Utterly devilish as was this decision, it was sound law. The plaintiff had proved his title satisfactorily, and this being done, the commissioner was bound by the express words of the law to grant the certificate. He had no right to admit rebutting evidence. It was sufficient to prove that the prisoner had been the slave of the claimant's father, and that the claimant was the heir at law of his father. This of itself was satisfactory, and therefore the commissioner had no right to admit in evidence the very deed of manumission granted by the father to the slave. The framers of the law had been as explicit as they dared to be. "Upon satisfactory proof being made by deposition or _affidavit_, to be taken and certified, &c., or by other satisfactory testimony [of course, in writing, and _ex parte_], and with proof, also by affidavit, of the _identity_ of the person," &c., the defendant is to be surrendered. Not a hint is given that any testimony may be received to rebut the _satisfactory_ proof given by the plaintiff. You have, moreover, Sir, provided a species of evidence never before heard of in the trial of an issue. By the tenth section, the claimant may go before a judge or court in Texas, and there make proof by affidavit that _his_ slave has escaped. Whereupon, the court or judge is to certify that the proof is satisfactory. A record of this satisfactory proof, together with a description of the fugitive, is to be made, and a certified transcript of this record, "being exhibited to any judge, commissioner, or other officer authorized," &c., "_shall_ be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is _due_ to the party in such record mentioned." Here all defence is taken from the defendant. Should he summon a host of witnesses to prove his freedom, not one could be heard; should he offer a bill of sale from the claimant to another, it could not be received; should he produce a deed of manumission, acknowledged and certified in a Southern court, it would be waste paper. And thus a man's freedom is to be sacrificed on an affidavit made a thousand miles off. What, Sir, would you think of a law that would authorize the seizure and sale of your property to satisfy a debt which any man in California might think proper to swear, before a Californian judge, was _due_ from you to him?
Frontiers Brief
A Letter to the Hon. Samuel Eliot, Representative in Congress From the City of Boston, In Reply to His Apology For Votin — Part 18
Tags