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
The same principle has been recognized in still another case, where
the slave died of mortification in the bowels, and no physician was
called in until the day before his death, although his illness had
continued for three weeks. On this occasion Judge Green said: “The
statement of a sick slave as to the seat of his pain, the nature,
symptoms, and effects of his malady, is as well calculated to
illustrate the character of his disease as would be the statements of
any other person. They are, therefore, equally admissible for that
purpose. But whether expressions indicating the nature and effects of
a disease uttered by the sick person are real or feigned is for the
jury to determine.”[63] And this principle has also been recognized in
suits for breach of covenant in the warranty of a slave, or for fraud
in the sale of a slave.[64] But if the master distinctly warrants the
slave sound, he is not allowed to relieve himself of liability for this
false warranty by declarations of the slave to the purchaser that he
is diseased. A curious case occurred in Kentucky, which illustrates
this principle, and also the brutality of Slavery. A poor slave woman
was very ill, when her master formed “the intention of selling her,
lest he should lose her value by death.” Notwithstanding her pitiable
condition, he succeeded in disposing of her for two hundred dollars,
one quarter in a note and the remainder in saddle-trees, on the
representation that she was “hearty and sound, and fit for business.”
Although the slave woman, before the sale, told the purchaser of her
sickness, the Court annulled the sale, and directed the note and the
price of the saddle-trees to be given up, saying: “The slave herself
told the purchaser of her sickness before the sale; and after the sale,
when informed by him that he had bought her, she stated she could not
be of any use to him, as she was near death. When it is recollected
that frequently, on such occasions, there is a strong indisposition in
such creatures to be sold, and that by stratagem, to avoid a sale, they
may frequently feign sickness, or magnify any particular complaint with
which they are affected, the purchaser might well disbelieve her story,
especially when the words of the master assured him to the contrary.
For his own statements the master is responsible, and ought not to be
permitted to release himself of responsibility for his own falsehoods
by showing that the slave at the time so far corrected him as to tell
the truth.”[65]
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