Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
(14.) In Louisiana, the Revised Statutes provide that “no slave shall
be admitted as a witness, either in civil or criminal matters, for or
against a white person”; and also, “no slave shall be admitted as a
witness, either in civil or criminal matters, for or against a free
person of color, except in case such free individual be charged with
having raised, or attempted to raise, an insurrection among the slaves
of this State, or adhering to them by giving them aid or comfort in any
manner whatsoever.”[50]
The Civil Code declares “absolutely incapable of being witnesses to
testaments” “women of what age soever,” and “slaves.”[51] But the Civil
Code has provided expressly that “the circumstance of the witness
being a free colored person is not a sufficient cause to consider the
witness as incompetent, but may, according to circumstances, diminish
the extent of his credibility”;[52] so that a free colored person in
Louisiana may be a witness for or against a white person, subject to
inquiry as to the value of his testimony.
(15.) In Texas, the Act of May 13, 1846, provides that “all negroes
and Indians, and all persons of mixed blood descended from negro
ancestry to the third generation inclusive, though one ancestor of each
generation may have been a white person, shall be incapable of being a
witness in any case whatever, except for or against each other.”[53]
SUMMARY STATEMENT OF THE RULE.
From this review of the provisions in the different States it appears,
that, with slight differences, there is nevertheless a prevailing
resemblance, such as becomes the sisterhood of Slavery.
“Facies non omnibus una,
Nec diversa tamen; qualem decet esse sororum.”[54]
If the recital seems weary, it has not been superfluous, for it has
disclosed the disgusting terms of that proscription. It is difficult
to read the provisions in a single State without impatience; but the
recurrence of this injustice, expressed with such particularity in no
less than fifteen States,[55] makes impatience swell into indignation,
especially when it is considered that in every State this injustice is
adopted and enforced by the courts of the United States.
Slaves cannot testify in any of the States for or against a white
person in any case, either civil or criminal,--unless, perhaps, in
Maryland they may be allowed to testify against a white person who is
not a Christian.
Free persons of color are also, like slaves, incompetent to testify
for or against white persons, except in Delaware and Louisiana, where,
under circumstances already stated, they may testify, even though a
white person is a party.
It may be observed, also, that the statutes of Delaware, Virginia,
Kentucky, South Carolina, Georgia, Florida, Missouri, Arkansas,
Louisiana, and Texas do not expressly include Indian slaves; but
probably only a few slaves are of pure Indian blood. Those of mixed
Indian descent would undoubtedly be classed with mulattoes, and share
their incapacity.
Public-domain text, read in full here on John Shaqi.
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