Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
There is also, antedating and interpreting the Constitution, the
original Common Law, which knew no distinction of color. One of the
greatest judges that ever sat in Westminster Hall, Lord Chief-Justice
Holt, declared, in sententious judgment, worthy of perpetual memory,
“The Common Law takes no notice of Negroes being different from other
men.”[207] This was in 1706, seventy years before the Declaration of
Independence; so that it was well known to our fathers as part of that
Common Law, to which, according to the Continental Congress, the
several States were entitled.[208] Had these remarkable words been
uttered by any other judge in Westminster Hall, they would have been
important; but they are enhanced by the character of their illustrious
author, to whom belongs the kindred honor of first declaring from the
bench that a slave cannot breathe in England.[209]
Among the ornaments of English law none has a purer fame than Holt,
who was emphatically a great judge,--being an example of learning
and firmness, of impartiality and mildness, with a constant instinct
for justice, and a rare capacity in upholding it. His eminent merits
compelled the admiration of his biographer, Lord Campbell, who does
not hesitate to say, that, “of all the judges in our annals, Holt has
gained the highest reputation, merely by the exercise of judicial
functions,”--and then again, in striking words, that “he may be
considered as having a genius for magistracy, as much as our Milton
had for poetry or our Wilkie for painting.”[210] And this rarest
magistrate tells us judicially, that “the Common Law takes no notice
of Negroes being different from other men,”--in other words, it makes
no discrimination on account of color. This judgment is a torch to
illumine the Constitution, while it shows how naturally our fathers
in the great Declaration said, “All men,” and not “All _white_ men,”
and in the Constitution said, “We the people,” and not “We the _white_
people.”
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