have left the free citizen of the North without
protection for his own liberty. The question, whether a man seized
in a free State as a slave, _is_ a slave or not, the law of Congress
does not allow a jury to determine: but refers it to the decision of
a Judge of a United States' Court, or even of the humblest State
magistrate, it may be, upon the testimony or affidavit of the party
most deeply interested to support the claim. By virtue of this law,
freemen have been seized and dragged into perpetual slavery--and
should I be seized by a slave-hunter in any part of the country
where I am not personally known, neither the Constitution nor laws
of the United States would shield me from the same destiny.
These, sir, are the specific parts of the Constitution of the United
States, which in my opinion are essentially vicious, hostile at once
to the liberty and to the morals of the nation. And these are the
principal reasons of my refusal any longer to acknowledge my
allegiance to it, and of my determination to revoke my oath to
support it. I cannot, in order to keep the law of man, break the law
of God, or solemnly call him to witness my promise that I will break
it.
It is true that the Constitution provides for its own amendment, and
that by this process, all the guarantees of Slavery may be expunged.
But it will be time enough to swear to support it when this is done.
It cannot be right to do so, until these amendments are made.
It is also true that the framers of the Constitution did studiously
keep the words "Slave" and "Slavery" from its face. But to do our
constitutional fathers justice, while they forebore--from very
shame--to give the word "Slavery" a place in the Constitution, they
did not forbear--again to do them justice--to give place in it to
the _thing_. They were careful to wrap up the idea, and the substance
of Slavery, in the clause for the surrender of the fugitive, though
they sacrificed justice in doing so.
There is abundant evidence that this clause touching "persons held
to service or labor," not only operates practically, under the
judicial construction, for the protection of the slave interest; but
that it was intended so to operate by the framers of the
Constitution. The highest judicial authorities--Chief Justice Shaw,
of the Supreme Court of Massachusetts, in the Latimer case, and
Mr. Justice Story, in the Supreme Court of the United States, in the
case of _Prigg_ vs. _The State of Pennsylv
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