Slavery -- United States; United States -- Politics and government -- 1849-1853
Besides, I think no state legislated on the subject for the protection
of its own citizens, until 1842. This was after Congress had neglected,
for more than fifty years, to do its duty. Why, then, should Mr.
Webster cast the blame upon the states which forbore for more than
fifty years to act protectively for themselves, when Congress, of which
he had been a leading member for nearly forty years, had endangered,
instead of securing, the liberty of their citizens? When he said that
“every member of every northern legislature is bound by oath to support
the constitution of the United States,” why did not the retort suddenly
rise to his mind that _he_ was bound by oath not less than they; and
that his oath embraced the men that owned freedom, not less than the
men that owned slaves? Besides, he charges only a _part_ of the free
states with being guilty of unjust legislation. Shall the innocent
states suffer because of the others’ offence? Rather shall not Congress
first supply the means of protection to the citizens of all?
It seems to me, too, that the fourth amendment has an important
“_bearing upon the subject_,” because it shows that the master-thought
of our fathers, in forming the constitution, was to secure the
liberties of the citizen. It provides against “unreasonable seizures”
of “persons.” I suppose the main idea of this amendment was to secure
the citizen against “unreasonable seizure,” even in cases where he
should afterwards, and at _some time_, be brought to trial according
to the forms of the common law. But what “seizure” can be more
“unreasonable,” than one whose object is, not an ultimate trial, but
bondage forever, without trial? Can mortal imagination conceive of
any seizure less entitled than this to be called “reasonable?” With
what indignation did our fathers frown because they were transported
beyond seas _to be tried_; yet, by our present law, and by the law
which Mr. Webster promises to support, a free man may be transported,
if not beyond seas, at least beyond lands, and beyond states, _not
to be tried_, but to be held in slavery forever without trial. If a
free citizen of Massachusetts should be seized and plunged into a
Massachusetts prison, to be kept there for life; and his children,
as a consequence of his fate, were put into the same, or into other
prisons, as fast as they were born, to be also kept for life; and such
was the original object and avowed purpose of the seizure, would not
this conflict a little with the “_spirit_” of the fourth amendment?
And does this proceeding conflict with this “_spirit_” any the less,
because the prison is a southern rice swamp, or cotton field, where the
nearest door or outlet of escape is more than a hundred miles from the
spot of confinement? In common law actions, trover, detinue, replevin,
&c., &c., the trial is to be in the vicinage, except there is some
overpowering reason for changing the venue, or place of trial. But here
Public-domain text, read in full here on John Shaqi.
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