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)
It seems taken for granted that though one of the Jurors may be an old
judge of the Supreme Court of the United States, and have sat on the
bench for twenty years; nay, though he may be also an old legislator
of twenty years' standing, and as legislator have made the very
statute in question, and also as judge subsequently have explained and
declared it, yet the moment he takes the oath as Grand-Juror, all this
knowledge is "gone from him" as completely Nebuchadnezzar's dream. The
court is the assembly of magicians, astrologers, sorcerers, and
Chaldeans to restore it. Congress might pass a law compelling
ex-judges, ex-senators, and ex-representatives--who are so numerous
nowadays, and continually increasing and likely to multiply yet
more,--to serve as grand-jurors; soon as they take their oath, they
are in law held and accounted to be utterly ignorant of law, and bound
to accept as law whatsoever the court declares such. The acting judge
may be young, blind, ignorant, ambitious, drunk with brandy or rage,
he may have a personal interest in promoting [Transcriber's Note: for
'promoting' read 'perverting'; see Errata] the law, and may
notoriously twist it so as to gratify his peculiar or familistic
spleen, still the jury to accept the court's opinion for the nation's
law. Any political ignoramus, if hoisted to the "bench," has judicial
authority to declare the law,--it is absolute. If he errs, "he is
responsible to the proper authorities--he may be removed by
impeachment;" but the jury must not question the infallibility of his
opinion. For though the grand-jury is "the country," the judge is not
only all that, and more so; but is "the rest of mankind" besides.
Then the judge goes further--talks _solemnly_, yet familiar; to
wheedle jurors the better, he mixes himself with them, his "WE"
embracing both judge and jury. I shall now quote actual language used
in this very court, by the late Hon. Judge Woodbury:--
Public-domain text, read in full here on John Shaqi.
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