“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.
If colored persons cannot testify against white persons, what protection can they have against outrage? The white person may perpetrate any brutality upon colored persons with impunity. There is nothing in the dreary catalogue of crime, from a simple assault to murder itself, which may not be committed with impunity by a white person, if no other white person be present. This bare statement is enough. Surely at this moment there should be no delay in preventing such failure of justice.