Slavery -- United States; United States -- Politics and government -- 1849-1853
GENTLEMEN; Your semi-weekly of the 1st instant contains a letter of
the Hon. Daniel Webster, to certain citizens of Newburyport, in which
he has been pleased to refer to me, and particularly to a passage in
the letter which I addressed to a portion of my constituents, on the
3d of May last, [the preceding Letter.] His reference to me is of so
extraordinary a character, both as to manner and matter, that I wish
to reply. To prevent all chance of mistake, I quote the following
passages:--
“But, at the same time, nothing is more false than that such jury
trial is demanded in cases of this kind by the constitution, either
in its letter or in its spirit. The constitution declares that in all
criminal prosecutions there shall be a trial by jury. The claiming of
a fugitive slave is not a criminal prosecution.
“The constitution also declares that in suits at common law the trial
by jury shall be preserved; the reclaiming of a fugitive slave is not
a suit at the common law; and there is no other clause or sentence in
the constitution having the least bearing on the subject.
“I have seen a publication by Mr. Horace Mann, a member of Congress
from Massachusetts, in which I find this sentence. Speaking of the
bill before the Senate, he says: ‘This bill derides the trial by jury
secured by the constitution. A man may not lose his horse without a
right to this trial, but he may lose his freedom. Mr. Webster speaks
for the south and for slavery, not for the north and for freedom, when
he abandons this right.’ This personal vituperation does not annoy
me, but I lament to see a public man of Massachusetts so crude and
confused in his legal apprehensions, and so little acquainted with the
constitution of his country, as these opinions evince Mr. Mann to be.
His citation of a supposed case, as in point, if it have any analogy
to the matter, would prove that, if Mr. Mann’s horse stray into his
neighbor’s field, _he cannot lead him back without a previous trial
by jury to ascertain the right_. Truly, if what Mr. Mann says of the
provisions of the constitution in this publication be a test of his
accuracy in the understanding of that instrument, he would do well
not to seek to protect his peculiar notions under its sanction, but
to appeal at once, as others do, to that higher authority which sits
enthroned above the constitution and above the law.”
Public-domain text, read in full here on John Shaqi.
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