The agent was frowning. ' Tis Barcroft, the attorney.'
'Do we need an attorney?'
‘I
would not have supposed so. You have but to lay claim. Now.' For the magistrate was peering at them. 'Will the plaintiff stand up?'
Haggard stood up.
'State your name and occupation and address.'
‘I
am John Haggard, late of Haggard's Penn in the island of Barbados, but now resident at Derleth Hall in Der
byshire.' 'State the charge you
propose to bring.'
He found himself becoming irritated by the monotonous disinterest of the voice.
'My charge is very simple,' Haggard said.
'Your Honour.'
'Eh?'
'You will address the bench as Your Honour, Mr. Haggard.'
Definitely he should have had an attorney. Cummings was incompetent. 'My charge, Your Honour,' he said, his voice slowing to that even tone which betrayed his anger, 'is that that black man over there, whose name is James Middlesex, is my slave, whom I brought from Barbados as my butler, and who ran away from Derleth Hall six days ago. He was aided in his escape by Mr. Granville Sharp, whom you see sitting next to him. I pursued my slave, but was prevented from regaining him by Mr. Sharp. I am here today, Your Honour, to obtain restitution of my lawful property.'
The magistrate peered at him for a while longer, then nodded. 'You may sit down, Mr. Haggard. Mr. Sharp?'
Barcroft stood up.
‘I
represent the defendant. Your Honour.' 'Yes, Mr. Barcroft.'
'Your Honour . . .' Barcroft grasped the lapels of his coat. 'My client contends that there is no charge for him to answer, by the very simple reason that slavery is not recognised in this country, therefore the man Middlesex cannot be a slave, therefore he cannot be accused of having run away from anyone. My client is prepared to admit that the man Middlesex borrowed a horse belonging to Mr. Haggard, but the animal has since been returned, and Mr. Sharp is prepared to pay a reasonable sum as rental for the animal during the two days it was away from Derleth Hall.'
'One moment, Mr. Barcroft,' the magistrate interrupted. 'Do I understand from what you have said, that your client does not deny assisting the man Middlesex to abscond?'
'My client does not deny befriending the man Middlesex and assisting him, Your Honour. Certainly he denies assisting him to abscond, because how may a free man abscond?'
'Hum,' said the magistrate. 'Hum. Mr. Haggard?'
'I am amazed that you listen to such rubbish,' Haggard said.
'Mr. Haggard? This is a court of law.'
'And I expect it to uphold the law, Your Honour. I am an Englishman, and I own certain property. That man is mine, just as the horse he took is mine, just as Derleth Hall is mine. No one can deny these things. A man's property is inviolable. There is the oldest of all English Common Laws. I must insist upon the return of Middlesex to my care.'
'Hum,' said the magistrate. 'Hum. Mr. Barcroft?'
'Your Honour,' said the attorney. This great nation of ours has ever led the entire world in the efficacy of our laws, the transparent goodness, humanity, lawfulness of our laws. Your Honour, in common with many other nations, centuries ago we recognised the pernicious institution of serfdom. We allowed certain men to rise above themselves and seek to own others less fortunate than themselves. Your Honour, for two centuries my ancestors and yours fought for that terr
ible injustice to be abolished.
Your Honour, a hundred years ago we won that fight. When King William came to the throne, uplifted and protected, but also constrained, by the Bill of Rights, the possibility of one man enslaving another was gone from this great land of ours. Your
Honour, I know not, and I care not, what barbarous practices obtain in remote colonies such as Barbados. You know, and I know, that the West Indies have ever been a breeding ground for piracy and every ill known to mankind. Possibly conditions in those savage climes necessitate different men who project different attitudes. But this is not Barbadian soil on which I am standing. I am standing on English soil, Your Honour, and regardless of what I have done, no man has the right to enslave me. If I am in debt and cannot pay, my creditor has the recourse of sending me to prison. If I have committed murder or treason, the law has the recourse of taking my life. But so long as I am alive and English, no man can put fetters on my wrists and say, you belong to me. Your Honour, to grant the claim that this man Middlesex be returned to Mr. Haggard's custody, to the whip and the chain and the insults of serfdom, would be to lower our great country once again to the level of Russian autocracy. It cannot, it will not, happen here, sir.'
'By God,' Haggard said.
'Hum,' said the magistrate. 'I must ask you to control your temper, Mr. Haggard.'
Then return my property,' Haggard said.
'Hum,' said the magistrate,
‘I
really feel that this entire matter is beyond my jurisdiction, and should be referred to a higher authority.'
Haggard frowned at him. He could not believe his ears. 'You are confessing your incompetence to pronounce on a matter of law?'
'Be careful, Mr. Haggard,' the magistrate said. 'Or I will hold you in contempt. I can understand your situation. But I must also take note of Mr. Barcroft's arguments. There
is
no slavery in England. That is the law. Why, sir, I shudder to think of the consequences were any judgement of mine to suggest a restoration of so uncivilised a possibility. At the same time, the man was not enslaved here, but was brought from overseas. Now there is a complicated matter.'
'And as there must be many other gentlemen who, like myself have black servants, Your Honour,' Haggard pointed out, 'can you not shudder to consider the consequences of a judgement which would set all of them free?'
‘I
t is not proven that such other black servants are slaves, Your Honour,' Barcroft said.
'Gentlemen, gentlemen, these cross arguments are both irregular and confusing. And I repeat, i
t seems to me that the issues at
stake here are too great to be decided in this brief discussion. Should you wish to pursue your claim, Mr. Haggard . . .'He paused, peered at Haggard once again, this time more hopefully. 'You do wish to pursue your claim to this man's person?'
'He belongs to me,' Haggard said. 'Why do you suppose 1 should not wish to pursue my claim?'
Then you will have to take the matter to a superior court. 1 would suggest, Mr. Haggard, that you employ an attorney to see to your interests, and that you instruct him to brief a barrister for the presentation of your case. Thank you, gentlemen.'
'Wait just one moment,' Haggard said. 'How long will this reference to a higher court take?'
‘I
t will be expedited as soon as your solicitor prepares your case, Mr. Haggard. Certainly not more than a year.'
'A year?' Haggard shouted.
'You will address me as Your Honour, Mr. Haggard.' 'A year,' Haggard repeated. 'And what of the custody of Middlesex?'
'Ah,' said the magistrate.
'Your Honour,' Barcroft said. The defendant will of course be happy to cooperate with Your Honour's decision to refer the matter to higher court. But you must see that such a decision is meaningless should the man Middlesex be returned to the custody of Mr. Haggard. He will be immediately treated as a slave. Why, Your Honour, we cannot even be sure he will be here to appear in a year's time.'
'Are you suggesting Mr. Haggard would . . . ah . . .do him an injury?'
That I cannot say,' Barcroft said, casting Haggard a contemptuous glance. 'But we do know that Mr. Haggard owns a sugar plantation in Barbados. Once given inalienable rights over the body of Middlesex he might well decide to return him to that bondage from which he has so fortunately escaped.'
'Hum,' said the magistrate. 'There's a point, Mr. Haggard.'
'You will have to take my assurance on the matter,' Haggard said.
'Hum,' said the magistrate.
'Your Honour, I must protest,' Barcroft said. 'It would be quite intolerable to expose Middlesex to Mr. Haggard's whims
and angers and cajoleries, with
out hope of redress, until the case is decided one way or the other.'
'And what proof have we that Mr. Sharp will not send Middlesex from the country during the year?'
'Gentlemen,' said the magistrate. 'You will address the bench and not each other. Mr. Sharp will give financial assurance that Middlesex will appear before a superior court as and when he is required to do so. In the meanwhile he is remanded in the custody of Mr. Sharp.'
'By God,' Haggard said,
‘I
have never heard such a travesty of justice.'
'I will overlook that remark, Mr. Haggard, as I am about to adjourn this court.' The magistrate stood up. 'Court adjourned.'
'Congratulations, Barcroft.' Sharp shook hands with his attorney, as did Middlesex. 'You did us proud.'
Haggard glared at them. He could not recall ever being so angry in his life. British justice. Why, he might as well have stayed in Barbados. At least there he had known exactly where he stood.
'We'd best leave, Mr. Haggard,' Cummings muttered. There is a gentleman . . .'
The devil with it,' Haggard growled. He left his seat and crossed the floor. Sharp saw him coming and stepped away from the other two.
'My day, Mr. Haggard. But you'll have another chance.'
Haggard stared at him, brows drawing together. 'Do you suppose this is some game, sir?'
'I regard it as a contest, certainly, Mr. Haggard, between at best two different interpretations of the law, at worst between the forces of repression and the forces of liberty. It is a contest I propose to win, if it is possible to do so, but I can respect a formidable adversary.'
'By God,' Haggard said. He looked at Middlesex. 'Have you nothing to say to me?'
Middlesex chewed his lip. 'Well, I must be sorry to have caused you this trouble, Mr. John.'
'Why?' Haggard demanded, in the name of God, why? Have I ever ill-treated you? Have I ever shown you anything but kindness? Come now, man, speak the truth.'
'Well, Mr. John, is a fact you have always been good to me.'
Haggard scratched his head in sheer frustration. 'Yet you have run away.'
'Well, Mr. John, sir, is a fact a man got for be free, if he can.
All the people I am meeting, they are free, Mr. John. And they asking me, why you are not free? How are you a slave? They asking, Mr. John, and I am thinking. How am I a slave?'
'And there you have it in a nutshell, Mr. Haggard,' Barcroft said.
Haggard looked from one to the other, then turned back to Sharp". He was aware of a feeling of total humiliation. Sharp had made a fool of him, in the most public fashion. There was only one course of action left to a gentleman, and a Haggard. 'You, sir, are nothing more than an agitator. And, through the mouth of your attorney here, you have seen fit to cast the gravest aspersions upon my honesty and indeed my humanity. I regard that as an insult, sir." My second will call upon you.'
Sharp gathered up his papers. 'And he will be shown the door, sir. I am not afraid to be a coward. Go and fight with your fellow planters, and leave honest men in peace.' He walked past Haggard to the door. Middlesex and Barcroft followed.
For the first time in his life Haggard was speechless. It had never occurred to him that it was possible for a gentleman to refuse a challenge. He stared after the disappearing men, his fists opening, shutting.
'Mr. Haggard,' Cummings said.
'I doubt this country is truly for me,' Haggard said, it is composed of lawyers and cowards so far as I can see.'
'Not entirely, Mr. Haggard. There is a gentleman most anxious to have a word with you.'
'And I have no desire to speak with anyone at this moment,' Haggard said.
'Please, sir. It will certainly be to your advantage.'
Haggard sighed, allowed himself to be escorted to the back of the courtroom, where he found a very elegant man, older than himself, and only of medium height with a stocky build, but dressed in the height of fashion in a dark green heavy cloth garrick overcoat, white buckskin breeches and black leather Hessian boots with braided tops and a gold tassel hanging from each. His coat was pale green, worn over a pique waistcoat, his hat was a grey felt with a silk cord, which he now proceeded to raise. His face was uncommonly fine, having small, perfectly etched features, small nose and mouth and chain all fitting smoothly into the other. He made Haggard feel like a tramp.