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)
"We must not lay the flattering unction to our souls, that
because by some _possibility there may not be guilt_, we can
rightfully discharge as if there were no guilt." "It is
sometimes urged against agreeing to indict, convict, or
punish, that we have _conscientious scruples on the
subject_;" "if sincere tenderness of conscience presses on
the heart and mind against executing some of the laws, _it
should lead us to decline office or resign_; not to neglect
or disobey, while in office, what we have promised and sworn
to perform;" [as if the juror swore to do injustice!] "or if
a majority prove unaccommodating or inflexible against us,
then it behooves those differing from them ... _to withdraw
entirely from such a government, and emigrate_." [So the
juror must not try to do justice at home, but seek it in
exile.] "But in all such cases we must take special care not
to indulge ourselves in considering an act as a sin which
_is only disagreeable_, or the result of only some
_prejudice or caprice_." "_The presumptions are that all
laws_, sanctioned by such intelligent, numerous, and
respectable members of society as compose our legislative
bodies, _are constitutional_, and until pronounced otherwise
by the proper tribunal, the judiciary, _it is perilous for
jurors to disobey them_," [that is, to refuse to execute
them] "and it is trifling with their solemn obligations to
_disregard them in any way and on any occasion, from
constitutional doubts_, unless of the clearest and strongest
character."[115]
[Footnote 115: The above extracts are from Judge Woodbury's charge to
the Grand-Jury, in Circuit Court of United States, at Boston, taken
from the _Evening Traveller_, copying the reprint of Boston Daily
Advertiser, of October 25, 1850.]
Public-domain text, read in full here on John Shaqi.
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