof-beats, and Ben was aware that a horseman, visible through the shrubbery, was coming along the curved path that led from the gate to the house. It must be the man he was waiting for, and now was the time to wreak his vengeance. He sprang to his feet, grasped his club, and stood for a moment irresolute. But either the instinct of the convict, beaten, driven, and debased, or the influence of the child, which was still strong upon him, impelled him, after the first momentary pause, to flee as though seeking safety.

His flight led him toward the little girl, whom he must pass in order to make his escape, and as Colonel Thornton turned the corner of the path he saw a desperate-looking negro, clad in filthy rags, and carrying in his hand a murderous bludgeon, running toward the child, who, startled by the sound of footsteps, had turned and was looking toward the approaching man with wondering eyes. A sickening fear came over the father's heart, and drawing the ever-ready revolver, which according to the Southern custom he carried always upon his person, he fired with unerring aim. Ben Davis ran a few yards farther, faltered, threw out his hands, and fell dead at the child's feet.

* * * * *

Some time, we are told, when the cycle of years has rolled around, there is to be another golden age, when all men will dwell together in love and harmony, and when peace and righteousness shall prevail for a thousand years. God speed the day, and let not the shining thread of hope become so enmeshed in the web of circumstance that we lose sight of it; but give us here and there, and now and then, some little foretaste of this golden age, that we may the more patiently and hopefully await its coming!

APPENDIX

Three essays on the Color Line:

What is a White Man? (1889)

The Future American (1900)

The Disfranchisement of the Negro (1903)

What is a White Man?

The fiat having gone forth from the wise men of the South that the "all-pervading, all-conquering Anglo-Saxon race" must continue forever to exercise exclusive control and direction of the government of this so-called Republic, it becomes important to every citizen who values his birthright to know who are included in this grandiloquent term. It is of course perfectly obvious that the writer or speaker who used this expression--perhaps Mr. Grady of Georgia--did not say what he meant. It is not probable that he meant to exclude from full citizenship the Celts and Teutons and Gauls and Slavs who make up so large a proportion of our population; he hardly meant to exclude the Jews, for even the most ardent fire-eater would hardly venture to advocate the disfranchisement of the thrifty race whose mortgages cover so large a portion of Southern soil. What the eloquent gentleman really meant by this high-sounding phrase was simply the white race; and the substance of the argument of that school of Southern writers to which he belongs, is simply that for the good of the country the Negro should have no voice in directing the government or public policy of the Southern States or of the nation.

But it is evident that where the intermingling of the races has made such progress as it has in this country, the line which separates the races must in many instances have been practically obliterated. And there has arisen in the United States a very large class of the population who are certainly not Negroes in an ethnological sense, and whose children will be no nearer Negroes than themselves. In view, therefore, of the very positive ground taken by the white leaders of the South, where most of these people reside, it becomes in the highest degree important to them to know what race they belong to. It ought to be also a matter of serious concern to the Southern white people; for if their zeal for good government is so great that they contemplate the practical overthrow of the Constitution and laws of the United States to secure it, they ought at least to be sure that no man entitled to it by their own argument, is robbed of a right so precious as that of free citizenship; the "all-pervading, all conquering Anglo-Saxon" ought to set as high a value on American citizenship as the all-conquering Roman placed upon the franchise of his State two thousand years ago. This discussion would of course be of little interest to the genuine Negro, who is entirely outside of the charmed circle, and must content himself with the acquisition of wealth, the pursuit of learning and such other privileges as his "best friends" may find it consistent with the welfare of the nation to allow him; but to every other good citizen the inquiry ought to be a momentous one. What is a white man?

In spite of the virulence and universality of race prejudice in the United States, the human intellect long ago revolted at the manifest absurdity of classifying men fifteen-sixteenths white as black men; and hence there grew up a number of laws in different states of the Union defining the limit which separated the white and colored races, which was, when these laws took their rise and is now to a large extent, the line which separated freedom and opportunity from slavery or hopeless degradation. Some of these laws are of legislative origin; others are judge-made laws, brought out by the exigencies of special cases which came before the courts for determination. Some day they will, perhaps, become mere curiosities of jurisprudence; the "black laws" will be bracketed with the "blue laws," and will be at best but landmarks by which to measure the progress of the nation. But to-day these laws are in active operation, and they are, therefore, worthy of attention; for every good citizen ought to know the law, and, if possible, to respect it; and if not worthy of respect, it should be changed by the authority which enacted it. Whether any of the laws referred to here have been in any manner changed by very recent legislation the writer cannot say, but they are certainly embodied in the latest editions of the revised statutes of the states referred to.

The colored people were divided, in most of the Southern States, into two classes, designated by law as Negroes and mulattoes respectively. The term Negro was used in its ethnological sense, and needed no definition; but the term "mulatto" was held by legislative enactment to embrace all persons of color not Negroes. The words "quadroon" and "mestizo" are employed in some of the law books, tho not defined; but the term "octoroon," as indicating a person having one-eighth of Negro blood, is not used at all, so far as the writer has been able to observe.