Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The conclusion is explicit. Clearly and indisputably, in England, the
country of the Common Law, a claim for a fugitive slave was "a suit at
Common Law," recognized "among its old and settled proceedings." To
question this, in the face of authentic principles and precedents, is
preposterous. As well might it be questioned, that a writ of replevin
for a horse, or a writ of right for land, was "a suit at Common Law."
It follows, then, that this _technical term_ of the Constitution,
read in the illumination of the Common Law, naturally and necessarily
embraces 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 requirements of
the Common Law, all such persons, when claimed by their masters, are
entitled to Trial by Jury.
* * * * *
Such, Sir, is the argument, briefly uttered, against the
constitutionality of the Slave Act. Much more I might say on this
matter; much more on the two chief grounds of objection which I have
occupied. But I am admonished to hasten on.
Opposing this Act as doubly unconstitutional from the want of power
in Congress and from the denial of Trial by Jury, I find myself again
encouraged by the example of our Revolutionary Fathers, in a case which
is a landmark of history. The parallel is important and complete. In
1765, the British Parliament, by a notorious statute, attempted to draw
money from the Colonies through a 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. Its passage was the signal for a general flame of
opposition and indignation throughout the Colonies. It was denounced
as contrary to the British Constitution, on two principal grounds:
_first_, as a usurpation by Parliament of powers not belonging to it,
and an infraction of rights secured to the Colonies; and, _secondly_,
as a denial of Trial by Jury in certain cases of property.
The public feeling was variously expressed. At Boston, on the day
the Act was to take effect, the shops were closed, the bells of the
churches tolled, and the flags of the ships hung at half-mast. At
Portsmouth, in New Hampshire, the bells were tolled, and the friends of
Liberty were summoned to hold themselves in readiness for her funeral.
At New York, the obnoxious Act, headed "Folly of England and Ruin
of America," was contemptuously hawked about the streets. Bodies of
patriots were organized everywhere under the name of "Sons of Liberty."
The merchants, inspired then by Liberty, resolved to import no more
goods from England until the repeal of the Act. The orators also spoke.
James Otis with fiery tongue appealed to Magna Charta.
Public-domain text, read in full here on John Shaqi.
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