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.

Thus it stands. The word “white” found no place in the original Common

Law; nor did it find any place afterward in our two title-deeds of

Constitutional Liberty, each interpreting the other, and being the

fountain out of which are derived the rights and duties of the American

citizen. Nor, again, did it find place in the Constitutional Amendment

expressly defining a “citizen.” How, then, can it become a limitation

upon the citizen? By what title can any one say, “I am a white lord”?

Every statute and all legislation, whether National or State, must be

in complete conformity with the two title-deeds. To these must they

be brought as to an unerring touchstone; and it is the same with the

State as with the Nation. Strange indeed, if an odious discrimination,

without support in the original Common Law or the Constitution, and

openly condemned by the Declaration of Independence, can escape

judgment by skulking within State lines! Wherever it shows itself,

whatever form it takes, it is the same barefaced and insufferable

imposture, a mere relic of Slavery, to be treated always with indignant

contempt, and trampled out as an unmitigated “humbug.” The word may

not be juridical; I should not use it if it were unparliamentary; but

I know no term which expresses so well the little foundation for this

pretension.

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