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)
law trusts we ought not to distrust." "The Acts of Parliament contain
no express words to take away so high a prerogative; and the King's
prerogative, even in lesser matters, is always saved, where express
words do not restrain it."[71]
[Footnote 70: Whitelocke, Memor. 25.]
[Footnote 71: 2 Hallam, 16.]
It required six months of judicial labor to bring forth this result,
which was of "infinite disservice to the crown." Thereupon Mr. Hallam
says:--
"Those who had trusted to the faith of the judges were
undeceived by the honest repentance of some, and looked with
indignation on so prostituted a crew. That respect for
courts of justice which the happy structure of our Judicial
administration has in general kept inviolate, was exchanged
for distrust, contempt, and a desire of vengeance. They
heard the speeches of some of the Judges with more
displeasure than even their final decision. Ship-money was
held lawful by Finch and several other Judges, not on the
authority of precedents which must in their nature have some
bounds, but on principles subversive of every property or
privilege in the subject. Those paramount rights of
monarchy, to which they appealed to-day in justification of
Ship-money, might to-morrow serve to supersede other laws,
and maintain more exertions of despotic power. It was
manifest by the whole strain of the court lawyers that no
limitations on the King's authority could exist but by the
King's sufferance. This alarming tenet, long bruited among
the churchmen and courtiers, now resounded in the halls of
justice."[72]
[Footnote 72: 2 Hallam, 18.]
Thus by the purchased vote of a corrupt Judiciary all the laws of
Parliament, all the customs of the Anglo-Saxon tribe, Magna Charta
itself with its noble attendant charters, were at once swept away, and
all the property of the kingdom put into the hands of the enemy of the
People. These four decisions would make the King of England as
absolute as the Sultan of Turkey, or the Russian Czar. If the opinion
of the Judges in the case of Impositions and Ship-money were accepted
in law,--then all the Property of the People was the King's; if the
courts were correct in their judgments giving the King the power by
his mere will to imprison any subject, during pleasure, and also to do
the same even with members of Parliament and punish them for debates
in the House of Commons, then all liberty was at an end, and the
King's Prerogative extended over all acts of Parliament, all property,
all persons.
Public-domain text, read in full here on John Shaqi.
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