CHAPTER V.

NUNC PRO TUNC.

The first step in the progress from the prison-house of bondage

to the citadel of liberty was a strange one. The war was over. The

struggle for autonomy and the inviolability of slavery, on the part

of the South, was ended, and fate had decided against them. With

this arbitrament of war fell also the institution which had been

its cause. Slavery was abolished--by proclamation, by national

enactment, by constitutional amendment--ay, by the sterner logic

which forbade a nation to place shackles again upon hands which

had been raised in her defence, which had fought for her life and

at her request. So the slave was a slave no more. No other man

could claim his service or restrain his volition. He might go or

come, work or play, so far as his late master was concerned.

But that was all. He could not contract, testify, marry or give

in marriage. He had neither property, knowledge, right, or power.

The whole four millions did not possess that number of dollars

or of dollars' worth. Whatever they had acquired in slavery was

the master's, unless he had expressly made himself a trustee for

their benefit. Regarded from the legal standpoint it was, indeed,

a strange position in which they were. A race despised, degraded,

penniless, ignorant, houseless, homeless, fatherless, childless,

nameless. Husband or wife there was not one in four millions.

Not a child might call upon a father for aid, and no man of them

all might lift his hand in a daughter's defence. Uncle and aunt

and cousin, home, family--none of these words had any place in

the freedman's vocabulary. Right he had, in the abstract; in the

concrete, none. Justice would not hear his voice. The law was still

color-blinded by the past.

The fruit of slavery--its first ripe harvest, gathered with swords

and bloody bayonets, was before the nation which looked ignorantly

on the fruits of the deliverance it had wrought. The North did not

comprehend its work; the South could not comprehend its fate. The

unbound slave looked to the future in dull, wondering hope.

The first step in advance was taken neither by the nation nor by the

freedmen. It was prompted by the voice of conscience, long hushed

and hidden in the master's breast. It was the protest of Christianity

and morality against that which it had witnessed with complacency

for many a generation. All at once it was perceived to be a great

enormity that four millions of Christian people, in a Christian

land, should dwell together without marriage rite or family tie.

While they were slaves, the fact that they might be bought and sold

had hidden this evil from the eye of morality, which had looked

unabashed upon the unlicensed freedom of the quarters and the

enormities of the barracoon. Now all at once it was shocked beyond

expression at the domestic relations of the freedmen.

So they made haste in the first legislative assemblies that met in

the various States, after the turmoil of war had ceased, to provide

and enact:

I. That all those who had sustained to each other the relation of

husband and wife in the days of slavery, might, upon application

to an officer named in each county, be registered as such husband

and wife.

2. That all who did not so register within a certain time should

be liable to indictment, if the relation continued thereafter.

3. That the effect of such registration should be to constitute such

parties husband and wife, as of the date of their first assumption

of marital relations.

4. That for every such couple registered the officer should be

entitled to receive the sum of one half-dollar from the parties

registered.

There was a grim humor about this marriage of a race by wholesale,

millions at a time, and _nunc pro tunc;_ but especially quaint

was the idea of requiring each freed-man, who had just been torn,

as it were naked, from the master's arms, to pay a snug fee for

the simple privilege of entering upon that relation which the law

had rigorously withheld from him until that moment. It was a strange

remedy for a long-hidden and stubbornly denied disease, and many

strange scenes were enacted in accordance with the provisions of

this statute. Many an aged couple, whose children had been lost in

the obscure abysses of slavery, or had gone before them into the

spirit land, old and feeble and gray-haired, wrought with patience

day after day to earn at once their living and the money for this

fee, and when they had procured it walked a score of miles in order

that they might be "registered," and, for the brief period that

remained to them of life, know that the law had sanctioned the

relation which years of love and suffering had sanctified. It was

the first act of freedom, the first step of legal recognition or

manly responsibility! It was a proud hour and a proud fact for the

race which had so long been bowed in thralldom and forbidden even

the most common though the holiest of God's ordinances. What the

law had taken little by little, as the science of Christian slavery

grew up under the brutality of our legal progress, the law returned

in bulk. It was the first seal which was put on the slave's

manhood--the first step upward from the brutishness of another's

possession to the glory of independence. The race felt its importance

as did no one else at that time. By hundreds and thousands they

crowded the places appointed, to accept the honor offered to their

posterity, and thereby unwittingly conferred undying honor upon

themselves. Few indeed were the unworthy ones who evaded the sacred

responsibility thus laid upon them, and left their offspring to

remain under the badge of shame. When carefully looked at it was

but a scant cure, and threw the responsibility of illegitimacy

where it did not belong, but it was a mighty step nevertheless.

The distance from zero to unity is always infinity.

The county clerk in and for the county of Horsford sat behind

the low wooden railing which he had been compelled to put across

his office to protect him from the too near approach of those who

crowded to this fountain of rehabilitating honor that had recently

been opened therein. Unused to anything beyond the plantation on

which they had been reared, the temple of justice was as strange

to their feet, and the ways and forms of ordinary business as

marvelous to their minds as the etiquette of the king's palace to

a peasant who has only looked from afar upon its pinnacled roof.

The recent statute had imposed upon the clerk a labor of no little

difficulty because of this very ignorance on the part of those whom

he was required to serve; but he was well rewarded. The clerk was

a man of portly presence, given to his ease, who smoked a long-stemmed

pipe as he sat beside a table which, in addition to his papers and

writing materials, held a bucket of water on which floated a clean

gourd, in easy reach of his hand.

"Be you the clerk, sail?" said a straight young colored man, whose

clothing had a hint of the soldier in it, as well as his respectful

but unusually collected bearing.

"Yes," said the clerk, just glancing up, but not intermitting his

work; "what do you want?"

"If you please, sah, we wants to be married, Lugena and me."

"_Registered_, you mean, I suppose?"

"No, we don't, sah; we means _married_."

"I can't marry you. You'll have to get a license and be married by

a magistrate or a minister."

"But I heard der was a law---"

"Have you been living together as man and wife?"

"Oh, yes, sah; dat we hab, dis smart while."

"Then you want to be registered. This is the place. Got a

half-dollar?"

"Yes, sah?"

"Let's have it."

The colored man took out some bills, and with much difficulty

endeavored to make a selection; finally, handing one doubtfully

toward the clerk, he asked,

"Is dat a one-dollah, sah?"

"No, that is a five, but I can change it."

"No, I'se got it h'yer," said the other hastily, as he dove again

into his pockets, brought out some pieces of fractional currency and

handed them one by one to the officer until he said he had enough.

"Well," said the clerk as he took up his pen and prepared to fill

out the blank, "what is your name?"

"My name's Nimbus, sah."

"Nimbus what?"

"Nimbus nuffin', sah; jes' Nimbus." "But you must have another

name?"

"No I hain't. Jes' wore dat fer twenty-odd years, an' nebber hed

no udder."

"Who do you work for?"

"Wuk for myself, sah."

"Well, on whose land do you work?"

"Wuks on my own, sah. Oh, I libs at home an' boa'ds at de same

place, I does. An' my name's Nimbus, jes' straight along, widout

any tail ner handle."

"What was your old master's name?"

"Desmit--Colonel Potem Desmit."

"I might have known that," said the clerk laughingly, "from the

durned outlandish name. Well, Desmit is your surname, then, ain't

it?"

"No'taint, Mister. What right I got ter his name? He nebber gib

it ter me no more'n he did ter you er Lugena h'yer."

"Pshaw, I can't stop to argue with you. Here's your certificate."

"Will you please read it, sah? I hain't got no larnin'. Ef you

please, sah."

The clerk, knowing it to be the quickest way to get rid of them,

read rapidly over the certificate that Nimbus and Lugena Desmit had

been duly registered as husband and wife, under the provisions of

an ordinance of the Convention ratified on the---day of---, 1865.

"So you's done put in dat name--Desmit?"

"Oh, I just had to, Nimbus. The fact is, a man can't be married

according to law without two names."

"So hit appears; but ain't it quare dat I should hev ole Mahs'r's

name widout his gibbin' it ter me, ner my axin' fer it, Mister?"

"It may be, but that's the way, you see."

"So hit seems. 'Pears like I'm boun' ter hev mo' names 'n I knows

what ter do wid, jes' kase I's free. But de chillen--yer hain't

sed nary word about dem, Mister."

"Oh, I've nothing to do with them."

"But, see h'yer, Mister, ain't de law a doin dis ter make dem lawful

chillen?"

"Certainly."

"An' how's de law ter know which is de lawful chillen ef hit ain't

on dat ar paper?"

"Sure enough," said the clerk, with amusement. "That would have

been a good idea, but, you see, Nimbus, the law didn't go that

far."

"Wal, hit ought ter hev gone dat fur. Now, Mister Clerk, couldn't

you jes' put dat on dis yer paper, jes' ter "commodate me, yer

know."

"Perhaps so," good-naturedly, taking back the certificate; "what

do you want me to write?"

"Wal, yer see, dese yer is our chillen. Dis yer boy Lone--Axylone,

Marse Desmit called him, but we calls him Lone for short--he's

gwine on fo'; dis yer gal Wicey, she's two past; and dis little

brack cuss Lugena's a-holdin' on, we call Cap'n, kase he bosses

all on us--he's nigh 'bout a year; an' dat's all."

The clerk entered the names and ages of the children on the back

of the paper, with a short certificate that they were present,

and were acknowledged as the children, and the only ones, of the

parties named in the instrument.

And so the slave Nimbus was transformed, first into the "contraband"

and mercenary soldier _George Nimbus_, and then by marriage

into _Nimbus Desmit_.

Bricks Without Straw: A Novel · 第 5 / 62 章