Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3) — John Shaqi
Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)Parker, Theodore
Religion
Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)
Parker, Theodore
Sermons, American; Unitarianism
There is one pleasant thing about this position of Mr. Webster. He is
alarmed at the fire which has been kindled in his rear. He finds
"considerable differences of opinion prevail ... on the subject of that
speech," and is "grateful to receive ... opinions so decidedly
concurring with" his own,--so he tells the citizens of Newburyport. He
feels obliged to do something to escape the obloquy which naturally
comes upon him. So he revises his speech; now supplying an omission, now
altering a little; authorizes another great man to transpose his
relative pronoun, and anchor it fast to another antecedent; appeals to
amendments in the senatorial desk, designed to secure a jury trial for
fugitive slaves; derides his opponents, and compares them with the
patriots of ancient times. Here is his letter to the citizens of
Newburyport--a very remarkable document. It contains some surprising
legal doctrines, which I leave others to pass upon. But in it he
explains the fugitive slave law of 1793, which does not "provide for the
trial of any question whatever by jury, in the State in which the arrest
is made." "At that time," nobody regarded any of the provisions of that
bill as "repugnant to religion, liberty, the Constitution, or humanity;"
and he has "no more objections to the provisions of this law, than was
seen to them" by the framers of the law itself. If he sees therein
nothing "repugnant to religion, liberty, the Constitution, or humanity,"
then why transpose that relative pronoun, and have an amendment "which
provides expressly for the right of trial by jury?"
"In order to allay excitement," he answers, "and remove
objections." "There are many difficulties, however,
attending any such provision [of a jury trial]; and a main
one, and perhaps the only insuperable one, has been created
by the States themselves, by making it a penal offence in
their own officers, to render any aid in apprehending or
securing such fugitives, and absolutely refusing the use of
their jails for keeping them in custody, till a jury could
be impanelled, witnesses summoned, and a regular trial be
had."
Public-domain text, read in full here on John Shaqi.
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