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)
1. In 1606 came "the great Case of Impositions," not mentioned in the
ordinary histories of England. The king assumed the right to tax the
nation by his own prerogative. He ordered a duty of five shillings on
every hundred pounds of currants imported into the kingdom to be
levied in addition to the regular duty affixed by Act of Parliament.
This was contrary to law, nay, to the Constitution of England, her
Magna Charta itself provided against unparliamentary taxation. Sir
John Bates, a London merchant, refused to pay the unlawful duty, and
was prosecuted by information in the Star-Chamber. "The courts of
justice," says Mr. Hallam, "did not consist of men conscientiously
impartial between the king and the subject; some corrupt with hopes of
promotion, many more fearful of removal, or awe-struck by the fear of
power." On the "trial" it was abundantly shown that the king had no
right to levy such a duty. "The accomplished but too pliant judges,
and those indefatigable hunters of precedents for violations of
constitutional government, the great law-officers of the crown,"
decided against the laws, and Chief Justice Fleming maintained that
the king might lay what tax he pleased on imported goods! The corrupt
decision settled the law for years--and gave the king absolute power
over this branch of the revenue, involving a complete destruction of
the liberty of the people,--for the Principle would carry a thousand
measures on its back.[61] The king declared Fleming a judge to his
"heart's content." Bacon's subserviency did not pass unrewarded. Soon
after James issued a decree under the great seal, imposing heavy
duties on almost all merchandise "to be for ever hereafter paid to the
king and his successors, on pain of his displeasure."[62] Thus the
Measure became a Principle.
[Footnote 61: 2 St. Tr. 371, and 11 Hargrave, 29; 1 Campbell's
Justices, 204.]
[Footnote 62: 1 Hallam, 231. See 1 Parl. Hist. 1030, 1132, 1150;
Baker's Chronicle, 430.]
2. James, wanting funds, demanded of his subjects forced contributions
of money,--strangely called "Benevolences," though there was no
"good-will" on either side. It was clearly against the fundamental
laws of the kingdom. Sir Oliver St. John refused to pay what was
demanded of him, and wrote a letter to the mayor of Marlborough
against the illegal exaction. For this he was prosecuted in the
Star-Chamber in 1615 by Attorney-General Bacon. The court, with Lord
Chancellor Ellesmere at its head, of course decided that the king had
a right to levy Benevolences at pleasure. St. John was fined five
thousand pounds, and punished by imprisonment during the king's
pleasure. This decision gave the king absolute power over all property
in the realm,--every private purse was in his hands![63] With such a
court the king might well say, "Wheare any controversyes arise, my
Lordes the Judges chosene betwixte me and my people shall discide and
rulle me."[64]
[Footnote 63: 2 St. Tr. 899; 1 Hallam, 251; 2 Campbell, 291.]
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