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)
But Virginia was too high-spirited to bear this. Nay, Gentlemen of the
Jury, the whole Nation then was too fond of justice and liberty to
allow such wickedness to proceed in the name of law. "Virginia was in
a flame;" the lawyers "throughout the country were stung to the
quick." They had not been so long under the slave-power then as now.
At this day, Gentlemen, such conduct, such insolence, yet more
oppressive, rouses no general indignation in the lawyers. But then the
Alien and Sedition Laws ruined the Administration, and sent Mr.
Adams--who yet never favored them--from his seat; his successor, Mr.
Jefferson, says, "_I discharged every person under punishment_, or
prosecution, _under the Sedition Law, because I considered and now
consider, that law to be a nullity as absolute and as palpable as if
Congress had ordered us to fall down and worship a golden
image_."[161] Judge Chase was impeached by the House of
Representatives, tried by the Senate, and only escaped condemnation by
the prejudice of the political partisans. As it was, a majority were
in favor of his condemnation. But the Constitution, properly, requires
two thirds. Judge Chase escaped by this provision. But his influence
was gone.
[Footnote 161: 4 Jefferson, Correspondence in Wharton, 721.]
The Alien and Sedition Laws, which sought to gag the People, and make
a Speech a "misdemeanor," soon went to their own place; and on the 4th
of July, 1840, Congress passed a law to pay Mr. Lyon and others the
full amount of the fine and costs levied upon them, with interest to
the date of payment: a Committee of the House had made a report on
Lyon's case, stating that "the law was unconstitutional, null, and
void, passed under a mistaken exercise of undelegated power, and that
the mistake ought to be remedied by returning the fine so obtained,
with interest thereon."[162] Just now, Gentlemen, Judge Chase and the
principles of the Sedition Law appear to be in high favor with the
Federal Courts: but one day the fugitive slave bill will follow the
Alien and Sedition Bill, and Congress will refund all the money it has
wrenched unjustly from victims of the Court. There is a To-morrow
after to-day, and a Higher Law which crushes all fugitive slave bills
into their kindred dust.
[Footnote 162: 2 Sess. 26th, Cong. Doc. 86, Ho. Rep.; Wharton, 344,
679. See also Virginia Resolutions (1850), and the remarks in the
Debates. Then Virginia was faithful to State Rights, and did a service
to the cause of Liberty which no subsequent misconduct should make us
forget.]
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