is due. Jim Gray claims that he does not
owe Phillips a day's work or a dollar of money. Phillips claims that
he owes him every day's work that has been deposited in his bones and
sinews; yea, the toil of his body and mind both, till death shall end
the period of stipulated toil. Here is a question for legal
examination and judicial discussion. Does the man Gray owe this man
Phillips any thing? The Constitution is very clear and very plain in
pointing out the way this question is to be settled.
Article V. provides that no person shall be deprived of life, liberty
or property without due process of law. That Jim Gray is a person, is
admitted on all hands. Phillips admits it; the blood-hounds, marshals
and attorneys that hunt him, say he is a person--a person held to
service. The amount in dispute is the liberty and life-long toil of a
man just entering into the full maturity of manhood. A great question
lies between these men. But Gray, standing on soil covered by this
Constitution, can be robbed of liberty, or the wages of his toil, only
by due process of law.
Article VII. says, expressly, in suits at common law, when the value
in controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved. Here, sir, is a case involving the question of
liberty, and hundreds of dollars of money. The law, Sir, under which I
appear before you, overrides these plain provisions, and commits this
whole question to one man, and offers him a bribe to trample right and
liberty under foot. I know, Sir, it may be said that Jim Gray was a
slave, and not entitled to these humane provisions. Had he never worn
the chain of the oppressor, nor felt the lash of the bloody
task-master--had he been born in Canada, or any where else on the
globe--had he been a citizen of one of the States of this Union, and
never been enslaved, it would have been all the same. His liberty
would have been stricken down, and he been given to the party claiming
his life-long toil, and your Commissioner would have pocketed the
bribe offered by this law for doing such a crime against humanity and
the plainest provisions of the Constitution.
No sir; in a Court of the United States, where the Constitution
provides for trial by jury, I ought not to be sentenced for raising my
hand to rescue a fellow-man from a mob that would strip him of his
liberty and life-long toil without due process of law, without trial
by jury. Sir, this, law tramples so fla
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