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)
Here are the facts. Mr. Miller was the publisher of a newspaper called
the _London Evening Post_, and therein, on December 19, 1769, he
reprinted Junius's celebrated Letter to the King. For this act, an
information _ex officio_ was laid against him, wherein he was charged
with publishing a false, wicked, seditious, and malicious libel. A
suit had already been brought against Woodfall, the publisher of the
_Public Advertiser_, in which the letter originally appeared, but the
prosecution had not turned out to the satisfaction of the government,
nor had the great question been definitely settled. So this action was
brought against Mr. Miller, who reprinted the original letter the day
of its first appearance.[128]
[Footnote 128: 20 St. Tr. 803, 895, 869; Woodfall's Junius (Bohn,
1850), Preface, p. 94, Appendix, p. 471; 2 Campbell, Justices, 363; 5
Mahon.]
Solicitor-General Thurlow,--whom you have met before,
Gentlemen,--opened the case for the Crown, and said:--
"I have not of myself been able to imagine ... that there is
a serious man of the profession in the kingdom who has the
smallest doubt whether this ought to be deemed a libel or
not;" "for I neither do, nor ever will, attempt to lay
before a jury, a cause, in which I was under the necessity
of stating a single principle that went to intrench, in the
smallest degree, upon the avowed and acknowledged liberty of
the subjects of this country, even with regard to the press.
The complaint I have to lay before you is that that liberty
has been so abused, so turned to licentiousness, ... that
under the notion of arrogating liberty to one man, that is
the writer, printer, and publisher of this paper, they do
... annihilate and destroy the liberty of all men, more or
less. Undoubtedly the man that has indulged the _liberty of
robbing upon the highway_, has a very considerable portion
of it allotted to him." The defendant "has published a
paper, in which, concerning the King, concerning the House
of Commons, and concerning the great officers of State,
concerning the public affairs of the realm, there are
uttered things of such tendency and application as ought to
be punished." "When we are come to that situation, when it
shall be lawful for any men in this country to speak of the
sovereign [George III.] in terms attempting to fix upon him
such contempt, abhorrence, and hatred, there is an end of
all government whatsoever, and then liberty is indeed to
shift for itself." He quotes from the paper: "'He [the king]
has taken a decisive personal part against the subjects of
America, and those subjects know how to distinguish the
sovereign and a venal Parliament, upon one side, from the
real sentiments of the English nation upon the other.' For
God's sake is that no libel? To _talk of the king as taking
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