court—a "judge," not known to the Constitution; a "jury" only known in the inquisition! There is no appeal from his decision. The witness came from Virginia to swear away the freedom of a citizen of Massachusetts, charged with no crime. When the Marshal, and the men hired to kidnap, are about the poor black man, it is said he makes an admission that he is the fugitive; and on that "evidence" Mr. Loring decides that he is to go into bondage for ever. It was conduct worthy of the Inquisition of Spain![1] Let doubts weigh for the prisoner, is a rule as old as legal attempts at justice. Here, they weigh against him. The case is full of doubts—doubts on every side. He rides over them all. He takes the special words he wants, and therewith strikes down the prisoner's claim to liberty.
Suppose, in the present instance, the fugitive had been described as a man of light complexion, blue eyes, and golden hair: then, suppose some white man, you or I, answered the description, and some ruffian swore to the identity. By that form of law, any man, any woman, in the city of Boston, might have been taken and carried off into bondage straightway, irredeemable bondage, bondage for ever.
Commissioner Loring had no better ground for taking away the liberty of Anthony Burns than in the case I have just supposed.
Suppose Colonel Suttle had claimed the Mayor and Aldermen of Boston as his slaves; had brought a "record" from Alexandria reciting their names, and setting forth the fact of their owing service, and their escape from it; had them kidnapped and brought before Mr. Loring. According to his own ruling, the only question he has to determine is this: "the identity of the persons." A witness testifies that the Mayor and Aldermen of Boston are the parties named in the record as owing service and having escaped therefrom. The Commissioner says, "The facts to be proved by the claimant are three.
"1. That the parties charged owed him service in Virginia.
- ↑ Tacitus thinks it a piece of good fortune that Agricola died before such "admissions" were made evidence to ruin a man, as in Domitian's time quum Suspiria nostra subsciberentur!—Agricola, c. xlv.
