Perspectives
"Wouldn't you like to try it on?" (mid August)
Castleton proves embarrassing to Phelpses of Perquimans
Every family has relatives who
can be an embarrassment. George
Castleton was the discord spoiling
the harmony of the Phelpses of
Perquimans. Jonathan Phelps was
a leading Quaker in the 1680s, but
his brother-in-law Castleton was
quarrelsome.
October 1686 was the month that
lems between Castleton and
wife Hannah (nee Phelps)
spilled over into the County Court
of Albemarle. Hannah was ordered
in July to make her appearance to
answer complaints, while George
was to be taken into custody by the
sheriff to guarantee his appear
ance.
When the court met in October,
however, it seems the Castleton
matter had disappeared from the
docket. Had George and Hannah
answered all complaints out of
court? Had the court dropped the
charges? Had the couple betaken
themselves out of the court's way?
*Ae court minutes are without an
swers to such questions, and it
wjpuld appear that anyone attend
iag the October term to hear the
kJKdown on the Castletons had to
b? dftappointed.
Itoe disappointment was dis
pelled the next October, however.
The 1687 airing of the Castle tons'
soiled linen revealed that Hannah
had left her husband.
For a seventeenth-century wife
to forsake her husband was quite
an undertaking. Apart from her
spouse she would generally be
without any means of support, as
the law gave him general control
over property which might be hers
and gave her little claim upon
property which was his. Divorce
was virtually unheard of and the
spouses could not be completely
separated by anything short of
death.
The records do not say why Han
nah had left George. True, George
had been convicted of embezzling
Weekly constitution corner
* *
- In-the last installment of Consti
tution Corner, we noted five areas
in , which the first "liberal" Su
preme Court under the leadership
df CUef Justice Earl Warren acted
decteively. These (rearranging
then into chronological order)
ME racial inequality, church
and state, apportionment, protec
tion of criminals, and rights of
Woman.
* Ih this column our subject will be
the Court, the Constitution, and
race.
'On' May 17, 1954? the second year
of the Eisenhower administration
the Supreme Court handed down
its authoritative opinion in the case
at Brawn v. Board of Education of
Topaka. This was the most impor
tant decision of the highest Court in
the second half of the 20th century
perhaps of the entire century.
-First of all, this was a verdict
tfhich affected decisively the
meaning and thrust of the Constitu
tion. The original instrument has
accepted, if it had not endorsed,
the institution of slavery. Abraham
Lincoln, who revered the Constitu
tion as highly as the late Senator
Ervin, held steadfastly to the
view that the Federal government
had no power ova- slavery in the
gustent States. Three Amend
ments - 13, 14, and 15-were un
doubtedly intended not only to
abolish slavery but to extend equal
rights to black people. Despite this
and, I believe, because of the fol
lies of Reconstruction-against the
mind and will of Lincoln- this
drama ended up with the Supreme
Court in Pleassy v. Ferguson
(me) affirming the doctrine of
"separate but equal" in race rela
tions
' It was 58 years before the highest
Court saw fit to reverse this dogma
fai the landmark decision of Brown,
<be.locus being the public schools
and the governing principle betas
Si equal protection of the laws
dause.
I The implications of the Court's
action were profound and far
reaching. It was the Supreme
Court which was the primary agent
in bringing on the civil rights revo
lution. As has happened before in
our history, the Court reflected the
thinking and the conscience of the
American public in a fundamental
manner. Whether the Court was
prudent or constitutional in going
as far as it went in the exercise of
"judicial supremacy" in this and
other areas, isa real question. But
in the basic focus on American con
science and constitutional prin
ciple, the Court was right.
Senator Ervin's history at this
point is most interesting. Like most
Southern leaders, he was shocked
and taken aback by the Brown de
cision. He was co-author and
signer of "The Southern Man
ifesto" (1956), signed by 17 Sen
ators and 67 Representatives. But
this great man and brilliant Consti
tutional scholar went on to study
the constitution in general, the
three Civil War amendments and
their history in particular, and rel
evant Supreme Court decisions. As
a result, he reached these Arm con
clusions and had the courage and
humility to declare them (see his
autobiography, "Preserving the
Constitution." pp. 145-147): 1. The
Constitution is indeed color-blind
and requires the States to ignore
the race of children in assigning
them to their public schools. 2. The
Brown decision was right in hold
ing that a state violates Amend
ment 14 when it denies a school
child admission ico any public
school solely on accourt of his race.
3. Ervin's original intellectual ac
ceptance of the constitutionality of
the separate-but-equal doctrine
was wrong.
This however does not iustify the
Senator emphasizes, going to the
opposite extreme of "embracing
and enforcing the illusory notion
that the Constitution is color con
scious rather than color-blind."
Evidently we are back in the im
broglio of liberty vs. equality, a
thicket if ever there was one.
Correction
-It was stated that Kefli Hainas
was a raakfcnt at Parqobnam
Cbuaty and a Perquimans County
otank County and a Pasquotank
County 4-H'er. We regret thto er
ror.
the estate of her children by her
first husband. Yet, at the time of
that incident it was George who
had left home. Evidently he had re
turned, then she had left. One
house could not hold the pair of
them.
The Court never heard of mar
riage counseling. It "ordered that
Hannah Castleton the wife of
George Castleton do repair home
to her husband live with him, and
that if she departs from him any
more it is ordered that the magis
trates do forthwith use such means
as may cause her to live with her
husband."
A few months later the story took
a twist. In March 1688 George Cast
leton sold his land in Perquimans.
Was he then depriving Hannah of
the home to which she had been or
dered to repair? Perhaps, but then
it might be that Castleton all along
had lived in the home Hannah had
from her previous husband, a
home that might have been quieter
if she hi?d remained a widow.
Sharing the figs
"It it only when we share that we
make room to receive," her letter
stated. She was writing to me of
how she continuously learned from
her routine daily living, though she
no longer stood as straight as she
once (fid, saw as brightly, or heard
as keenly. For her, growing, learn
ing. and experiencing life would
end only when she drew her final
breath.
When she first started having
figs on her tree, the birds in the
area thought the fruit belonged to
them. It was a daily race to see
who would get to the tree first in
the mornings... her, or the birds.
She tried everything... even put alu
minum pans on the bush to scare
them away, but nothing worked.
The birds still beat her to the tree
and feasted until they were full,
each morning. Every day she'd
pull the ones they had pecked and
throw them as far as she
could.. .then scold the birds ..tel
ling them that it was HER tree and
HER figs
But one day a thought came to
her as she watched the birds out
side her window squawking and
raising a fuss as they came in re
inforced droves, beating her to the
bush vet another morning.
"Why is it YOUR tree?" she
asked herself for the first time.
God looks after the birds too. HE
made the tree. YOU only set it out
after your friend gave you a cut
ting from her bush. So why not
share with them? It really isn't
yours.
From then on she had a peaceful
feeling about the figs and shared
the fruits willingly. She told the
little birds to "eat on." She didn't
pull a single fig that they had
pecked. To her, the little boles on
the fruit staked their claim.
Slowly, the birds stopped squawk
ing and raising a fuss as she ap
proached the fig tree, and would
finish the fig they first pecked be
fore going to another.
Sometimes there would be a bird
in the top of the tree eating a fig i
while she picked among the lower
limbs. For the first time ever,
there were more figs than she
could possibly handle, so she made"
preserves and cakes and others
things and shared them with .
friends and family. That experi
ence truly warmed her heart.
One day she found only two ripe
ones left on the bush. When she had
pulled the second one she discov
ered it had a little peck on its side.
"Oh no," she thought. "IN*,
pulled the birds' fig. What can I
do? Where can I put it so they can
eat it later on. As she looked,
about, the thought came to her to
get a string and tie it back on the
tree.
She did it right then. The birds
came to it and ate it all, and the
stem is still hanging there, dry on
the string, as a reminder to her to
be very careful and not bother
what was not hers. And to share.
I've kept her letter on my desk
for a long time now, for many rea
sons. But mainly I've kept it to re
mind me that too many of us hear
without heeding, read without re
sponding, confess without chang
ing, profess without practicing,
worship without witnessing, ana
seek without sharing.
And, as I travel mat same path
down which she has long ago
walked, perhaps it will also remind
me to open my hands to give, open
my eyes to care, open my mind to
learn, and especially... open my.
heart to share.
Elliott accepts new
position at college
MRS MARIE ELLIOTT AC
CEPTS POSITION AT CHOWAN
COLLEGE: Marie S. Elliott has
accepted a position in the Infir
mary at Chowan College, Murf
reesboro and will begin her duties
Tuesday, August 25. Mrs. Elliott
will serve as night nurse and at
tend classes on a part-time basis
during the day working toward an
Associate Degree in Nursing. She
received her License Practical
Nurse in 1963 and since that time
has done private duty nursing for a
short time, worked in a physicians
office for about 5 years and until
recent resignation to accept the
present position, she has been asso
ciated with the Pasquotank County
Health Department in Elizabeth
City for about 2Vfc years. She is a
member of the Hertford Baptist
Chruch, assistant teach of the adult
ladies Sunday School class for 10
, and a member of the Hert
Business and Professional
Women's Club. Her bobbies are
reading, sewing, and oil painting.
She is currently enrolled in the Art
Class at The College of the Albe
marle, Elizabeth City,, and also at
tended classes there last winter in
other fields of education. Mrs El
liott is the widow of the late Nor
man Elliott of Hertford and has
two children, Mrs. Ann E. Young of
Hertford and Mrs. Frances E.
Smith of Portsmouth, Va.
TOWN BOARD BACKS RE
QUEST TO KEEP PIEDMONT IN
E.C.: The Board of Hertford Cm d
missioners adopted a Resolutioo
requesting the Piedmont Airlines
to remain in Elizabeth City at their
recent meeting. The Resolution
was made at the request of the
Elizabeth City Board of Commisf,
sioners.
ENGAGEMENT ANJ
NOUNCED: Mr. and Mrs. Robert
S. Elliott or Route 1, Hertford, an
nounce the engagement and ap
proaching marriage of their' '
daughter, Nancy Jane Elliott to -
Douglas Vernon Harrell, son of Mr. '
and Mrs. J. Vernon Harrell of
Route 3, Hertford. The wedding it'
planned for September 20th at the
Hartford Baptist Church at fottr
o'clock.