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)
7. The warrant having been issued for the seizure of Mr. Craft,
Marshal Devens applied to Benjamin R. Curtis for legal advice as to
the degree of force he might use in serving it, and whether it ought
to be regarded as a civil or a criminal process. George T. Curtis was
employed by his brother to search for authorities on these points.
They two, together, as appears from the letter of George T. Curtis to
Mr. Webster, induced Marshal Devens to ask a further question, which
gave Benjamin R. Curtis an opportunity to come out with an elaborate
opinion in favor of the constitutionality of the fugitive slave bill,
dated November 9, 1850. This was published in the newspapers. In order
to maintain the constitutionality of this act, Benjamin R. Curtis was
driven to assume, as all its defenders must, that the Commissioner, in
returning the fugitive, performs none of the duties of a Judge; that
the hearing before him is not "a case arising under the laws of the
United States;" that he acts not as a judicial, but merely as an
executive and "ministerial" officer--not deciding him to be a slave,
but merely giving him up, to enable that point to be tried
elsewhere.[186] But, spite of this opinion, public justice and the
Vigilance Committee forced the (Southern) slave-hunters to flee from
Boston, after which, Mr. and Mrs. Craft left America to find safety in
England, the evident rage and fierce threats of the disappointed
Boston slave-hunters making it unsafe for them to remain.
[Footnote 186: On this see Hildreth's Despotism, 262, 280.
Commissioner Loring considers that the fugitive slave bill
commissioners have "_judicial_ duties." Remonstrance to General Court,
2.]
8. After the failure of this attempt to arrest Mr. Craft, Thomas B.
Curtis got up a "Union Meeting" at Faneuil Hall, November 26,
1850.[187] The call was addressed to such as "regard with disfavor all
further popular agitation" of the subject of Slavery. Thomas B. Curtis
called the meeting to order: William W. Greenough, from the "Committee
of Arrangements," presented the resolutions, which you have already
heard.[188] It was said at the time that they were written, wholly or
in part, by Mr. Benjamin R. Curtis, who moved their adoption and made
a long and elaborate speech thereon.
[Footnote 187: See Mr. Curtis's letter in Daily Advertiser of February
7, 1855.]
[Footnote 188: See above, p. 148, 149.]
Gentlemen of the Jury, as I just now gave you some passages from Mr.
Hallett's speech on that occasion, allow me now to read you some
extracts from Mr. Curtis's address. The general aim of the speech was
to reconcile the People to kidnapping; the rhetorical means to this
end were an attempt to show that kidnapping was expedient; that it was
indispensable; that it had been long since agreed to; that the Slaves
were foreigners and had no right in _Massachusetts_. He said:--
Public-domain text, read in full here on John Shaqi.
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