There are certain great sentiments which simultaneously possess many minds and make what we call the spirit of the age. That spirit at the close of the last century was peculiarly humane. From the great Spanish Cardinal Ximenes, who refused the proposal of the Bishop Las Casas to enslave the Indians; from Milton, who sang, 'But man over man He made not Lord; such title to himself Reserving, human left from human free', from John Selden, who said, 'Before all, Liberty', from Algernon Sidney, who died for it, from Morgan Godwyn, a clergyman of the Established Church, and Richard Baxter, the Dissenter, with his great contemporary, George Fox, whose protest has been faithfully maintained by the Quakers; from Southern, Montesquieu, Hutcheson, Savage, Shenstone, Sterne, Warburton, Voltaire, Rosseau, down to Cowper and Clarkson in 1783 — by the mouths of all these and innumerable others Religion, Scepticism, Literature, and Wit had persistently protested against the sin of slavery. As early as 1705 Lord Holt had declared there was no such thing as a slave by the law of England. At the close of the century, four years before our Declaration, Lord Mansfield, though yearning to please the planters, was yet compelled to utter the reluctant 'Amen' to the words of his predecessor. Shall we believe Lord Mansfield, who lived in the time and spoke for it, when he declared that wherever English law extended — and it extended to these colonies — there was no man whatsoever so poor and outcast but had rights sacred as the king's; or shall we believe a judge eighty-four years afterwards, who says that at that time Africans were regarded as people 'who had no rights which the white man was bound to respect'? I am not a lawyer, but, for the sake of the liberty of my countrymen, I trust the law of the Supreme Court of the United States is better than its knowledge of history.
George William Curtis
