The point in question at present, and which they must get over, in order to prove the property, is made more difficult by the doubt in which the origin of Clotilda has always been involved. Many are the surmises about her parentage-many are the assertions that she is not of negro extraction—she has no one feature indicating it—but no one can positively assert where she came from; in a word, no one dare! Hence is constituted the ground for fearing the issue of Marston’s notice of freedom.
“Well! I’ll own it puzzles my cunnin’; there’s a way to get round it-there is-but deuced if ’tain’t too much for my noddle,” Romescos interposes, taking a little more whiskey, and seeming quite indifferent about the whole affair. “Suppose-Marston-comes-forward! yes, and brings somebody to swear as a kind a’ sideways? That’ll be a poser in asserting their freedom; it’ll saddle you creditors with the burden of proof. There’ll be the rub; and ye can’t plead a right to enjoin the schedule he files in bankruptcy unless ye show how they were purchased by him. Perchance on some legal uncertainty it might be done,—by your producing proof that he had made an admission, anterior to the levy, of their being purchased by him,” Romescos continues, very wisely appealing to his learned and constitutional friend, Mr. Scranton, who yields his assent by adding that the remarks are very legal, and contain truths worth considering, inasmuch as they involve great principles of popular government. “I think our worthy friend has a clear idea of the points,” Mr. Scranton concludes.