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)
Judge Curtis sums up the matter. He tells the jury, (1.) That they are
not to judge of the Law punishing treason, but to take it from the
Court. (2.) Not to judge what Act constitutes the Crime of Treason,
but take that also from the Court, and if the Court decides that
offering a pop-gun at a rowdy's breast constitutes the crime of
treason, they are to accept the decision as constitutional law. (3.)
They are not to ask if it be just to hang a man for thus resisting a
body of men who sought to kidnap his mother, for even if it be unjust
and cruel it is none of their concern, for they must execute a cruel
and unjust law with even more promptitude than a just and humane one,
and in the language of the "Defender of the Constitution," "conquer
their prejudices," and "do a disagreeable duty." (4.) If they think
the Law commands one thing and the Will of God exactly the opposite,
in the well-known words of Judge Sprague, they must "obey both" by
keeping the law of man when it contradicts the law of God, for they
can never be good Christians so long as they scruple to hang a Quaker
for driving off a kidnapper; and obedience to the law is a moral duty,
no matter how immoral the law may be, and "to obey the law of the land
is to obey the will of God." (5.) But they have a simple question of
fact to determine; namely, Did the Defendant resist officer Butman in
the manner set forth? If satisfied of that, they must find him guilty.
No mistaken notions of Justice must induce them to refuse their
verdict--for they are not to make the law, but only help execute it;
and their conscience is so "fallible, especially when the rights of
others are concerned, and may lead them to do great injustice," for
"the annals of the world abound with enormities committed by a narrow
and darkened conscience." They must not ask if it be "religious" to do
so--for to use the words of the most religious of all Americans, a man
of most unspotted life in public and private, "Religion has nothing to
do with politics," and this is a political trial. If there be any
injustice in the law and its execution the blame lies with the makers
thereof not with the jurors, and they may wash their hands as clean as
Pilate's from the blood of Christ. Besides, if there be injustice the
President can pardon the offender, and from his well-known religious
character--which rests on the unbiased testimony of his _own minister_
and the statement of several partisan newspapers published in the very
heat of the election, when men, and especially politicians looking for
office, never exaggerate,--he doubtless "will listen to petitions for
a commutation of punishment!"
Public-domain text, read in full here on John Shaqi.
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