The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02
VOL. vi.

I 7 prOeeCuIo M ~
thereof against the aforesaid A. and b. And b peA
there this writ Witness, &c.'-( Eftxkeybert VOL
p ~ WI l.
by these various proceedings, all ENDING :,
Trial by Jury, Personal Liberty was suardod
even IN the early, unrefned, and barbarous d.,
OF the common law. Any person claimed as -
fugitive slave might invoke this Trial 90 80
cred right Whether the master proceedad h.,
seizure, as he might, or by legal process ,bs
Trial by jury IN suit al common law boCoro
one OF the high courts OF the realm. was eo,,0I
ly secured. In the case OF seizure, the f,oi,;,a
reversing the proceedings. might institute r,o
cess against his master and appeal to a com,
and jury. In the case of process by the master
the watchiul law secured TO the fugitive an
same protection. BY no urgency of force b.,
no device of process, could any person cla;moa1
as slave be defrauded of this Trial Such was
the common law. If its early boast, that thers
could be no slaves in England. fails TO be trna
this at least may be its pride, that. ACCORDING to
its indspuable principles, the Liberty OF every
man was placed under the guard of Trial nv
Jury.
These things may seem new TO US but thew
must have been known to the members of the
Convention, particularly TO those from South
Carolina, through whose influence the provi-
sion on this subject was adopted. Charles
COIesworth Pinckney and Mr.. Rutledre had
studied law at the Temple, one of the Euglish
Inns of Court. 1t would be discredit to them
and also to other learned lawyers, members of
the Convention, TO suppose that they were not
eOnVersant with the principles and precedents
directly applicable TO this subject, all Of which
are SET down In works of acknowledged weight
and al that time OF constant professional study
Only short time before, IN the case of Some
seH, they had been most deliberately examined
in Westminster Hall. In forensic effort of
unsurpassed learning and elevation, which of
itself yindcates for It's author his great urdjcal
name, Mr.. Hargrave had fully made them
known TO such as were little acquainted with
the more ancient sources. But even if we
could suppose them unknown to the lawyers of
the Convention, they are none the less april
cable in determining the true meaning of the
| Constitution.
The conclusion from this examination is ey
plicit. Clearly and ndisputaby, in England
the country OF the common law, claim fora
fugitive slave was " a suit at common RwD
recognised among It's old and settled proceed
ings." To question this, in the face of aulben
tic principles and precedents, would be prepoS
ferrous. As well might ii be questioned that
IL %
for land, was "a suit al common law" II
follows, then, that this technical term of the
Constitution, read in the illumination of the
common law, naturally and necessarily EN-
braces proceedings for the recovery of fugitive
slaves, if any such be Instituted or allowed
under the Constitution. And thus, by the letter
OF the Constitution, in harmony with the re-
| qulrements Of the common law, all such per
\ uba ,,la k,t tlo;.
titled to a Trial by Jury.
Such, sir, is the argument, briefly uttered,
against the constitutonaty of the Slave Act
Much more might say on this matter; much
more on the two chief grounds of objection
which have occupied. But am admonished
| TO hasten on.
| Opposing this Act as douby unconstitutional
| from want of power in Congress and from
denial of Trial by Jury, find myself again en-
| couraged by the example Of our Revolutionary
| Fathers, in n case which is one of the land
marks of history The parallel is important
and complete In l765, the British Parlia
ment, by notorious statute, attempted TO draw
money from the colonies through stamp tax,
while the determination of certain questions Of
| forfeiture under the statute was delegated-not
| to the courts of common law-but to courts OF
Admiralty without a jury. The Stamp Act,
now execrated by all lovers of liberty, had this
extent and no more lis passage was the sig
nal for general fame of opposition and lndlg-
nation throughout the Colonies. IL was de-
nounced as contrary TO the British Constitution
on two principal grounds; first, as a usurpa
ton by Parliament, of powers not belonging to
it, and an in'rac,ion OF rights secured to the
Colonies; and secondly, as denial of Trial by
Jury in certain eases of property.
The public feeling was variously expressed
| AT Boston, on the ARRIVAL of he stamps, the
shops we've CLOSED, the bells of the churches
toled, and the flags Of the ships hung at hall
mast AT Portsmouth, in New Hampshire
| the bells were tellea. and notice given to the
| friends ~ lsibelty ta hold themselves in readl-
ness 81 attend hes Nnctal At New York
letter was received isN,n Franklin, then in Lon
| don, written on The dAy after the passage OF the
| Act, IN which he SAID The sun OF liberty IS
| set" The obnoxious Act. headed Folly oil
England and Rum " America" was con
| tcmptoously hawkeyi through the streets. The
merchants OF New York. inspirsd then by Lab
erty. resolved 10 import no more goods from
England until the repeal of the Act; and then
| example was followed shortly afterwards BY
| the merchants of Philadelphia and Boston
Bodies OF patriots were organized everywher
under the name of Sons of Liberty" Tk
orators also spoke. James Otis with fiery
tongue appealed to Magma Charta.
OF all the States, Virgina-whose shield
bears the image Of Liberty trampling upon
| chains---frst declared herself By solemn reso-
| luons, which the timd thought treason
| able :" but which soon found response. New
York followed. Massachusetts came nez,
L. al Il Il l.
| Adams. In an Address from the Legislatup
| 10 the Governor, the true grounds Of opposuon
| TO the Stamp Act, concident with the two
| radical objections TO the Slave Act, are clearly
| sci forth
:" You are pleased to say that the Stamp Act is sn
act of Parliament and such ought TO be observed
This House sir, has too great reverence for the gu
preme Legislature of the nation. 10 question MS Jp@
authority 1t by no means appcrtains to us 10 pre-
sumo to adjust the boundaries of the JoIcey Of Para
ment bm bonnd0rieS there Hnd0ubtedlg are we
hope may without offence, put your Excelleney
IN mind OF that most grievous sentence oil excemnu
nieation soemny denounced by the Church IN the
name OF the sacred Trinity, in the presence OF klng
Henry the Third and the estates of the realm asa'nq
all tlo@ chO should make statutes OR OBSERVE IHEK'
BEING MADE, contrary 10 th6 HbeTf,eS ~ Mag
Chon0. The Charter of this province invests ns
General Assembly with the pO,cer Of making law: @
its internal government and TAXATION ana TINS en"
ter has never been forfeited The Parliament hS
right to ms AXE ail laws within the limits Of Their own
constitution" THE people complain 'DS1
the Act vests single judge Of Admiralty with pow
TO try and determine their property in controfefs
arising from internal concerns, wnhom tHrg' cor
trary to the very expression of Magma Chsrts una
no freeman shall be amerced hut by the oath OF good
and lawful men Of the vicinsge' ""
deeply regre, that the Parliament has seen ut 10 p
such an act ms the Stamp Act we hatter oursen~
that the hardshps of it will shortly appear 70 se
in such light shall induce them in thor wSd1~
10 repcal it an The taagR t,aS mna beg yo'F 70
eileaey to src7,S from DOING anything 10 ASA" ~
| tie e1eentiOn Of a..
Tins I'm those DAVIS spoke Massachusetts