New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-12
MIR. nrnnn and bgr. Web,tsr-A hard mn

il is known to the public that Mr.. Webster re.
Gently addressed q letter to certain gentlemen Of
| NewbuTypurt, ia which he took occasion to com
ment with great severity upon some opinions put
forth by Horace Mann in his late address to his
constituents. AS We have not Published the New.
buryport letter DO lot intend 70 copy the reply
but the latter contains ono or two hits, as fair as
they are bard, which cannot DO omitted from
our columns. Mr. Mann begins by quoting the fo.
lowing passage from Mr.. Websters letter:
have seer publication by Mr. Horace Mann, Mem.
Der OF Congress iIom iGssachusss IN which fni this
sentence Speaking Of d bll before The House be saws;
This bill CeridcG the trial by Jury secured By the CODst.
luton nsn may not lose bis rise without ri IN n
this sl Int be may Lose his freedom MIR Webser snsst
for tic South and for Slavery not Tor the North aud r
Freedom, Wien be sbandors this right This psrsooal
vupersuon does not annoy ne but lament to sss public
man q hesfachusetis crude and confused Ia bis legal
tpprehs nsions and 90 hie acquainted with tbs CJnsdu
Hs csiion OF supposed case In point if have any
snaosy TO he matter, would prove that # SIR. Msnus
i7ihouf Trrioas trial bV Jy ne RIGHT Tru.
~ what Mr Mann says OF the provsions Of the Cons.
deTaiGndug Of That inauuneni 10 would 90 wen not 10
seeh 10 protect bis peculiar MOTORS under lis sAacoa
10 appeal 81 orce, Others do TO ahgh suh)ry which
ss enihrcned above the Constitution and L5cys Tie Gw
On this MIR. NJ. thus comments
Mir. Webster "laments to see public man Of
Massachusetts SO crude and confused in his legal
approximations, and so little acquainted with the
Constitution Of his country as these opinions
evince Mr.. Mann to be-" Yet he points out no
error oil opinion. He specifies nothing as unsound
lie presents no information, Indictment bill Of par.
Lceiars, or even the common counts" judgment /
and condemnation alone appear. He seems 10 /
have taken it for granted that he had only 70 saw |
was guilty, and then proceed to punish. or5 |
ttst against and impugn this method of proceeding |
oy ~ rIy man however high against any man, how
When AIR. Webster penned his "Iamenta,io,s
over my crudeness confusion and ignorance. he
oooouess meant TO deal me a mortal blow. TIE
blow was certainly heavy; bat the question stjII
remains WAether az h. Polyphemus struck hard
sions unframed. Pas
But wherein DO these erroneous opinionsp con.
sist, which Mr.. Webster does not deisn 10 soecif1
but assumes 70 condemn Fortunately. in ar,;1,
tne sentences which he quotes for aninadyersio51
l followed the precise meaning Of Judge Story. ne
lad down IN bis Commentaries; and in regard 70 |
,hle only point which IS open to question took
ne exact tro, dS Il that great Jurist He speaLs of
the right of trial by jury in civil cases" "a an
e&laurg night tet0rc the seventh article of tina
amendment TO the Constitution which p,eseyrs,
MS rgM "in suits az common law" had besn
suopitd. Comm. 62S. Instead Of transcribing
Judge storys words, Gin civil cases" which prs'
mt 10 distinct image to common minds, supposed
-ey Ntt4S " Ll,Alll respecting n ]
horse, which is civil case y nd this dif,srs1cs
y form IS the ooly difference between my language
md that Of the learned Judge. can wish Mr.
W eoster no more fitting retribation. after reDorpe
rom this " tempered attack upon me. thar ~
awake and hnd that i was Judge Story whom he
lsd mslgned. ~
boe me opll9a expressed by me on this point.
Ices not need the authority Of any mama to snnnort
ard the Illustration which give is not oaIy ia.
elg,oie to every sersih man, bu, is also Apostle
sag men may DOT lose his horse Ibis property
q horse without right to this trial. Mr VIZ
ters comment is that this case, If it have anv
naioey to the matter, means that if a mans
orse stray into bis neighbours field, he eaaaot
ad hfn back riA9rt preri0us triai b. jnrv. 10
lccrfoiR the rlgkh" Was ever the plain me aning
sentence more exactly changed about, end for
I'd Mr.. Webster may pitch summersets with
OWL doctrines but be has no right to pitch them
i'll mine. said man may not lose his horse. or =
5 property in horse. without right to the trisl
jury. He says said, a man cannot find or ~ 9
&c lost horse without previous trial Dalcs d