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 Iwould 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.
"It seems to me that you ought to be reasonably content for one day with what you have learned already. You cannot be a lawyer until you are white, in position as well as in theory, nor until you are twenty-one years old. I need an office boy. If you are willing to come into my office, sweep it, keep my books dusted, and stay here when I am out, I do not care. To the rest of the town you will be my servant, and still a negro. If you choose to read my books when no one is about and be white in your own private opinion, I have no objection. When you have made up your mind to go away, perhaps what you have read may help you. But mum 's the word!
If I hear a whisper of this from any other source, out you go, neck and crop! I am willing to help you make a man of yourself, but it can only be done under the rose."For two years John Walden openly swept the office and surreptitiously read the law books of old Judge Straight. When he was eighteen, he asked his mother for a sum of money, kissed her good-by, and went out into the world. When his sister, then a pretty child of seven, cried because her big brother was going away, he took her up in his arms, gave her a silver dime with a hole in it for a keepsake, hugged her close, and kissed her.
