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 — John Shaqi
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)
(I.) The open Assumption of Power by military violence. This method is
followed in countries where love of Individual Liberty is not much
developed in the consciousness of the people, and where democratic
institutions are not fixed facts in their history; where the nation is
not accustomed to local self-government, but wonted to a strong
central power directed by a single will. This form prevails in Russia,
Turkey, and among all the Romanic tribes in Europe, and their
descendants in America. Military usurpation, military rule is
indigenous in France,--where two Napoleons succeed thereby,--in Italy,
in Spain, and most eminently in Spanish America. But no people of the
Teutonic family for any length of time ever tolerated a usurping
soldier at the head of affairs, or submitted to martial arbitrary
rule, or military violence in the chief magistrate. It is against our
habit and disposition.
Neither Cromwell nor William of Orange could do with the Anglo-Saxon
what it would have been impossible not to do with Spaniards or
Italians. Even warlike Swiss--Teutonic tribes--will have a government
with due process of law, not by the abrupt violence of the soldier.
Washington could not have established a military monarchy in America
had he been so wickedly disposed. Even William the Conqueror must rule
the Saxons by Saxon law.
(II.) The corruption of the acknowledged safeguards of public
security. This is attempted in nations who have a well-known love of
individual liberty, and institutional defences thereof, the habit of
Local Self-government by Democratic Law-making and Law-administering.
For example, this experiment has been repeatedly made in England. The
monarch seeking to destroy the liberty of the people, accomplishes
his violent measure by the forms of peaceful law, by getting the
judicial class of men on the side of despotism. Then all the
wickedness can be done in the name, with the forms, and by "due
process" of law, by regular officers thereof--done solemnly with the
assistance of slow and public deliberation.
Gentlemen of the Jury, this is a matter of such importance to the
People of America just now, that I must beg you to bear with me while
I explain this subtle operation. I will select examples from the
history of England which are easy to understand, because her blood is
kindred to our own, and the institutions of the two countries are
related as parent and child. And besides, her past history affords
alike warning and guidance in our present peril.
* * * * *
(I.) The first step in this process of political iniquity is, to
appoint men for judges and other officers of the court, who know no
law higher than the selfish will of the hand that feeds them, mere
creatures of the rest [Transcriber's Note: for 'rest' read
'government'; see Errata].
I will select instances of this from the reign of the Stuart kings and
one of their successors, from a period full of melancholy warning to
America.
Public-domain text, read in full here on John Shaqi.
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