The Trial of Theodore Parker: For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the DefenceParker, Theodore
Religion
The Trial of Theodore Parker: For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the Defence
Parker, Theodore
Antislavery movements -- Massachusetts -- Boston; United States -- Fugitive slave law (1850)
Gentlemen, when the jury do their official duty it becomes impossible
to execute a statute, or custom, or to enforce a decision which the
jury--"the country"--think unjust and not fit to be applied.
But if the judge usurps these two functions of the jury, and himself
decides the Question of Law and its Application, you see what
follows--consequences the most ghastly, injustice in the name of Law,
and with the means of Law! Yes, tyranny spins and weaves with the
machinery of Freedom, and a Nessus-shirt of bondage is fixed on the
tortured body of the People. The power of the judge will be especially
dangerous in times of political excitement, and in political trials.
* * * * *
Gentlemen, this matter is so important, and the danger now so imminent
that you will pardon me a few words while I set forth the mode by
which this wickedness goes to work, and what results it brings to
pass. Follow me in some details.
I. As to the judges dealing with the Grand-Jury.
Here let me take the examples from the circuit court of the United
States in a supposed case where a man is to be tried for violating the
fugitive slave bill. You will see this is a case which may actually
happen.
1. The judge challenges the whole body summoned as grand-jurors and
catechizes them after this fashion.
(1.) "Have you formed an opinion that the law of the United States,
known as the Fugitive Slave Law of 1850, is Unconstitutional, so that
you cannot indict a person under it for that reason, although the
court holds the statute to be Constitutional?"
This is riddling No. 1. Such as think the fugitive slave bill
unconstitutional are at once set aside. The judge proceeds to ask such
as have no doubt that it is constitutional,
(2.) "Do you hold any opinions on the subject of Slavery in general,
or of the Fugitive Slave Law in special, which would induce you to
refuse to indict a man presented to you for helping his brother to
freedom?"
This is riddling No. 2; other "good men and true" are rejected, but
some are found "faithful" to the purposes of the court; and the judge
puts his next question,
(3.) "Will you accept for Law whatever the court declares such?"
This is riddling No. 3. Still the judge finds three-and-twenty men
small enough to pass through all these sieves. They are to be "the
jury." All the men who deny the constitutionality of the wicked
statute; all who have such reverence for the unalienable Rights of man
and for the Natural Law of God that they would not prevent a Christian
from aiding his brother to escape from bondage; all who have such
respect for their own manhood that they will not swear to take a
judge's word for law before they hear it--are shut out from the "grand
inquest;" they are no part of the "Country," or the "Body of the
county," are not "good men and true."
Public-domain text, read in full here on John Shaqi.
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