Slavery -- United States; United States -- Politics and government -- 1849-1853
It will be observed that the first section of the bill, after
constituting the judges of the courts, the seventeen thousand
postmasters, the collectors, &c., tribunals, _without appeal_, for the
delivery of any body, who is sworn by any body, any where, to be a
fugitive slave, refers to the before-mentioned officers in the words
“residing or _being_ within such state where such seizure or arrest
is made.” That is, the judge, postmaster, collector, &c., need not be
an inhabitant of the state, or hold his office in the state where the
seizure is made; but it is sufficient if he is such officer any where
within the United States. Mr. Butler or Mr. Mason, therefore, may send
the postmaster of his own city or village into Massachusetts, with an
agent or attorney, who brings his affidavit from South Carolina or
Virginia, in his pocket; the agent or attorney may arrest any body, at
any time, carry him before his accomplice, go through with the judicial
forms, and hurry him to the south; the officer, after his judicial
functions are discharged, turning bailiff, protecting the prey and
speeding the flight!
Still further; this bill derides the trial by jury, secured by the
constitution. A man may not lose a horse without a right to this
trial; but he may his freedom. Mr. Webster spoke for the south and
for slavery; not for the north and for freedom, when he abandoned
this right. Such an abandonment, it would be impossible to believe
of one who has earned such fame as defender of the constitution; it
would be more reasonable to suppose the existence of some strange
misapprehension, had not Mr. Webster, with that precision and strength
which are so peculiarly his own, declared his determination to support
this hideous bill, “with all its provisions to the fullest extent,”
when, at the same moment, another bill, of which he took no notice,
was pending before the Senate, introduced by Mr. Seward, of New York,
securing the invaluable privilege of a jury trial.
I disdain to avail myself, in a sober argument, of the popular
sensitiveness on this subject; and I acknowledge my obligations to the
constitution while it is suffered to last. But still I say, that the
man who can read this bill without having his blood boil in his veins,
has a power of refrigeration that would cool the tropics.
I cannot doubt that Mr. Webster will yet see the necessity of
reconsidering his position on this whole question.
Mr. Webster says, “It is my firm opinion, this day, that within the
last twenty years as much money has been collected and paid to the
abolition societies, abolition presses, and abolition lecturers, as
would purchase the freedom of every slave, man, woman, and child, in
the State of Maryland, and send them all to Liberia.”
Public-domain text, read in full here on John Shaqi.
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