DUTY OF THE COURT.

May it please your Honors: Such are some of the things which I feel

it my duty to say in this important cause. I have occupied much time,

but the topics are not yet exhausted. Still, which way soever we turn,

we are brought back to one single proposition,--_the Equality of men

before the Law_. This stands as the mighty guardian of the colored

children in this case. It is the constant, ever-present, tutelary

genius of this Commonwealth, frowning upon every privilege of birth,

every distinction of race, every institution of Caste. You cannot

slight it or avoid it. You cannot restrain it. God grant that you may

welcome it! Do this, and your words will be a "charter and freehold

of rejoicing" to a race which by much suffering has earned a title

to much regard. Your judgment will become a sacred landmark, not in

jurisprudence only, but in the history of Freedom, giving precious

encouragement to the weary and heavy-laden wayfarers in this great

cause. Massachusetts, through you, will have fresh title to respect,

and be once more, as in times past, an example to the whole land.

Already you have banished Slavery from this Commonwealth. I call

upon you now to obliterate the last of its footprints, and to banish

the last of the hateful spirits in its train. The law interfering to

prohibit marriage between blacks and whites has been abolished by the

Legislature. Railroads, which, imitating the Boston schools, placed

colored people apart by themselves, are compelled, under the influence

of an awakened public sentiment, to abandon this regulation, and to

allow them the privileges of other travellers. Only recently I have

read that his Excellency, our present Governor,[50] took his seat in

a train by the side of a negro. In the Caste Schools of Boston the

prejudice of color seeks its final refuge. It is for you to drive it

forth. You do well, when you rebuke and correct individual offences;

but it is a higher office to rebuke and correct a vicious institution.

Each individual is limited in influence; but an institution has the

influence of numbers organized by law. The charity of one man may

counteract or remedy the uncharitableness of another; but no individual

can counteract or remedy the uncharitableness of an organized injury.

Against it private benevolence is powerless. It is a monster to be

hunted down by the public and the constituted authorities. And such is

the institution of Caste in the Common Schools of Boston, which now

awaits a just condemnation from a just Court.

[50] Hon. George N. Briggs.

One of the most remarkable expositions of Slavery is from the pen of

Condorcet, in a note to the "Thoughts" of Pascal. Voltaire, in his

later commentary on the same text, speaks of this "terrible" note,

and adopts its conclusion. In the course of this arraignment, the

philosopher, painting the character of the slave-master, says, "Such

is the excess of his stupid contempt for this wretched race, that,

returning to Europe, he is indignant to see them clothed as men and

_placed by his side_."[51] Thus the repugnance of the slave-master

to see the wretched race _placed by his side_ is adduced as crowning

evidence of the inhumanity of Slavery. But this very repugnance has

practical sanction among us, and you are to determine whether it shall

be longer permitted. Slavery, in one of its enormities, is now before

you for judgment. Hesitate not, I pray you, to strike it down. Let the

blow fall which shall end its domination here in Massachusetts.

[51] Pensées de Pascal, Notes de Condorcet et Voltaire, No. 109.

The civilization of the age joins in this appeal. I need not remind

you that this prejudice of color is peculiar to our country. You may

remember that two youths of African blood only recently gained the

highest honors in a college at Paris, and on the same day dined with

the King of the French, the descendant of St. Louis, at the Palace of

the Tuileries. And let me add, if I may refer to my own experience,

that at the School of Law in Paris I have sat for weeks on the same

benches with colored pupils, listening, like myself, to the learned

lectures of Degerando and Rossi; nor do I remember, in the throng of

sensitive young men, any feeling toward them except of companionship

and respect. In Italy, at the Convent of Palazzuolo, on the shores of

the Alban Lake, amidst a scene of natural beauty enhanced by historical

association, where I was once a guest, I have, for days, seen a native

of Abyssinia, recently from his torrid home, and ignorant of the

language spoken about him, mingling, in delightful and affectionate

familiarity, with the Franciscan friars, whose visitor and scholar

he was. Do I err in saying that the Christian spirit shines in these

examples?

The Christian spirit, then, I again invoke. Where this prevails, there

is neither Jew nor Gentile, Greek nor Barbarian, bond nor free, but

all are alike. From this we derive new and solemn assurance of the

Equality of Men, as an ordinance of God. Human bodies may be unequal

in beauty or strength; these mortal cloaks of flesh may differ, as do

these worldly garments; these intellectual faculties may vary, as

do opportunities of action and advantages of position; but amid all

unessential differences there is essential agreement and equality.

Dives and Lazarus are equal in the sight of God: they must be equal in

the sight of all human institutions.

This is not all. The vaunted superiority of the white race imposes

corresponding duties. The faculties with which they are endowed, and

the advantages they possess, must be exercised for the good of all. If

the colored people are ignorant, degraded, and unhappy, then should

they be especial objects of care. From the abundance of our possessions

must we seek to remedy their lot. And this Court, which is parent to

all the unfortunate children of the Commonwealth, will show itself most

truly parental, when it reaches down, and, with the strong arm of Law,

elevates, encourages, and protects our colored fellow-citizens.

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