Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1859-06-02

visions of this odious statute would
never be enforced within the bounds Of
this State.
But | have another reason to offer
why | should not be sentenced, and
one that | think pertinent to the case.
| have not had trial before jury of
my peers. The common law of Eng
land-and you will excuse me for re-
ferring to that, since | am but a pri-
vate citizen-was that every man
should be tried before jury of men
occupying the same position in the
social scale with himself. That lords
should be tried before a jury of lords;
that peers of the realm should be tried
before peers of the realm; vassals be-
fore vassals, and aliens before aliens,
and they must not come from the dis
trict where the crime was committed,
let the prejudices of either personal
friends or foes should affect the ac-
cuscd. The Constitution of the United
States suarantees-not merely to its
citizens, but to all persons trial be-
fore an impartial jury. have had no
such trial.
The colored man is oppressed by
certain universal and deeply fixed
prejudices. Those Jurors are well
known to have shared largely in these
preludiccs, and | therefore consider
that they were neither impartial, nor
were they jury of my peers. And
the prejudiccs which white people have
against colorei men grow out of the
facts, that we have as people consent
ed for two hundred years to be slaves
Of the whites. We have been scourg-
ed, crushed and cruelty oppressed, and
have submitted to it all tamely, meek
ly. peaceably; | mean as a people, and
with rare individual exccptions-and
to-day you see us thus, meekly sub
mitting to the penalties of an Infamous
law. Now the Americans have this
feeling, and it is an honorable one,
that they will respect those who will
rebel at oppression, but despiscd those
who tamcly submit to outrage and
wrong; and while our people as peo-
pie submit, they will as a people be
dcspised. Why, they will hardly
meet on terms of equality with us in q
whisky shop, in car, at a table, or
even at the altar of God. SO thor
ough and hearty contempt have they
for those who will meckly lie still
under the heel OF the oppressor. The
jury came into the box with that feel
ing. They knew they had that feeling
and so the Court knows now, and
knew then. The gentlemen who pros.
ecuted me, the Court itself, and even
the counsel who defended me, have
that feeling.
/ was tried by jury who were
prejudiced; before a Court that was
prejudiced; prosecuted by an officer
who was prejudieed, and defended
though ably, by counsel that were
prejudiced. And therefore it is, YOU
Honor, that | urge by all that is goot
and great in manhood, that | shoulc
not be subjected to the pains and pen
alties of this oppressive law, when
have not been tried, either by jury 0
my peers, or by jury that were i'm
partial.
One more word, sir, and | hay,
done. / went to Wellington, know
ing that colored men have no rights il
the United States which white mel
are bound to respect; that the Court
had so decided; that the Congress ha,
so enacted; that the people had SO de
creed.
There is not spot in this wild
country, not even by the altars of God
nor in the shadow of the shafts tha
tell the imperishable fame and glory Q
the heroes of the Revolution; no, no
, in the old Philadelphia Hall, wher
any colored man may dare t
ask a mercy of white man.
Let Inc stand in that Hall an
tell United States Marshal tina
, my father was Revolutionar
soldier; that he served under Lafayette
and fought through the whole wal
and that he fought for my freedom a
much as for his own; and he woul
sneer at me, and clutch mc with hi
bloody fingers. and say he has righ
/, to make me a slave! And when
; appeal to Congress, they say he has
; right to make me slave; when az
peal to the people, they say he has
: right to make me slave, and when
appeal to your Honor. your Hone
G says he has a right to make me
| slave, and if any man, white or blacl
. seeks an investigation of that claim
: they make themselves amenablc to ii
b pains and penalties of the Fugitis
Siava Act for llacl mo, bava =,