Book/Printed Material Trial of Thomas Sims, on an issue of personal liberty, on the claim of James Potter, of Georgia, against him, as an alleged fugitive from service : arguments of Robert Rantoul, Jr., and Charles G. Loring, with the decision of George T. Curtis, Boston, April 7-11, 1851
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Image 1 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … TRIAL OF THOMAS SIMS, ON AN ISSUE OF PERSONAL LIBERTY, ON THE CLAIM OF JAMES POTTER, OF GEORGIA, AGAINST HIM, AS AN ALLEGED FUGITIVE FROM SERVICE. ARGUMENTS OF ROBERT RANTOUL, JR. AND…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 2 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … George T. Curtis, Commissioner. Seth J. Thomas, For the Claimant. For the Respondent. Robert Rantoul, Jr., Charles G. Loring, Samuel E. Sewall, Note. —The Decision of the Commissioner was not reported by…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 3 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … OPENING ARGUMENT OF HON. ROBERT RANTOUL, JR. BOSTON, APRIL 7, 1851. Link to Annals. I propose to submit to your Honor's consideration, the several propositions which I presented when the Court was…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 4 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 4 to refuse to act, because there can be no action under an unconstitutional act, in this case, any more than in any other, before any other tribunal. The Commissioner is bound…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 5 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 5 the parties, and a case ‘arising under the Constitution of the United States; within the EXPRESS delegation of JUDICIAL POWER given by that instrument.” This very “claim made by an owner…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 6 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 6 the Constitution, and it is a suit at common law within the meaning of the seventh amendment of the Constitution. The form which the question may assume is totally immaterial in…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 7 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 7 take him into the State where he is authorized to take him, and that any attempt to sell him on the way would be void, and must be corrected. Mr. Rantoul.…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 8 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 8 Honor is constituted a tribunal to determine ultimately and without appeal who are fugitives from service. Is not that an act of judicial power? I shall have a few remarks to…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 9 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 9 to service in one State, under the laws thereof, escaping into another shall be discharged, but shall be delivered up, &c. Is not that different language? The Constitution says no person…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 10 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 10 some where else, by proceedings not provided for in the law. Is that a position to be taken before the country? Is that a position to be taken before the God…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 11 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 11 is obvious that the trial could not always be had where the offence was committed, which was another feudal principle pretty well established, viz: that the trial must be there held.…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 12 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 12 that instead of their ordinary and previous trial per legem terræ they bring not an absolute and partial trial by discretion.” He then goes on to give a variety of cautions…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 13 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 13 law!” What does that phrase mean? Not according to the proceedings at common law, but a suit at law, as distinguished from a suit in equity or admiralty. This, then, is…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 14 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 14 but what Congress guessed somebody might do, and not to any trial that Congress has provided for; not to any trial contemplated, as shown in this whole act, from beginning to…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 15 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 15 man who did owe service, and escaped. Then it must have been an exercise of judicial power because it was necessary for the judge to weigh the facts which were presented,…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 16 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 16 States be tried and punished? How could causes between two States be heard and determined? The judicial power must therefore be vested in some court, by Congress; and to suppose that…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 17 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 17 intention of the framers of the Constitution, IMPARTIALLY to extend the judicial power, either in an original or appellate form, to ALL CASES; and in the latter class, to leave it…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 18 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 18 of this law, to make slaves of the members of the bar. And I feel that I should almost be made a slave, if I should be compelled to go on…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 19 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 19 Bill of Rights. That being, then, the doctrine of Massachusetts, I ask your Honor to act up to that doctrine. Congress shall have that power which is EXPRESSLY DELEGATED to them.…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 20 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 20 were set up that Congress had a right to legislate on this subject, it would be asked with great pertinency, “If the framers of the Constitution meant so, why did they…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 21 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 21 These, then, are the reasons why I say that this law is unconstitutional. There is no grant of power to enact it. It cannot be enacted without such a grant. I…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 22 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 22 The power of attorney must be in writing, acknowledged, and certified, under the seal of some legal officer or court of the state or territory. This power of attorney is in…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 23 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 23 a Court evidently. He is not a legal officer, unless he is made so by the law of Georgia. For the general powers which Notaries Public exercise under the general law…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 24 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 24 opposed, as I am and ever shall be, to every thing tending to forcible resistance of the officers employed in its execution, believing that calm discussion, with resolute determination to use…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 25 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 25 laws of this Commonwealth, they may at any time, by summary process, within a few hours or minutes, be hurried away into immediate, endless, and hopeless bondage; for should they succeed…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 26 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 26 The Commissioner. Unassailable! Mr. Loring. I thank you for the word; wholly unassailable by all the courts of the United States. The construction of this law cannot be carried to the…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 27 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 27 is this: That these provisions of the Constitution do not extend to slaves, they not being of the people of the U. States, and that this law being intended only to…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 28 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 28 have adjudged that he does owe service; and then you are to give the master a certificate of his right and title, which shall authorize him to seize and transport the…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 29 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 29 due process of law within the meaning of the Constitution when providing for the personal liberty of freemen. It is also, sir, an adjudication of the right of the claimant to…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 30 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 30 it is a present, absolute, final and unappealable judgment upon the present rights of the parties. I should like to ask, sir, and you will excuse the apparent want of respect…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 31 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 31 But the certificate is given solely for the PROTECTION OF THE MASTER that his title shall not be disputed or molested on the way; that he may travel safely through the…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 32 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 32 intended by Congress to secure a judicial inquiry in the state to which the fugitive is taken. The Commissioner. Does not this suggestion imply an inquiry into the motives and feelings…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 33 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 33 proof of personal identity could be had at an hours notice, could not be arrested according to this law and hurried at once into hopeless slavery. I go further, and I…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 34 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 34 it is a mere preliminary judicial inquiry which you are going into for the purpose of sending a man from one State to another. I read to you the decision of…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 35 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 35 and has no right to claim the protection of the constitution. Mr. Thomas. I shall maintain that this act was intended to facilitate the exercise of a right which the owner…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 36 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 36 t has been the presumption of law for periods long anterior to Christian times. This presumption must continue until rebutted by legal proofs, such proofs as are requisite to show that…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 37 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 37 simply because no question like this arose under it. I cannot find a single decision of the U. S. Court in which this question was raised and discussed and directly decided.—It…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 38 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 38 question which I am now agitating has never been decided by a judicial tribunal after it has been argued, and where its decision was material to the case. Mr. Thomas. You…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 39 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 39 case like this? All the evidence of any such pretended authority is the seal of a clerk of an inferior court. That is no proof. This is not a matter to…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
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Image 40 of Trial of Thomas Sims, on an issue of personal liberty, on the claim … 40 although it authorizes the Commissioner to receive a compensation, it imposes upon him any obligation to take it. If it does not, I see no cause for humiliation, and I certainly…
- Contributor: Sims, Thomas - Rantoul, Robert - Loring, Charles G. (Charles Greely) - Curtis, George Ticknor - Stone, James W. (James Winchell) - Potter, James
- Date: 1851
About this Item
Title
- Trial of Thomas Sims, on an issue of personal liberty, on the claim of James Potter, of Georgia, against him, as an alleged fugitive from service : arguments of Robert Rantoul, Jr., and Charles G. Loring, with the decision of George T. Curtis, Boston, April 7-11, 1851
Names
- Rantoul, Robert, 1805-1852
- Sims, Thomas, approximately 1834-
- Potter, James, of Georgia
- Loring, Charles G. (Charles Greely), 1794-1867
- Curtis, George Ticknor, 1812-1894
- Stone, James W. (James Winchell), 1824-1863
Created / Published
- Boston : Wm. S. Damrell & co., 1851.
Headings
- - Sims, Thomas,--approximately 1834---Trials, litigation, etc
- - Potter, James,--of Georgia--Trials, litigation, etc
- - Fugitive slaves--Georgia--Legal status, laws, etc
- - United States.--Fugitive slave law (1850)
Notes
- - Before George T. Curtis, U.S. circuit court commissioner.
- - "The decision of the commissioner was not reported by Dr. Stone, but was furnished by Mr. Curtis."--p. [2]
Medium
- 47 p. ; 23 cm.
Call Number/Physical Location
- KF223.S443 R36 1851
Digital Id
Library of Congress Control Number
- 37031135
Online Format
- online text
- image
LCCN Permalink
Additional Metadata Formats
Part of
Format
Contributor
- Curtis, George Ticknor
- Loring, Charles G. (Charles Greely)
- Potter, James
- Rantoul, Robert
- Sims, Thomas
- Stone, James W. (James Winchell)