Part 23

"God bless my soul!" exclaimed the judge in genuine surprise at this answer; "and you want to be a lawyer!" The situation was so much worse than he had suspected that even an old practitioner, case-hardened by years of life at the trial table and on the bench, was startled for a moment into a comical sort of consternation, so apparent that a lad less stout-hearted would have weakened and fled at the sight of it.

"Yes, sir. Why not?" responded the boy, trembling a little at the knees, but stoutly holding his ground.

"He wants to be a lawyer, and he asks me why not!" muttered the judge, speaking apparently to himself. He rose from his chair, walked across the room, and threw open a window. The cool morning air brought with it the babbling of the stream below and the murmur of the mill near by. He glanced across the creek to the ruined foundation of an old house on the low ground beyond the creek. Turning from the window, he looked back at the boy, who had remained standing between him and the door. At that moment another lad came along the street and stopped opposite the open doorway. The presence of the two boys in connection with the book he had been reading suggested a comparison. The judge knew the lad outside as the son of a leading merchant of the town. The merchant and his wife were both of old families which had lived in the community for several generations, and whose blood was presumably of the purest strain; yet the boy was sallow, with amorphous features, thin shanks, and stooping shoulders. The youth standing in the judge's office, on the contrary, was straight, shapely, and well-grown. His eye was clear, and he kept it fixed on the old gentleman with a look in which there was nothing of cringing. He was no darker than many a white boy bronzed by the Southern sun; his hair and eyes were black, and his features of the high-bred, clean-cut order that marks the patrician type the world over. What struck the judge most forcibly, however, was the lad's resemblance to an old friend and companion and client. He recalled a certain conversation with this old friend, who had said to him one day:

"Archie, I'm coming in to have you draw my will. There are some children for whom I would like to make ample provision. I can't give them anything else, but money will make them free of the world."

The judge's friend had died suddenly before carrying out this good intention. The judge had taken occasion to suggest the existence of these children, and their father's intentions concerning them, to the distant relatives who had inherited his friend's large estate. They had chosen to take offense at the suggestion. One had thought it in shocking bad taste; another considered any mention of such a subject an insult to his cousin's memory. A third had said, with flashing eyes, that the woman and her children had already robbed the estate of enough; that it was a pity the little niggers were not slaves--that they would have added measurably to the value of the property. Judge Straight's manner indicated some disapproval of their attitude, and the settlement of the estate was placed in other hands than his. Now, this son, with his father's face and his father's voice, stood before his father's friend, demanding entrance to the golden gate of opportunity, which society barred to all who bore the blood of the despised race.

As he kept on looking at the boy, who began at length to grow somewhat embarrassed under this keen scrutiny, the judge's mind reverted to certain laws and judicial decisions that he had looked up once or twice in his lifetime. Even the law, the instrument by which tyranny riveted the chains upon its victims, had revolted now and then against the senseless and unnatural prejudice by which a race ascribing its superiority to right of blood permitted a mere suspicion of servile blood to outweigh a vast preponderance of its own.

"Why, indeed, should he not be a lawyer, or anything else that a man might be, if it be in him?" asked the judge, speaking rather to himself than to the boy. "Sit down," he ordered, pointing to a chair on the other side of the room. That he should ask a colored lad to be seated in his presence was of itself enough to stamp the judge as eccentric. "You want to be a lawyer," he went on, adjusting his spectacles. "You are aware, of course, that you are a negro?"

"I am white," replied the lad, turning back his sleeve and holding out his arm, "and I am free, as all my people were before me."

The old lawyer shook his head, and fixed his eyes upon the lad with a slightly quizzical smile. "You are black." he said, "and you are not free. You cannot travel without your papers; you cannot secure accommodations at an inn; you could not vote, if you were of age; you cannot be out after nine o'clock without a permit. If a white man struck you, you could not return the blow, and you could not testify against him in a court of justice. You are black, my lad, and you are not free. Did you ever hear of the Dred Scott decision, delivered by the great, wise, and learned Judge Taney?"

"No, sir," answered the boy.

"It is too long to read," rejoined the judge, taking up the pamphlet he had laid down upon the lad's entrance, "but it says in substance, as quoted by this author, that negroes are beings 'of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; in fact, so inferior that they have no rights which the white man is bound to respect, and that the negro may justly and lawfully be reduced to slavery for his benefit.' That is the law of this nation, and that is the reason why you cannot be a lawyer."

"It may all be true," replied the boy, "but it don't apply to me. It says 'the negro.' A negro is black; I am white, and not black."

"Black as ink, my lad," returned the lawyer, shaking his head. "'One touch of nature makes the whole world kin,' says the poet. Somewhere, sometime, you had a black ancestor. One drop of black blood makes the whole man black."

"Why shouldn't it be the other way, if the white blood is so much superior?" inquired the lad.

"Because it is more convenient as it is--and more profitable."

"It is not right," maintained the lad.

"God bless me!" exclaimed the old gentleman, "he is invading the field of ethics! He will be questioning the righteousness of slavery next! I'm afraid you wouldn't make a good lawyer, in any event. Lawyers go by the laws--they abide by the accomplished fact; to them, whatever is, is right. The laws do not permit men of color to practice law, and public sentiment would not allow one of them to study it."

"I had thought," said the lad, "that I might pass for white. There are white people darker than I am."

"Ah, well, that is another matter; but"--

The judge stopped for a moment, struck by the absurdity of his arguing such a question with a mulatto boy. He really must be falling into premature dotage. The proper thing would be to rebuke the lad for his presumption and advise him to learn to take care of horses, or make boots, or lay bricks. But again he saw his old friend in the lad's face, and again he looked in vain for any sign of negro blood. The least earmark would have turned the scale, but he could not find it.

"That is another matter," he repeated. "Here you have started as black, and must remain so. But if you wish to move away, and sink your past into oblivion, the case might be different. Let us see what the law is; you might not need it if you went far enough, but it is well enough to be within it--liberty is sweeter when founded securely on the law."

He took down a volume bound in legal calf and glanced through it. "The color line is drawn in North Carolina at four generations removed from the negro; there have been judicial decisions to that effect. I imagine that would cover your case. But let us see what South Carolina may say about it," he continued, taking another book. "I think the law is even more liberal there. Ah, this is the place:--

"'The term mulatto,'" he read, "'is not invariably applicable to every admixture of African blood with the European, nor is one having all the features of a white to be ranked with the degraded class designated by the laws of this State as persons of color, because of some remote taint of the negro race. Juries would probably be justified in holding a person to be white in whom the admixture of African blood did not exceed one eighth. And even where color or feature are doubtful, it is a question for the jury to decide by reputation, by reception into society, and by their exercise of the privileges of the white man, as well as by admixture of blood.'"

"Then I need not be black?" the boy cried, with sparkling eyes.

"No," replied the lawyer, "you need not be black, away from Patesville. You have the somewhat unusual privilege, it seems, of choosing between two races, and if you are a lad of spirit, as I think you are, it will not take you long to make your choice. As you have all the features of a white man, you would, at least in South Carolina, have simply to assume the place and exercise the privileges of a white man. You might, of course, do the same thing anywhere, as long as no one knew your origin. But the matter has been adjudicated there in several cases, and on the whole I think South Carolina is the place for you. They're more liberal there, perhaps because they have many more blacks than whites, and would like to lessen the disproportion."

"From this time on," said the boy, "I am white."

"Softly, softly, my Caucasian fellow citizen," returned the judge, chuckling with quiet amusement. "You are white in the abstract, before the law. You may cherish the fact in secret, but I would not advise you to proclaim it openly just yet. You must wait until you go away--to South Carolina."

"And can I learn to be a lawyer, sir?" asked the lad.