Avram Davidson: The Avram Davidson Treasury : a tribute collection

“Seems like an unassailable defense.” The younger lawyer was interested despite himself. “What happened?”

“Let’s see if I can recollect the Court’s words.” This was mere modesty. Old man Bailiss’ memory was famous on all matters concerning the slave codes. “Mmm. Yes. Court said: ‘The slave status has removed this man from the normal fellow-servant category. He is fettered fast by the most stern bonds our laws take note of. He cannot with impunity desert his post though danger plainly threatens, nor can he reprove free men for their bad management or neglect of duty, for the necessity of his condition is upon him.’ Awarded the owner — Creole man name of Le Tour — awarded him $1300.”

“It seems right, put like that. But now, Dr. Sloan—”

“Now, Neddy. Domino was carefully examined by my Doctor, old Fred Pierce—”

“Why, Pierce hasn’t drawn a sober breath in twenty years! He gets only slaves for his patients.”

“Well, I reckon that makes him what they call a specialist, then. No, Ned, don’t go to court. You have no case. My jailer will testify, too, that Domino was sound when I sold him. It must of been that whipping sickened him.”

Wickerson rose. “Will you make partial restitution, then?” The old man shook his head. His long hair was streaked with gray, but the face under it was still ruddy. “You know Domino was sick,” Wickerson said. “I’ve spoken to old Miss Whitford’s man, Micah, the blacksmith, who was doing some work in your jail awhile back. He told me that he heard Domino coughing, saw him spitting blood, saw you watching him, saw you give him some rum and molasses, heard you say, ‘Better not cough till I’ve sold you, Dom, else I’ll have to sell you south where they don’t coddle Negroes.’ This was just before you did sell him — to my client.”

The old man’s eyes narrowed. “I’d say Micah talks over-much for a black man, even one of old Miss Whitford’s — a high and mighty lady that doesn’t care to know me on the street. But you forget one mighty important thing, Mr. Wickerson!” His voice rose. He pointed his finger. “It makes no difference what Micah heard! Micah is property! Just like my horse is property! And property can’t testify! Do you claim to be a lawyer? Don’t you know that a slave can’t inherit — can’t bequeath — can’t marry nor give in marriage — can neither sue nor prosecute — and that it’s a basic principle of the law that a slave can never testify in court except against another slave?”

Wickerson, his lips pressed tightly together, moved to the door, kicked it open, scattering a knot of idlers who stood around listening eagerly, and strode away. The old man brushed through them.

“And you’d better tell Sam Worth not to come bothering me, either!” Bailiss shouted at Wickerson’s back. “I know how to take care of trash like him!” He turned furiously to the gaping and grinning loungers.

“Get away from here, you mud-sills!” He was almost squeaking in his rage.

“I reckon you don’t own the sidewalks,” they muttered. “I reckon every white man in this state is as good as any other white man,” they said; but they gave way before him. The old man stamped back into his office and slammed the door.

It was Bailiss’ custom to have his supper in his own house, a two-story building just past the end of the sidewalk on Rampart Street; but tonight he felt disinclined to return there with no one but rheumaticky old Edie, his housekeepercook, for company. He got on his horse and rode down toward the cheerful bustle of the Phoenix Hotel. Just as he was about to go in, Sam Worth came out. Worth was a barrel-shaped man with thick short arms and thick bandy legs. He stood directly in front of Bailiss, breathing whiskey fumes.

“So you won’t settle?” he growled. His wife, a stout woman taller than her husband, got down from their wagon and took him by the arm.

“Come away, now, Sam,” she urged.

“You’d better step aside,” Bailiss said.

“I hear you been making threats against me,” Worth said.

“Yes, and I’ll carry them out, too, if you bother me!”

A group quickly gathered, but Mrs. Worth pulled her husband away, pushed him toward the wagon; and Bailiss went inside. The buzz of talk dropped for a moment as he entered, stopped, then resumed in a lower register. He cast around for a familiar face, undecided where to sit; but it seemed to him that all faces were turned away. Finally he recognized the bald head and bent shoulders of Dr. Pierce, who was slumped at a side table by himself, muttering into a glass. Bailiss sat down heavily across from him, with a sigh. Dr. Pierce looked up.

“A graduate of the University of Virginia,” the doctor said. His eyes were dull.

“At it again?” Bailiss looked around for a waiter. Dr. Pierce finished what was in his glass.

“Says he’ll horsewhip you on sight,” he muttered.

“Who says?” Bailiss was surprised.

“Major Jack Moran.”

Bailiss laughed. The Major was a tottery veteran of the War of 1812 who rode stiffly about on an aged white mare. “What for?” he asked.

“Talk is going around you Mentioned A Lady’s Name.” Pierce beckoned, and at once a waiter, whose eye old man Bailiss had not managed to catch, appeared with a full glass. Bailiss caught his sleeve as the waiter was about to go and ordered his meal. The doctor drank. “Major Jack says, impossible to Call You Out — can’t appear on Field of Honor with slave trader — so instead will whip you on sight.” His voice gurgled in the glass.

Bailiss smiled crookedly. “I reckon I needn’t be afraid of him. He’s old enough to be my daddy. A lady’s name? What lady? Maybe he means a lady who lives in a big old house that’s falling apart, an old lady who lives on what her Negro blacksmith makes?”

Dr. Pierce made a noise of assent. He put down his glass. Bailiss looked around the dining room, but as fast as he met anyone’s eyes, the eyes glanced away. The doctor cleared his throat.

“Talk is going around you expressed a dislike for said Negro. Talk is that the lady has said she is going to manumit him to make sure you won’t buy him if she dies.”

Bailiss stared. “Manumit him? She can’t do that unless she posts a bond of a thousand dollars to guarantee that he leaves the state within ninety days after being freed. She must know that free Negroes aren’t allowed to stay on after manumission. And where would she get a thousand dollars? And what would she live on if Micah is sent away? That old lady hasn’t got good sense!”

“No,” Pierce agreed, staring at the glass. “She is old and not too bright and she’s got too much pride on too little money, but it’s a sis”—his tongue stumbled—“a singular thing: there’s hardly a person in this town, white or black or half-breed Injun, that doesn’t love that certain old lady. Except you. And no body in town loves you . Also a singular thing: here we are—”

The doctor’s teeth clicked against the glass. He set it down, swallowed. His eyes were yellow in the corners, and he looked at Bailiss steadily, save for a slight trembling of his hands and head. “Here we are, heading just as certain as can be towards splitting the Union and having war with the Yankees — all over slavery — tied to it hand and foot — willing to die for it — economy bound up in it — sure in our own hearts that nature and justice and religion are for it — and yet, singular thing: nobody likes slave traders. Nobody likes them.”

“Tell me something new.” Bailiss drew his arms back to make room for his dinner. He ate noisily and with good appetite.

“Another thing,” the doctor hunched forward in his seat, “that hasn’t added to your current popularity is this business of Domino. In this, I feel, you made a mistake. Caveat emptor or not, you should’ve sold him farther away from here, much farther away, down to the rice fields somewhere, where his death would have been just a statistic in the overseer’s annual report. Folks feel you’ve cheated Sam Worth. He’s not one of your rich absentee owners who sits in town and lets some cheese-paring Yankee drive his Negroes. He only owns four or five, he and his boy work right alongside them in the field, pace them row for row.”