The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-07-25
lRepublished With Notes. J
LETTER II.
LIZ En- IL.
To The Editors Of The Boston alias

To the Editors OF The Boston alias;
GENTLEMEN; Your semi-weekly Of the Il st inst
contains letter Of the Hon. Daniel Webster, in
which he has been pleased to refer to me. wish
TO reply. To prevent all chance of mistake,
quote the following passages
"But, at the time nothing IL more false than that
such jury trial is demanded in Of this kind by the
Constitution either in its letter In it's spirit The Cons
tuition declares that in all criminal prosecutions there shall
be trial by jury. The claiming of fugitive slave Is not
a criminal prosecJtiep.
se-7'<Sy- sisss r-ss-- '<'sas-
law by jury shall be the retaining Of
fugitive slave is not suit the Ig- and there Is
5aaee sentence IN the NVnsNtuAon having The
least bearing the subject.
81 have seen publication by MIR. Horace Mann, mem
Der OF Congress from Massachusetts, IN which md this
sentence Speaking Of the bill before the House he says
ton may not lose his without right 70 this
but he lose his freedom Mr. Webster speaks for
when he abandons this right This personal vituperatOu
does not annoy but lament 10 public Of Mas
sachases crude and confused In his legal spprehensons
aud 50 little acquainted with the Constitution Of his country
~ these opinions ernce Mr. Mann 10 be- Hs citsen Of
supposed case as in point have any snslcsy 10 the
matter would prove that Mr. msnn horse stray Int his
neighbours hsd he ooRo iead him back iiost prepioBs
final jury 10 ascertain the right Truly II what Mr. Mann
Of the provisions the this pub
bea test Of his accuracy the understanding nstru
men he would 40 vel not 20 seek to protect his peculiar
notions under its sanction but % appeal at others
do to that higher authority which sits enthroned above the
Constitution and above the law"
must deny this charge Of personal vtupera-
tion," and | regret that Mr. " ebs,er, while dis
claiming annoyance at what | said, should be-
tray il. ! believe every part of my Letter. TO
be within the bounds of courteous and respectful
discussion. There is nothing in it which might
not pass between gentlemen, without inter
rupting relations. of civittty and friendship
7 n5oy regrct at MS mover posIrldu auor
dissent from his unwonted doctrines yet IL abounds
ia proofs of difference to himself must now
however, be permitted to add rhat'the highest
eminence becomes unenviable, when it breeds in
tolerance Of dissent, or bars out the humblest
man from free expression Of opinion.
Mr.. Webster "laments 10 see public man Of
Massachusetts, so crude and confused in his legal
apprehensions, and so little acquainted with the
| Constitution of his country, as these opinions
evince Mr. Mann to be- Yet he points out no
error of opinion. He specifies nothing as unsound.
He presents no information, indictment, bill Of
particulars, or even the common counts Judg-
ment and condemnation alone appear He seems
to have taken it for granted that he had only TO
say was guilty, and then proceed to punish
protest against and impugn this method OF pro-
ceeding, by any man, however high against any
man, however humble
When Mr. Webster penned his lamentations"
over my crudeness confusion, and ignorance, he
doubtless meant to deal me a mortal blow The
blow was certainly heavy; but the question still
| rctnains WH6RfT Hu' Toiypnchuo sTuch hhiu
blows but his blindness left the objects of his pas
sions unharmed.
But wherein do those erroneous "opinionso
consist, which MIR. Webster does not deign to
| specify, but assumes to condemn Fortunately,
in writing the sentence which he quotes for ami
msdyersion, | followed the precise meaning of
Judge Story, as laid down in his Commentaries;
and in regard to the only point which is open to
a question, took the eroct words of that great
I =
Jurist lie speaks OF the right OF triai oy jury,
in civil cases" as an existing right before the
seventh article Of amendment to the Constitu-
ton, which preserves this righ Tin suits at common
law" had been adopted.-3 Comm, 62S. Instead
of transcribing Judge Storys words, "in civil
cases" which present no distinct image to common
minds, supposed the everyday case of litigation
respecting horse, which Is a civil case aud
this difference OF form is the only difference be-
fxsNp Wild 1gHase, IRA TIA. NJ ths leaEgsA Ndfs
button. after reposng from this i'll tempered at
tack upon me. than TO awake and find that 1t was
Judge Story whom he had been msligning
1 Does not the authority of Judge Blackstone
also support nv position2
aR.spture or r.nris, saws he is another .peess Of
remedy, by the m re act Of the party injured. =
But as the public peace superior consideration 70 any
one mans private property ana as, indivaaas were
uries ali social stiee must cease the strong would give
law to the weak and every would revert TO state Of
nature for these reasons ~ provided INA. inns haaurs
ton must occasion strife and bodily contention or sdanger
the peace society. H. for instance my horse taken
away and hnd him IN common iai, or public inn,
Sr.ssng omen prIyat. stable or entering on The grounds
Of third oer son 10 take him. should he be feoniou.y
stolen but mast AaUs 'eoo#'s 10 a" action nj lane ID
Com, 80
But the opinion expressed by me on THIS point
does not need the authority OF any name 10 sup
port 1t and the ILLUSTRATION which gave ID not
only ineligible to every sensible man, out 10 also
opposite. said "a man may not lose his horse
his property in horse without right 70 TINS
trial" Mr. Websters comment rs that TINS
case, "if 1t have any analogy 10 the matter
means that II mans horse stray into his neigh
boris field, he cannot ieodhrm back wahom previous
trial By jury 10 ascertain me rigM" Was ever the
plain meaning OF a sentence more exactly changed
aDou', emu LOT emu MT Weos.er may P''o"
snmmerseas WIN MS Jun % ga "a. mAu az
r'sh. W Pr" . sn0n Wv" ~ I'M 1s", % 49,.
~ ~. 80 n -, 80 H. ,rai ~ inry To saws
Wa man eanno, ind or r.tok, lost korse With.
nrav;ons ,r;olI D,Ies ssI des,,,ey, /, Ioco
~. !, - r,aasan, 20 see grave senator NAV mon
VI, - 49, nnst no so,ns Wi, 20 reie.m 4,
s SO.us ,, lii
run ,hs ch;,d;sbnsss NJ this criticism IL mt tn
80, sea,ure WHAT IL the great ,rmb which
NJ Wehs,er and bis anolo0ists attemnt here 10
r;d,on,e7 II "a that while every man amongst
40 In rsoard 20 anv niece OF propertv worth more
~, twenty dollars Of which violence or fraud
aa o,,.,nn, 20 dssnoil him has a RIGHT N n trial
h~ INV vat mans freedom and that Of His nos.
~ III s,ysver NAV he wrssted from him az onr
To- 49, stands w,bout sucb tyia, Does mot
.h,s hold mans freedom 10 he Of Iess value thar
$3.50 aoIIars7 ~ two aaver.e claimants con.
Wv, .;,,a 20 on alleged s,sve wbose msrLst vslns
10 more than mi. su,o each IL entitled 70 ;nry
% nv nv ,hs Fac, If ownershin Rnt n the alleged
sI. ~ S.c,arss Mere In Massachusetts that he
o~ns himself be II debsrr,d from this rIsht And
,h;s ,rn,h q, a common illustration Of n NJ
Wshstsr and bis snoloy;.ts think a suitable tonic
1891 - .I...r.-u, A eo-.;-, .-.-.-t -.