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)
6. In 1680 Benjamin Harris, a bookseller, sold a work called "An
Appeal from the country to the city for the Preservation of his
Majesty's Person, Liberty, Property, and the Protestant Religion." He
was brought to trial for a libel, before Recorder Jeffreys and Chief
Justice Scroggs who instructed the jury they were only to inquire _if
Harris sold the book_, and if so, find him "guilty." It was for the
court to determine what was a libel. He was fined five hundred pounds
and placed in the pillory; the Chief Justice wished that he might be
also whipped.[88]
[Footnote 88: 7 St. Tr. 925.]
7. The same year Henry Carr was brought to trial. He published a
periodical--"the Weekly Packet of advice from Rome, or the History of
Popery"--hostile to Romanism. Before the case came to court, Scroggs
prohibited the publication on his own authority. Mr. Carr was
prosecuted for a libel before the same authority, and of course found
guilty. The character of that court also was judgment against natural
right. Jane Curtis and other women were in like manner punished for
speaking or publishing words against the same "great judge."[89] And
it was held to be a "misdemeanor" to publish a book reflecting on the
justice of the nation--the truer the book the worse the libel! It was
"obstructing an officer," and of course it was a greater offence to
"obstruct" him with Justice and Truth than with wrong and lies. The
greater the justice of the act the more dangerous the "crime!" If the
language did not hit any one person it was "malice against all
mankind."
[Footnote 89: 7 St. Tr. 1111, 959; 4 Parl. Hist. 1274.]
8. In 1684 Sir Samuel Barnardiston was brought to trial charged with a
"High Misdemeanor." He had written three private letters to be
sent--it was alleged--by post to his friend, also a private man. The
letters do not appear designed for any further publication or use;
they related to matters of news, the events of the day and comments
thereon, and spoke in praise of Algernon Sidney and Lord Russell who
were so wickedly beheaded about the time the letters were written. It
would require a microscopic eye to detect any evil lurking there.
Jeffreys presided at the trial, and told the jury:--
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