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)
"What!--shall a person appeal from that Court, who are the
only judges of things belonging to them, the House of
Commons I mean. An appeal! To whom? To a mob? Must Justice
be appealed from? To whom? To injustice? Appeal to 'the good
people of England,' 'particularly the inhabitants of
Westminster'! The House of Commons are the good people of
England, being the representatives of the people. The rest
are--what? Nothing--unless it be a mob. But the clear
meaning of this libel was an _appeal to violence_, in fact,
and to stigmatize the House." "Then he charges the House
with sinking material evidence; which in fact is accusing
the House of injustice. This is a charge the most shocking;
the most severe, and the most unjust and virulent, against
the good, the tender House of Commons; that safeguard of our
liberty, and guardian of our welfare."
"This libel ... will be found the most powerful invective
that the skill of man could invent. I will not say the
skill, but the wit, art, and false contrivance of man,
instigated by Satan;" "to say that this is not a libel, is
to say that there is no justice, equity, or right in the
world."
The Solicitor-General told the Jury that they were only to inquire _if
Mr. Owen published the pamphlet_, "_the rest follows of course_;" "you
are upon your oaths; you judge of the facts ... and _only them_."
Chief Justice Lee summed up the evidence "and delivered it as his
opinion, that the _Jury ought to find the defendant guilty;_ for he
thought the _fact of publication was fully proved; and if so they
could not avoid bringing in the defendant guilty_."
The jury returned, "Not guilty;" but Ryder, the Attorney-General, put
this question, Do you think the evidence is not sufficient to convince
you that _Owen did sell the book_? The foreman stuck to his general
verdict, "Not guilty," "Not guilty;" and several of the jurymen said,
"that is our verdict, my lord, and we abide by it." "Upon which the
court broke up, and there was a prodigious shout in the hall." Then
"the Jury judged as to facts, law, and justice of the whole, and
therefore did not answer the leading question which was so artfully
put to them."[127] Of course the insolent Attorney-General was soon
made "Lord Chief Justice," and _rode_ the bench after the antiquated
routine.
[Footnote 127: 18 St. Tr. 1203; 14 Parl. Hist. 888, 1063; 3 Hallam,
200; 2 Campbell, Justices, 198.]
This was the third great case in which the Jury had vindicated the
right of speech.
6. Here is another case very famous in its day, and of great value as
helping to establish the rights of juries, and so to protect the
natural right of the citizens--the Trial of John Miller for reprinting
Junius's Letter to the King, in 1770.
Public-domain text, read in full here on John Shaqi.
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