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)
3. Was Marshal Freeman, at the time of the obstruction, in the peace
of the United States, or was he himself violating the law thereof? For
if he were violating the law and thereby injuring some other man, and
I obstructed him in that injury, then I am free from all legal guilt,
and did a citizen's duty in obstructing his illegal conduct. Now it
appears that he was kidnapping and stealing Anthony Burns for the
purpose of making him the slave of one Suttle of Virginia, who wished
to sell him and acquire money thereby; and that Mr. Freeman did this
at the instigation of Commissioner Loring who was entitled to receive
ten dollars if he enslaved Mr. Burns, and five only for setting him
free. It appears also that Marshal Freeman was to receive large,
official money for this kidnapping, and such honor as this
Administration, and the Hunker newspapers, and lower law divines can
bestow.
Now you are to consider whether a man so doing was in the peace of the
United States. He professes to have acted under the fugitive slave
bill which authorizes him to seize, kidnap, steal, imprison, and carry
off any person whatsoever, on the oath of any slaveholder who has
fortified himself with a piece of paper of a certain form and tenor
from any court of slaveholders in the slave States. Is that bill
Constitutional? The Constitution of the United States is the People's
Power of Attorney by which they authorize certain servants, called
Legislative, Judicial, and Executive officers, to do certain matters
and things in a certain way, but prohibit them from doing in the name
of the People, any thing except those things specified, or those in
any but the way pointed out. Does the fugitive slave bill attempt
those things and only those, in the way provided for in that Power of
Attorney; or other things, or in a different way?
To determine this compound question you will look (1.) at the ultimate
Purpose of the Constitution, the End which the People wanted to
attain; and (2.) at the provisional Means, the method by which they
proposed to reach it. Here of course the Purpose is more important
than the Means. The Preamble to this Power of Attorney clearly sets
forth this Purpose aimed at: here it is, "to form a more perfect
Union, establish Justice, insure domestic Tranquillity, provide for
the Common Defence, promote the General Welfare, and secure the
Blessings of Liberty." Is the fugitive slave bill a Measure tending to
that End?
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