Chapter 27 - Page 2

the colonel's instance. At the last moment they all weakened, even the discharged guard, and their testimony was not sufficient to justify an indictment.

The colonel then sued out a writ of habeas corpus for the body of Bud Johnson, and it was heard before the common pleas court at Clarendon, with public opinion divided between the colonel and Fetters. The court held that under his contract, for which he had paid the consideration, Fetters was entitled to Johnson's services.

The colonel, defeated but still undismayed, ordered Caxton to prepare a memorial for presentation to the federal authorities, calling their attention to the fact that peonage, a crime under the Federal statutes, was being flagrantly practised in the State. This allegation was supported by a voluminous brief, giving names and dates and particular instances of barbarity. The colonel was not without some quiet support in this movement; there were several public-spirited men in the county, including his able lieutenant Caxton, Dr. Price and old General Thornton, none of whom were under any obligation to Fetters, and who all acknowledged that something ought to be done to purge the State of a great disgrace.

There was another party, of course, which deprecated any scandal which would involve the good name of the State or reflect upon the South, and who insisted that in time these things would pass away and there would be no trace of them in future generations. But the colonel insisted that so also would the victims of the system pass away, who, being already in existence, were certainly entitled to as much consideration as generations yet unborn; it was hardly fair to sacrifice them to a mere punctilio. The colonel had reached the conviction that the regenerative forces of education and enlightenment, in order to have any effect in his generation, must be reinforced by some positive legislative or executive action, or else the untrammelled forces of graft and greed would override them; and he was human enough, at this stage of his career to wish to see the result of his labours, or at least a promise of result.

The colonel's papers were forwarded to the proper place, whence they were referred from official to official, and from department to department. That it might take some time to set in motion the machinery necessary to reach the evil, the colonel knew very well, and hence was not impatient at any reasonable delay. Had he known that his presentation had created a sensation in the highest quarter, but that owing to the exigencies of national politics it was not deemed wise, at that time, to do anything which seemed like an invasion of State rights or savoured of sectionalism, he might not have been so serenely confident of the outcome. Nor had Fetters known as much, would he have done the one thing which encouraged the colonel more than anything else. Caxton received a message one day from Judge Bullard, representing Fetters, in which