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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
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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 slavesthat 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
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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 isand 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 lawsthey 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
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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 itliberty 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 spiri