Part 203 (1/2)
”We would notice, as a subject of painful interest, the appointment of Wm. N. Bishop to the high and responsible office of Teller, of the Central Bank of the State of Georgia--an inst.i.tution of such magnitude as to merit and demand the most unslumbering vigilance of the freemen of this State; as a portion of whom, we feel bound to express our _indignant reprehension_ of the promotion of such a character to one of its most responsible posts--and do exceedingly regret the blindness or _depravity_ of those who can sanction such a measure.
”We request that our presentment be published in the Miners' Recorder and Federal Union.
JOHN MARTIN, Foreman”
On motion of Henry L. Sims, Solicitor General, ”Ordered by the court, that the presentments of the Grand Jury, be published according to their request.” THOMAS HENRY, Clerk.
The same paper, four weeks after publis.h.i.+ng the preceding facts, contained the following: we give it in detail as the wretch who enacted the tragedy was another public functionary of the state of Georgia and acting in an official capacity.
”MURDER.--One of the most brutal and inhuman murders it has ever fallen to our lot to notice, was lately committed in Cherokee county, by Julius Bates, the son of the princ.i.p.al keeper of the Penitentiary, upon an Indian.
”The circ.u.mstances as detailed to us by the most respectable men of both parties, are these. At the last Superior Court of Ca.s.s county, the unfortunate Indian was sentenced to the Penitentiary. Bates, as _one of the Penitentiary guard_, was sent with another to carry him and others, from other counties to Milledgeville. He started from Ca.s.sville with the Indian ironed and bare footed; and walked him within a quarter of a mile of Canton, the C.H. in Cherokee, a distance of twenty-eight to thirty miles, over a very rough road in little more than half the day. On arriving at a small creek near town, the Indian [who had walked until the _soles of his feet were off and those of his heel turned back_,] made signs to get water, Bates refused to let him, and ordered him to go on: the Indian stopped and finally set down, whereupon Bates dismounted and gathering a pine knot, commenced and continued beating him and jirking him by a chain around his neck, until the citizens of the village were drawn there by the severity of the blows. The unfortunate creature was taken up to town and died in a few hours.
”An inquest was held, and the jury found a verdict of murder by Bates.
A warrant was issued, but Bates had departed that morning in charge of other prisoners taken from Canton, and the worthy officers of the county desisted from his pursuit, 'because they apprehended he had pa.s.sed the limits of the county.' We understand that the warrant was immediately sent to the Governor to have him arrested. Will it be done? We shall see.”
Having devoted so much s.p.a.ce to a revelation of the state of society among the slaveholders of Georgia, we will tax the reader's patience with only a single ill.u.s.tration of the public sentiment--the degree of actual legal protection enjoyed in the state of North Carolina.
North Carolina was settled about two centuries ago; its present white population is about five hundred thousand.
Pa.s.sing by the murders, affrays, &c. with which the North Carolina papers abound, we insert the following as an ill.u.s.tration of the public sentiment of North Carolina among 'gentlemen of property and standing.'
The 'North Carolina Literary and Commercial Journal,' of January 20, 1838, published at Elizabeth City, devotes a column and a half to a description of the lynching, tarring, feathering, ducking, riding on a rail, pumping, &c., of a Mr. Charles Fife, a merchant of that city, for the crime of 'trading with negroes.' The editor informs us that this exploit of vandalism was performed very deliberately, at mid-day, and _by a number of the citizens_, 'THE MOST RESPECTABLE IN THE CITY,'
&c. We proceed to give the reader an abridgement of the editor's statement in his own words.--
”Such being the case, a number of the citizens, THE MOST RESPECTABLE IN THIS CITY, collected, about ten days since, and after putting the fellow on a rail, carried him through town with a duck and chicken tied to him. He was taken down to the water and his head tarred and feathered; and when they returned he was put under a pump, where for a few minutes he underwent a little cooling. He was then told that he must leave town by the next Sat.u.r.day--if he did not he would be visited again, and treated more in accordance with the principles of the laws of Judge Lynch.
”On Sat.u.r.day last, he was again visited, and as Fife had several of his friends to a.s.sist him, some little scuffle ensued, when several were knocked down, but nothing serious occurred. Fife was again mounted on a rail and brought into town, but as he promised if they would not trouble him he would leave town in a few days, he was set at liberty. Several of our magistrates _took no notice of the affair_, and rather seemed to tacitly acquiesce in the proceedings. The whole subject every one supposed was ended, as Fife was to leave in a few days, when WHAT WAS OUR ASTONISHMENT to hear that Mr. Charles R.
Kinney had visited Fife, advised him not to leave, and actually took upon himself to examine witnesses, and came before the public as the defender of Fife. The consequence was, that all the rioters were summoned by the Sheriff to appear in the Court House and give bail for their appearance at our next court. On Monday last the court opened at 12 o'clock, Judge Bailey presiding. Such an excitement we never witnessed before in our town. A great many witnesses were examined, which proved the character of Fife beyond a doubt. At one time rather serious consequences were apprehended--high words were spoken, and luckily a blow which was aimed at Mr. Kinney, was parried off, and we are happy to say the court adjourned after ample securities being given. The next day Fife was taken to jail for trading with negroes, but has since been released on paying $100. The interference of Mr.
Kinney was wholly unnecessary; it was an a.s.sumption on his part which properly belonged to our magistrates. Fife had agreed to go away, and the matter would have been amicably settled but for him. We have no unfriendly feelings towards Mr. Kinney: no personal animosities to gratify: we have always considered him as one of our best lawyers. But when he comes forth as the supporter of such a fellow as Fife, under the plea that the laws have been violated--when he arraigns the acts of thirty of the inhabitants of this place, it is high time for him to reflect seriously on the consequences. The Penitentiary system is the result of the refinement of the eighteenth century. As man advances in the sciences, in the arts, in the intercourse of social and civilized life, in the same proportion does crime and vice keep an equal pace, and always makes demands on the wisdom of legislators. Now, what is the Lynch law but the Penitentiary system carried out to its full extent, with a little more steam power? or more properly, it is simply thus: _There are some scoundrels in society on whom the laws take no effect; the most expeditious and short way is to let a majority decide and give them_ JUSTICE.”
Let the reader notice, 1st, that this outrage was perpetrated with great deliberation, and after it was over, the victim was commanded to leave town by the next week: when that cooling interval had pa.s.sed, the outrage was again deliberately repeated. 2d. It was perpetrated by ”thirty persons,' ”_the most respectable in the city_.” 3d. That at the second lynching of Fife, several of his neighbors who had gathered to defend him, (seeing that all the legal officers in the city had refused to do it, thus violating their oaths of office,) _were knocked down_, to which the editor adds, with the business air of a professional butcher, ”nothing _serious_ occurred!” 4th. That not a single magistrate in the city took the least notice either of the barbarities inflicted upon Fife, or of the a.s.saults upon his friends, knocking them down, &c., but, as the editor informs us, all ”seemed to acquiesce in the proceedings.” 5th. That this conduct of the magistrates was well pleasing to the great ma.s.s of the citizens, is plain, from the remark of the editor that ”every one supposed that the whole subject was ended,” and from his wondering exclamation, ”WHAT WAS OUR ASTONISHMENT to hear that Mr. C.R. Kinney had actually took upon him to examine witnesses,” &c., and also from the editor's declaration, ”Such an excitement we never before witnessed in our town.” Excitement at what? Not because the laws had been most impiously trampled down at noon-day by a conspiracy of thirty persons, ”the most respectable in the city;” not because a citizen had been twice seized and publicly tortured for hours, without trial, and in utter defiance of all authority; nay, verily! this was all complacently acquiesced in; but because in this slaveholding Sodom there was found a solitary Lot who dared to uplift his voice for _law_ and the _right of trial by jury_; this crime stirred up such an uproar in that city of ”most respectable” lynchers as was ”_never witnessed before_,” and the n.o.ble lawyer who thus put every thing at stake in invoking the majesty of law, would, it seems, have been knocked down, even in the presence of the Court, if the blow had not been ”parried.”
6th. Mark the murderous threat of the editor--when he arraigns the _acts_,” (no matter how murderous) ”of thirty citizens of this place, it is high time for him to reflect seriously _on the consequences_.”
7th. The open advocacy of ”Lynch law” by a set argument, boldly setting it above all codes, with which the editor closes his article, reveals a public sentiment in the community which shows, that in North Carolina, though society may still rally under the flag of civilization, and insist on wrapping itself in its folds, barbarism is none the less so in a stolen livery, and savages are savages still, though tricked out with the gauze and tinsel of the stars and stripes.
It may be stated, in conclusion, that the North Carolina ”Literary and Commercial Journal,” from which the article is taken, is a large six-columned paper, edited by F.S. Proctor, Esq., a graduate of a University, and of considerable literary note in the South.
Having drawn out this topic to so great a length, we waive all comments, and only say to the reader, in conclusion, _ponder these things_, and lay it to heart, that slaveholding ”is justified _of her children_.” Verily, they have their reward! ”With what measure ye mete withal it shall be measured to you again.” Those who combine to trample on others, will trample on _each other_. The habit of trampling upon _one_, begets a state of mind that will trample upon _all_. Accustomed to wreak their vengeance on their slaves, indulgence of pa.s.sion becomes with slaveholders a second law of nature, and, when excited even by their equals, their hot blood brooks neither restraint nor delay; _gratification_ is the _first_ thought--prudence generally comes too late, and the slaves see their masters fall a prey to each other, the victims of those very pa.s.sions which have been engendered and infuriated by the practice of arbitrary rule over _them_. Surely it need not be added, that those who thus tread down their equals, must trample as in a wine-press their defenceless va.s.sals. If, when in pa.s.sion, they seize those who are _on their own level_, and dash them under their feet, with what a crus.h.i.+ng vengeance will they leap upon those who are _always_ under their feet?