ite_ men, and that they have been virtually
set aside in decisions respecting black men. I well know, that, in our
model republic, law and justice and morality are all cutaneous. But
admitting that the Supreme Court have stultified themselves, and
virtually denied, that, where a suit was brought for the services of a
_black_ man, the Constitution required a jury trial, recollect, Sir,
that not in one single instance has the court decided that the
Constitution _prohibited_ such a trial. But if not prohibited, then
Congress are permitted to accord such a trial, and _both you and Mr.
Webster have declared that Congress had a right to grant such a trial,
and ought to grant it_. In voting, therefore, for a law denying such a
trial, you made a voluntary surrender to the slaveholder of the security
which such a trial would have afforded to multitudes of your poor,
ignorant, oppressed fellow-men. For this act of cruelty and injustice,
committed against your own late conviction of duty, what is your
justification? Why, that the blacks had been already deprived of the
right of trial by jury fifty-seven years!

Let us now see what tribunal you have substituted for a jury in the
trial of one of the most momentous issues that can engage the attention
of a court of justice. You have provided for the appointment of an
indefinite number of judges, each of whom is to have exclusive
jurisdiction of these issues, and from whose judgment there is to be no
appeal. The Constitution declares, "The judges, both of the Supreme and
inferior courts, shall hold their offices during good behaviour, and
shall, at stated times, receive for their services a compensation, which
shall not be diminished during their continuance in office." These
judges are appointed by the Senate, on the nomination of the President.
Your herd of judges, called commissioners, are appointed by the courts,
and hold office during pleasure, and instead of receiving a salary, are
rewarded by a rule the infamy of which, it is believed, belongs to your
law exclusively,--a rule which doubles their compensation whenever they
decide in favor of the rich plaintiff, and _against_ the poor and
friendless defendant. But perhaps you will deny that these men are
judges; for, if judges, their appointment is palpably unconstitutional.
Let us hear the Supreme Court, at a time when it was deemed expedient to
maintain that the persons who executed the law of 1793 were _judges_.
"It is plain,