This would give a judge the sole power of deciding the right of property the master claims in his slave, instead of trying that right by a jury, as prescribed by the Constitution.
Editor's note · Context
Sumner critiques the idea of allowing a judge to unilaterally decide property rights without a jury, as mandated by the Constitution.
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At Baltimore the delegation of the most important State in the Union, known to be in favor of the Wilmot Proviso, was refused admission to the Convention.
Controlled by such a code, employing such representatives, sustained by such agencies, animated by such Furies, and producing such fruits of tears and bitterness, it must be open to question.
Again I repeat, so long as the War System prevails under the sanction of International Law, these painful incongruities will be apparent.
Their existence is a disgrace to civilization; for it implies the common consent of nations to the Arbitrament of War, as regulated by these laws.





