Slavery -- United States; United States -- Politics and government -- 1849-1853
By act of Congress of April 2, 1816, it was declared that no cause
should be removed from the circuit court of the District of Columbia
to the supreme court by appeal or writ of error, “unless the matter
in dispute shall be of the value of one thousand dollars or upwards.”
The plaintiffs in error were claimed as slaves. Their petition for
freedom in the court below had been decided against them; and from this
decision they appealed. The defendant in error took the objection that
they,--their bodies and souls,--were not worth one thousand dollars,
and therefore that they had no right to appeal. But the court said,--
“The matter in dispute, in this case, is the freedom of the
petitioners. The judgment of the court below is against their claims
to freedom; the matter in dispute is, therefore, to the plaintiffs
in error, the value of their freedom, _and this is not susceptible
of a pecuniary valuation_. Had the judgment been in favor of the
petitioners, and the writ of error brought by the party claiming to be
the owner, the value of the slaves as _property_ would have been the
matter in dispute, and affidavits might be admitted to ascertain such
value. But affidavits estimating the value of freedom are entirely
inadmissible; and no doubt is entertained of the jurisdiction of the
court.”
Now, if the supreme court of the United States, in construing a law,
felt constrained by their oaths to hold the freedom of a man,--of any
man, though he might be a drivelling idiot, or stretched upon his
death bed, with only another hour to breathe,--to be worth more than a
thousand dollars, how can a senator of the United States say, that in
passing a law, under which human liberty may be retained or lost, he is
not bound at least by the “_spirit_” of the constitution, if not by its
letter, to hold that human liberty to be of greater value than twenty
dollars, and therefore to provide the trial by jury for its protection?
What can prove more strikingly that Mr. Webster violates the whole
“spirit” of the constitution, when the framers and ratifiers of this
amendment covenanted for and decreed the trial by jury, for such a
paltry sum of money; and when the judges of the supreme court held
human liberty to be worth more than any nameable sum of money, while
he regards it as a thing to be disposed of by any corrupt postmaster,
which any corrupt administration may corruptly appoint. Yet he says,
“Nothing can be more false than that a jury trial is demanded in cases
of this kind by the constitution, either in its letter, _or in its
spirit_.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account