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Show 360 LIBEltTY AND SLAVERY. tion, and let them produce their arguments. The first we shall notice is fi·om Mr. Sumner, who again reasons from the sentiments of tho f>tthers. "At the close of the National Convention," says he, "Elbridge Gerry refused to sign the Constitution, because, among other things, it established 'a tribunal without juries, a Star Chamber as to civil cases.' Many united in his opposition, and, on the recommendation of the First Congress, this additional safeguard was adopted as an amendment." Thus, according to Mr. Sumner, Elbridge Gerry was the father of the clause in the Constitution which guarantees the right of trial by jury. Yet Elbridge Gerry never dreamed of applying this clause to the case of fugitive slaves; for, as we have already seen, he voted for the Fugitive Slave Law of 1793, in which such application of it is denied. Nor did any other member of that Congress propose the right of trial by jury in such cases. No doubt there would have been opposition to the ;ct of 1793 if any member of Congress had supposed, for a moment, that it denied the right of trial by jury to the fugitive slave. It docs no such th.ing. It leaves that right nnimpaircu; and if any slave in the Union, whether fugitive TilE FOOI'riVB SLAVE LAW. 361 or otherwise, desire such trial, it is secured to him by the Constitution and laws of the country. But he cannot have such trial where or in what State he chooses. If he liYes in Richmaud, he may have a trial by jury there; but ho cannot escape to Boston, and thero demand this as a right. The fugitive ft·om labor, like the fugitive fi·om j usticc, has a right to a trial by jury, but neither can claim to have this trial in any pat-t of the world he pleases. Tho latter must be tried in "the 'vicinage" where the of~ fence is alleged to have been committed, because there the witnesses are to be found. lie has no right to flee from these and require them to follow him with their testimony. As he has a constitutional right to be tried iu the vicinage of the alleged offence, so has the commonwealth a right to insist on his trial there. In like manner, and for a similar reason, if the colored man wish to assert his freedom under the law, he may appeal to a jut·y of the country ; but this must be done iu the State nuder whose laws he is claimed as a slave and where the witnesses reside. lie cannot fly to a uistant State, and there demand a kinu of trial which neither the Constitution, nor the laws, nor public expeclicnry, secmes to him. If he assert this 31 |