Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)Parker, Theodore
Religion
Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)
Parker, Theodore
Sermons, American; Unitarianism
Let me suppose a case which may happen here, and before long. A woman
flies from South Carolina to Massachusetts to escape from bondage. Mr.
Greatheart aids her in her escape, harbors and conceals her, and is
brought to trial for it. The punishment is a fine of one thousand
dollars and imprisonment for six months. I am drawn to serve as a juror,
and pass upon this offence. I may refuse to serve, and be punished for
that, leaving men with no scruples to take my place, or I may take the
juror's oath to give a verdict according to the law and the testimony.
The law is plain, let us suppose, and the testimony conclusive.
Greatheart himself confesses that he did the deed alleged, saving one
ready to perish. The judge charges, that if the jurors are satisfied of
that fact, then they must return that he is guilty. This is a nice
matter. Here are two questions. The one, put to me in my official
capacity as juror, is this: "Did Greatheart aid the woman?" The other,
put to me in my natural character as man, is this: "Will you help punish
Greatheart with fine and imprisonment for helping a woman obtain her
unalienable rights?" I am to answer both. If I have extinguished my
manhood by my juror's oath, then I shall do my official business and
find Greatheart guilty, and I shall seem to be a true man; but if I
value my manhood, I shall answer after my natural duty to love a man and
not hate him, to do him justice, not injustice, to allow him the natural
rights he has not alienated, and shall say "Not guilty." Then foolish
men, blinded by the dust of courts, may call me forsworn and a liar;
but I think human nature will justify the verdict.[14]
In cases of this kind, when justice is on one side and the court on
the other, it seems to me a conscientious man must either refuse to
serve as a juror, or else return a verdict at variance with the facts
and what courts declare to be his official business as juror; but the
eyes of some men have been so long blinded by what the court declares
is the law, and by its notion of the juror's function, that they will
help inflict such a punishment on their brother, and the judge decree
the sentence, in a case where the arrest, the verdict and the sentence
are the only wrong in which the prisoner is concerned. It seems to me it
is time this matter should be understood, and that it should be known
that no official oath can take a man out of the jurisdiction of God's
natural law of the universe.
Public-domain text, read in full here on John Shaqi.
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