131. CXXXI.
AN IMPORTANT CASE AT THE CORNERS UNDER
THE VAGRANT ACT.—THE DECISIONS OF 'SQUIRE
GAVITT.
Post Offis, Confedrit × Roads, }
(wich is in the Stait uv Kentucky),
Janooary 28, 1867.
[1]
Wun uv the most important cases — important in a national
sense — ever tried afore a court uv justis, came off afore
Squire Gavitt yesterday. It was important, becoz it involved
the very existence uv the institution upon which Kentucky
is built — becoz, upon its decision hung the question whether
or not the Bible shood be respectid and its holy injunctions
obeyed — whether Kentucky shood, clingin to the Skripters,
go on ez a Christian State, or denyin it, go back into infidelity
and barbarism. I scasely need say that the porshens uv the
Bible to wich I refer, is the ever blessid chapters relatin to
Ham, Hager, and Onesimus — the only parts of the Skripter
we pay much attention to. But ef them is attacked successfully,
wat follows? The entire strukter comes tumblin to the
ground. Therefore, holdin to Afrikin slavery, we are orthodox
believers.
The circumstances uv the case wuz suthin like this: A nigger
uv the name uv Gabriel, wunst the happy and contented
servant uv that eminent Christian, Deekin Pogram, becum
possessed uv the spirit uv the devil, and sullen, becoz the
Deekin sold his wife to raise the means to send his second son,
Isaker, wich wuz a studyin for the ministry, to a Theolojikle
Institoot, somewhereas in Georgia. He run away in the fust
year uv the war, and follered the Federal army, finally enlisting
as a sojer. During the progress uv the struggle, he learned
to read, and bein powerful in prayer and sich, he headed a
revival, and hevin gifts that way, attracted the notis uv Genril
Howard, who hed him instructed, and finally made him an
agent uv a branch uv that accursid Freedmen's Burow. After
the war, he appeared in this vicinity, salaried by the society,
and commenst unfittin the niggers for their normal condishun
by teechin on em to read, and establishin Sunday skools among
em, wich wuz aginst the dignity and peace uv the commonwealth.
The citizens stood it with pashense ontil last Monday.
The Deekin hed a dispoot with a nigger relativ to a triflin
matter uv wages. The nigger hed bin workin at the stipulated
price uv $4 per month — the Deekin brought in, ez a offset,
his board at $2 per week; and ruther than hev any fuss about
it proposed to let him work the balance out durin the winter
months. To this ekitable arrangement the nigger demurred,
holdin that board wuz inclooded, and this Gabrel advised the
nigger to sue, and he did so.
Enraged at his interference, the Deekin went before Squire
Gavitt, and complained of Gabrel ez a vagrant, and employed
me to attend to the case. Pollock, the Illinoy storekeeper,
volunteered to defend the nigger, and there wuz a tremenjus
excitement over it.
I opened the case by statin that the nigger's biznis wuz to
prove that he hed vizable means uv support: Pollock insisted
that it wuz our biznis to prove that he hedn't, but the court
decided agin him.
The nigger then swore that he reseeved from his congregashen
$30 per month for services. I submitted that, ez he wuz
a interested party, other proof wood be required. Pollock
interdoost the elders of the congregashen, but I checkmated
him there, by submittin that the testimony uv niggers wuzn't
admissable, wich the court decided it wuzn't.
Immejitly Pollock submitted that whether or no his client
coodent be considered a vagrant, ez he cood testify himself to
the fact that he (Gabrel) hed in his house $200 in greenbax —
a suffishent support for a time, at least.
Ther wuz a immense eggscitement in the court.
“Wher duz he keep it?” asked the Squire, visibly agitated.
“In a chest at his house,” sed Pollock.
“This court stands adjourned for thirty minits,” sed the
Squire, boundin over the railin in front uv him. “Hold on,”
sez he; “hold on, Deekin; a fair start is all I want. Don't
take advantage uv my age to get ther first,” and pell-mell over
one another the entire audience, ceptin Pollock, the nigger,
and me, started on a keen run for the house. In a few minits
they returned, pantin and out uv breath, when the Squire
called the court to order again, wich bein restored, he remarked,
ef it cood be established that the nigger hed $200 in
greenbax it wood necessarily discharge him, ez no man with
that sum cood be considered a vagrant; but he thot ef the
prizner at the bar shood look in the direckshun uv his house,
he'd find it wuzn't ther any more, ez a house, the materyal uv
wich it wuz built wuz lyin permiskus. Likewise, probably, he
wooden't be able to find the $200 he hed in his chest. The
place that knowd it wunst will know it no more forever — it
hed been confiscated by the enraged citizens. He wanted it
understood that no such triflin impediment in the way uv justis
ez the possession uv $200 cood be allowed within the jurisdickshen
uv this court. The nigger not bein able to prove his
means uv support, and ez the court knowd uv its own knollege
that he ain't now got any $200, the court wood ask the criminal's
counsel wat other nonsense he hez to plead.
Sed Pollock, the Illinoy storekeeper, —
“I wood beg leave to state to this court that, under the
Civil Rites law, the defendant cannot be arrested ez a vagrant,
ez the law under wich the accused is arrested only menshuns
persons uv color, makin a distinkshen agin em.”
Never, while memry retains her seat, shel I forget the scene
that ensood. Filled with a sense uv the responsibility restin
onto him, the Squire rose slowly from his seat, his face uv a
deathly palenis, wich hed the effeck uv hightnin, by contrast,
the intense rednis uv his nose, and risin to his full hite, remarked
that the court hed expectid that objeckshen to be
urged, and hed, therefore, prepared fur it. That law doesn't
bind this court to any alarmin extent, considerin it ez infringin
onto the reserved rites uv the States.
“Will the court be so good ez to menshun, for the informashun
uv the populace, wat the reserved rites uv the States
are?” sez Pollock.
“The court insists that it shel not be interruptid when it's
deliverin itself uv an opinion. Considerin it ez infringin upon
the reserved rites uv the States, uv whom Kentucky is the
cheefest and the loveliest among ten thousand” — at this pint
his nose glowd redder, and it seemed to me ez tho a halo uv
lite encirkled his frosty head, ez he fearlessly continued —
“the court holds that law to be unconstooshnel, and ez
sich, shel not regard it. Hez the counsel anything more
to remark?”
“Nothin,” sed Pollock. “And knowin the court so well ez
I do, I wonder at my makin sich an ass uv myself ez to hev
remarkt anything at all.”
“Hez the counsel for the State anything to say?”
“Nothin,” sed I. “I am willin to trust the case in yoor
hands, feelin confident that justis — genooine Kentucky justis
— will be done.”
Whereupon the Squire hed the prizner stand up, and drawin
on a black cap, in a very impressive manner, sentenst him to
eighteen months hard labor, breakin stone on the turnpike, at
the conklushen uv wich Pollock very profanely added, “And
may the Lord hev mercy on your sole.”
The nigger wuz immejitly stript uv his good close, wich the
Squire thot wood just fit him, and a soot uv vagrant's close wuz
given him, and he wuz to-wunst put to his labor.
We hev hopes that this will end the nigger skools in this
vicinity, ez well ez the diskontent that hez eggisted among the
niggers ever since the disturbin Gabrel hez bin here. The
Corners is now enjoyin a holy calm — more so than any period
for a month.
