Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1850-06-20
Mann and Webster.

Horace Mann has replied to Daniel Webster's
Newbury Port address in which it is claimed by
the Boston Courier and other whig organs of
that stamp the former was annhilated by the
latter. To show our readers how far this was
done as well as to give them a sample of Mr..
Mann's effort, we select the following extracts
commencing with a quotation from Mr.. Web
ster's address,
| have seen a publication by Mr.. Horace
Mann, a Member OF Congress from Massachu-
setts in which find this sentence. Speaking
of the bill before the House, he says: "This bill
derides the trial by Jury secured by the Constit
tuition. A man may not lose his horse without
ripht 10 this trial, but he may lose his freedom.
Mr.. Webster speaks for the South and for Slav-
cry, not for the North and for Freedom, when he
abandons this right" This personal vitupera'
ton does not annoy me, but lament to see a
public man of Massachusetts, SO crude and con-
fused in his legal apprehension, and so little uc-
quainted wththc Constitution of his country as
these opinionseyince Mr. Mann to be.
His citation Of supposed case, as in point, if
| it have any analogy to the matter, wood prove
that if Mr. 1ann's horse strayed into his neigh
bors field, he crnnot lend him back Without pre-.
uiouS trial by Jury 10 GScertat The right Truly,
if what Mr. Mann says of the provisions of the
Constitution in the publication be test of his
accuracy in the understanding Of that instru,
menl, he would do well not to seek t. protect
his peculiar notions under its sanction, but to
appeal at once, as others do to that high author
ity which sits enthroncd above the Constitution
and above the law.
On this Mr., NJ thus comments:
Mr. Webster "laments to see public man Of
Massachusetts SO crude and confused in his le-
gal apprehension, and so little acquainted with
the Constitution Of his country as these opinions
evince Mr.. Mann to be-" Yet he points out nc
error of opinion Specifies nothing as unsound
He presents no information, indictment. IblI Of
particulars, or even the common coupts."-
Judgment and condemnation alone appear. lie
seems to have taken it for granted that he had
only to say was guilty, and then proceed tt
to punish. protest against, and impugn this
method of Proceeding, by any man, however
high, against any man, however humble.
When Mr. Webster penned his "lementati'
ons' over my crudeness, confusion and ignor
ance, he doubtless ment to deal me mortal blow
The blow was certainly heavy but the question
still remains ,cl,ether II hit. Polyphemus strucE
hard blows, but his blindness left the objects
OF his passions unframed.
But wherein do these erroneous "opinions'
consist which Mr.. Webtter does not degn tt
specify, but assumes to condemn Fortunately
In writing the sentences which he quotes TO
anlmadversion, followed the precise meaning
OF Judge Story, as laid down in his Commonta
RES; and in regard to the only point which il
open to question, Itook The exact tcOrds of tina
great Jurst. lie speaks of 'the right of tri
al by Jury, in civil cases." as an existing RICH
before the seventh article of the amendment t.
the Constitution, which preserves this right "il
SUITS at common law" had been adopted.
Comm o2S. Instead of transcribng Judgt
Storys words, 'in civil cases." which present.