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)
a part of an hostile sort against one branch of his
subjects_, and at the same time to _connect him ... with the
parliament which he calls a venal parliament_; is that no
libel?"
Lord Mansfield,--the bitterest enemy of the citizens' right of speech
and of the trial by jury,--charged upon the jury, "The question for
you to try ... is, whether the _defendant did print_, or publish, or
both, a _paper of the tenor_, and of the meaning, so _charged by the
information_." "If it is of the tenor and meaning set out in the
information, the next consideration is, whether he _did print and
publish it_." "If you ... find the defendant not guilty, the fact
established by that verdict is, _he did not publish a paper of that
meaning_;" "the fact finally established by your verdict, if you find
him guilty, is, that _he printed_ and published a _paper, of the
tenor_ and of the meaning set _forth in the information_;" "but you do
_not give an opinion ... whether it is or not lawful to print a paper_
... of the tenor and meaning in the information;" "if in point of fact
it is innocent, it would be an innocent thing."
Thus practically the judge left the jury only one thing to determine,
Did Mr. Miller print Junius's letter to the king? That was a fact as
notorious as it now is in Boston that the _Daily Advertiser_ supported
the fugitive slave bill, and helped its execution, for the letter to
the king was there in Mr. Miller's journal as plainly as those
defences of the fugitive slave bill were in the _Advertiser_. If the
jury said "guilty," the court had the defendant in their claws,--and
all the wrath of the most malignant tories would fall on him and rend
him in pieces. But the jury fell back on their legitimate function to
determine the Fact, the Law, and the Application of the law to the
fact, and returned a verdict, Not Guilty, which a great multitude
repeated with loud acclaim!
* * * * *
7. Next, Gentlemen, I will relate a few cases in which the government
set all justice at defiance and clove down the right of speech,
commonly packing submissive juries. In 1790 and following years, while
the French Revolution was in progress, the thoughtful eyes of England
fell on the evils of her own country. America was already a Republic,
just recovering from the shock of violent separation from her
mother,--young, poor, but not unprosperous, and full of future promise
too obvious to escape the sagacious politicians who there saw a
cause--
"----with fear of change,
Perplexing Kings."
Public-domain text, read in full here on John Shaqi.
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