And can it be that a man’s right to his own freedom cannot be tried by a jury, when, if two men dispute about his value, each may claim the jury trial, and cannot be denied?
Horace Mann
The Public Record
Horace Mann was an American educational reformer, abolitionist and Whig politician known for his commitment to promoting public education; he is thus also known as The Father of American Education. In 1848, after public service as Secretary of the Massachusetts State Board of Education, Mann was elected to the United States House of Representatives (1848–1853). From September 1852 to his death in 1859, he served as President of Antioch College.
I might here rest the argument, feeling that, from authority and from reason, from the old and time-honored principles of the common law, as well as from those interpretations of the constitution which have been given by the supreme court…
It is alleged that the whole force of the above argument, otherwise conclusive, is annulled, because a slave is no party to the constitution, is not under its protecting shield any more than a horse or an ox, and therefore, any provisions…
What he has, he has ex gratia, by the good will of those who own him, body and soul, and who are graciously pleased to forego some of their legal rights from generosity in themselves, and not from justice to him.
By the laws of the free states, we know no such being as a slave.
The commissioner declares a prima facie freeman to be a slave.
He declares that James Potter owns Thomas Sims, and the posterity in his loins forever; or that Thomas Sims and his posterity forever, owe service to James Potter and his heirs and assigns forever.
But to send a man to be worked to death in five years on a sugar plantation, where his being taught to read the gospel of Jesus Christ is a felony,--this is “special and limited,” and so may be done by any hireling commissioner who will do…