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)
In England the use of torture has never been conformable either to
common or to statute law; but how often has it been practised by a
corrupt administration and wicked judges! In 1549 Lord Seymour of
Sudley, Admiral of England, was put to the torture;[51] in 1604 Guy
Fawkes was "horribly racked."[52] Peacham was repeatedly put to
torture as you have just now heard, and that in the presence of Lord
Bacon himself in 1614.[53] Peacock was racked in 1620, Bacon and Coke
both signing the warrant for this illegal wickedness,--"he deserveth
it as well as Peacham did," said the Lord Chancellor, making his own
"ungodly custom" stand for law.[54] In 1627 the Lord Deputy of Ireland
wanted to torture two priests, and Charles I. gave him license, the
privy council consenting--"all of one mind that he might rack the
priests if he saw fit, and hang them if he found reason!"[55] In 1628
the judges of England solemnly decided that torture was unlawful; but
it had always been so,--and Yelverton, one of the judges, was a member
of the commission which stretched Peacham on the rack.[56] Yet, spite
of this decision, torture still held its old place, and a warrant from
the year 1610 still exists for inflicting this illegal atrocity on a
victim of the court.[57] Yet even so late as 1804, when Thomas Pictou,
governor of Trinidad, put a woman to tortures of the most cruel
character, by the connivance of the court he entirely escaped from all
judicial punishment.[58] Yes, torture was long continued in England
itself, though not always by means of thumbscrews and Scottish boots
and Spanish racks; the monstrous chains, the damp cells, the perpetual
irritation which corrupt servants of a despotic court tormented their
victims withal, was the old demon under another name.[59] Nay, within
a few months the newspapers furnish us with examples of Americans
being put to the torture of the lash to force a confession of their
alleged crime--and this has been done by the power which this court
has long been so zealous to support--the Slave Power of America.
[Footnote 51: See 2 St. Tr. 774, note.]
[Footnote 52: 1 Jardine, Crim. Tr. 16.]
[Footnote 53: 2 St. Tr. 871.]
[Footnote 54: 1 Jardine, 19.]
[Footnote 55: Ibid.]
[Footnote 56: 3 St. Tr. 371. See 30 St. Tr. 892.]
[Footnote 57: 1 Jardine, 20. See Emlyn, Preface to St. Tr. in 1
Hargrave, p. iii.]
[Footnote 58: 30 St. Tr. 225.]
[Footnote 59: See case of Huggins in 17 St. Tr. 297, 309.]
It has been well said:--
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