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)
Some of the ablest lawyers in Virginia were engaged for the defence.
But they could not secure any decent regard to the common forms of
law, or to the claims of justice. He would not grant the delay always
usual in such cases, and indispensable to the defence. He refused to
allow the defendants' counsel to examine their most important witness,
and allowed them to put none but written questions approved of by him!
The defendant was not allowed to prove the truth of any statements,
alleged to be libellous, by establishing the truth of one part through
one witness and of another through a different one. He would not allow
him to argue to the jury that the law was unconstitutional. "We all
know that juries have the right to decide the law as well as the fact,
and the Constitution is the Supreme law of the land." "Then," said
Mr. Wirt, "since the jury have a right to consider the law, and since
the Constitution is law, it is certainly syllogistic that the jury
have a right to consider the Constitution;" and the judge exclaimed,
"a _non sequitur_, Sir!" "Sit down, Sir!" Mr. Wirt sat down. The judge
declared "a right is given to the jury to determine what the law is in
the case before them, and not to decide whether a statute is a law or
not, or whether it is void, under an opinion that it is
unconstitutional." "It appears to me the right now claimed has a
direct tendency to dissolve the Union." "No citizen of knowledge and
information ... will believe, without very strong and indubitable
proof, that Congress will, intentionally, make any law in violation of
the Federal Constitution." "If such a case should happen, the mode of
redress is pointed out in the Constitution." It was obvious that
Congress had made laws in violation of the Constitution, and he
insisted that the jury should enforce those laws against their own
conscience. After all his violent injustice he of course declared "the
decisions of courts of justice will not be influenced by political and
_local_ principles and prejudices." The packed jury found the prisoner
guilty. He was fined $200 and sent to jail for nine months.
Public-domain text, read in full here on John Shaqi.
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