Slavery -- United States; United States -- Politics and government -- 1849-1853
“What is a _suit_? We understand it to be the prosecution, or pursuit,
of some _claim_, demand, or request. In law language, it is the
prosecution of some demand in a court of justice. ‘The remedy for
every species of wrong is,’ says Judge Blackstone, ‘the being put in
possession of that right whereof the party injured is deprived,’ The
instruments whereby this remedy is obtained are a diversity of _suits_
and actions, which are defined by the Mirror to be ‘the lawful demand
of one’s right;’ or, as Bracton and Fleta express it in the words of
Justinian, ‘_jus prosequendi in judicio quod alicui debetur_,’--(the
form of prosecuting in trial, or judgment, which is due to any one.)
Blackstone then proceeds to describe every species of remedy by
suit; and they are all cases where the party suing claims to obtain
something to which he has a right.
“To commence a suit is to demand something by the institution of
process in a court of justice; and to prosecute the suit is, according
to the common acceptation of language, to continue that demand.”
According to the supreme court, then, a _suit_ is the prosecution of
some _claim_, demand, or request. Now, the proceedings for a fugitive
slave, according to the very letter of the constitution, are instituted
to prosecute a _claim_. The person held to service or labor is to be
delivered up, “on _claim_ of the party to whom such service or labor
may be due.”
Still further, in a decision bearing directly on the right to a trial
by jury, the supreme court have defined the term “common law” in
special reference to its meaning in the amendment to the constitution,
which secures this right “in suits at common law.” These are their
words:--
Public-domain text, read in full here on John Shaqi.
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