Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I do not give the name of this writer, because he is unwilling that
it should be known. But you will observe, from the date of the letter,
that he was a member of the Virginia Convention. His testimony will
speak for itself. The other letter, as you will see, is from the
District Judge of Virginia.
“UNITED STATES DISTRICT COURT,
ALEXANDRIA, VIRGINIA, March 22, 1864.
“DEAR SIR,--Some time since I saw by the papers that you were
urging the admission of our freedmen as witnesses in all United
States courts.
“In several confiscation cases now pending in this court such
testimony will be of the greatest importance. Indeed, I am
told by the United States Assistant Attorney in this court,
that, from his knowledge in the preparation of these cases, the
prosecution will probably fail, and the Government be subjected
to costs, unless such testimony is allowed in several cases now
on our docket. You will therefore see the necessity of a speedy
change of the law, corresponding to the change which has taken
place in the condition of the freedmen.
“Your obedient servant,
“JOHN C. UNDERWOOD, _District Judge_.
“Hon. CHARLES SUMNER, _United States Senate_.”
This is practical wisdom. Let me add to it proof from another quarter.
Sir Samuel Romilly, whose great fame as a lawyer was enhanced by humane
labors in Parliament, has furnished evidence on this very point.
“The laws of the Colonies are said to be humane; but by those
laws a child of five or six years old may receive, for a slight
offence or for no offence, at the caprice of the master or
overseer, no less than thirty-nine lashes with what is termed
a cart-whip. To this dreadful extent the law _authorizes_ the
infliction of punishment by individuals. But even in cases
where the law conveys no authority, where wanton cruelty is
inflicted in defiance of the law, how easy it must be to
escape detection, when the testimony of a negro, or a thousand
negroes, would not avail against a white man! And with what
force must this argument strike, when we reflect on the
proportion which the white bear to the black inhabitants of
the island! What security could we expect in our passage even
through the streets of London, if ninety-nine people out of
a hundred, or even nine out of ten, were incompetent to give
evidence in a court of justice?”[365]
Mr. President, in bringing forward this measure, I waive for the
present all questions of right, and, if you please, all sentiments of
humanity. I ask attention plainly and directly to the practical failure
of justice which must arise without its adoption. This may be seen
under two different heads: first, with regard to colored persons; and,
secondly, with regard to white persons.
Public-domain text, read in full here on John Shaqi.
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