Chariot on the Mountain

by Jack Ford

  “What does this mean?” a puzzled Kitty asked Turner as Mary and Fanny joined them, circling the table.

  “It means that the final decision will be made by the judge. So no one has been declared the winner yet . . . ,” Turner began.

  “I understand that part,” Kitty said. “But what did they mean when they said that if I win, the damages would be only one cent?”

  “That is the difficult part,” admitted Turner. “They have decided that even if the case is decided in your favor . . . you should receive only one cent in damages.”

  “But how can that be?” asked Kitty, clearly confused and distressed. “If the court agrees that Sam did all those things—the beatings, the kidnapping—and that I was free at the time, how can the damages be only one cent?”

  There was a painful silence.

  Finally, Mary spoke. “Because, whether you’re free or not, you’re still not white,” she said angrily.

  Kitty looked from Mary back to Turner. “Is that right?” Kitty asked grimly.

  “I’m afraid so,” Turner said, shaking his head forlornly. “I suspect that at least some members of the jury were sympathetic to you, while others were surely opposed to allowing a slave—even a former slave—to win a court case against a white man. Even a man as distasteful as Sam Maddox. My guess is they struck some kind of a compromise—let the judge decide the matter but ensure that a message would still be sent in the event that he ruled in your favor. And that way, if you win, nobody will be able to criticize them, to suggest that they betrayed their own kind. A clever evasion, actually, but a message sent regardless of the outcome.”

  “And that message is that even if you are free, you still can’t escape the color of your skin?” asked Kitty bitterly.

  “I’m afraid so,” said Turner.

  CHAPTER 69

  AN IMMEDIATE HUSH FELL OVER THE COURTROOM WHEN JUDGE Field returned to the bench just minutes later. The parties, spectators, and even the jurors, who had resumed their seats, now appeared nearly paralyzed by an overwhelming surge of tension and uncertainty.

  “As a consequence of the request by this jury,” the judge began, with a nod toward the jurors, all of whom returned his gesture, “I am prepared to render the court’s opinion in this matter.” He paused for a moment as he looked down at his notes, and then began to read. “The bequest contained in the will of Samuel Maddox in favor of his wife gave to her, and to her alone, a legal right to emancipate her slaves—”

  His reading was interrupted by a groan from the audience and the sound of Sam Maddox slamming his fist furiously against the counsel table.

  “The next person to offer a noise of any kind will find himself spending time in the county jail,” the judge said angrily, his gaze sweeping the entire room and landing on Sam Maddox. “I urge you not to try the court’s patience.”

  After a tense moment, he returned to the reading of his opinion. “Or to make any valid disposition which she might choose to make of the whole estate, real or personal. But in reference to the personal estate of the testator, including all slaves, Mistress Maddox did not actually acquire the legal right thereto until she, as the executrix, formally assented to, and accepted, her role and responsibility. In this case, for some unknown reason, that assent was never formally declared by her and entered as a part of the estate record. As a result, Mistress Maddox did not yet actually have the authority to dispose of any estate assets, including the slaves in question, when she took them out of Virginia and into Pennsylvania.

  “The plaintiffs—Miss Kitty and her children—claim a right to freedom. However, in order to proceed in a court of law, they must first show a good subsisting legal title to freedom. If they cannot show that freedom at the outset, they have no legal capacity to sue another person in a court of law such as this.

  “The plaintiffs claim their freedom based upon two arguments. The first is under a deed of emancipation executed by Mistress Maddox as the executrix of her late husband’s will. However, as I have previously explained, Mistress Maddox, despite being named as the executrix, had not yet received the formal appointment to that position that would have allowed her to execute that document and effect their freedom. Therefore, the plaintiffs’ claim to freedom cannot be recognized on this ground.

  “They also claim their right to freedom under the laws of Pennsylvania, based upon the fact that they were settled there by Mistress Maddox after having left Virginia and thus were deemed free according to that state’s laws. However, this court does not believe it is necessary for it to enquire into how the relation of master and slave might be affected by the laws of another state if such slaves were carried into another state whose law does not recognize that relationship. That is not necessary for this court, since, as explained previously, the removal of the plaintiffs to Pennsylvania by Mistress Maddox was, unbeknownst to her, an illegal act, since she did not yet possess the authority to do so. Accordingly, since the plaintiffs had not been legally transported within the borders of Pennsylvania, that state’s laws would provide no recognizable basis for their claim to freedom.

  “For these reasons, the court finds itself constrained to declare that the plaintiffs are not, in fact, free and thus have no standing to sue in this court. As a result, the verdict of this court must be in favor of the defendant.”

  CHAPTER 70

  AS SOON AS THE JUDGE HAD CONCLUDED THE READING OF HIS VERDICT, the courtroom erupted, mostly in jubilation. Sam Maddox sprang to his feet, his fist thrust in the air in triumph, and within seconds he was surrounded by friends and supporters, who were shaking his hand and pummeling his back joyously, while others shouted their pleasure over the verdict.

  A handful of the spectators sat in stunned silence, while a very few offered cries of protest. In the gallery, the tiny enclave of blacks simply hung their heads. Inside the well of the courtroom, Kitty sat completely still, hands folded on the table, her chin held high, staring silently and stoically at the seal of the Commonwealth of Virginia hanging from the wall. Still seated behind her, Mary had her hands covering her face in dismay, while Fanny merely shook her head in shocked disbelief.

  Judge Field, surprisingly, allowed the commotion to continue for a few minutes before he began to gavel the court into silence. It took several moments of powerful hammering on the bench before order was restored.

  “Please resume your seats. Court is still in session,” the judge commanded, striking his gavel once more. Finally, as the room settled down, he continued. “There are two matters remaining that I must dispose of before this court is adjourned,” he announced with a stern glare. “And I expect that all of you will behave properly until I am finished.”

  Once again, he looked down at his notes, retrieved a single sheet and placed it before him, then took a brief glance at it before resuming.

  “As I have indicated in my opinion, Mistress Maddox, although clearly vested with the sole authority to dispose of her late husband’s estate, had not completed the legal process necessary for her to function as the executrix of the will. As a consequence, she did not, at that time, possess the authority to emancipate her slaves. However, the court has concluded that her failure to complete the necessary legal process was a simple technicality—a mere inadvertence—on her part.”

  A puzzled murmuring began to ripple through the courtroom. The judge slammed his gavel once more, calling for silence.

  “Therefore, the court will issue the following directions. Mr. Turner,” the judge said, speaking directly to the lawyer, “I would ask that you prepare for her signature the necessary document to reflect Mistress Maddox’s assent to function as the executrix. Since the will expressly provides that no bond shall be required of her to act as executrix, I will then direct that the court clerk accept and file that assent immediately.” The judge paused and nodded at the clerk. “And by ‘immediately,’ I mean today.”

  The soft puzzled murmuring had now become more of a distinct humming as the spectators struggled to
understand what was happening. Kitty had shifted her frozen gaze away from the official seal on the wall and was now staring at Judge Field, wondering also exactly what this surprising proclamation actually meant.

  The judge’s firm glare swept across the courtroom and lingered for just a moment on Sam Maddox before coming to rest on a perplexed Kitty. “The court will also direct,” he continued, “that upon the execution and filing of the assent, Mistress Maddox, as the now official executrix of the will, shall, if she chooses”—he paused a beat as he shifted his gaze to Mary—“as I assume she will, be allowed to immediately execute a deed of manumission.” He paused dramatically before resuming. “That deed shall be filed today with the court, thus freeing Miss Kitty and her children—effective today.”

  The courtroom was shrouded in a crushing, bewildered silence for a few seconds. Then, as a stunned comprehension set in, there was yet another eruption of sound, this time a reversal of the noise that had pulsed through this same chamber just minutes earlier. A chorus of boos and angry shouts ricocheted off the walls, while the collection of Kitty’s supporters cried out in joy.

  At the counsel table, Kitty folded her hands prayer-like in front of her face and closed her eyes, her face oddly serene, given the pandemonium surrounding her. Slowly, she raised her still folded hands to the sky. And then she began to cry, large, joyful tears, which somehow found an escape through her shuttered eyes and streamed jubilantly down her face.

  Seated beside Kitty, Zephania Turner, his face creased in a satisfied smile, placed his arm gently around her in congratulations. Behind them, Mary and Fanny embraced as Mary whispered, “Thank you . . . for everything!” in Fanny’s ear.

  Across from Kitty and Turner, Sam Maddox sat immobile as his bafflement was replaced first by astonishment and then by a blinding rage. Shooting to his feet, with Strother tugging on his arm in a futile attempt to control him, he pointed his finger at the judge.

  “You can’t do that!” he screamed. “I won! You just said I won! And now you’re settin’ her free? That ain’t right!”

  Judge Field, who had remained on the bench, his face an emotionless mask, while the chorus of discordant cries had echoed throughout the courtroom, now slammed his gavel one more time. The room reluctantly quieted down, a harsh, resentful silence replacing the angry protest, as Maddox remained defiantly standing, his finger still boldly thrust out at the judge.

  “Mr. Maddox,” Judge Field began stonily, fixing an icy glare on Sam Maddox, “you are mistaken when you say this ‘ain’t right.’ It is indeed right—because I have ruled that it is right. And I would caution you concerning your conduct. Unless, of course, you would prefer to be led out of this courtroom in handcuffs. Now, I’d strongly suggest that you be seated immediately.”

  Sam Maddox remained standing for one last, brief rebellious moment before he allowed Strother to tug him back into his seat.

  “There is, then, one final matter to be attended to,” the judge said as he continued to glare at Maddox. “Mr. Maddox, since the court has ruled in your favor, finding itself constrained to dismiss the claims against you for the reasons stated previously, it is now incumbent upon you, by court rule, since you had refused to post the bond to ensure the plaintiffs’ presence at trial”—the judge engaged in a brief dramatic pause—“to attend to the costs incurred by the county due to that refusal. You are hereby ordered to reimburse the county for the costs of housing the plaintiffs in the county jail during the course of these proceedings.”

  There was a gasp of surprise throughout the courtroom as Maddox slammed both of his clenched fists on the table, barely suppressing his fury.

  “I am informed by the jailer,” the judge continued, ignoring the outburst in the court and Maddox’s conduct, “that the total owed by you to the county is $138.45. I shall direct the sheriff to make arrangements with you for the prompt payment of that sum.” He looked away from Maddox and scanned the courtroom magisterially. “If there are no other matters to be resolved, this court is now adjourned,” the judge proclaimed, providing one last symbolic strike of his gavel.

  As Judge Field gathered up the documents and law books from his bench, he glanced momentarily at Kitty. The barest hint of a smile crossed his face as he inclined his head briefly toward her. Then he turned, briskly left the bench, and disappeared into his chambers.

  EPILOGUE

  THE SOUNDS OF A NEGRO SPIRITUAL FLOATED THROUGH THE TREES, the words uplifting, the melody deep and rich, the voices rejoicing in the evocative hopes and dreams of a better time and place. Kitty sat on a stump in the center of the slave cabins on the Maddox farm, surrounded by her children, Ol’ Joshua, Young Joshua, and the other slaves. It was a cool, bright Sunday morning, and the slaves had congregated, as they almost always did, for their weekly spiritual gathering. Their cathedral was the yard, with its glorious canopy of foliage, just now starting to reveal hints of the colorful changes of the approaching autumn; Ol’ Joshua was their pastoral leader, a position bestowed throughout the generations upon the oldest and wisest among the enslaved community.

  Four days had passed since the trial, and much had happened. As soon as court had adjourned, Zephania Turner had raced across the street to his office and swiftly prepared the necessary documents. Once he had obtained Mary’s signatures—and the signatures of Fanny and himself as witnesses—he sprinted back to the courthouse and delivered the papers to the court clerk. By sundown, Kitty and her children were free.

  The first night of her freedom, sitting in Mary’s front room, Kitty had grudgingly decided that she would leave Virginia and return to Pennsylvania, a decision dictated in part by the fact that Virginia, although it allowed for the emancipation of slaves, required that freed slaves permanently leave the state within six months of their emancipation. Mary had reluctantly agreed, expressing her concern that Kitty would never be safe in Virginia as long as Sam Maddox was still around.

  The plan was for Kitty and the children to depart on Sunday. This time, they would be traveling on foot, an arduous journey that could take many weeks. Charley Myers and John Wright, who had remained in Washington until the conclusion of the trial, had offered to alert those friends along the Underground Railroad route, on their journey back home, that Kitty and the children would be traveling through again soon and would once more need their help.

  Now, as the last notes of the mournful anthem faded away on this Sunday morning, Kitty reached across and clasped Ol’ Joshua’s hand. They had shared their tearful good-byes earlier, agreeing that it would be easier for her and the children if they left during the gathering. Ol’ Joshua merely nodded his head, the kind smile spreading across his wizened face betrayed by the deep sadness in his eyes. Kitty scooped up the children and quietly slipped away toward the farmhouse.

  Mary was waiting by the front porch. Several bags were sitting on the steps, along with a large basket of food and drink.

  “I wanted you to know something . . . before you left,” Mary said.

  Kitty looked at her quizzically.

  “I’ve decided to free the rest of them . . . all the slaves,” Mary said.

  “Why?” asked a puzzled Kitty.

  “Not really sure,” Mary answered pensively. “Just seems like the right thing to do.”

  “But what’ll happen to them? To Ol’ Joshua?” Kitty asked.

  “I’ll help get ’em all situated. Sure they’ll all be fine,” said Mary.

  “But Ol’ Joshua . . . ,” Kitty began.

  Mary held up her hand. “I’ve already told him—” she began.

  “He knows?” Kitty interrupted.

  “Told him early this morning. I suggested that he be the one to tell you about it, but he insisted that I tell you,” Mary said, shrugging.

  “But then he’ll have to leave Virginia, too. Where’ll he go at his age?” Kitty protested.

  “He and I got that settled,” Mary assured her with a smile. “He wants to stay on here—and Lord knows I’ll be happy to ha
ve him. Said he doesn’t know any other home. But he asked that I sign his emancipation papers, anyway—but don’t file them. Instead, give ’em to him to keep. Said it’ll be enough for him just to know he’s free if he wants to be.”

  Kitty tried to speak but found herself choked up.

  “All right, then, time to get a move on,” Mary announced to the waiting children, turning away from Kitty.

  The children scrambled around her and latched onto her skirt. Mary bent down and hugged each one in turn, a long, lingering squeeze followed by a kiss on the forehead. Then she turned to Kitty.

  “Don’t expect we’ll be seein’ each other again—least not on this side of heaven,” said Kitty.

  “Don’t expect so,” agreed Mary. “Think I’m too old to ever again be makin’ that trip we made. And it’s not safe for you to come back here.”

  “But I want you to know,” Kitty said, her eyes welling up with tears, “that when I get there—up to heaven—I’ll come lookin’ for you. I’ll ask the Good Lord to point me in the direction of my other mama.”

  Mary now was the one who struggled to speak, her voice strangled by emotion. “I’ll be waitin’ for you,” she finally said in a bare whisper.

  They stood looking at each other for a long moment, tears now cascading freely down their faces. Then Kitty reached out and wrapped her arms around Mary. They held each other tightly, rocking gently, knowing that it was both the first time and the last time that they would ever embrace.

  Finally, Mary released her grip and held Kitty at arm’s length.

  “Time for you to be movin’ on,” Mary said, her voice cracking. “Got a ways to go before the sun sets.”

  Kitty sniffled as she wiped the tears from her cheeks with the sleeve of her dress. “Should be interestin’ to see what the journey looks like . . . this time in broad daylight,” Kitty said wryly.

  After shouldering her bags and settling the basket on her arm, Kitty gathered up the children and turned back one last time to Mary, offering her a wide, sad smile. Then they began to walk.