Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Thus, in those days, a partisan of Slavery, while asserting its divine
origin, and vindicating the rendition of fugitive slaves, recognized
the claim of the master as “a suit at Common Law,” to be tried by a
jury; and this he _insisted_ was prescribed by the Constitution. But
if this Senator could claim trial by jury for the protection of his
pretended property, with much greater reason might the fugitive claim
trial by jury for the protection of his liberty. Surely, now, when
Liberty is regaining her lost foothold, this protection will not be
denied.
OBJECTIONS TO TRIAL BY JURY.
To this array of reason and authority there are but two attempts at
reply, so far as the Committee is informed.
(1.) The first asserts that the rendition of the slave under the
Act of Congress is a “preliminary” proceeding, in the nature of
_extradition_, which does not establish any right between the parties,
but simply hands the slave over to the local jurisdiction from which
he escaped, and therefore trial by jury is unnecessary. But this
pretension is founded on a plain misapprehension. It forgets, in the
first place, that by ancient authority a “claim” for a fugitive slave
is unquestionably a “suit at Common Law,” to be determined by a jury
_before the judgment of rendition_. And it forgets, in the second
place, that the proceedings are in no respect “preliminary”; that they
do not contemplate any other trial between the parties, but that they
fix absolutely the relations of the parties, making one of them master
and the other slave; that the certificate of rendition is absolute
and unimpeachable by any human tribunal, so that the claimant, from
the moment of its issue, may assert unqualified ownership over the
fugitive; that, under this certificate, he may proceed at once to
demand service and labor, and enforce his demand by the lash; and that,
instead of returning the victim to that local jurisdiction from which
he is alleged to have escaped, the claimant may hurry him, chained
and manacled, to some distant plantation, where the only judge will
be an overseer, and the only jury the creatures who aid in enforcing
a terrible power. And the argument forgets, also, that this cruel
judgment may be inflicted upon a freeman, who, perhaps, has never left
his Northern home, but whose fate will be fixed beyond appeal by the
mere certificate of a commissioner. Surely this simple statement is
enough.
Public-domain text, read in full here on John Shaqi.
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