Year: 1859

n or petty larceny-even in every civil case wher,
e the amount in question exceeds the sum of twenty
dollars denies it where the question is not of o
few dollars and cents, not of few days imprson'
ment, not of paltry fine to be imposed by court


of justice, but in issue which is to determine
our right to liberty itself-a right which We sir,
. are accustomed to hold dearer than ife and which
! there is not member of this tody but would rath-
er lay down his life than surrender? Are we to
be told in the face of tho very words of the Con-
stution that in issue of such grave and solemn
J Importance ns this, have not right to call up,
on a jury of our countrymen to try whether the
facts alleged are true or false?


Ah but gentlemen will say that although they
and entitled to the enjoyment of the right to
trial by jury under the Constitution, there is q
portion of the population who are not, and they
are the colored people of this country.


If the Constitution did not address itself to the
whole people-if the clause which relates to trial
by jury had provided that it should apply to every
body, except black men-there might be something
in this objection. But even then il would not ex-
clude the mulatto, the quadroon, or sny other
shade of complexion except only tie purely black,
for we must always construe in favor of liberty.


But, sir, find no such words in the Constitu.
ton-thoy are not thsfe-and repeat that neither
Congress nor the supreme court have any power
to put them-there.


Besides, sir thero is another phase of this ques
ton. 1t is conceded on all hands, that white men
have right to invoke trial by jury when their
liberties are in question, and it is conceded that
the Constitution does not designate any particular
kind of offence, (uness it be in the land or naval
Tnraas Yin tha kria of l;ol L.
pensed with 1t follows therefore, that if colored
people are to De deprived of this right, it is not
because Of the character of the offence with which
they may be charged, but simply because they
are colored. That is the ground upon which il is
put by the supreme court, 'that they have no
rights which white men bound to respect"
Now what are the facts Did Pennsylvania ever
so understand the Constitution Can any gentle.
man point to an instance, from the formation of
the government down to this hour, where person
charged with an offence or sued for a debt was dc.
MED the right to be heard by jury on the ground
that he was colored2 No, sir, it cannot be done.
Pennsy ylvania never understood the Constitution,
her uniform practice demonstrates directly the re-
verse. If then it is conceded that colored people
have the right to trial by jury in cases. where,
l ask is the authority for denying it to them in
others 1t will not do to say that all are so en-.
titled, except fugitive slaves, for how shall the
State know which of them are fugitives, and which
are not, except by a verdict of a jury.


1t is neither just, nor consistent nor becoming
the majesty of State, to guarantee to it's people
the enjoyment of a sacred right like this in the
trial Of questions which involve merely the proper
ty, the reputation or the temporary confinement of
| a., "a r
slavery on the one hand, and the precious boon of
liberty on the other. What though the victim be
black ? What though he be the humblest member
of the entire community? Does that excuse the
State for suffering her fundamental law to be vio


lated.


If it may DO done in one instance, may it not be
dcne in another? If it may be done in the person
of fugitive from service to-day, may it not be
in that of some other to morrow? When once
breach is made in the guards which are set to
protect our liberties, the steps are easy to their
entire overthrow All history shows by what easy
stages such fatal results have been so often accom-.
plished. We need not 60 far, sir, for an example
Of the evils to which I alude-it is only to Mason
and Dxon's line. Behold tho poor whites of the
South-what is their condition. What has be.
come of their rights, their power and their inAu.
ence? They gone--thoy myth, siri So
far as their voice or influence is concerned in the
conduct of the government, but one little step re.
moved from the very slaves whom they effect to
despise.


Three hundred and fifty thousand potty tyrants,
the slave holders of the South, WELD oil her pow.
ers, and reap all her honors.


t.. oh in fha IL khoC A.
presents to awaken our solictudef


There sir, is arstocracy gone to seed; there, we
behold a banded power backed by untold millions
of capital invested in human chattles. gradually
sinking its poorer classes into the condition of
serfs


Moreover, that colossal power casts its shadow
far beyond the limits Of the slave states. II has
become tho monarch of the time, and rides like
death on the pale horse over the nation. Our good
old Commonwealth trembles at its approach, and
falls off from her allegiance to her early profess
ions. would that little courage could be infus-
cd into her councils. would that she could be
prevailed upon to assert her rights and her dgni'
ty, and fearessly discharge the high and solemn
duties which the evils Of the times impose She
has proclaimed to her people, and to the world,
through her own constitution that the right of trial
BY Jury shall be nviolate, not sometimes, not in |
particular cases. but always and in every casef /
ask that she shall adhere to this declaration /
ask that she shall be consistent! ask that she
shall either repeal that clause in her constitution,
or SEQ that it be enforced Is there anything un-
reasonable in this Is there any thing in it which
true Pennsylvania should hesitate for one mo.
ment to sanction Yet it may be urged, that al
though it is clear the noon day sun, that both
the Constitution Of the United States, and the con-
stitution Of our own State do guarantee to every
member Of society the right trial by jury, there
is an act of Congress which forbids it in certain
cases, and the supreme court having decided that
act to be constitutional we have no right to 90 be-
hind IL. Now, sir, one word as to that point.