I said John Brown was an idealist. He believed in his ideas to that extent that he existed to put them all into action; he said ‘he did not believe in moral suasion, he believed in putting the thing through.’ He saw how deceptive the forms are. We fancy, in Massachusetts, that we are free; yet it seems the government is quite unreliable. Great wealth, great population, men of talent in the executive, on the bench,—all the forms right,—and yet, life and freedom are not safe. Why? Because the judges rely on the forms, and do not, like John Brown, use their eyes to see the fact behind the forms. They assume that the United States can protect its witness or its prisoner. And in Massachusetts that is true, but the moment he is carried out of the bounds of Massachusetts, the United States, it is notorious, afford no protection at all; the government, the judges, are an envenomed party, and give such protection as they give in Utah to honest citizens, or in Kansas; such protection as they gave to their own Commodore Paulding, when he was simple enough to mistake the formal instructions of his government for their real meaning.[153] The state judges fear collision between their two allegiances; but there are worse evils than collision; namely, the doing substantial injustice. A good man will see that the use of a judge is to secure good government, and where the citizen’s weal is imperilled by abuse of the federal power, to use that arm which can secure it, viz., the local government. Had that been done on certain calamitous occasions, we should not have seen the honor of Massachusetts trailed in the dust, stained to all ages, once and again, by the ill-timed formalism of a venerable bench. If judges cannot find law enough to maintain the sovereignty of the state, and to protect the life and freedom of every inhabitant not a criminal, it is idle to compliment them as learned and venerable. What avails their learning or veneration? At a pinch, they are no more use than idiots. After the mischance they wring their hands, but they had better never have been born.[154] A Vermont judge, Hutchinson, who has the Declaration of Independence in his heart; a Wisconsin judge, who knows that laws are for the protection of citizens against kidnappers, is worth a court-house full of lawyers so idolatrous of forms as to let go the substance. Is any man in Massachusetts so simple as to believe that when a United States Court in Virginia, now, in its present reign of terror, sends to Connecticut, or New York, or Massachusetts, for a witness, it wants him for a witness? No; it wants him for a party; it wants him for meat to slaughter and eat. And your _habeas corpus_ is, in any way in which it has been, or, I fear, is likely to be used, a nuisance, and not a protection; for it takes away his right reliance on himself, and the natural assistance of his friends and fellow citizens, by offering him a form which is a piece of paper.