If there be meaning in words, these authorities settle the case, and

your law is in palpable violation of the amendment to the Constitution

securing a trial by jury in suits at common law where the matter in

controversy exceeds twenty dollars in value. Think not, Sir, that I am

misrepresenting the Supreme Court. I know well that the _dicta_ I have

quoted have reference to _white_ men, and that they have been virtually

set aside in decisions respecting black men. I well know, that, in our

model republic, law and justice and morality are all cutaneous. But

admitting that the Supreme Court have stultified themselves, and

virtually denied, that, where a suit was brought for the services of a

_black_ man, the Constitution required a jury trial, recollect, Sir,

that not in one single instance has the court decided that the

Constitution _prohibited_ such a trial. But if not prohibited, then

Congress are permitted to accord such a trial, and _both you and Mr.

Webster have declared that Congress had a right to grant such a trial,

and ought to grant it_. In voting, therefore, for a law denying such a

trial, you made a voluntary surrender to the slaveholder of the security

which such a trial would have afforded to multitudes of your poor,

ignorant, oppressed fellow-men. For this act of cruelty and injustice,

committed against your own late conviction of duty, what is your

justification? Why, that the blacks had been already deprived of the

right of trial by jury fifty-seven years!

Let us now see what tribunal you have substituted for a jury in the

trial of one of the most momentous issues that can engage the attention

of a court of justice. You have provided for the appointment of an

indefinite number of judges, each of whom is to have exclusive

jurisdiction of these issues, and from whose judgment there is to be no

appeal. The Constitution declares, "The judges, both of the Supreme and

inferior courts, shall hold their offices during good behaviour, and

shall, at stated times, receive for their services a compensation, which

shall not be diminished during their continuance in office." These

judges are appointed by the Senate, on the nomination of the President.

Your herd of judges, called commissioners, are appointed by the courts,

and hold office during pleasure, and instead of receiving a salary, are

rewarded by a rule the infamy of which, it is believed, belongs to your

law exclusively,--a rule which doubles their compensation whenever they

decide in favor of the rich plaintiff, and _against_ the poor and

friendless defendant. But perhaps you will deny that these men are

judges; for, if judges, their appointment is palpably unconstitutional.

Let us hear the Supreme Court, at a time when it was deemed expedient to

maintain that the persons who executed the law of 1793 were _judges_.

"It is plain, that, where a claim is made by the owner out of possession

for the delivery of a slave, it must be made, if made at all, _against

some other person_; and inasmuch as the right is a right of property,

capable of being recognized and asserted by proceedings _before a court

of justice between parties adverse to each other_, it constitutes, in

the strictest sense, a _controversy_ between parties, and a case arising

under the Constitution of the United States, within the express

delegation of judicial power given by that instrument." (16 _Peters_,

616.) Hence your commissioners are, in the _strictest sense_, judges,

exercising "judicial power" delegated by the Constitution.

You pronounce Mr. Crittenden "legal authority of the highest kind." This

legal authority understands the sixth section of your law as providing

that each commissioner "shall have judicial power and jurisdiction to

hear, examine, and decide the case in a summary manner." Now, if a man,

having judicial power and jurisdiction to decide controversies between

parties adverse to each other, in controversies arising under the

Constitution and within the express delegation of judicial power given

by that instrument, is not a judge, do tell us who is one. Once more,

Sir, Mr. Crittenden says, "The legal authority of every tribunal of

exclusive jurisdiction, where no appeal lies, is of necessity

conclusive upon every tribunal; and therefore the judgment of the

tribunal created by this act is conclusive upon all other tribunals." So

your commissioner is not only a judge, but he constitutes a tribunal of

exclusive jurisdiction, and his judgment is binding even upon the

Supreme Court of the United States. And yet, Sir, you must deny that

this omnipotent commissioner is a judge, or you must admit, that, in the

mode of his appointment, you have flagrantly violated the Constitution

of your country.

It has been most wickedly asserted by our proslavery presses and our

proslavery politicians, that the surrender of fugitives from labor and

fugitives from justice are similar proceedings. The surrender of a

fugitive slave involves two questions, that of identity and that of

property; and the law makes the decision of the commissioner on both

points final and conclusive upon every State and Federal court in the

land. The surrender of a fugitive criminal involves only the question of

personal identity. The Governor of the State issues his warrant for the

apprehension and delivery of a certain person proved to him to be

charged with felony. If the officer arrests the wrong person, he does it

at his peril, and a writ of _habeas corpus_ would immediately release

the person wrongfully arrested. Again, it is most fraudulently

maintained, that, if the wrong person is by the commissioner adjudged a

slave, he may sue for his freedom in a Southern court! Should he do so,

the exhibition of the commissioner's certificate is by law declared to

be conclusive _upon all tribunals_. But even supposing that a Southern

court, in defiance of law, should go behind the certificate, how is a

free colored person from the North, working under the lash on a

Mississippi plantation, to prove his freedom? How is he to fee a lawyer?

How is he to get into court? If once there, where are his witnesses?

They are his friends and acquaintances of his own color residing in the

North. How are they to be summoned to Mississippi? Should they venture

to enter the State, they would be imprisoned, and perhaps sold into

slavery; or even if permitted to enter the court-room, their testimony

would by law be excluded, against the claims of a white man. How

despicably profligate, then, is the assumption of the advocates of your

law, that any injustice committed under it would be repaired by Southern

courts!

It was not enough, it seems, that the wretched defendant in this

momentous issue should be subjected to the jurisdiction of a judge

unknown to the Constitution, holding his office by a prohibited tenure,

incapable of being impeached, and bribed to decide in favor of the

plaintiff by the promise of double fees, but the very trial allowed him

must be a burlesque on all the forms and principles of juridical

justice. The plaintiff, without notice to the defendant, prepares

himself for trial, and when his affidavits or witnesses are all ready,

he seizes the unsuspecting victim in the street, and puts him

_instanter_ on his defence. Had the wretched man been accused of some

atrocious crime, he might have demanded bail, and would have been

permitted to go at large to seek for counsel, to look for witnesses, and

to prepare for trial at some future day, of which he would have due

notice. But no such privilege is allowed a man who is accused of _owing

service_. One of your commissioners has already decided that the law

does not permit him to bail the prisoner. The slave power rides in

triumph over all the barriers erected by the wisdom of ages for the

protection of human rights. The defendant is brought, generally in

irons, before your commissioner judge, who is required "to hear and

determine the case of _the claimant_ in a summary manner." The law seems

not even to imagine the possibility of any defence being made on the

part of the defendant. It makes no provision for such a defence,--no

assignment of counsel, no summons for witnesses. We shall see presently,

that if the plaintiff makes out a _prima facie_ title, satisfactory to

the commission, it is all the law requires. Let me now call your

attention to the practical working of your diabolical law. A man named

Rose was lately seized at Detroit, and brought before a commissioner as

a fugitive slave. I copy from the newspaper report. "Mr. Joy (counsel

for defendant) moved a postponement of the trial to a future day, to

enable Rose to produce his papers to establish his right to freedom,

which papers he had _sworn_ were in Cincinnati. The counsel for the

claimant denied that the commissioner had any authority under the law to

grant a postponement. The commissioner agreed with the counsel for the

plaintiff, that _he had no authority to postpone the trial_; and he

further declared, that, _even were the papers by which Rose was

manumitted present, he could not under the law receive them in

evidence_."

Utterly devilish as was this decision, it was sound law. The plaintiff

had proved his title satisfactorily, and this being done, the

commissioner was bound by the express words of the law to grant the

certificate. He had no right to admit rebutting evidence. It was

sufficient to prove that the prisoner had been the slave of the

claimant's father, and that the claimant was the heir at law of his

father. This of itself was satisfactory, and therefore the commissioner

had no right to admit in evidence the very deed of manumission granted

by the father to the slave. The framers of the law had been as explicit

as they dared to be. "Upon satisfactory proof being made by deposition

or _affidavit_, to be taken and certified, &c., or by other satisfactory

testimony [of course, in writing, and _ex parte_], and with proof, also

by affidavit, of the _identity_ of the person," &c., the defendant is to

be surrendered. Not a hint is given that any testimony may be received

to rebut the _satisfactory_ proof given by the plaintiff. You have,

moreover, Sir, provided a species of evidence never before heard of in

the trial of an issue. By the tenth section, the claimant may go before

a judge or court in Texas, and there make proof by affidavit that _his_

slave has escaped. Whereupon, the court or judge is to certify that the

proof is satisfactory. A record of this satisfactory proof, together

with a description of the fugitive, is to be made, and a certified

transcript of this record, "being exhibited to any judge, commissioner,

or other officer authorized," &c., "_shall_ be held and taken to be full

and conclusive evidence of the fact of escape, and that the service or

labor of the person escaping is _due_ to the party in such record

mentioned." Here all defence is taken from the defendant. Should he

summon a host of witnesses to prove his freedom, not one could be heard;

should he offer a bill of sale from the claimant to another, it could

not be received; should he produce a deed of manumission, acknowledged

and certified in a Southern court, it would be waste paper. And thus a

man's freedom is to be sacrificed on an affidavit made a thousand miles

off. What, Sir, would you think of a law that would authorize the

seizure and sale of your property to satisfy a debt which any man in

California might think proper to swear, before a Californian judge, was

_due_ from you to him?

Such, Sir, is the _trial_ which you, the representative of Boston, a

descendant of the Pilgrims, and "a gentleman of property and standing,"

have accorded to the poor and oppressed. Did the Constitution require

such a prostitution of justice, such an outrage of humanity, at your

hands? I need not be told that some of your commissioners have not

construed your law as strictly as did the Detroit functionary. Thanks to

the force of public opinion, and to the zeal of some benevolent lawyers,

whose hearts were not padded with cotton, in some instances defendants

have been permitted to call witnesses in their behalf; and some regard

has been paid to the ordinary principles of justice. But in all such

instances, the spirit of the law and the intentions of its framers have

been frustrated.

And now let us listen to your "reason" for justifying all the atrocities

and abominations of your law. You gravely tell us, "The entire

population of the North has acquiesced in the law of 1793, without

thinking itself exposed to the charge of barbarity, and I have only to

say, that I do not think the charge any more just now." Certainly, Sir,

the young colonial judge could not have given a reason less logical or

satisfactory. You must be an inattentive observer of passing events, if

you are ignorant that the law of 1793 has again and again been denounced

as iniquitous, that some of the States have prohibited their officers

from assisting in its execution, that numberless petitions have been

presented to Congress for its repeal, and that you yourself, instead of

acquiescing in it, solemnly declared it to be the duty of Congress so

far to alter the law, as to grant the alleged fugitive a trial by jury.

Yet the law of 1793, wicked as it was, was justice and mercy compared

with yours. The trials under that were almost invariably before judges

of the State courts, not appointed like your commissioners for the vile

and only purpose of reducing their fellow-men to bondage. There judges

were not confined to _ex parte_ evidence, were not compelled to receive

"as full and conclusive" affidavits made in distant States, and by

unknown persons. For the most part, they honestly endeavoured, by a

patient investigation according to the ordinary rules of evidence, and

by holding the plaintiff to strict legal proof, to supply the want of a

jury.

David Paul Brown, Esq., of Philadelphia, in a letter of last November,

affirms that for the last thirty years he has been engaged as counsel in

almost every important fugitive case brought before the judges and

courts of Philadelphia, and he tells us, "thanks to those upright and

impartial and independent judges by whom the rights of the parties were

finally determined," he knows of no instance in which a colored person

was, in his opinion, wrongfully surrendered. But he adds, "I have known

HUNDREDS who have been illegally and unjustly claimed." This experienced

lawyer, commenting on your law, justly says it allows "_ex parte_

testimony to be received against the alleged fugitive, which, upon no

principle known to the common law, could be received upon the claim to

a horse or a dog." About four weeks after the date of this letter, Mr.

Brown was called to defend an alleged fugitive "illegally and unjustly

claimed," not before one of the "upright and impartial and independent"

Pennsylvania judges, but before one of your ten-dollar slave-catching

judges. I beg you to mark the result.

On the 21st of December, a colored man was arrested in the street in

Philadelphia, without warrant, and accused of stealing chickens. He was

thrust into a carriage, driven to the State-House, carried into an upper

room, and handcuffed. In this state he was detained till a commissioner

arrived. The name of this executor of your law is worthy of remembrance.

EDWARD D. INGRAHAM ought to be as much endeared to slave-catchers, as

Judge Jeffries was to James the Second.

By some means, the arrest became known, and counsel appeared for the

prisoner. Your commissioner was informed that the prisoner had only been

seized an hour and a half before, and had not heard the charge against

him; that his counsel had had no time to learn the plaintiff's case, nor

to prepare for the defence; that there were persons residing at a

distance, some in New Jersey and some in Wilmington, who would be

important witnesses in his behalf. On these grounds, a motion was made

for a continuance. And what, Sir, do you suppose was the reply made by

the slave-catching judge to this motion? "THE HEARING IS TO BE A SUMMARY

ONE: LET IT PROCEED." No doubt you fully participate in Mr. Webster's

indignation against Austrian barbarity; but see no barbarity in this

accursed proceeding against a _colored_ American. The hearing did

proceed, and James S. Price, on behalf of the plaintiff, swore that the

prisoner was Emery Rice, the man claimed, but knew nothing further about

his being a slave, except that he had seen him riding the claimant's

horse. Had _heard it said_ the prisoner was a slave. This was the amount

of the testimony on behalf of the claimant. Any honest jury, nay, any

honest judge, would instantly have decided in favor of the prisoner.

Not so MR. EDWARD D. INGRAHAM. The counsel for the defendant asked again

for a postponement, and founded the motion on the _oath_ of the

defendant, that he could procure six persons, naming them, to testify to

his freedom. A delay of ONE HOUR was asked for. This was refused, and

the judge(!) sent for a certificate to sign. During the delay thus

occasioned, one of the six persons named by the defendant appeared, and

swore that he had known the prisoner all his life. That he was not Emery

Rice, but Adam Gibson; that he was a freeman, having been manumitted by

the will of his late master. Mr. Brown produced a copy of the will of

the late master, and it so far confirmed the testimony of the witness.

Another person in the crowd now came forward, and swore that he also

knew the prisoner, and that he was a free person, and that he was Adam

Gibson. But all was in vain. The commissioner signed the certificate,

and, with an obtuseness of intellect which marked him as a fit subject

for a commission of lunacy, declared, "He had no doubt of the identity

of the prisoner with the slave Emery Rice, and that _all other

proceedings must be before the courts of Maryland_, whither he would

send him."[1] And so the prisoner, without seeing his wife and children,

whom he had that morning parted from unsuspicious of danger and

unconscious of crime, was hurried off at the expense of our glorious

model republic, under an escort of officers, who delivered him, not to

the courts of Maryland, but to Mr. William S. Knight, the reputed owner.

But Mr. Knight told the officers, "You have brought me a wrong man; this

is not Emery Rice; this man is no slave of mine." And so Adam Gibson

returned to Philadelphia, and is now a living illustration of the

abominable iniquity of one of the most accursed laws to be found in the

statute-book of any civilized nation.

[1] See report in the _New York Tribune_, 25th December, 1850.

You do not think your law more barbarous than that of 1793. Let me

further enlighten you. Judge McLean of the Supreme Court, in his opinion

delivered last May in the case of _Norris_ v. _Newton et al._,

remarks,--"In regard to the arrest of fugitives from labor, the law [act

of 1793] _does not impose any active duties on our citizens generally_";

and he argues in defence of the law, that "it gives no one a just right

to complain; he has only to refrain from an express violation of the

law." In other words, the law only required individuals to be passive

spectators of a horrible outrage, and did not compel them to be active

participators in other men's villany. Now, what says your law? Why, that

every commissioner may appoint as many official slave-catchers as he

pleases, and that each of these menials may "summon and call to their

aid the _by-standers_ or _posse comitatus_ of the proper county, when

necessary to insure a faithful observance of the clause of the

Constitution referred to in conformity with the provisions of this act,

AND ALL GOOD CITIZENS ARE HEREBY COMMANDED TO AID AND ASSIST in the

prompt and efficient execution of this law, whenever their services may

be required." And what is the fate you have provided for the "good

citizen," who, believing slavery to be sinful, cannot, in the fear of

God, "aid and assist" in making a fellow-man a slave? Any person "who

shall aid, abet, or assist" the fugitive "directly or indirectly"

(cunning words) to escape from such claimant, as, for instance, refusing

to join in a slave-hunt when required, shall be fined not exceeding

$1,000, be imprisoned six months, and pay the claimant $1,000. I hope,

Sir, you are now able to perceive that your law has a preeminence in

barbarity over its predecessor. And now, Sir, please to recollect, that

party discipline, aided by the influence of Messrs. Webster and Clay,

and the factory and cotton interest of Boston and New York, could not

procure for this atrocious law the votes of _one half_ the members of

the House of Representatives. Of two hundred and thirty-two members,

only one hundred and nine dared to place their names on an enduring and

shameful record, while many basely deserted their seats, fearing alike

to vote either for or against it. You, Sir, following Mr. Webster's

advice, "conquered your prejudices," and in company with _two_ more

Northern Whigs, one of them a native of Virginia, cast your vote for

this bill of abominations. But, although you voted for the law, you do

not wish your constituents to suppose you approved of it. "It will not,

I trust, be inferred from any thing I have said, that I consider the law

which has passed unexceptionable. There are amendments which I strongly

desire to be introduced into it." What are the exceptionable features of

the law, what are the amendments you desire, you refrain from

specifying. But you tell us that you would have labored for these

amendments "had it been possible, but every body knows that it was

_impracticable_." You allude to the _previous question_, which prevented

both discussion and amendments. But why, then, did you vote for an

objectionable bill which could not be amended? Here, again, we have one

of your unfortunate reasons. "I deem conformity to the design of the

Constitution more important than the objectionable details of the bill."

So, by your own confession, had there been no previous question, you

would have swallowed the bill with all its objectionable details, out of

reverence for the _design_ of the Constitution, although that design

neither embraced nor required a single one of those details. Did you,

Sir, vote _against_ the previous question? On this point you are silent,

and the minutes afford no information; but _if_ you did, your vote was a

most remarkable aberration from your proslavery course in Congress.

_After_ the previous question had been seconded, it was moved to lay the

bill on the table. Had this motion been carried, you might have

introduced another bill, omitting the "objectionable details," but you

voted with the slaveholders. The slaveholders then moved that the bill

be read a third time. Had this been lost, there would have been a chance

of correcting the "objectionable details." Again you voted with the

slaveholders, and a third time, also, on the main question.

I will now, Sir, call your attention to the disastrous influence which

your law has exerted on the _moral sense_ of the community. Says

Coleridge, "To dogmatize a crime, that is, to teach it as a doctrine, is

itself a crime." Of this crime of dogmatizing crime, Mr. Webster, and

most of our cotton politicians, and, alas! many of our fashionable,

genteel divines, are guilty; nor are you innocent, Sir, who in your law

require "GOOD citizens" to aid in hunting and enslaving their

fellow-men.

A Letter to the Hon. Samuel A. Eliot, Representative in Congress From the City of Boston, In Reply to His Apology For Voting For the Fugitive Slave Bill. · 第 2 / 4 段