Color in the animal kingdom is according to the Law of Nature. The ox of the Roman Campagna is gray. The herds on the banks of the Xanthus were yellow; on the banks of the Clitumnus they were white. In Corsica animals are spotted. The various colors of the human family belong to the same mystery. There are white, yellow, red, and black, with intermediate shades; but no matter what their hue, they are always MEN, gifted with a common manhood and entitled to common rights. Dr. Johnson made short work with the famous paradox of Berkeley, denying the existence of matter. Striking his foot with mighty force against a large stone, till he rebounded from it, “I refute it thus,” he exclaimed.[205] And so, in reply to every pretension against the equal rights of all, to every assertion of right founded on the skin, to every denial of right because a man is something else than white, I point to that common manhood which knows no distinction of color, and thus do I refute the whole inhuman, unchristian paradox.
THE WORD “WHITE.”
Observe, if you please, how little the word “white” is authorized to play the great part it performs, and how much of an intruder it is in all its appearances. In those two title-deeds, the Declaration of Independence and the Constitution, there are no words of color, whether white, yellow, red, or black; but here is the fountain out of which all is derived. The Declaration speaks of “all men,” and not of “all white men”; and the Constitution says, “We the people,” and not “We the white people.” Where, then, is authority for any such discrimination, whether by the nation or any component part? There is no fountain or word for it. The fountain failing, and the word non-existent, the whole pretension is a disgusting usurpation, which is more utterly irrational when it is considered that authority for such an outrage can be found only in positive words, plain and unambiguous in meaning. This was the rule with regard to Slavery, solemnly declared by Lord Mansfield in the famous Somerset case; and it must be the same with regard to this pretension. It cannot be invented, imagined, or implied; it must be found in the very text: and this I assert according to fixed principles of jurisprudence. In its absence, Equality is “the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.”[206]
This conclusion is reinforced by the several Constitutional Amendments; but I prefer to dwell on the original text of the Constitution, in presence of which you might as well undertake to make a king as to degrade a fellow-citizen on account of his skin.
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.”
In melancholy contrast with the monumental judgment of the English Chief-Justice are judicial decisions in our own country, especially that masterpiece of elaborate inhumanity, the judgment of our late Chief-Justice in the Dred Scott case. But it is in the States that the word “white” has been made prominent. Such learned debate on the rights of man dependent on complexion would excite a smile, if it did not awaken indignation. There is Ohio, a much-honored State, rejoicing in prosperity, intelligence, and constant liberty; but even this eminent civilization has not saved its Supreme Court from the subtilties of refinement on different shades of human color. In the case of Lake v. Baker et al.,[211] this learned tribunal decided that a child of Negro, Indian, and white blood, but of more than one-half white, was entitled to the benefits of the common-school fund; yet in a later case the same court decided that “children of three-eighths African and five-eighths white blood, but who are distinctly colored, and generally treated and regarded as colored children by the community where they reside, are not, as of right, entitled to admission into the common schools set apart for the instruction of white youths.”[212] Unhappy children! Even five-eighths white blood could not save them, if in their neighborhood they were known as “colored.” But this magic of color showed itself yet more in the precedent of Polly Gray v. The State of Ohio,—a case of robbery, in the Court of Common Pleas, where the prisoner appearing on inspection “to be of a shade of color between the mulatto and white,” a Negro was admitted to testify against her, and she was convicted; but on grave consideration by the Supreme Court, on appeal, it was decided that the witness was wrongly admitted, and the judgment was reversed; and the decision stands on these words: “A Negro is not an admissible witness against a quadroon on trial charged with a crime”![213] Into this absurdity of injustice was an eminent tribunal conducted by the ignis-fatuus of color.
These are specimens only. To what meanness of inquiry has not the judicial mind descended in the enforcement of an odious prejudice? Such decisions are a discredit to Republican Government; and so also is the existing practice of public institutions harmonizing with them. The words of the Gospel are fulfilled, and the Great Republic, “conceived in Liberty, and dedicated to the proposition that all men are created equal,”[214] becomes “like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men’s bones and of all uncleanness.”[215] Are not such decisions worse than dead men’s bones or any uncleanness? All this seems the more irrational, when we recall the Divine example, and the admonition addressed to the Prophet: “But the Lord said unto Samuel, Look not on his countenance, … for the Lord seeth not as man seeth; for man looketh on the outward appearance, but the Lord looketh on the heart.”[216] To the pretension of looking at the skin and measuring its various pigments in the determination of rights, I reply, that the heart, and not the countenance, must be our guide. Not on the skin can we look, though “white” as the coward heart of Macbeth, according to the reproach of his wife,—but on that within, constituting character, which showed itself supremely in Toussaint L’Ouverture, making him, though black as night, a luminous example, and is now manifest in a virtuous and patriotic people asking for their rights. Where justice prevails, all depends on character. Nor can any shade of color be an apology for interference with that consideration to which character is justly entitled.