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)
To do this, he thinks, will "promote harmony and good feeling, where
it is extremely desirable to promote it, encourage frequent
intercourse, and soften prejudices by increasing acquaintance, and
tend to peace and union and good-will." "It will work no injury to the
State [Massachusetts], by violating any public law of the State. The
only law in the statute-book applicable to the subject of Slavery is
the law against kidnapping." "It will work no direct injury to the
citizens of this State for, ... it respects only strangers." "It is
consistent with the public policy of Massachusetts, to permit this ...
right of the master." "_It may be perfectly consistent with our policy
not only to recognize the validity and propriety of those
institutions_ [of Slavery] _in the States where they exist_, but _even
to interfere actively to enable the citizens of those States to enjoy
those institutions at home._" That is, it may be the duty of
Massachusetts, "to interfere actively" in Louisiana for the
establishment and support of Slavery there!
Pennsylvania, New York, New Jersey, and Rhode Island, he adds, have
made laws allowing the slaveholder this right: "The legislatures of
those States are the legitimate and highest authority in regard to
their public policy; what they have declared on this subject, must be
deemed to be true.... We are not at liberty to suppose that it is
contrary to their public policy, that the master should exercise this
right within their territory. I respectfully ask what difference there
is between the policy of Pennsylvania, New York, Rhode Island, and New
Jersey, and the policy of Massachusetts, on the subject of Slavery."
"I shall now attempt," he adds, "to prove that _Slavery is not
immoral_." How do you think he proved that? Did he cite the Bible? No,
he left that to lower law divines. Did he manufacture Bible? No, the
Hon. Peleg Sprague had sufficiently done that a year before. He took a
shorter cut--he denied there was any morality but Legality. "I take it
to be perfectly clear," said this young man in all the moral
enthusiasm of his youth, "that the Standard of Morality by which
Courts of Justice are to be guided is that which the law prescribes.
Your Honors' Opinion as Men or as Moralists has no bearing on the
question. Your Honors are to declare what the Law deems moral or
immoral."
Gentlemen, that needs no comment; this trial is comment enough. But
according to that rule no law is immoral. It was "not immoral" in 1410
to hang and burn thirty-nine men in one day for reading the Bible in
English; the Catholic Inquisition in Spain was "not immoral;" the
butchery of Martyrs was all right soon as lawful! There is no Higher
Law!
Public-domain text, read in full here on John Shaqi.
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