Slavery -- United States; United States -- Politics and government -- 1849-1853
debarred from making affidavit that, in the city of Washington, there
existed evidence of their freedom. I will not waste words to point out
the impossibility of their defence, and the certainty of their doom!
He that hath ears to hear the cry of the oppressed, let him hear!
A few days before the close of the last session of Congress, I was
inquired of by a resident in Washington, as to the condition of a
family held as slaves in that city. I found they were free by the laws
of the District, but they did not know it.
Sir, throughout the Southern States, there are thousands and thousands
of reputed slaves, who, legally, and by the laws of those states, too,
in which they are held, are as free as the governor of Massachusetts,
or the chief justice; but, in their enforced and brutish ignorance, the
victims do not know it; and should they come to a free state, and be
there hunted, and seized, and carried before a commissioner, they would
be debarred from taking an oath as to facts which would furnish grounds
for a continuance so that their right to freedom might be established.
But, under such obstructions and embarrassments, liberty could not be
extinguished in a sufficiently “summary manner.”
According to the constitution of the United States, all _criminals_,
from the least to the greatest, are to be informed of the nature
and cause of their accusation; to be confronted with the witnesses
against them; to have compulsory process for obtaining witnesses in
their favor; and to have the assistance of counsel in their defence.
Yet here, always in the case of an _innocent_ man, oftentimes in the
case of a free man, there is to be no previous notice, no process for
obtaining witnesses, and no provision for counsel; and while the court
is forbidden to allow delay, without good cause shown, the party whose
liberty is at stake cannot make out that cause by his oath; but, with
the full knowledge in his own breast that he _is_ free, he must stand
dumb before the minister of the law that puts on his fetters.
I will not dwell at any length upon those portions of the act which
affect marshals and deputy marshals. If any man chooses not to hold
office under such a law, he can decline to accept it, or resign it.
It is, however, clear proof of wicked legislation, when humane and
conscientious men cannot hold the offices it creates. But the fifth
section contains a provision which is atrocious. It makes the marshal
or his deputy liable for an escape, whether made “with or _without_
his assent,”--that is, _at all events_. Though the alleged fugitive
should disable him, though the enemies of the country should capture
him, though the act of God should strike him down, though an armed mob
should commit a rescue,--yet he is still liable.
Public-domain text, read in full here on John Shaqi.
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