Slavery -- United States; United States -- Politics and government -- 1849-1853
Several laws were passed at the last session of Congress, on which
I desired and designed to speak, in the name and on behalf of my
constituents. But I was obliged to act upon them, under the silence
enforced by the previous question. One of them, in particular, was so
hostile to all the principles which history and reason had ever taught
me, and so wounding to all the sentiments which I had ever imbibed
from benevolence and religion, that I resolved to seize the first
opportunity that should be offered to portray some of its features.
I refer to the Fugitive Slave act, so called; and I trust this will
not be deemed an unfitting occasion to lay bare a portion of its
enormities. I will remark, that I had prepared an amendment for the
security of our free colored seamen in southern ports, but was shut out
from all chance of offering it. It struck me that if new and oppressive
measures were to be taken to carry back alleged slaves to bondage,
something should also be done to restore freemen to liberty. While the
south were seeking new guaranties for men who claim to own other men,
it was a time for the north to demand new guaranties for men who own
themselves. But all debate was suppressed; property vanquished liberty;
and a pure pro-slavery law was enacted, unadulterated by any alloy of
freedom.
In regard to this Fugitive Slave act, is it not astonishing that men
should ever ask the question, Does the constitution _demand_ the trial
by jury? instead of the question, Will the constitution _allow_ it? The
first is the tyrant’s question, granting no more than he is compelled
to give. The last is the republican’s question, volunteering all that
he can grant. In a free government, where the trial by jury is held
to be the surest safeguard of personal liberty, the inquiry ought
never to be, whether the constitution _secures or necessitates_ this
form of trial; for it is enough, if the constitution will _permit_ or
_tolerate_ it. Instead of seeking evasions, and close constructions,
and hunting among the musty precedents of darker times, in order to
shut out the jury trial in cases of personal liberty, the true lover
of freedom would ask only for an interpretation that would _warrant_
it. It would not be among his last thoughts; he would not wait until
a stern necessity forced such a construction upon him; but his
first desire and effort would be to find some legitimate reason for
conferring it. He would not ask, in how few cases he must, but in how
many he might, admit it. Yet this matter has been discussed, and is
still discussed, on one side, as though we were bound to avoid the
jury trial if we could; not as though we were bound to grant it, if by
fair interpretation we might. It has been discussed as though the jury
trial, to protect a man’s right to himself, were an evil; and as though
the sudden seizure, “summary” adjudication, and speedy consignment of
a fellow-being to bondage, were too precious a blessing to be put in
Public-domain text, read in full here on John Shaqi.
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