Slavery -- United States; United States -- Politics and government -- 1849-1853
legality or constitutionality tested. But here a multitude of tribunals
are established, over whose proceedings, not the supreme court of
any state, no, not even the supreme court of the United States, has
supervision. And what do these commissioners decide? That a man has no
right to himself; that his body, limbs, faculties, are the _property_
of another; that he _owes service_. Suppose the question were, whether
the respondent owed the claimant a dollar. Could the commissioner give
judgment and issue execution for it? Certainly not. But yet he is here
authorized to decide questions infinitely more important than any
amount of money. He is to decide that a man owes life-long service from
himself, and from all the children of his loins.
But the surrender of an alleged fugitive from service has been
compared with the surrender of a fugitive from justice; and because
the supreme executive of a state is required by the law of 1793 to
surrender fugitives from justice, it is claimed that any commissioner
may surrender fugitives from service, _without liability to question
or reëxamination by any human authority_. But there is a world-wide
difference between the cases. When the fugitive from justice is
delivered up, he is delivered into the custody of the law. Legal
process must have been commenced against him in the state from which
he fled. He is returned, that the proceedings thus commenced may be
consummated. He is never intrusted to private hands. The shield of the
law is continued over him. After arrest, he is merely transferred from
the hands of the law in one state to the hands of the law in another
state. He is transferred, not to evade trial, but to have one. But the
alleged slave is delivered up, not into the custody of the law, where
his rights might be adjudicated upon, but into private hands; not into
the hands of a neutral or indifferent person, but into the hands of
a party interested to deprive him of all his rights;--if he be not a
slave, then into the hands of a man-stealer. Mr. Clay saw this, and
his plan provided that the alleged fugitive should be sent home _to be
tried_. But the south grew bolder and bolder, until a law was passed,
by which one class of men have less security for their freedom than
another class have for their cattle.
Public-domain text, read in full here on John Shaqi.
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