Slavery -- United States; United States -- Politics and government -- 1849-1853
is a transfer of the party, not for a trial, but for evading a trial.
I submit, then, to the public, that here are three provisions of the
constitution, each one of which does have “_a bearing on the subject_.”
Each strengthens the other. They form a triple implication, if not a
_trinoda necessitas_, which no man, however powerful he may be, can
break.
The argument which the lawyers call _ab inconvenienti_,--the argument
from inconvenience,--has been pressed into the service of the
slaveholder to endanger the liberties of the citizen. I answer, there
are two sides to this argument; nor was it wise in the slaveholder,
or his northern friends, to suggest it. It seems to me quite as
_inconvenient_ for a free man to lose his liberty, as for a slaveholder
to lose his slave. If a southern man sues a northern one for the value
of a bale of cotton or a barrel of rice, must not the plaintiff await
the next term of the court before he can enter his action, abide by
the rules of the court respecting continuances, and submit to the
order of business in taking his turn before a jury? To obviate this
inconvenience, has any legislature or any court ever proposed to set
aside or annul, at once, all the securities by which we hold property
and life? And how stands the question respecting evidence or proof?
If difficult for a slave claimant, from Texas, to prove title to his
slave in Massachusetts, how infinitely more difficult for a citizen of
Massachusetts to prove title to himself in Texas. But Mr. Webster says
there are independent courts at the south, “always open and ready to
receive and decide upon petitions or applications for freedom.” Suppose
this to be true; how is a man or a woman, whose master knows that he or
she is free, to get to the courts? Mr. Webster seems to think that as
soon as a kidnapping slave dealer shall transport his human prey to the
south, he will at once take him to, or allow him to go before a court
of justice, or will sell him to some brother Samaritan who will do so.
Does not every body know that any man, who is capable of the enormous
guilt of seizing or buying a freeman, will make it impossible for that
freeman to regain his birthright?
Mr. Webster says, persuasively, that the alleged slave “is only
remitted, for inquiry into his rights, to the state from which he
fled.” But suppose he had never “fled,” but was demeaning himself as
a peaceable citizen, under the solemnly pledged protection of the
government, on the soil where he was born! This is the false idea that
underlies the whole of Mr. Webster’s seductive letter, that under such
a bill as Mr. Butler’s, nobody but a slave would ever be arrested.
Public-domain text, read in full here on John Shaqi.
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