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)
"One other rule of law on this subject is necessary to be
borne in mind--the substantive offence to which the advice
or incitement applied must have been committed; and it is
for that alone the adviser or procurer is legally
accountable. Thus if one should counsel another to rescue
one prisoner, and he should rescue another, unless by
mistake; or if the incitement was to rescue a prisoner, and
he commit a larceny, the inciter is not responsible. But it
need not appear _that the precise time, or place, or means
advised_, were used. Thus if one incite A. to murder B., but
advise him to wait until B. shall be at a certain place at
noon, and A. murders B. at a different place in the morning,
the adviser is guilty. So if the incitement be to poison,
and the murderer shoots, or stabs. So if the counsel be to
beat another, and he is beaten to death, the adviser is a
murderer; for having incited another to commit an unlawful
act, he is responsible for all that ensues upon its
execution.
"These illustrations are drawn from cases of felonies,
because they are the most common in the books and the most
striking in themselves; but the principles on which they
depend are equally applicable to cases of misdemeanor. In
all such cases the real question is, whether the accused did
procure, counsel, command, or abet the substantive offence
committed. If he did, it is of no importance that his advice
or directions were departed from in respect to the time, or
place, or precise mode or means of committing it.
"Gentlemen: The events which have recently occurred in this
city, have rendered it my duty to call your attention to
these rules of law, and to direct you to inquire whether in
point of fact the offence of obstructing process of the
United States has been committed; if it has, you will
present for trial all such persons as have so participated
therein as to be guilty of that offence. And you will allow
me to say to you that if you or I were to begin to make
discriminations between one law and another, and say this we
will enforce and that we will not enforce, we should not
only violate our oaths, but so far as in us lies, we should
destroy the liberties of our country, which rest for their
basis upon the great principle that our country is governed
by laws, constitutionally enacted, and not by men.
"In one part of our country the extradition of fugitives
from labor is odious; in another, if we may judge from some
transactions, the law concerning the extradition of
fugitives from justice has been deemed not binding; in
another still, the tariff laws of the United States were
considered oppressive, and not fit to be enforced.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account