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 principle underlying the admission of the declarations of a
slave is plainly, but brutally, expressed by Judge Pearson, of North
Carolina. We have already seen, that, according to this learned judge,
who was for the time the voice of the law, the declarations of the
slave are not to be regarded as his _testimony_, any more than the
barking of a dog or the grunting of a hog “can be called the testimony
of the dog or the hog.” The slave complains of his sickness in words,
the dog moans, the hog squeals; but the law regards these expressions
of suffering alike. They may be proved as facts by competent evidence;
but the slave himself cannot testify what his complaints were, any more
than the dog or the hog.[66]
Such are eccentricities of judicial opinion on this important
question. They are not to be regarded merely as curiosities, for they
are all adopted and enforced in the national courts; so that even the
most brutal language becomes not merely the voice of the law, but the
voice of the nation also.
CONSEQUENCES OF THIS EXCLUSION.
Thus do decisions of courts, as well as statutes, conspire to exhibit
this rule in revolting features. If we glance for one moment at its
consequences, there will be new occasion to condemn it.
Looking at it in a single aspect, consequences appear which baffle the
imagination to picture. Throughout the States where this exclusion
prevails, any white person may torture and maltreat a slave in any
conceivable manner and to any extent, or he may overwork and starve
him, or he may whip him to death, murder him in cold blood, or burn
him alive; and so long as he is the only white person present, the
laws afford him the most complete immunity from punishment, except
in Delaware and Louisiana, where also he is safe, if only slaves are
present. It is true that the same laws profess to punish the murder
of a slave as a capital offence, and also to punish severely any
mutilation or other cruel treatment of him. But such laws are nothing.
So long as the slave himself is not allowed to testify, so long the
laws will be justly obnoxious to the charge of actually authorizing a
white person to inflict any outrage upon him, even to the extent of
taking life with impunity. Every white person with only slaves about
him, or, it may be, with only colored persons, slave or free, has _a
letter of license_ to commit any outrage which passion or wickedness
may prompt.
Public-domain text, read in full here on John Shaqi.
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