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 all the States of Anglo-Saxon origin there are two great popular
institutions--Democratic Legislation and Democratic Administration of
Law.
In the process of its historical development the first has come to the
representative form of democratic legislation,--popular law-making by
a body of sworn delegates met in an Assembly, local or federal,
subject to a constitution, written or only traditional, which is the
People's Power of Attorney, authorizing them to do certain matters and
things pertinent to law-making. These are a Jury of general
Law-makers.
In its process of historical development, the second has also come to
a representative form, that of democratic application of law, popular
law-applying, by a body of sworn delegates, that is a Court, subject
to a constitution and laws, written or only traditional, which are the
People's Power of Attorney authorizing them to do certain matters and
things pertinent to law-applying. These are a Jury of special
Law-appliers.
Neither of them as yet has reached its perfect and ultimate form; both
are still in a state of transition. These two are the most valuable
institutional safeguards against unorganized selfishness in the
community,--against thieves, robbers, murderers, traitors, and the
like; against the organized selfishness which gets into places of
delegated power, and would misuse the Form of law so as to prevent the
People from attaining the Purpose of law.
There is also a body of men intermediate between the two,--the
Law-Explainers, the Judges. Speaking theoretically they are not
ultimately either Law-makers or Law-appliers, yet practically, in
their legitimate function, they certainly have much to do with both
the making and applying of laws. For it is their business, not only
to preside at all trials, and determine many subordinate questions of
mere form to expedite the process, but also from the whole mass of
laws, oral or written, statutes and customs, to select such particular
laws as they think require special attention,--this is like the work
of law-makers; and also, in their charges to the grand and petty
Juries, to suggest the execution thereof in such cases as the times
may bring,--this like the work of the law-appliers.
Public-domain text, read in full here on John Shaqi.
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