Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The decisions of the Supreme Court are entitled to great consideration,
and will not be mentioned by me except with respect. Among the memories
of my youth are happy days when I sat at the feet of this tribunal,
while MARSHALL presided, with STORY by his side. The pressure now
proceeds from the case of _Prigg_ v. _Pennsylvania_ (16 Peters, 539),
where is asserted the power of Congress. Without going into minute
criticism of this judgment, or considering the extent to which
it is extra-judicial, and therefore of no binding force,--all
which has been done at the bar in one State, and by an able court in
another,--but conceding to it a certain degree of weight as a rule to
the judiciary on this particular point, still it does not touch the
grave question which springs from the denial of Trial by Jury. This
judgment was pronounced by Mr. Justice Story. From the interesting
biography of the great jurist, recently published by his son, we learn
that the question of Trial by Jury was not considered as before the
Court; so that, in the estimation of the learned judge himself, it was
still an open question. Here are the words.
"One prevailing opinion, which has created great prejudice against
this judgment, is, that it denies the right of a person claimed as
a fugitive from service or labor to a trial by jury. This mistake
arises from supposing the case to involve the general question as
to the constitutionality of the Act of 1793. But in fact no such
question was in the case; and the argument, that the Act of 1793
was unconstitutional, because it did not provide for a trial by
jury according to the requisitions of the sixth article in the
Amendments to the Constitution, having been suggested to my father
on his return from Washington, he replied, that this question was
not argued by counsel nor considered by the Court, and that he
should still consider it an open one."[166]
[166] Life and Letters of Joseph Story, edited by his Son, Vol. II.
p. 396.
But whatever may be the influence of this judgment as a rule to the
judiciary, it cannot arrest our duty as legislators. And here I adopt
with entire assent the language of President Jackson, in his memorable
Veto, in 1832, of the Bank of the United States. To his course was
opposed the authority of the Supreme Court, and this is his reply.
Public-domain text, read in full here on John Shaqi.
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