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)
that it is _fallible_, especially when the rights of others are
concerned, [that is, the right to kidnap men] _and may lead us to do
great injustice_, [by refusing to punish a man who helps his brother
enjoy his self-evident, natural, and unalienable right to life,
liberty, and the pursuit of happiness]. The annals of the world abound
with enormities committed by a narrow and darkened conscience." A
_statute_ "is the moral judgment, the _embodied conscience of the
political community_, [the fugitive slave bill the 'embodied
conscience' of New England]. To this not only is each individual bound
to submit, [right or wrong,] but it is a new and _controlling element
in forming his own moral judgment_;" [that is, he must _think_ the
statute is just]. "Obedience is a _moral duty_, [no matter how immoral
the law may be]. _This is as certain as that the Creator made man a
social being_;" "to _obey the laws of the land_ [no matter what laws,
or how wicked soever] _is, then, to obey the Will of God_!"
[Footnote 116: Words of Chief Justice Parker, in _Commonwealth_ vs.
_Griffith_, 2 Pickering's Reports, 19, cited with approbation by Chief
Justice Shaw, in the Sims case, 7 Cushing's Reports, 705, and also
cited from him and acted on by fugitive slave bill Commissioner
Loring, in the Burns case.]
Gentlemen of the Jury, you think I have imagined and made up this
language out of my own fancy. No, Gentlemen, I could not do it. I have
not the genius for such sophistry. I only quote the words of the Hon.
Judge Peleg Sprague delivered to the grand-jury of this Circuit Court
of United States at Boston, March 18, 1851.[117] Gentlemen, I showed
you what Thurlow could say at Horne Tooke's trial on the 4th of July,
1777. Nay, I quoted the words of Powis and Allybone, and Scroggs and
Jeffreys.[118] But, Gentlemen, the judge of New England transcends the
judges of Old England.
[Footnote 117: See _Boston Daily Advertiser_ of March 19, 1851.]
[Footnote 118: See above, p. 33, 37, _et al._]
3. Having made this general preparation for his work and shaped his
vessel to the proper form, he proceeds to fill it with the requisite
matter.
(1.) He practically makes the Law just as he likes, so as to suit the
general purpose of the government, or the special purpose of his
private vengeance or ambition. Thus,
a. Out of the whole complex of law--statutes, decisions, customs,
charges, opinions of judicial men, since the Norman conquest or before
it,--he selects that special weapon which will serve his present turn.
And tells the jury, "that is the law which you are sworn to enforce. I
have not made it--it is the _Lex terrae_, the Law of the Land." Or if
in such an arsenal, so copious, he finds no weapon ready made, then
Public-domain text, read in full here on John Shaqi.
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