, 1860-03-19

species Of property? Did they mean in behalf
OF this property in man, which was regarded as
50 contrary to all natural law--so opposed to
the conscience and moral sense Of mankind,
that the great men who framed the Constitution
refused to allow tie word slave to appear in
that instrument, which they regarded rs great
charter Of Hberty-to overthrow oil the long
established modes Of procedure OF laws Of esl-
dence and modes Of trial which the Common
Law Of the country had for ages provided Tor
lug. claims ofproperty:
Now, why is tliis Fugitive Stare Law SO OBJ
jectionablc in the estimation Of very large por-
tlon Of the best and mott intelligent Of our clti
zens? Is it because they are unwilling to carry
outn good faith this com pact the Constitution
they regard it rs an institution which is pract-
Gully b. yond their control, and they feel the OBJ
legation Of the Constitution as imperative.
No. gentlemen, it is because they regard the
PROVISIONS 0; this law as most dangerous to the
rights Of freemen1. It is because this law vio
lates all those great safeguards for the security
ofpersonal liberty, which they regard us noless
sacred and important than the Constitution
itse,f
It is because this law permits subordinate,
inferior class ofmagstrates, whose only rishtto
act at all is based upon the shallow pretence
that They. do not act Us judges: to give a juds
ment which decides 6naltF and forever the great
question of mans liberty.
It isbccause that highest Of all human rights
the right Of d man to himse1f-is a!llwe1 to be
taken away, and man liviu, in free State
and presumed to he free, 10 be made slave
upon exparte evicence-fiyen in j summary
war without eren tue sanction Of court or
iulcial officer
1t is because the right Of trial By jury, that
greatest Of all the securities Of the lie, liberty.
and property Of the citizen, Is denied under this
Law.
Is not this most Just cause Of dissatisfaction
with this law.
found IN tue state OF Illinois to be his, and his
claim is confessed, cau he take and carry it
AWAY? How, alone, can lie obtain the right TO
the possession Of tue disputed property! Only
by the judgment Of twelve men--swoTn ns you
hare been SWORN tu determine the conflicting
the land and the sworn testimony in the case
giseu uudcr all the fo1ms and sanctions Of a
court ot law.
Now is not the question Of mans freedom ol
more value than bale Of cotton.
Is the greatest Of al1 human rights to be pass.
magistrate who could not luwfnlIy decide upon
the right Of property in dog or an OK?
II is this great outrage upon what il regarded
os the most imnortant of Ill tue securi,ies fol-
the liberty Of the citizen, which constitutes The
principal objection to its enforcement, Out o
this defect springs most Of the excitement
which is aroused Whenever and wherever it il
sought to be executed throughout tic fret
/ States, and which will continue to exlst unit
these objectionable features Of the law IRE re
moved.
| II is from This cause that such prosecution.
as these in which We are now engaSel urisc.
| Ny word for it, gentlemen, if this law gave t
| right to hnre the question OF a MINIS freedom
tried before jury Of twelve men. under all til.
SOLEMN sanctions Of a court Of justice, deter
mined by legal and competent evidence, givc1
openly aud with that right Of cross. examination
OF witnesses so essential to tbs discovery o
truth and the exposing Of falsehood and trapd
and the fact that tile man was s!aye we're es
tablished by the verdict Of q jury-my wore
for it tl.nt certificate under the broad seal o
this high tribunal, setting forth sucl Judgment
would enable tae claimant to 20 fron one ent
Of this State, aye Of this whole country, to th'
other without interruption or molcstation.
| Why was not such provision inserted il hi
act? Is it not demanded by every principle o
justice aud right: Il there any possible e oune
Of reason on which it Gun he maintained that
freeman Of free State should be deprived for
ever Of his liberty without .s the judgment Of
jury Of his peers, according to the law Of th'
land?"
The learned counsel for the Government hay,
invoked, in behalf Of this law, the great nan,
Of Daniel Webster. They hare eulogised hiu
as the intellectual giant Of the agc-the mos
| 1!iustr1ous e1pounder of the Constitution.
| summon III distinguished name in support q
the objection which am urging against til
law.
Nr. Webster himself prepared q Fugitive
Slave law, such as, in his view, it WAS proper
for Congress to pass to carry out this clausc o
tue Constitution in lawful and proper manner
He rose in hts place ia the Senate, IN the Sd o
juno, 1850, and stated that the subject Of pre-
"paricg bill respecting the reclaiu,ing Of fit
! "Eitiye slaves had engaged lis attention at at
"cartJ period Of t1e Session that in pursuance
"of this purpose he hal conferred with some O.
"the most eminent members Of the profession
sand especially with high judicial authnrit,
".sho had had more to do with questions Of thi
''kind than any other Judge In the United
"Statcs.''
This bill, thus prepared by that great states
| man limscff. contained n proris on giving {
right Of trial By jury to determine the que stlo,
1 OF freedom or s'arery.
Under the nc: framed by Mr.. Webster tber,
would have been no difficulty and no excite
u1ent. Il would bare commended itself to th'
calm Judgment aud good $cssc of the country
aod could have been executed withou. seE1ou
interference.
lam notunnindful of the fact which will be
urged in reply, that MIR. Webster did. ut 4 sub
se1uent peiiod, giye his countenance to tIe lav
we are now cons'dtr1ng:; but it is clear that tn
law which he prepared himsc'f, giving jur,
ttill, hud the approval Of his best and most do
libcta:e judgment, and although be yielded
his support to that law Of 1850, yet it was al
time when tho weak ambition Of place and powe
had taken possession of his nature. liz ba'
forgotten that noblest saying Of uoble mau-
II had rather be right than be PresiLen'."
It's the danger Of men in public life to D.
dazzled hy the tempting prizes of worldl
honor. They forget that Offices and honorsar'
but for day and that true and enduring fam
11lr %Nn-t
and interests Of humanity. They forget tia
while The names Of the men who sat in the hi:l
places Of power in England and enacted unjus
and oppressive laws, md Ut the Judges who be
came the willing Instruments oftt!eir execution
have been forgotten or remembered only 10 b
execrated; that the names OF uampdeu ap'
Sidney, men who were tried as criminals an,
executed rs mal.factors for resistance io sucl
tews, have been snshrined for centuries in tn
grateful remembrance Of mankind, and will b
US shining lights forever in the pathway @
human history.
But. gentlemen, not only does this law de
pr.ve the citizen Of the benefit of trial By jur,
llberty--not only does it allow inferior officers
not claimed to hare any jnd1cial character, r,upo,
trpdrke evidence ard affidayits, and after Il hear
Ing required to be ct q sux:n}7ry character, I,
condemn man fouud in free State TO be
slare 'or life. but there is further provision
Of the law which ties up and controls the actio1
Of these Commissioners themselves in name
| 50 opposed to every principle at iustice-s,
liable to he made fhe means Of the crosses
fraud aud villainy-that it seems almost beyon,
belief that such Il provision could hare bee:
enacted BY the representatives Of free people
The 10th Section Of this law authorizes 4,
er.parte record to be made up in the Court Of +,
sfaye State in the absence of the partv 10 b.
affected By it, aud this re:or.i tb:; made mn i
By that section made G5sn!:.t tiY ooac2usire Of th
man described in it being sIavc.
That ! may nut mistake or overstate nbou
this matter, u read you tue section itself:
4ad be tt further enacted, "That when an
"pcrson held tn servicc or labor in auy State O
Territory, or in the District OF Columbia, shal
"escape thereilom the party to whom eucl
"serrice OF }abor shall he due. his. her or thei
"agent or attorney. may apply to any court u
"record therein, or judge thereof, in vacation
"and make satisfactory prootto such court o
"judge in vacation, of the escape aforesaid, ant
"that the person escaping owed service or Ia
"bor to such party. Wtcreupon the cour
shall cause record to be made of the matter
$50 proved, and also 4 general description o
"the person 50 escaping, with such convenien
''certainty smay be; and n transcript of sucl
.*Eecord authenticated br the attcstatat:on q
ssthe clerk and af the seal Of the said court, be
''ine produced in auy other State, Territory o.
''nisteict in which the person 80 escaping ma.
.*he found, and being exhibited to any Judge
Commissioner or other officer authorized b.
"tha Law Of thu United States 10 cause person.
Escaping from service or labor to be delivered
Sup, shall be held and taken to be full mud con
tclu=ive evidence Of the fact of escape, and tha
"the service or labor Of the person escaniug !:
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