ress to grant the fugitive a
trial by jury, but that in the atmosphere of Washington you acquired new
views of moral philosophy.
Suffer me, Sir, also to inquire, Where had Mr. Webster been "living for
half a century," when, on the 3d of last June, he introduced into the
Senate a bill amendatory of the act of 1793, granting the alleged
fugitive a trial by jury whenever he shall make oath that he is not the
slave of the claimant?
Another of your "reasons" is, that your law does _not_ suspend the
_habeas corpus_, and in proof of its innocence in this respect, you
refer to the opinion of "legal authority of the highest kind," viz. Mr.
Crittenden, of Kentucky. It is very true that the words _habeas corpus_
are omitted in your law, as the word _slave_ is in the Constitution, but
in neither case is the omission of any practical importance. You must be
aware, Sir, that whenever a person is in the custody of another, if
sufficient ground be shown to render it probable that the custody is
illegal, the writ is granted as a matter of right. But why is it
granted? That the court may at its discretion, according to
circumstances, remand or discharge the prisoner. Take away from the
court the discretionary power to discharge, and the writ is rendered an
idle form. Your law, you say, does not suspend the _habeas corpus_; it
is guiltless of such an enormity. A man who is carrying off one of our
citizens in chains, may indeed be served with the writ, and he brings
his prisoner before the court, and he produces a paper for which he paid
$10, and reads from your law, that this paper, called a certificate,
"shall be conclusive," and "shall prevent all molestation of said person
or persons by any _process_ issued by any court, judge, or magistrate,
or other person whomsoever." It is because the word _process_, instead
of _habeas corpus_, is used, that your law does not suspend the writ of
freedom! In vain may the prisoner plead that he is not the person
mentioned in the certificate; in vain may he offer to show that the
certificate is a forgery; in vain may he urge that the man who signed
the certificate was not a commissioner. The little piece of paper
costing ten dollars is to save the slave-catcher from "all molestation,"
not because the writ of _habeas corpus_ is suspended,--O, no! but in
consequence of the words "any process"!
You refer to two objections, which you say are made to your law, and
endeavour to refute them; viz. the o
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