Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
When the veteran Senator of Virginia has answered this objection,
when he is able to find in the Constitution a power which is not to
be found, and to make us see what is not to be seen, then let him
answer another objection. The Constitution has secured the inestimable
right of Trial by Jury "in suits at Common Law, where the value in
controversy shall exceed twenty dollars." Of course Freedom is not
susceptible of pecuniary valuation; therefore there can be no question
that the claim for a fugitive slave is within this condition. In
determining what is meant by "suits at Common Law," recourse must be
had to the Common Law itself, precisely as we resort to that law in
order to determine what is meant by "Trial by Jury." Let the Senator,
if he be a lawyer, undertake to show that a claim for a fugitive slave
is not, according to early precedents and writs,--well known to the
framers of the Constitution, especially to Charles Cotesworth Pinckney
and John Rutledge, of South Carolina, both of whom had studied law
at the Temple,--a _suit at Common Law_, to which, under the solemn
guaranty of the Constitution, is attached the Trial by Jury, as an
inseparable incident. Let the Senator show this, if he can.
And, Sir, when the veteran Senator has found a power in the
Constitution where none exists, and has set aside the right of Trial
by Jury in a suit at Common Law, then let him answer yet another
objection. By the judgment of the Supreme Court of the United States,
a claim for a fugitive slave is declared to be _a case under the
Constitution_,[130] within the judicial power; and this judgment of
the Court is confirmed by common sense and Common Law. Let the Senator
show, if he can, how such exalted exercise of judicial power can be
confided to a single petty magistrate, appointed, not by the President,
with the advice and consent of the Senate, but by the Court,--holding
his office, not during good behavior, but merely during the will of
the Court,--and receiving, not a regular salary, but fees according to
each individual case. Let the Senator answer this objection, if, in
any way, by twist of learning, logic, or law, he can.
[130] Prigg _v._ Pennsylvania, 16 Peters, 616.
Thus, Sir, do I present the issue directly on this monstrous enactment.
Let the author of the Fugitive Slave Bill meet it. He will find me
ready to follow him in argument,--though I trust never to be led, even
by his example, into any departure from those courtesies of debate
which are essential to the harmony of every legislative body.
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Public-domain text, read in full here on John Shaqi.
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