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
Although the rule may be properly traced to Slavery, of which it is
an important ally, yet, from considerations already presented, it
seems to follow that it is founded on a reason broader than Slavery,
suggested, however, by Slavery. According to the logic of these
considerations, the disqualification of the slave as a witness against
white persons is not founded on the fact that he is a slave, because
the disqualification, except in Delaware and Louisiana, attaches also
to free colored persons; nor is it founded on want of that religious
belief required in a sworn witness, nor on any actual disregard of his
testimony under oath, because the slave in certain cases is sworn,
and his testimony under oath is accepted in the administration of
justice, and he is punished for perjury; but it is simply, in the
last analysis, _an incapacity attached by law to persons of color_.
Indeed, the obvious inference from the remarks of Judge O’Neall[104]
is, that, in his opinion, it is not slavery, but color, which is
the ground of exclusion. But the Committee have already shown the
pernicious consequences of such proscription, and especially that the
disfranchisement of the African race operates as a liberty to all white
persons, not excepting, in most of the States, even white convicts, to
do as they please, and commit any crime in the Decalogue, “unwhipped
of justice,” if nobody but a colored person is present. It needs no
argument to establish the unreasonableness of a disqualification which,
according to the confession of its advocates, attaches to the shading
of the human skin, especially in view of the fearful cruelty that is
its natural consequence.
In Delaware and Louisiana the disqualification rests on the fact of
Slavery. In many other States the free colored persons are so few in
number that the fact of Slavery seems still to overshadow the whole
race. Assuming, then, that the disqualification is traced not merely
to the shading of the skin, but to the fact of Slavery, it is none the
less to be rejected, not only as part of Slavery, but as essentially
irrational and inhuman.
Public-domain text, read in full here on John Shaqi.
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