The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1852-09-30

law where the value in controversy hail exceed twenty
dollars the right OF Trial by Jury shall be preseved This
clause which was in the original Constitution
suggested by the very spirit of Freedom AT
t9e National Convention Elbrdge Gerry refused sign
Nonstlution because among ofner things established
tribunal i1ttho1 Jies, Star Chamber 10 civil cases"
~ ~ - dnu On ths feeoiehienaallon
OF tue First Congress this additional Safeguard adopted
as an amendment.
Now regarding the question as one of property or of
Personal Liberty, i'll either alternative Trial by Jury
secured For ths position authority ample. In the de-
South Carolina, Mr. Smith, The asseTtedght of
property Objected on this floor TO reference Of the
question: under the writ Habeas Corpus TO judge with
anry Speaking solely for property these were his words
This would give the judge the sole power OF decaing
the right Of prsrty claims ms slars lstead
He would be judge of matters of law and matters o ac
clothed the powers OF court Such principle is
unknown in your OF Jurisprudence Your Constu
ton has forbid If 1t preserTs the right Of Trial by Jury IN
doIlars.tDebates in National tteAageaeer June Is,
But this provision repeatedly discussed by the
Supreme Court thaits meaning is open doubt
be 'a suit secondly Eat law" and thirdly
where the value in controversy exceeds twenty dollars
In every such e right of Trial Jury shall be pre-
served" The decision of the Supreme Court expressly
touches each Of these points.
FIRST In the ofCohtns Virginia, (6 Wheaton, 407
the Coursay What is snR We understand it TO be
the prosecution OF some claim, demand request" OF
course, then, the claim for afugiiIve be suit
Secondly. In Parsons Bedford, e Peters,
1861 while considering this clause the Court say By
recognised among old and settled proceedings
suits in which legal rights were TO be asceaned and deter
strue embrace all which of Equity Adm
rally jurisdiction, uhatuer may be the peculiar form hich
claim fugitive Equity Admiralty, but
settle what called legal rights, it must, of
course, De 81 suit at common law"
Thirdly In the Of Lee Lee, Is Peters, Az on
question whether "the value in controversy was one
Thousand dollars and upwards objected that the ap
pants who petitioners for Freedom were not Of the
value OF thousand dollars But the Court said Inc
dispute is the Freedom OF the petitioners THIS
,suea es Of he Of the or course then
and necessarily presumes that the value Ia
exceeds twenty dollars" ...,
By these successive steps, sustained by decisions Oh the
hghest tribunal appears, in diagran that the right
of Trial by Jury is secured the fugitive from labor
This conclusion further authority but may
curious illustration from the ancient records Of the
stituton II is said by Burke his magnificent speech
Cancellation with america, that " nearly as many of
and carrying thther the knowledge of those vital prnci
pies Freedom which were the boast of the British Con-
I1bued by these, the earliest Continental Con-
eress in 75 declared, respective colonies are
entitled the law of England and especially the
and nestmabe privilege of being tried by their
of the vicinage according the of that law Thus
amidst the troubles which heralded the Revolution the
common law claimed by fatheas birthright.
Now although the common law not be app cached
source of jurisdiction under the National Con ution-
and this point do not dwet is clear that may be
employed in dtatning e1neanng Of technical terms in the
pressly by Mr. Madison his celebrated report
of l7g9 while restraining the extent to which the
Trial By Jury which, though, secured,
bed by the Constitution also OF BH OF Attdtde the Writ
the Constitution, borrowedfrom the law. By this
law and its associate Chancery, learn what co&es
States is extended These instances adduce merely by
way of example OF also in the way that
Now, principle and authority claim the dcoey of
fugitive SLaue suit at la,U and is embraced
naturally and necessarily in this class of judicial proceed
ings This proposition can be placed beyond question.
History painfully that during the early days the
common law, and down late period, system of
svery existed in England, known under the ua
age The slave generally called uain though, in
plying slavery by birth. The incidents ofths condition have
been mnuey described and also the mutual remedies of
law. Slaves sometimes then, escaped from
their The claim for them after such escDpe
prosecuted by "suit awn to which,
ry common law the Trial by Jury necessarily
tached Blackstone in his Comm sntaries (vol IL D. e3)
in words which must have known lawyers Of
the Convention, said OF UdS They could not leave their
lord without his permission but if hev ran aruay or were
puroined from him. might be and recovered by
TIoy, like beasts other cattle. This very word acon
Of itself implies "a suit common law' with Trial by
From other learn precisely what the action
says, Year Books ofEn;res full
used pleading title villains" Though longer
opractia value in England they remain as monuments of
Jurisprudence, and the memenoes of barbarcus nstu
on He thus describes the remedy ofthe master at
sThe lords remedy for fugitive villain was either by
seizure or by sueing out WITT OF Ndto Ha0esdo or Ney
is sometimes called Ii the lord SEIZED the Villains
aecua mode of recovering liberty by the writ of
Ronli7e Rope giando, which had advantage the
writ OF Iiabeas Corpus In the Hqbeas Corpus the return
be contested by pleading against the truth of it. and
not 20 to jury for trial But in the Hosnine Reiaado it
otherwise. The plaintiff, the detendents pleading
impeaded by the lord Habenao. 1.-THE lord sued
out Natiro HG6c6do and the vainage was denied, in
which tn lsher could not seize the vain the lord
as then to enter ms plant m the county court and as the
sheriff allowed to Try the question of villain
age his the lord could have benefit from the
writ without removin BY the writ of Pone rto
the Kings Bunch Common Pless"t20 Howells State
authority Mr.. Hargrave sufficient. But desire
matter beyond all cav From the Digest ofLord
Rarn the n
tntion othe classics of Jurisprudence, derive
other description of the remedy of the master
fthe lord claims Inheritance in his villain, who flies
from his lord against his WILL ard lives in place out of the
manor TO which he is regardan the lord shall Natuo
Habendo. And upon writ, directed sheriff, he
may seize him who does not deny himself to be villain But
him. the lord the writ by Poe be-
fore the Justices IN .Te, or in G. B. eh.re he mast count
An early writer ofpecula authority, Ftzherber in his
Nora Breutn the writs ofthe common law thus de-
he writ fe Vatiro Habedo lieth for the claim
him and is remaining within any place ofthe
which he regardant when he depareth from his lord
sheriff. And the sheriff sieze the vain and deliver
viain but if the villain say the sheriff that he is
frank then seemeth that the sheriff ought not to seize him.
as It is IN me deenoent clam propery
dc PoGte Probadd; and so the villain say that he
freeman, &c. then the sheriff ought not 10 seize him, but
lord ought the plea before
the justices of the Common Pleas before the justices in
eyre But the villain purchase Ltberate Proboz
da before lord hath sued the Pone remove the plea be-
the Justices then LbeTtae Probalda is
Supsededs the lord that he proceed the writ
Hnb1do till the justices, and that he lord
ought the villain in the time.-(Vo l,
76)
The FORMS writs, counts, pleadings and judgments in
these SUITS al preserved among the Frecedens OF the
common The writs known original writs which
party either sde at the proper STAGE could sue out of
right without showing The wait of Lbrtate Proban
da a fugitive slave in this form:
ssLi6eYtdte Probunda.
The king the sheriff. &c. A. and B. her sister have
showed that whereas they free women, and
ready prove their liberty claiming them to be his niefs
unjusty them, and therefore we command you that
fthe Aforesaid A. B. shall make you touching the
proving liberty then put that plea before justices
because this kind beongeh take and
the time the said A. and B. to have peace
hereupon tell aforesaid F. that he may be there, if
his plea thereof against the aort said A
B. And have there this writ. Witness &c"-Fnzher
bert, Vol, l. p. ~
By these proceedings all ending Trial by jury
Personal Liberty guarded in the early unrefned
am barbaous days OF the common law. Any person claim
as fugitive slave mi gh invoke this Trial sacred
Whether the master preceded by seizure he
legal the Trial by Jury
mon law before the high courts of the real
equally In the osezure the fugitive
ing proceedings might institute process against his
appeal and jury In the ofprocess by
master wachullaw secured the fugitive the
protection By urgency Of orce by device of process
could claimed slave be defrauded this
Trial. Such the common law fits early boast that
there could slaves in England fails be true this
least may its pride that according ndispuabe prn
ces the Liberty OF every man placed under the guard
of Trial by Jury.
These things may us; but they must have
those from South Caroua through Influence the pro
vision subject adOpted Charles