THE TITLE DEED.

  SQUIRE ANDREW HOBBY was professedly a justice of the peace; his chief business, however, was writing out bills for the sale of negroes. He was naturally a pompous man, but generally concealed this peculiarity, as he was dependent upon the good will of the populace for his official dignity. Hobby had a high regard for Mildmay, simply because that gentleman had never treated him with the least passing notice; and he was accordingly quite flattered, when Mildmay checked his horse in front of his little office one morning, and stated that he desired at a particularly named time his official services at the "Heritage Place."

  "And what is it you desire of me?" inquired Hobby before Mildmay had time to finish his commission.

  "Simply," returned Graham, "to execute the papers for the sale of a negro; and my reason for troubling you to come out to my house is, that it may possibly be inconvenient for Mrs. Mildmay to visit Beechland, to sign the title deed."

  "I'll come out with pleasure," said Hobby, rubbing his hands with excitement; "this office of mine is not much of a place to invite ladies in."

  "The office is well enough, said Mildmay; "but ladies, you are aware, find it difficult to leave home."

  "They do," returned Hobby, with emphasis; and suddenly assuming his natural manner, he continued, "Ladies thrive best in the domestic circle, surrounded by the endearments of home; and, as the editor of the Southern War Trumpet observes, depending for support upon the sterner sex, as the vine upon the lordly oak."

  "You are quite an enthusiast, Mr. Hobby, when alluding to the sex," returned Mildmay, gathering up the loose bridle-reins, and preparing to leave.

  "Quite," said Hobby, trying to look impressive; "quite, Mr. Mildmay, for we can never return the debt of gratitude we owe to woman."

  Graham struck his spur gently into his horse's flanks, and as the generous animal started off, he muttered to himself, "Confound that fellow's stereotyped compliments; why don't he practise some of his professions, by taking the most ordinary care of his notoriously neglected wife."

  When Mildmay reached home, Mr. Speers was waiting for him upon the gallery of the house. Mildmay saluted the gentleman, and after a few moments' conversation with Annie, returned to his guest.

  "I saw Squire Hobby," said he, drawing up a chair, and ordering Governor to bring some refreshments; "and

  "I'm not specially engaged at this time," returned Speers, in a drawling voice, filling his tumbler half full of brandy, and declining any water. "I've been over the crap this morning," he continued, "and though smartly in the grass, I reckon the niggers can get along without being touched up, till night, if they must."

  "I am very sorry," said Mildmay, going to his desk, and getting out some papers, "that Mr. Murritt, when he sold me the girl Mary, did not you say, owned her husband."

  "He wouldn't a' told you that, and been sharp at a trade," said Speers, his eyes twinkling at the preposterous idea of a trader's saying any thing to interfere with a bargain; "for," he suggested, "maybe, you wouldn't have bought the girl if you know'd she had been separated from her husband."

  "I certainly would not," said Mildmay, his face flushing with excitement.

  "And do you 'spose," said Speers, with a kind of triumph unconsciously displayed in his voice, "that Murritt could make a living if he consulted his niggers as to how he should sell 'em?"

  Mildmay bit his lip, and internally acknowledging, in spite of himself, that his long residence in the North had unprepared him somewhat for the associations around him; and, at the moment, perceiving the busy Mr. Hobby approaching, he walked toward the gate to meet him, and lead the way to the house.

  Again the ceremony of drinking was gone through with, much to the gratification of Speers and Hobby,—the latter gentleman observing, much to the admiration of Speers,

  "That if he ever did own a big plantation, he rather thought if he hadn't any thing else good, he would have 'No. 1,' sperits;" when, suddenly recollecting that Speers owned only a small plantation, he continued, smiling toward that gentleman, "in the mean time, I'd have plenty of plain whiskey."

  "This Mildmay is rather a stiff man," said Speers, looking nervously about, Graham having for the moment left his guests.

  "He is," almost whispered Hobby; "but you see," he went on, "it's the way with the rich,—they can afford to put on airs."

  "But," continued Speers, with a sort of injured expression, "Mildmay won't drink,—won't frolic,—won't card,—won't chaw,—and smokes a cigar as if he didn't love it; what kind of man is that?" and Speers looked at Hobby as if he had given a question too difficult for human solution.

  "Why, you see, the fact is," said Hobby, puckering up his mouth with the expression that he assumed when on "the bench," "you see Mr. Mildmay, though born in old Carolina, was raised among the Yankees, and his edification has been neglected; I haven't lived, Mr. Speers, in Beechland nigh on to fifteen years for nothing:" and Hobby looked more profound than ever, and touching Speers upon the breast, he continued:

  "We have had a many good cases here like Mildmay, that didn't cut up such shindys more than a year or two, and then begun and went it strong to make up. Why Jim Ruggles, as keeps the race-track, and was tried last court for stocking cards, commenced here nine years ago worse than Mildmay."

  "That Jim Ruggles is a good fellow," said Speers, with great sympathy, and not exactly comprehending Esq. Hobby's meaning; and he continued, with some animation, "that 'ere 'ditement 'bout the cards was done, just 'cause Ruggles is so poor that he can't pertect himself from abuse."

  "That's true—that's true," said the polite Hobby; "for you see," added he, "Major Lively said to the court, 'that if wringing in an ace or two at the last game was to be made a fine of, why he could present the hull bar to the grand jury;' and so the matter dropped."

  When Mildmay returned to the gallery, he was accompanied by a negro girl about twenty years of age, whose drabbled homespun garments betrayed that she had but just left the wet grass of the cotton field.

  "Here's Mary," said he, to Mr. Speers; "you have seen her, and are willing to purchase her at the stipulated price of six hundred dollars?"

  Speers rolled his eyes over towards the girl, and examined her from head to foot, then getting up and whirling her round by a rough jerk of the shoulder, and stooping down and rubbing with his finger a perceptible scar on the calf of the girl's leg, he again seemed desirous to take a good look, and stood off, and put himself in an attitude

  "How come that scar on your leg?"

  "It's whar a dog bit me," said the girl, with perfect indifference. "Squire Hobby," said Speers, "look at that scratch there, and tell me if you believe that girl's lying."

  Hobby at once assumed his official face, and, stooping down, appeared to make a most critical inspection.

  "What do you think of it?" said Speers, finally growing impatient.

  "Why," said the learned justice, "it must have been made by a lash, and it mout have been made by a dog's bite, or a brier; I suspect it was the effect of an accident, as the girl says."

  "That's enough," said Speers, seeming to be relieved; "for you see," he continued, "I don't buy no scarred niggers; if I want any sich marks on my property, I'll make 'em myself."

  "You have decided positively not to sell this girl's husband to me?" said Graham.

  "Yes," said Speers, gruffly; "for you see, Mr. Mildmay, I don't know why I shouldn't own a good nigger as well as any body else."

  "Nor do I," said Mildmay, thoroughly annoyed; "I wish Mr. Speers you owned a hundred, if you desire to,—only I regret that I should have been the instrument of separating the wife from a negro, to whom you seem so much attached."

  Speers evidently felt mortified that he had spoken as he did, and in a milder voice he said,

  "What's the use of troubling ourselves whether this gal lives with Cooney or not; she can find husbands enough on Heritage Place."

  "Mary," said Mildmay, turning to the negro, "when I proposed to buy you, you said you were not married?"

  "So I did, master," said the girl moodily, "but if I hadn't told you so, Mr. Murritt would a' killed me after you went away."

  "Mr. Mildmay," said Speers, perfectly unconscious of the feelings agitating Graham's breast, "if you'd like to keep that gal, you needn't be afeared that Cooney will come on your premises after I tell him to keep away; I would like to own a nigger that would go whar I told him not to."

  "It is best not to tempt him so strongly to disobey you," said Mildmay.

  "Well, if Cooney disobeys me, it shan't be any trouble to you," said Speers, trying to be agreeable.

  "You see Mary," said Mildmay, turning to the girl, "that by being controlled, you deceived me; now you are at liberty to speak the truth: do you prefer to go with Mr. Speers, or stay with me?"

  "I want to be with Cooney," was the terse answer.

  "Very well," said Mildmay; "now go the quarters, gather up your clothes and bedding, and come to the shed of the blacksmith's shop in the front road."

  The girl replied, "Yes, sir," and walked away.

  Mildmay at once produced pen, ink, and paper, and with the assistance of Governor, they were with a table placed on the gallery; and Squire Hobby proceeded to his business of amanuensis.

  After examining the pen in every possible light, sticking the nib between his lips, turning round the paper, and in fact, going through much seemingly useless pantomime, he assumed a very grave face; and turning to Mildmay, said:

  "What's the girl's name?"

  "Mary."

  "Her age?"

  "About twenty."

  "Consideration?"

  "Six hundred dollars," said Speers.

  "Cash?" said the squire, scratching his nose with the feather end of the pen.

  "Cash," said Speers, pulling out a roll of bills and gold half eagles, and laying them down on the table.

  These questions and answers having been obtained, the squire set himself to work. Graham meanwhile went up into Annie's room, and informed her that her presence was necessary one moment to sign the bill of sale.

  The little wife was trembling and nervous, and it instantly attracted Mildmay's attention. "What can the matter be, Annie?" said he, tenderly putting his arm round her waist.

  "Nothing," said she, trying to look unconcerned; "but you know that I am not accustomed to the forms of

  "I fear so," said Graham, looking affectionately down into her face; "you confine yourself too much; let us get clear of this loquacious squire, and our plain, but I have no doubt worthy neighbor, Mr. Speers, and then for a ride down the road. 'Sunnyside' is getting as fat as a Christmas goose just for want of exercise."

  "A ride let it be," said Annie, with animation; and arm-and-arm they proceeded to the gallery.

  Meanwhile, Squire Hobby was intently busy on the longest word in the matter before him; and as he never could master that particular word without much trouble, he was working it out, by pronouncing aloud each letter as he went along; while Speers was intently watching progress,—he having great interest that every thing should be done right.

  "There's 'redhibitory' written out in full," said the squire, breathing freely, as if he had accomplished a gigantic task.

  "What does it mean?" asked Speers, gathering up all his money in his hand.

  "Why it means just this," said the squire, waving his pen around in a sort of flourish; "it means this: 'Redhibition, 'cording to the Code (art. 2497), means the avoidance of sale on account of some vice or defect of the thing sold, which renders its use absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it, had he known of the vice."

  "Does it mean all that 'ere?" said Speers, looking with a sort of awe upon Hobby.

  "It don't do any thing else," said the squire, really excited; "and there's many a lawyer as would charge you a double 'V' for not half that information."

  "Has Mary got any thing of the kind you have just been reading about?" continued Speers, putting back his money into his pocket.

  "Not as I knows on," said the squire, enjoying the triumph achieved by his legal knowledge; "for you see, Mr. Speers, the Code says:

  "'Nor can the buyer (art. 2498) institute the redhibitory action, on account of the latent defects, which the seller has declared to him before or at the time of the sale.'"

  "What does that mean?" said Speers, his ideas now nearly all aground.

  "Why," continued the squire, "the 'latent defects' of niggers and animals, 'cording to the Code (art. 2500), is divided into two classes; vices of body,—vices of character. The absolute vices of horses and mules is short wind and glanders; the absolute vices of niggers is leprosy, madness, and epilepsy. The vices of character which give rise to the redhibition of slaves is, that the slave has committed a capital crime, or is addicted to theft, or running away; and they ain't no vices of character for horses to set down in the Code (art. 2505), though I think stumbling, colic, and founder is in horses redhibitory defects."

  "But you don't mean to say," said Speers, now perfectly

  "I mean," said Squire Hobby, endeavoring to imitate his ideal standard of judicial dignity, "that if this nigger Mary has any of them 'ere things, and you find it out afore it is too late, just because I tuck that 'ere word redhibitory down where it is, it gives you your money back,—and that's what I mean;" and the squire intended to have laid back in his chair, as if deeply fatigued under his official importance, when his eye caught sight of Mildmay and Annie coming toward them.

  The delicate sylph-like beauty of Annie attracted both these individuals; and their admiration, involuntarily expressed, could not be less than complimentary—it was so sincere. Annie took her seat near the table, and after a few moments' pause, Squire Hobby went on, and completed his labor.

  The moment that Mildmay saw the paper was drawn up, he proposed at once to close the transaction, pleading, as a reason for his haste, pressing engagements upon his time. This would have been done, but for the squire's vanity; his quotations from the Code had thrown Speers into a profound confusion, and he stated that before the paper was signed, and the money paid, that he must go out and take another look at Mary,—which he did, and not finding visible to his eyes any thing as alarming as the law terms he had heard, he signified his willingness to go on, by again producing his gold and bills.

  After considerable time, six piles of money, of one hundred

  The squire inwardly congratulated himself upon the opportunity he had of displaying his varied talents before Annie, and in an unusually loud voice, even for him, began to read as follows:

  "Beechland, June 15th, 18—. Know all men by these presents, that I, Graham Mildmay, of the first part, do by these presents, grant, bargain, sell and convey to Mr. Joseph William Speers, of the second part, a certain negro girl named Mary La Tour, aged about twenty years, of dark and nearly black color, no distinguishing marks of form, scars, or peculiarities remembered—"

  "There is a dog bite on the calf of her leg," said Speers, turning perfectly red with astonishment, as he raised his eyes and saw Annie looking on with surprise, for Speers was so intent with the purchase, that the reading of the bill for the moment banished every thing else from his mind.

  "It's a mere form," said the squire, gesticulating with his hand, "mere form, Mr. Speers."

  "And more verbose than positively necessary, is it not?" said Mildmay, exceedingly vexed that Annie had to be compelled to be present.

  "Not at all," said the squire. I copied this form from Col. Lee's document, when he sold Tom Jefferson, or Jeff as he was called, and it is admitted that Lee is the best lawyer, being from Virginia, to make tight papers in

  "Well, go on," said Mildmay very impatiently; and as if to protect Annie from further rude remarks, he put his arm around her chair.

  "Where was I?" said the squire, taking up the paper before him: "Oh—ah—I know," and he went on as follows:

  "No distinguishing marks of form, scars, or particulars remembered; said girl, Mary La Tour, being sold for the sum of six hundred dollars, lawful money of the United States, cash in hand paid, and hereby acknowledged by the party of the first part, Graham Mildmay, Esq. The said girl, Mary La Tour, being fully warranted from all redhibitory defects, sound in body and mind, and the title guarantees, against all others for ever, the said Mary La Tour as a slave for life."

  Annie, who had listened to all the proceedings with mechanical attention, now arose, as Graham, taking the pen in his hand, signified that the title deed was complete. He then dashed his name across the paper, placed the pen in Annie's hand, and pointed where she should place her name.

  "Is this positively necessary?" said she, looking earnestly at Graham. "Most certainly," said Squire Hobby, "you see, madam, your paraphernal rights would otherwise vitiate the title."

  "And break the trade," chimed in Spears.

  Annie took up the pen, and her usually delicate and

  The duty performed, Mildmay accompanied Annie to the entrance of the great hall where stood Clemmy; and leaving her with the faithful servant, Mildmay returned,—took up the money still lying on the table, and crushing it together in his hand, without counting it, much to the astonishment of Speers, gave it to the Governor, and told him to place it in the escritoire, and get some fresh water and the decanters, as he presumed the gentlemen were thirsty.

  There ceremony of drinking having gone through with, Mildmay paid Esq. Hobby for his services, walked down to the front gate, waited until both gentlemen had mounted, and bidding them good day, returned rapidly to the house.

  Speers and Hobby rode along a rod or two, when they came up to Mary, who was sitting in a listless attitude on the stump of a fallen tree, her bundle beside her.

  "Here's your owner," said Hobby, thus giving the introduction, "and a good master he will be too," continued he, the politician never deserting him.

  Mary looked up, and shouldering her bundle, quietly asked, "Master, which way must I go?"

  "Cross the bayou beyond here, at the old ruined gin-house," said Speers, pointing down the road with his heavy whip, "go through the woods and you will see Cooney with

  "Yes, master," said Mary, and then she glibly marched away, while Speers and Hobby rode toward Beechland.