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. Is it expedient in this particular case to apply this law, under
the circumstances, to this man, and punish him with fine and
imprisonment? If you say "yes" you will then proceed to the last part
of the whole investigation, and will ask:--
4. Is it just and right; that is according to the Natural Law of God,
the Constitution of the Universe? Here you will consider several
things.
(1.) What was the Marshal legally, constitutionally, and justly doing
at the time he was obstructed? He was stealing, kidnapping, and
detaining an innocent man, Anthony Burns, with the intention of
depriving him of what the Declaration of Independence calls his
natural and unalienable Right to liberty and the pursuit of happiness.
Mr. Burns had done no wrong or injury to any one--but simply came to
Massachusetts, to possess and enjoy these natural rights. Marshal
Freeman had seized him on the false charge of burglary, had chained
him in a dungeon contrary to Massachusetts law,--there were irons on
his hands.
It is said he was a slave: now a slave is a person whom some one has
stolen from himself, and by force keeps from his natural rights. Mr.
Burns sought to rescue himself from the thieves who held him; Marshal
Freeman took the thieves' part.
(2.) Was there any effectual mode of securing to Mr. Burns his natural
and unalienable Right except the mode of forcible rescue? Gentlemen of
the Jury, it is very clear there was none at all. The laws of
Massachusetts were of no avail. Your own Supreme Court, which in 1832,
at the instigation of Mr. Charles P. Curtis, sent a little boy not
fourteen years old into Cuban Slavery to gratify a slave-hunting West
Indian, in 1851, had voluntarily put its neck under the Southern
chain. Your Chief Justice, who acquired such honorable distinction in
1836 by setting free the little girl Med from the hands of the
Curtises, in 1851 spit in the face of Massachusetts, and spurned her
laws with his judicial foot. It was plain that Commissioner Loring did
not design to allow his victim a fair trial--for he had already
prejudged the case; he advised Mr. Phillips "to make no defence, put
no 'obstruction' in the way of the man's going back, as he probably
will," and, before hearing the defence sought to settle the matter by
a sale of Mr. Burns.
Public-domain text, read in full here on John Shaqi.
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