Slavery -- United States; United States -- Politics and government -- 1849-1853
After Drayton’s examination, he was held to bail. And what, think
you, was the amount of the bail demanded? Seventy-six thousand
dollars! and seventy-six thousand dollars also for each of the other
prisoners,--$228,000 for the seventy-six alleged slaves, when the
common market value of such slaves in this neighborhood would not, I
suppose, be more than three or four hundred dollars apiece;--and though
all of them, too, had been returned, and were in possession of their
claimants at the time. Has the fact never yet come to the knowledge of
the magistrates of the District of Columbia, that the constitution of
the United States declares that “excessive bail shall not be required”?
But, gentlemen, these are not the only hardships and oppressions to
which my client has been subjected. How many, at the most, are the
offences against the laws of this District which he has committed? He
came here on the 13th of April, in the schooner Pearl. He departed
on the 15th. On the 17th, he was arrested near the mouth of the
Potomac, with a company of alleged slaves on board his vessel. Was
not this all one transaction? Can it be divided and separated into a
multitude of distinct offences? Can this one deed be made an offence
against different laws? If not, then there is another clause in the
constitution set at nought,--that clause which declares that no person
shall be “subject for the same offence to be twice put in jeopardy of
life or limb.”
And yet, gentlemen, what do we find on the records of this court? One
hundred and fifteen indictments against this prisoner for this one
act; and one hundred and fifteen indictments also against each of the
other prisoners for engaging in the same. Three hundred and forty-five
indictments! Reams of indictments for a single deed! Nor is this the
only injustice. Each of the prisoners is indicted for having violated,
by this one act, separate and distinct laws. There is an old law of
Maryland against stealing slaves, and another law against transporting
them out of the jurisdiction; and these laws are claimed, by virtue
of an act of Congress, to be in force in this District. Now, if the
prisoner stole the slaves, he is not guilty of the separate offence
of transporting. If he is guilty of transporting, he is not guilty
of stealing. That the two offences should have been committed by one
and the same act, is a legal impossibility. If the grand jury first
found the prisoner guilty of the offence of stealing the slaves, they
thereby declared that he was not guilty of the different offence of
transporting. Or, if they first found him guilty of the offence of
transporting, they thereby declared that he was not guilty of the
separate offence of stealing. To proceed, therefore, after a finding
for one offence, to charge the prisoner with the other, was not only a
legal absurdity, but a grievous injustice.
Public-domain text, read in full here on John Shaqi.
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