When this letter comes to you, I shall have passed to—the Beyond; but I am confident that you will accept this trust, for which I thank you now, in advance, most heartily.
The letter was signed with her father’s name, the same signature which had been attached to the will.
Having firmly convinced herself of the illegality of the papers, and of her own right to destroy them, Mrs. Carteret ought to have felt relieved that she had thus removed all traces of her dead father’s folly. True, the other daughter remained—she had seen her on the street only the day before. The sight of this person she had always found offensive, and now, she felt, in view of what she had just learned, it must be even more so. Never, while this woman lived in the town, would she be able to throw the veil of forgetfulness over this blot upon her father’s memory.
As the day wore on, Mrs. Carteret grew still less at ease. To herself, marriage was a serious thing—to a right-thinking woman the most serious concern of life. A marriage certificate, rightfully procured, was scarcely less solemn, so far as it went, than the Bible itself. Her own she cherished as the apple of her eye. It was the evidence of her wifehood, the seal of her child’s legitimacy, her patent of nobility—the token of her own and her child’s claim to social place and consideration. She had burned this pretended marriage certificate because it meant nothing. Nevertheless, she could not ignore the knowledge of another such marriage, of which everyone in the town knew—a celebrated case, indeed, where a white man, of a family quite as prominent as her father’s, had married a colored woman during the military occupation of the state just after the civil war. The legality of the marriage had never been questioned. It had been fully consummated by twenty years of subsequent cohabitation. No amount of social persecution had ever shaken the position of the husband. With an iron will he had stayed on in the town, a living protest against the established customs of the South, so rudely interrupted for a few short years; and, though his children were negroes, though he had never appeared in public with his wife, no one had ever questioned the validity of his marriage or the legitimacy of his offspring.
The marriage certificate which Mrs. Carteret had burned dated from the period of the military occupation. Hence Mrs. Carteret, who was a good woman, and would not have done a dishonest thing, felt decidedly uncomfortable. She had destroyed the marriage certificate, but its ghost still haunted her.
Major Carteret, having just eaten a good dinner, was in a very agreeable humor when, that same evening, his wife brought up again the subject of their previous discussion.
“Phil,” she asked, “Aunt Polly told me that once, long before my father died, when she went to remonstrate with him for keeping that Woman in the house, he threatened to marry Julia if Aunt Polly ever said another word to him about the matter. Suppose he had married her, and had then left a will—would the marriage have made any difference, so far as the will was concerned?”
Major Carteret laughed. “Your Aunt Polly,” he said, “was a remarkable woman, with a wonderful imagination, which seems to have grown more vivid as her memory and judgment weakened. Why should your father marry his negro housemaid? Mr. Merkell was never rated as a fool—he had one of the clearest heads in Wellington. I saw him only a day or two before he died, and I could swear before any court in Christendom that he was of sound mind and memory to the last. These notions of your aunt were mere delusions. Your father was never capable of such a folly.”
“Of course I am only supposing a case,” returned Olivia. “Imagining such a case, just for the argument, would the marriage have been legal?”
“That would depend. If he had married her during the military occupation, or over in South Carolina, the marriage would have been legally valid, though morally and socially outrageous.”
“And if he had died afterwards, leaving a will?”
“The will would have controlled the disposition of his estate, in all probability.”
“Suppose he had left no will?”
“You are getting the matter down pretty fine, my dear! The woman would have taken one third of the real estate for life, and could have lived in the homestead until she died. She would also have had half the other property—the money and goods and furniture, everything except the land—and the negro child would have shared with you the balance of the estate. That, I believe, is according to the law of descent and distribution.”
Mrs. Carteret lapsed into a troubled silence. Her father had married the woman. In her heart she had no doubt of the validity of the marriage, so far as the law was concerned; if one marriage of such a kind would stand, another contracted under similar conditions was equally as good. If the marriage had been valid, Julia’s child had been legitimate. The will she had burned gave this sister of hers—she shuddered at the word—but a small part of the estate. Under the law, which intervened now that there was no will, the property should have been equally divided. If the woman had been white—but the woman had not been white, and the same rule of moral conduct did not, could not, in the very nature of things, apply, as between white people! For, if this were not so, slavery had been, not merely an economic mistake, but a great crime against humanity. If it had been such a crime, as for a moment she dimly perceived it might have been, then through the long centuries there had been piled up a catalogue of wrong and outrage which, if the law of compensation be a law of nature, must some time, somewhere, in
