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 writ of habeas corpus was issued in their behalf by the
Supreme Court, then sitting at Madison, the Capital of the
State, returnable before them there. Escorted by two
thousand of their fellow-citizens, thither, in charge of the
High Sheriff, they had a hearing at once. After full
deliberation, the Court unanimously ordered them to be
discharged. The majority of the Court made this decision on
the ground of the unconstitutionality of the fugitive slave
law, one Judge (Crawford) sustaining the law, but concurring
in the order on the ground that no offence, under that Act,
was charged in the indictment. So the prisoners were
discharged, and brought home in triumph."
Gentlemen, that matter will be carried up to the Supreme Court of the
United States, and you may yet hear the opinion of the Hon. Associate
Justice Curtis, for which let us wait with becoming reverence.
* * * * *
3. Here is the case of Mr. Sloane, which happened in the State of
Ohio.
In October, 1852, several colored persons were about leaving Sandusky
in a steamer for Detroit, when they were seized and taken before Mr.
Follet, mayor of the city, and claimed as fugitive slaves. This
seizure was made by the city marshal and three persons claiming to act
for the owners of the slaves.
After the colored persons were brought before the mayor, their friends
engaged Mr. Rush R. Sloane to act as counsel in their defence. He
demanded of the mayor and the claimants by what authority the
prisoners were detained. There was no reply. He then asked, whether
they were in the custody of a United States Marshal or Commissioner.
Again there was no reply. He next called for any writs, papers, or
evidences by which they were detained. Still there was no answer. He
then said to his clients, "_I see no authority to detain your colored
friends._"
At that time some one near the door cried out, "Hustle them out," and
soon the crowd and the alleged fugitives were in the street. Then one
of the claimants said to Mr. Sloane, "I own these slaves; they are my
property, and I shall hold you individually liable for their escape."
_These were the first and only words he spoke to Mr. Sloane, and then
not until the black men were in the street._
In due time Mr. Sloane was arrested for resisting the execution of the
fugitive slave bill, though he had _only acted as legal counsel for
the alleged slaves and had offered no resistance to the law, by deed,
or word, or sign_.
Public-domain text, read in full here on John Shaqi.
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