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
And still further, as if to do a deed which should "make heaven weep,
all earth amazed," this same Congress, in disregard of all cherished
safeguards of Freedom, has passed a most cruel, unchristian, devilish
law to secure the return into Slavery of those fortunate bondmen who
find shelter by our firesides. This is the Fugitive Slave Bill,--a
device which despoils the party claimed as slave, whether in reality
slave or freeman, of Trial by Jury, that sacred right, and usurps
the question of Human Freedom,--the highest question known to the
law,--committing it to the unaided judgment of a single magistrate, on
_ex parte_ evidence it may be, by affidavit, without the sanction of
cross-examination. Under this detestable, Heaven-defying Bill, not the
slave only, but the colored freeman of the North, may be swept into
ruthless captivity; and there is no white citizen, born among us, bred
in our schools, partaking in our affairs, voting in our elections,
whose liberty is not assailed also. Without any discrimination of
color, the Bill surrenders all claimed as "owing service or labor" to
the same tyrannical judgment. And mark once more its heathenism. By
unrelenting provisions it visits with bitter penalties of fine and
imprisonment the faithful men and women who render to the fugitive that
countenance, succor, and shelter which Christianity expressly requires.
["_Shame! shame!_"] Thus, from beginning to end, it sets at nought the
best principles of the Constitution, and the very laws of God. [_Great
sensation._]
I might occupy your time in exposing the unconstitutionality of this
Act. Denying the Trial by Jury, it is three times unconstitutional:
first, as the Constitution declares "the right of the people to be
secure in their persons against _unreasonable seizures_"; secondly,
as it further provides that "no person shall be deprived of life,
_liberty_, or property, _without due process of law_"; and, thirdly,
because it expressly establishes, that "in suits at Common Law, where
the value in controversy shall exceed twenty dollars, _the right of
trial by jury shall be preserved_." By this triple cord the framers
of the Constitution secured Trial by Jury in every question of Human
Freedom. That man is little imbued with the true spirit of American
institutions, has little sympathy with Bills of Rights, is lukewarm for
Freedom, who can hesitate to construe the Constitution so as to secure
this safeguard. [_Enthusiastic applause._]
Public-domain text, read in full here on John Shaqi.
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