Charles Sumner: his complete works, volume 11 (of 20) — John Shaqi
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 offensive rule seems to have found less acceptance in the
possessions of other countries than with us. It has been inferred,
after careful inquiry, that slaves in the Spanish and Portuguese
settlements are not always incompetent as witnesses, while the _Code
Noir_ of Louis the Fourteenth, amidst ungenerous prohibitions, allowed
their evidence to be heard, “as a suggestion, or unauthenticated
information, which might throw light on the evidence of other
witnesses,” and afterwards, by later edict, sanctioned the testimony
of slaves, “when white witnesses were wanting, except against their
masters.”[93] But the rule is the natural complement of Slavery; and it
cannot be disguised that it has prevailed, with corresponding degrees
of force, wherever Slavery has been recognized. Its prevalence with us
is only another illustration of the power of Slavery.
If you would find the country where slaves have been most completely
despoiled of the right of testimony, you will not go to Greece or
Rome, for in these classic lands the slaves were admitted to testify
in certain cases; nor will you linger even in the Dark Ages, for there
were then excepted cases; nor will you search English precedents, for
the villein was incompetent only against his lord, and not always
against him; nor will you look to the colonies of Spain, Portugal, or
France, for in all of these the cruel rule was mitigated; but you will
turn to those States of our Republic where the slave is not permitted
to testify against his master or any other white person, and where
even free colored persons, having no master, are smitten with the same
incapacity to testify against any white person.
GROUNDS FOR THIS INJUSTICE.
From examples of history the way is easy to an inquiry into the grounds
on which this proscription is founded.
The true reason may be traced to the unhappy prejudices engendered
by Slavery, and to the policy of sustaining this wrong. Indeed, it is
hardly less essential to Slavery than the lash itself. An early statute
of Virginia places the rule on the ground that none but Christians
should be witnesses, and even among these “Popish recusants convict”
were inadmissible.[94] But it is generally vindicated by dwelling on
_the degraded condition of the slave, and the interest he may have to
conceal or deny the truth_.[95] A careful examination will show that
this apology is baseless as Slavery itself.
Public-domain text, read in full here on John Shaqi.
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