,transcriber's ,note3 ,a table of contents has been added for the reader's convenience4 ,errors listed in the ,errata section have been noted with a ,transcriber's ,note2 other obvious printer errors have been corrected without note4 ,,the ,,trial ,,of ,,theodore ,,parker1 ,,for ,,the ,,misdemeanor ,,of ,a ,speech in ,faneuil ,hall against ,kidnapping1 ,,before ,,the ,,circuit ,,court ,,of ,,the ,,united ,,states1 ,,at ,,boston1 ,,april #c1 #ahee4 ,,with ,,the ,,defence1 ,,by ,,theodore ,,parker1 ,,minister ,,of ,,the ,,twenty-,,eighth ,,congregational ,,society ,,in ,,boston4 ,,boston3 ,,published ,,for ,,the ,,author4 #ahee4 ,entered according to ,act of ,congress1 in the year #ahee1 by ,,theodore ,,parker1 ,in the ,clerk's ,office of the ,district ,court of the ,district of ,massachusetts4 ,,cambridge3 ,,allen ,,and ,,farnham1 ,,printers4 ,,contents ,,preface ,,introduction ,,defence ,,errata ,,other ,,works ,,by ,,the ,,same ,,author ,,to ,,john ,,parker ,,hale ,,and ,,charles ,,mayo ,,ellis1 ,,magnanimous ,,lawyers1 ,,for ,,their ,,labors ,,in ,a ,,noble ,,profession1 ,,which ,,having ,,once ,,in ,,england ,,its ,,kelyng1 ,,its ,,saunders1 ,,its ,,jeffreys1 ,,and ,,its ,,scroggs1 ,,as ,,now ,,in ,,america ,,its ,,sharkey1 ,,its ,,grier1 ,,its ,,curtis1 ,,and ,,its ,,kane1 ,,has ,,yet ,,also ,,such ,,generous ,,advocates ,,of ,,humanity ,,as ,,equal ,,the ,,glories ,,of ,,holt ,,and ,,erskine1 ,,of ,,mackintosh ,,and ,,romilly1 ,,for ,,their ,,eloquent ,,and ,,fearless ,,defence ,,of ,,truth1 ,,right1 ,,and ,,love1 ,,this ,,volume ,,is ,,dedicated1 ,,by ,,their ,,client ,,and ,,friend1 ,,theodore ,,parker4 ,,preface4 ,,to ,,the ,,people ,,of ,,the ,,free ,,states ,,of ,,america4 ,,fellow-,,citizens ,,and ,,friends1-- ,if it were a merely personal matter for which ,i was arraigned before the ,united ,states ,court1 after the trial was over ,i should trouble the public no further with that matter2 and hitherto indeed1 though often attacked1 nay1 almost continually for the last fourteen years1 ,i have never returned a word in defence4 ,but now1 as this case is one of such vast and far-reaching importance1 involving the great ,human ,right to ,freedom of ,speech1 and as the actual question before the court was never brought to trial1 ,i cannot let the occasion pass by without making further use of it4 ,when ,judge ,curtis delivered his charge to the ,grand-,jury1 ,june #gth1 #ahed1 ,i made ready for trial1 and in three or four days my line of defence was marked out--the fortifications sketched1 the place of the batteries determined2 ,i began to collect arms1 and was soon ready for his attack4 ,when that ,grand-,jury1 summoned with no special reference to me1 refused to find a bill and were discharged1 ,i took public notice of the conduct of ,judge ,curtis1 in a ,sermon for the ,fourth of ,july4#a ,but ,i knew the friends of the fugitive slave bill at ,boston and ,washington too well to think they would let the matter sleep2 ,i knew what arts could be used to pack a jury and procure a bill4 ,so ,i was not at all surprised when ,i heard of the efforts making by the ,slave ,power in ,boston to obtain an indictment by another grand-jury summoned for that purpose4 ,it need not be supposed that ,i was wholly ignorant of their doings from day to day4 ,the arrest was no astonishment to me4 ,i knew how much the reputation of this ,court and of its ,attorney depended on the success of this prosecution4 ,i knew what private malignity was at work4 ,footnote #a3 #b ,parker's ,additional ,speeches1 #agh-bhc4 ,after my arraignment ,i made elaborate preparation for my defence4 ,i procured able counsel1 men needing no commendation1 to manage the technical details which ,i knew nothing about and so could not meddle with1 while ,i took charge of other matters lying more level to my own capacity4 ,i thought it best to take an active part in my own defence1--for the matter at issue belonged to my previous studies and general business2 my personal friends and the ,people in general1 seemed to expect me to defend myself as well as ,i could4 ,a great political revolution took place between the ,judge's charge and my arraignment1 ,june #gth1 and ,november #bith1 #ahed1 and ,i thought the ,court would not allow the case to come to open argument4 ,for certainly1 it would not be a very pleasant thing for ,judge ,sprague and ,judge ,curtis1 who have taken such pains to establish slavery in ,massachusetts1 to sit there--each like a travestied ,prometheus1 chained up in a silk gown because they had brought to earth fire from the quarter opposite to ,heaven--and listen to ,mr4 ,hale1 and ,mr4 ,phillips and other anti-slavery lawyers1 day after day3 there were facts1 sure to come to light1 not honorable to the ,court and not pleasant to look at in the presence of a ,new ,england community then getting indignant at the outrages of the ,slave ,power4 ,i never thought the case would come to the jury4 ,i looked over the indictment1 and to my unlearned eye it seemed so looped and windowed with breaches that a skilful lawyer might drive a cart and six oxen through it in various directions2 and so the ,court might easily quash the indictment and leave all the blame of the failure on the poor ,attorney--whom they seemed to despise1 though using him for their purposes--while they themselves should escape with a whole reputation1 and ears which had not tingled under manly speech4 ,still1 it was possible that the trial would come on4 ,of course1 ,i knew the trial would not proceed on the day ,i was ordered to appear--the eighty-fifth anniversary of the ,boston ,massacre4 ,it would be unavoidably postponed1 which came to pass accordingly4 ,the ,attorney1 very politely1 gave me all needed information from time to time4 ,at the trial1 ,april #c;d1 it was optional with the defendant's counsel to beat the ,government on the indictment before the ,court2 or on the merits of the case before the ,jury4 ,the latter would furnish the most piquant events1 for some curious scenes were likely to take place in the examination of witnesses1 as well as instruction to be offered in the ,speeches delivered4 ,but on the whole1 it was thought best to blow up the enemy in his own fortress and with his own magazine1 rather than to cut him to pieces with our shot in the open field4 ,so the counsel rent the indictment into many pieces--apparently to the great comfort of the ,judges1 who thus escaped the battle1 which then fell only on the head of the ,attorney4 ,at the time appointed ,i was ready with my defence--which ,i now print for the ,country4 ,it is a ,minister's performance1 not a lawyer's4 ,of course1 ,i knew that the ,court would not have allowed me to proceed with such a defence--and that ,i should be obliged to deliver it through the press4 ,had there been an actual jury trial1 ,i should have had many other things to offer in reference to the ,government's evidence1 to the testimony given before the grand-jury1 and to the conduct of some of the grand-jurors themselves4 ,so the latter part of the defence is only the skeleton of what it otherwise might have been1--the geological material of the country1 the ,flora and ,fauna left out4 ,it would have been better to publish it immediately after the decision of the case3 but my brief was not for the printer1 and as many duties occurred at that time1 it was not till now1 in a little vacation from severer toils1 that ,i have found leisure to write out my defence in full4 ,fellow-,citizens and ,friends1 ,i present it to you in hopes that it may serve the great cause of ,human ,freedom in ,america and the world2 surely1 it has seldom been in more danger4 ,,theodore ,,parker4 ,,boston1 #bdth ,august1 #ahee4 ,,introduction4 ,on ,tuesday1 the #bc;d of ,may1 #ahed1 ,charles ,f4 ,suttle of ,virginia1 presented to ,edward ,greeley ,loring1 ,esquire1 of ,boston1 ,commissioner1 a complaint under the fugitive slave bill--,act of ,september #ahth1 #ahej--praying for the seizure and enslavement of ,anthony ,burns4 ,the next day1 ,wednesday1 ,may #bdth1 ,commissioner ,loring issued the warrant3 ,mr4 ,burns was seized in the course of the evening of that day1 on the false pretext of burglary1 and carried to the ,suffolk ,county ,court ,house in which he was confined by the ,marshal1 under the above-named warrant1 and there kept imprisoned under a strong and armed guard4 ,on the #beth1 at about nine o'clock in the morning1 the ,commissioner proceeded to hear and decide the case in the ,circuit ,court room1 in which were stationed about sixty men serving as the ,marshal's guard4 ,seth ,j4 ,thomas1 ,esquire1 and ,edward ,griffin ,parker1 ,esquire1 members of the ,suffolk ,bar1 appeared as counsel for ,mr4 ,suttle to help him and ,commissioner ,loring make a man a ,slave4 ,mr4 ,burns was kept in irons and surrounded by the guard4 ,the ,slave-hunter's documents were immediately presented1 and his witness was sworn and proceeded to testify4 ,wendell ,phillips1 ,theodore ,parker1 ,charles ,m4 ,ellis1 and ,richard ,h4 ,dana1 with a few others1 came into the ,court room4 ,mr4 ,parker and some others1 spoke with ,mr4 ,burns1 who sat in the dock ironed1 between two of the ,marshal's guard4 ,after a little delay and conference among these four and others1 ,mr4 ,dana interrupted the proceedings and asked that counsel might be assigned to ,mr4 ,burns1 and so a defence allowed4 ,to this ,mr4 ,thomas1 the senior counsel for the ,slave-hunters1 objected4 ,but after repeated protests on the part of ,mr4 ,dana and ,mr4 ,ellis1 the ,commissioner adjourned the hearing until ten o'clock1 ,saturday1 ,may #bgth4 ,on the evening of ,friday1 ,may #bfth1 there was a large and earnest meeting of men and women at ,faneuil ,hall4 ,mr4 ,george ,r4 ,russell1 of ,west ,roxbury1 presided2 his name is a fair exponent of the character and purposes of the meeting1 which ,dr4 ,samuel ,g4 ,howe called to order4 ,speeches were made and ,resolutions passed4 ,mr4 ,phillips and ,mr4 ,parker1 amongst others1 addressed the meeting2 ,mr4 ,parker's speech1 as reported and published in the newspapers1 is reprinted in this volume1 page #aii4 ,while this meeting was in session there was a gathering of a few persons about the ,court ,house1 the outer doors of which had been unlawfully closed by order of the ,marshal2 an attempt was made to break through them and enter the building1 where the ,supreme ,court of ,massachusetts was sitting engaged in a capital case2 and the ,courts of this ,state must always sit with open doors4 ,in the strife one of the ,marshal's guard1 a man hired to aid in the ,slave-hunt1 was killed--but whether by one of the assailing party1 or by the ,marshal's guard1 it is not yet quite clear4 ,it does not appear from the evidence laid before the public or the three ,grand-,juries1 that there was any connection between the meeting at ,faneuil ,hall and the gathering at the ,court ,house4 ,saturday1 #bgth1 at ten o'clock1 the ,commissioner opened his ,court again1 his prisoner in irons before him4 ,the other events are well known4 ,mr4 ,burns was taken away to ,slavery on ,friday1 ,june #b;d1 by an armed body of soldiers with a cannon4 ,the ,may ,term of the ,circuit ,court at ,boston began on the #aeth of that month1 and the ,grand-,jury for that term had already been summoned4 ,here is the list3-- ,,united ,,states ,,circuit ,,court1 ,,massachusetts ,,district4 ,may ,term1 #ahed4 ss4 ,may #ae1 #ahed4 ,,grand-,,jury4 #a ,sworn4 ,isaac ,tower1 ,randolph1 ,foreman4 #b ,elbridge ,g4 ,manning1 ,andover4 #c ,asa ,angier1 #d ,ballard ,lovejoy1 #e ,levi ,eldridge1 ,chatham4 #f ,isaac ,b4 ,young1 #g ,josiah ,peterson1 ,duxbury4 #h ,james ,curtis1 #i ,not ,sworn4 ,william ,amory1 ,boston1 ,excused first day4 ,member of the bar4 #aj ,sworn4 ,james ,p4 ,bush1 ,absent ,june #bhth4 #aa ,john ,clark1 #ab ,charles ,h4 ,mills1 #ac ,william ,n4 ,tyler1 #ad ,samuel ,weltch1 #ae ,reuben ,nichols1 ,reading4 #af ,benjamin ,m4 ,boyce1 #ag ,ephraim ,f4 ,belcher1 ,randolph4 #ah ,thomas ,s4 ,brimblecome1 ,fairhaven4 #ai ,obed ,f4 ,hitch1 #bj ,lowell ,claflin1 ,hopkinton4 #ba ,william ,durant1 ,leominster4 #bb ,charles ,grant1 #bc ,jeremiah ,b4 ,luther1 ,douglas4 ,on the #gth of ,june1 ,judge ,curtis gave to this ,grand-,jury his charge4#b ,in that he spoke of the enforcement of the fugitive slave bill2 and he charged the ,jury especially and minutely upon the ,statute of the ,united ,states of #agij1 in relation to resisting officers in service of process as follows4 ,footnote #b3 ,the charge is printed below1 at page #agj4 ,that not only those who are present and actually obstruct1 resist1 and oppose1 and all who are present leagued in the common design1 and so situated as to be able in case of need1 to afford assistance to those actually engaged2 but all who1 though absent1 did procure1 counsel1 command1 or abet others to commit the offence2 and all who1 by indirect means1 by evincing an express liking1 approbation1 or assent to the design1 were liable as principals4 ,and he added1 ,my instruction to you is1 that language addressed to persons who immediately afterwards commit an offence1 actually intended by the speaker to incite those addressed to commit it1 and adapted thus to incite them1 is such a counselling1 or advising to the crime as the law contemplates1 and the person so inciting others is liable to be indicted as a principal1 and it is of no importance that his advice or directions were departed from in respect to the time1 or place1 or precise mode1 or means of committing it4 ,that ,jury remained in session a few weeks3 pains were taken to induce them to find bills against the speakers at ,faneuil ,hall2 but they found no indictment under the law of #agij1 or that of #ahej2 they were discharged4 ,on the #bb;d of ,september1 venires were issued by order of the ,court for a new ,grand-,jury2 and1 on the #afth of ,october1 twenty-three were returned by ,marshal ,freeman1 and impanelled4 ,here is the list of new ,grand-,jurors3-- ,,united ,,states ,,circuit ,,court1 ,,massachusetts ,,district4 ,october ,term1 #ahed4 ss4 ,october #af1 #ahed4 ,,grand-,,jury4 #a ,sworn4 ,enoch ,patterson1 ,jr41 ,boston1 ,foreman4 #b ,david ,alden1 #c ,stephen ,d4 ,abbott1 ,andover4 #d ,isaac ,beal1 ,chatham4 #e ,john ,burrill1 ,reading4 #f ,mathew ,cox1 ,boston4 #g ,richard ,b4 ,chandler1 ,duxbury4 #h ,charles ,l4 ,cummings1 ,douglas4 #i ,charles ,carter1 ,leominster4 #aj ,warren ,davis1 ,reading4 #aa ,william ,w4 ,greenough1 ,boston4 #ab ,george ,o4 ,hovey1 #ac ,john ,m4 ,howland1 ,fairhaven4 #ad ,sworn4 ,manson ,d4 ,haws1 ,leominster4 #ae ,john ,holbrook1 ,randolph4 ,excused4 ,nathaniel ,johnson1 ,hopkinton1 ,excused first day1 ,october #afth1 for the term4 #af ,sworn4 ,george ,londen1 ,duxbury4 #ag ,nathan ,moore1 ,andover4 #ah ,samuel ,p4 ,ridler1 ,boston4 #ai ,christopher ,ryder1 ,chatham4 #bj ,john ,smith1 ,andover4 #ba ,appollos ,wales1 ,randolph4 #bb ,samuel ,l4 ,ward1 ,fairhaven4 ,this ,grand-,jury was not charged by the ,judge upon the statute of #agij1 or #ahej1 but was referred to ,mr4 ,hallett1 the ,attorney1 for the instructions previously given to the ,jury that had been discharged1 namely1 for his charge of ,june #gth1 already referred to4 ,mr4 ,william ,w4 ,greenough1 brother-in-law of ,judge ,curtis1 was one of the ,jury4 ,they found the following indictment against ,mr4 ,parker3-- ,,united ,,states ,,of ,,america4 ,circuit ,court of the ,united ,states of ,america1 for the ,district of ,massachusetts4 ,at a ,circuit ,court of the ,united ,states of ,america1 for the ,district of ,massachusetts1 begun and holden at ,boston1 the aforesaid ,district1 on the sixteenth day of ,october1 in the year of our ,lord one thousand eight hundred and fifty-four 7the fifteenth day of said ,october being ,sunday74 ,the ,jurors of the ,united ,states within the aforesaid ,district1 on their oath1 present4 #ast4 ,that heretofore to wit1--on the twenty-fourth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 a certain warrant and legal process directed to the ,marshal of the said ,district of ,massachusetts1 or either of his ,deputies1 was duly issued under the hand and seal of ,edward ,g4 ,loring1 ,esquire1 who was then and there a ,commissioner of the ,circuit ,court of the ,united ,states1 for said ,district1 which said warrant and legal process was duly delivered to ,watson ,freeman1 ,esquire1 who was then and there an officer of the ,united ,states1 to wit1 ,marshal of the ,united ,states1 for the said ,district of ,massachusetts1 at ,boston1 in the ,district aforesaid1 on the said twenty-fourth day of ,may in the year aforesaid1 and was of the purport and effect following1 that is to say3-- ,,united ,,states ,,of ,,america4 ,,massachusetts ,,district1 ,,ss4 ,to the ,marshal of our ,district of ,massachusetts1 or either of his ,deputies1 ,greeting3 ,in the name of the ,president of the ,united ,states of ,america1 you are hereby commanded forthwith to apprehend ,anthony ,burns1 a negro man1 alleged now to be in your ,district1 charged with being a fugitive from labor1 and with having escaped from service in the ,state of ,virginia1 if he may be found in your precincts1 and have him forthwith before me1 ,edward ,g4 ,loring1 one of the ,commissioners of the ,circuit ,court of the ,united ,states for the said ,district1 then and there to answer to the complaint of ,charles ,f4 ,suttle1 of ,alexandria1 in the said ,state of ,virginia1 ,merchant1 alleging under oath that the said ,anthony ,burns on the twenty-fourth day of ,march last1 did and for a long time prior thereto had1 owed service and labor to him the said ,suttle1 in the said ,state of ,virginia1 under the laws thereof1 and that1 while held to service there by said ,suttle1 the said ,burns escaped from the said ,state of ,virginia1 into the ,state of ,massachusetts2 and that the said ,burns still owes service and labor to said ,suttle in the said ,state of ,virginia1 and praying that said ,burns may be restored to him said ,suttle in said ,state of ,virginia1 and that such further proceedings may then and there be had in the premises as are by law in such cases provided4 ,hereof fail not1 and make due return of this writ1 with your doings therein before me4 ,witness my hand and seal at ,boston1 aforesaid1 this twenty-fourth day of ,may1 in the year one thousand eight hundred and fifty-four4 ,,edward ,g4 ,,loring1 ,commissioner4 ,l4,s4 ,and the ,jurors aforesaid do further present1 that the said warrant and legal process1 being duly issued and delivered as aforesaid1 afterwards to wit1 on the twenty-fifth day of ,may1 in the year aforesaid1 at ,boston in said ,district1 the said ,watson ,freeman then and there being an officer of the said ,united ,states1 to wit ,marshal of the ,district aforesaid1 and in pursuance of said warrant and legal process1 did then and there arrest the said ,anthony ,burns named therein1 and had him before the said ,edward ,g4 ,loring1 ,commissioner1 for examination--and thereupon the hearing of the said case was adjourned by the said ,commissioner until ,saturday the twenty-seventh day of ,may1 in the year aforesaid1 at ten o'clock in the forenoon2 and the said ,marshal1 who had so made return of the said ,warrant1 was duly ordered by the said ,commissioner to retain the said ,anthony ,burns in his custody1 and have him before the said ,commissioner on the said twenty-seventh day of ,may in the year aforesaid1 at the ,court ,house in said ,boston1 which said last-mentioned legal process and order was duly issued under the hand of the said ,edward ,g4 ,loring1 ,commissioner1 and was of the purport and effect following1 that is to say3 ,u4,s4 ,,of ,,america1 ,,district ,,of ,,massachusetts4 ,boston1 ,may #be1 #ahed4 ,and now the hearing of this case being adjourned to ,saturday1 ,may #bg1 #ahed1 #aj ,a4,m41 the said ,marshal1 who has made return of this warrant1 is hereby ordered to retain the said ,anthony ,burns in his custody1 and have him before me at the time last mentioned1 at the ,court ,house in ,boston1 for the further hearing of the ,complaint on which the warrant was issued4 ,,edward ,g4 ,,loring1 ,commissioner4 ,and the ,jurors aforesaid do further present1 that on the twenty-sixth day of ,may1 in the year aforesaid1 in pursuance of the warrant and legal process aforesaid1 and of said further legal process and order last mentioned1 the said ,watson ,freeman1 ,marshal as aforesaid1 then and there1 at the said ,court ,house in said ,boston1 had in his custody the person of the said ,anthony ,burns1 in the due and lawful execution of the said warrant and legal process1 and of the said further legal process and order1 in manner and form as he was therein commanded--and one ,theodore ,parker1 of ,boston1 in said ,district1 ,clerk1 then and there well knowing the premises1 with force and arms did knowingly and wilfully obstruct1 resist1 and oppose the said ,watson ,freeman1 then and there being an officer of the said ,united ,states1 to wit1 ,marshal of the said ,district1 in serving and attempting to serve and execute the said warrant and legal process1 and the said further legal process and order in manner and form as he was therein commanded1 to the great damage of the said ,watson ,freeman1 to the great hinderance and obstruction of ,justice1 to the evil example of all others1 in like case offending1 against the peace and dignity of the said ,united ,states1 and contrary to the form of the ,statute in such case made and provided4 #b;d4 ,and the ,jurors aforesaid1 on their oath aforesaid1 do further present1 that on the twenty-sixth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 at ,boston1 in said ,district1 one ,theodore ,parker1 of ,boston1 in said ,district1 ,clerk1 with force and arms1 did knowingly and wilfully obstruct1 resist1 and oppose one ,watson ,freeman1 who was then and there the ,marshal of the ,united ,states of ,america1 for the ,district of ,massachusetts1 and an officer of the said ,united ,states1 in serving and attempting to serve and execute a certain warrant and legal process1 which before that time1 to wit1 on the twenty-fourth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 had been duly issued under the hand and seal of ,edward ,g4 ,loring1 ,esquire1 a ,commissioner of the ,circuit ,court of the ,united ,states1 for said ,district of ,massachusetts1 and directed to the ,marshal of the ,district of ,massachusetts1 or either of his deputies1 which said warrant and legal process the said ,freeman1 in the due and lawful execution of his said office1 had then and there in his hands and possession for service of the same1 and which he was then and there serving and attempting to serve and execute2 which said warrant commanded the said ,freeman to apprehend one ,anthony ,burns and to have him forthwith before the said ,commissioner1 then and there to be dealt with according to law4 ,against the peace and dignity of the said ,united ,states1 and contrary to the form of the ,statute in such case made and provided4 #c;d4 ,and the ,jurors aforesaid1 on their oath aforesaid1 do further present1 that on the twenty-sixth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 at ,boston1 in said ,district1 the said ,theodore ,parker1 with force and arms1 did knowingly and wilfully obstruct1 resist1 and oppose one ,watson ,freeman1 who was then and there an officer of the said ,united ,states1 to wit1 the ,marshal of the ,united ,states for the said ,district of ,massachusetts1 in serving and attempting to serve and execute a certain legal process which before that time1 to wit1 on the #beth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 had been duly issued under the hand of ,edward ,g4 ,loring1 who was then and there a ,commissioner of the ,circuit ,court of the ,united ,states1 for the said ,district of ,massachusetts1 and was then and there duly empowered to issue said legal process1 and which said legal process was duly committed for obedience and execution to the said ,freeman1 ,marshal as aforesaid1 wherein and whereby and in pursuance of the command whereof the said ,freeman was then and there lawfully retaining1 detaining1 and holding one ,anthony ,burns for the further hearing and determination of a certain complaint1 upon which a warrant before that time1 to wit1 on the twenty-fourth day of said ,may1 had been duly issued under the hand and seal of the said ,commissioner1 by force of which warrant the said ,anthony ,burns had been duly arrested and apprehended by the said ,freeman1 and in execution of the same1 on the twenty-fifth day of said ,may had been brought by the said ,freeman before the said ,commissioner4 #dth4 ,and the jurors aforesaid1 on their oath aforesaid1 do further present1 that on the twenty-sixth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 at ,boston1 in said district1 the said ,theodore ,parker1 with force and arms1 did knowingly and wilfully obstruct1 resist1 and oppose one ,watson ,freeman1 who was then and there an officer of the said ,united ,states1 to wit1 ,marshal of the ,united ,states1 for the ,district of ,massachusetts1 in serving and attempting to serve and execute a certain warrant and legal process1 which before that time1 to wit1 on the twenty-fourth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 had been duly issued under the hand and seal of ,edward ,g4 ,loring1 ,esquire1 a ,commissioner of the ,circuit ,court of the ,united ,states1 for the ,district of ,massachusetts1 and directed to the ,marshal of the said ,district of ,massachusetts or either of his ,deputies1 which the said ,freeman1 in the due and lawful execution of his said office1 had then and there in his hands and possession for service of the same1 and which he was then and there serving and attempting to serve and execute2 which warrant commanded the said ,freeman to apprehend one ,anthony ,burns1 and to have him forthwith before the said commissioner and that such further proceedings might then and there be had in the premises1 as are by law in such cases provided1--and also in serving and attempting to serve and execute a certain further legal process which before that time1 to wit1 on the twenty-fifth day of ,may1 in the year aforesaid1 had been duly issued under the hand of the said ,commissioner1 and duly committed for obedience and execution to the said ,freeman1 wherein and whereby1 and in pursuance of the command whereof1 the said ,freeman was then and there lawfully retaining1 detaining1 and holding the said ,anthony ,burns for the further hearing and determination of a certain complaint upon which the warrant aforesaid had been issued by the said ,commissioner4 #eth4 ,and the ,jurors aforesaid on their oath aforesaid1 do further present that one ,theodore ,parker1 of ,boston1 in said ,district1 ,clerk1 on the #bfth day of ,may1 in the year of our ,lord one thousand eight hundred and fifty-four1 at ,boston1 in the said ,district of ,massachusetts1 with force and arms1 in and upon one ,watson ,freeman1 then and there in the peace of the said ,united ,states being1 an assault did make1 he the said ,freeman also then and there being an officer of the said ,united ,states1 to wit1 ,marshal of the ,united ,states1 for the said ,district of ,massachusetts1 and then and there also being in the due and lawful discharge of his duties as such officer4 ,and so the jurors aforesaid1 on their oath aforesaid1 do say and present that the said ,theodore ,parker1 at ,boston aforesaid1 on the said twenty-sixth day of said ,may1 with force and arms assaulted the said ,freeman as such officer1 and knowingly and wilfully obstructed1 resisted1 and opposed him in the discharge of his lawful duties in manner and form aforesaid1 against the peace and dignity of the said ,united ,states1 and contrary to the form of the ,statute in such cases made and provided4 ,and the ,jurors aforesaid1 on their oath aforesaid1 do further present that the said ,theodore ,parker was first apprehended in said ,district of ,massachusetts1 after committing the aforesaid offence1 against the peace and dignity of the said ,united ,states1 and contrary to the form of the statute in such case made and provided4 ,a true bill4 ,,enoch ,,patterson1 ,,jr41 ,foreman4 ,b4,f4 ,,hallett1 ,united ,states ,attorney for the ,district of ,massachusetts4 ,similar indictments were found against ,mr4 ,phillips1 ,mr4 ,stowell1 ,rev4 ,t4,w4 ,higginson1 ,john ,morrison1 ,samuel ,t4 ,proudman1 and ,john ,c4 ,cluer4 ,mr4 ,parker was arraigned on ,wednesday1 ,november #bith1 and ordered to recognize in bonds of #a1ejj for his appearance at that ,court1 on the #eth of ,march1 #ahee4 ,his bondsmen were ,messrs4 ,samuel ,may1 ,francis ,jackson1 and ,john ,r4 ,manley2 his counsel were ,hon4 ,john ,p4 ,hale1 and ,charles ,m4 ,ellis1 ,esq4 ,the other gentlemen were arraigned afterwards at different times4 ,after considerable uncertainty about the engagements of ,hon4 ,justice ,curtis1 ,tuesday1 ,april #c;d1 was fixed for the commencement of the trials4 ,at that time there appeared as counsel for the government1 ,hon4 ,benjamin ,f4 ,hallett1 ,district ,attorney1 and ,elias ,merwin1 ,esq41 formerly a law partner of ,judge ,curtis2 on the other side were ,hon4 ,john ,p4 ,hale1 and ,charles ,m4 ,ellis1 ,esq41 for ,mr4 ,parker2 ,wm4 ,l4 ,burt1 ,esq41 ,john ,a4 ,andrew1 ,esq41 and ,h4,f4 ,durant1 ,esq41 counsel for ,messrs4 ,phillips1 ,higginson1 ,stowell1 ,bishop1 ,morrison1 ,proudman1 and ,cluer4 ,mr4 ,hale1 as senior counsel1 stated to the court that the counsel for the defendants in several of the cases had conferred1 and concluded--on the supposition that the ,court and ,government would assent to the plan as most for their own convenience1 as well as that of the defendants' counsel--to file the like motion on the different cases2 and1 instead of each counsel going over the whole ground for each case1 to divide the matter presented for debate1 and for each to discuss some particular positions on behalf of them all4 ,this was assented to2 and motions1 of which the following is a copy1 were filed in the several cases3-- ,,circuit ,,court ,,of ,,the ,,united ,,states1 ,,massachusetts ,,district1 ,,ss4 ,united ,states by ,indictment v4 ,theodore ,parker4 ,and now said ,theodore ,parker comes and moves that the indictment against him be quashed1 because1 #a4 ,the writ of venire for the jury that found said indictment was directed to and returned by ,watson ,freeman1 the ,marshal1 who was not an indifferent person1 and it was not served and returned as the law directs4 #b4 ,because said ,jury was not an impartial ,jury of the ,district1 designated as the laws require1 but the jury ,districts for this court embrace but a portion of the ,district and of the population1 and said jury was in fact chosen and designated from but a fraction of the ,district and contrary to law4 #c4 ,because the matters and things alleged in said indictment do not constitute any crime under the statute on which said indictment is framed1 the said statute not embracing them1 or being1 so far as it might embrace them1 repealed by the statute of eighteen hundred and fifty4 #d4 ,because said indictment does not allege and set forth fully and sufficiently the authority and the proceedings whereon the alleged warrant and order were based1 or facts sufficient to show that the alleged process and order were lawfully issued by any person duly authorized1 and his authority and jurisdiction1 and that the same were within such jurisdiction1 and issued by the authority of the law1 and originated1 issued1 and directed as the law prescribes2 said warrant and order not being alleged to have issued from any court or tribunal of general or special jurisdiction1 but by a person vested with certain specific statute authority4 #e4 ,because said indictment and the several counts thereof are bad on the face of them1 as follows1 viz43-- ,first1 it nowhere appearing that the same were found by a grand-jury1 because the second and third counts do not conclude1 against the form of the statute1 and have no conclusion1 because the third and fourth counts do not set forth the estate1 degree1 or mystery of the person therein charged4 ,because said indictment and the counts thereof are repugnant and inconsistent1 the same being based on an alleged obstruction1 resistance1 and opposition to the service of an action1 order1 or warrant1 which is therein averred to have been already served1 executed1 and returned4 ,because the first and fifth counts are double4 ,because the alleged order of ,may #beth1 referred to therein1 was a void and illegal1 order4 ,because1 if the alleged warrant was served as therein alleged1 said ,watson ,freeman did not1 and by law could not thereafter1 hold the person described therein1 under any process or order4 ,and because the same do not set forth and allege fully and specifically the acts charged to be offences against the statute1 so as to inform said party charged1 of the nature and cause of the accusation4 #f4 ,because the warrant set forth and referred to therein was void on its face1 and issued from and ran into a jurisdiction not authorized by law1 and directed the arrest of a person without legal cause1 and because said indictment is otherwise bad1 uncertain1 and insufficient4 ,mr4 ,wm4 ,l4 ,burt commenced the argument of the motions1 and presented several of the points4 ,he was followed by ,mr4 ,c4,m4 ,ellis1 ,j4,a4 ,andrew1 and ,h4,f4 ,durant1 who severally discussed some of the grounds of the motions4 ,elias ,merwin1 ,esquire1 and ,mr4 ,attorney ,hallett1 replied4 ,the ,court stated that they did not wish to hear ,hon4 ,john ,p4 ,hale1 who was about to rejoin and close in support of the motion1 and decided that the allegation1 on the indictment1 that ,edward ,g4 ,loring was a ,commissioner of the ,circuit ,court of the ,united ,states for said ,district1 was not a legal averment that he was such a ,commissioner as is described in the bill of #ahej1 and therefore the indictments were bad4 ,the ,court said they supposed it to be true that ,mr4 ,loring was such a ,commissioner1 and that his authority could be proved by producing the record of his appointment2 that they did not suppose the absence of this averment could be of any practical consequence to the defendants1 so far as respected the substantial merits of the cases2 and it was true the objection to the indictment was technical2 but they held it sufficient1 notwithstanding the averment that the warrant was duly issued1 and ordered the indictment against ,stowell to be quashed4 ,on every other point1 save that that the ,court could properly construct the ,jury roster and return the ,jury from a portion of the ,district1 the ,judge said they would express no opinion4 ,mr4 ,hallett insisted on his right to enter a nolle prosequi in the other cases2 and the ,judges decided that1 though all the cases had been heard upon the motion1 yet as it could make no difference whether an entry were made that this indictment be quashed1 or an entry of nolle prosequi1 the ,attorney might enter a nolle prosequi if he chose to do so then1 before the ,court passed any order on the motions4 ,mr4 ,hallett accordingly entered a nolle prosequi in all the other cases1 and the whole affair was quashed4#c ,footnote #c3 ,see ,law ,reporter for ,june1 #ahee4 ,,defence4 ,,may ,,it ,,please ,,the ,,court3 ,,gentlemen ,,of ,,the ,,jury4--,it is no trifling matter which comes before you this day4 ,you may hereafter decide on millions of money1 and on the lives of your fellow men2 but it is not likely that a question of this magnitude will ever twice be brought before the same jurymen4 ,opportunities to extend a far-reaching and ghastly wickedness1 or to do great service for mankind1 come but seldom in any man's life4 ,your verdict concerns all the people of the ,united ,states2 its influence will reach to ages far remote1 blessing or cursing whole generations not yet born4 ,the affair is national in its width of reach1--its consequences of immense duration4 ,in addressing you1 ,gentlemen1 my language will be more didactic than rhetorical1 more like a lecture1 less like a speech2 for ,i am not a lawyer but a minister1 and do not aim to carry a ,measure1 which with you will go of its own accord1 so much as to set forth a ,principle that will make such prosecutions as impossible hereafter1 as a conviction now is to-day4 ,gentlemen1 ,i address you provisionally1 as ,representatives of the ,people4 ,to them1 my words are ultimately addressed1--to the ,people of the ,free ,states of ,america4 ,i must examine many things minutely1 not often touched upon in courts like this4 ,for mine is a ,political ,trial2 ,i shall treat it accordingly4 ,i am charged with no immoral act--with none even of selfish ambition4 ,it is not pretended that ,i have done a deed1 or spoken a word1 in the heat of passion1 or vengeance1 or with calculated covetousness1 to bring money1 office1 or honor1 to myself or any friend4 ,i am not suspected of wishing to do harm to man or woman2 or with disturbing any man's natural rights4 ,nay1 ,i am not even charged with such an offence4 ,the ,attorney and the two ,judges are of one heart and mind in this prosecution2 ,mr4 ,hallett's ,indictment is only the beast of burthen to carry to its own place ,mr4 ,curtis's ,charge to the ,grand-,jury1 fit passenger for fitting carriage6 ,the same tree bore the ,judge's blossom in ,june1 and the ,attorney's fruit in ,october1--both reeking out the effluvia of the same substance4 ,but neither ,attorney nor ,judge dares accuse me of ill-will which would harm another man1 or of selfishness that seeks my own private advantage4 ,no1 ,gentlemen of the ,jury1 ,i am on trial for my love of ,justice2 for my respect to the natural ,rights of ,man2 for speaking a word in behalf of what the ,declaration of ,independence calls the self-evident ,truth1--that all men have a natural1 equal1 and unalienable ,right to ,life1 ,liberty1 and the pursuit of ,happiness4 ,i am charged with words against what ,john ,wesley named1 the ,sum of all ,villanies1 against a national crime so great1 that it made freethinking ,mr4 ,jefferson1 with all his ,french ,infidelity1 tremble when he remembered that ,god is just4 ,i am on trial for my manly virtue1--a ,minister of the ,christian ,religion on trial for keeping the ,golden ,rule6 ,it is alleged that ,i have spoken in ,boston against kidnapping in ,boston2 that in my own pulpit1 as a minister1 ,i have denounced ,boston men for stealing my own parishioners2 that as a man1 in ,faneuil ,hall1 the spirit of ,james ,otis1 of ,john ,hancock1 and three ,adams's about me1 with a word ,i obstructed the ,marshal of ,boston and a ,boston ,judge of ,probate1 in their confederated attempts to enslave a ,boston man4 ,when the ,government of the ,united ,states has turned kidnapper1 ,i am charged with the misdemeanor of appealing from the ,atheism of purchased officials to the ,conscience of the ,people2 and with rousing up ,christians to keep the golden rule1 when the ,rulers declared ,religion had nothing to do with politics and there was no ,law of ,god above the fugitive slave bill6 ,such are the acts charged4 ,gentlemen of the ,jury1 you are summoned here to declare them a ,crime1 and then to punish me for this offence6 ,you are the ,axe which the ,government grasps with red hand to cleave my head asunder4 ,it is a trial where ,franklin ,pierce1 transiently ,president of the ,united ,states1 and his official coadjutors1--,mr4 ,caleb ,cushing1 ,mr4 ,benj4 ,r4 ,curtis1 and ,mr4 ,benj4 ,f4 ,hallett1--are on one side1 and the ,people of the ,united ,states on the other4 ,as a ,measure1 your decision may send me to jail for twelve months2 may also fine me three hundred dollars4 ,to me personally it is of very small consequence what your verdict shall be4 ,the fine is nothing2 the imprisonment for twelve months--,gentlemen1 ,i laugh at it6 ,nay1 were it death1 ,i should smile at the official gibbet4 ,a verdict of guilty would affix no stain to my reputation4 ,i am sure to come out of this trial with honor--it is the ,court that is sure to suffer loss--at least shame4 ,i do not mean the ,court will ever feel remorse1 or even shame1 for this conduct2 ,i am no young man now1 ,i know these men1--but the ,people are sure to burn the brand of shame deep into this tribunal4 ,the blow of that axe1 if not parried1 will do me no harm4 ,but it is not ,i1 merely1 now put to trial4 ,nay1 it is the unalienable ,rights of ,humanity1 it is truths self-evident4 ,for on the back of that compliant ,measure1 unseen1 there rides a ,principle4 ,the verdict expected of you condemns liberal institutions3 all ,religion but priestcraft--the abnegation of religion itself2 all ,rights but that to bondage--the denial of all rights4 ,the word which fines me1 puts your own purse in the hands of your worst enemies2 the many-warded key which shuts me in jail1 locks your lips forever--your children's lips forever4 ,no complaint against oppression hereafter6 ,kidnapping will go on in silence1 but at noonday1 not a minister stirring4 ,meeting-houses will be shut2 all court houses have a loaded cannon at their door1 chains all round them1 be stuffed with foreign soldiers inside1 while commissioners swear away the life1 the liberty1 and even the ,estate of the subjected citizens4 ,all ,probate ,judges will belong to the family of man-stealers4 ,faneuil ,hall will be shut1 or open only for a ,union ,meeting1 where the ruler calls together his menials to indorse some new act of injustice1--only creatures of the ,government1 men like the marshal's guard last ,june1 allowed to speak words paid for by the ,people's coward sweat and miserable blood4 ,the blow which smites my head will also cleave you asunder from crown to groin4 ,your verdict is to vindicate ,religion with ,freedom of ,speech1 and condemn the stealing of men2 or else to confirm ,kidnapping and condemn ,religion with ,freedom of ,speech4 ,you are to choose whether you will have such men as ,wendell ,phillips for your advisers1 or such as ,benjamin ,f4 ,hallett and ,benjamin ,r4 ,curtis for your masters1 with the marshal's guard1 for their appropriate servants4 ,do you think ,i doubt how you will choose8 ,already a power of iniquity clutches at your children's throat2 stabs at their life--at their soul's life4 ,i stand between the living tyrant and his living victim2 aye1 betwixt him and expected victims not yet born1--your children1 not mine4 ,i have none to writhe under the successful lash which tyrants now so subtly braid therewith1 one day1 to scourge the flesh of well-descended men4 ,i am to stand the champion of human ,rights for generations yet unborn4 ,it is a sad distinction6 ,hard duties have before been laid on me1--none so obviously demanding great powers as this4 ,whereto shall ,i look up for inspiring aid8 ,only to ,him who gave words to the slow tongue of ,moses and touched with fire ,esaias' hesitating lips1 and dawned into the soul of tent-makers and fishermen with such great wakening light1 as shining through them1 brought day to nations sitting in darkness1 yet waiting for the consolation4 ,may such ,truth and ,justice enable me also1 to speak a testimony unto the ,gentiles2 ,he who chose the weak things1 to bring to nought the mighty1 may not despise such humble services as mine4 99 99 99 99 99 ,gentlemen of the ,jury1 my ministry deals chiefly with the ,laws of ,god1 little with the statutes of men4 ,my manhood has been mainly passed in studying absolute1 universal truth1 teaching it to men1 and applying it to the various departments of life4 ,i have little to do with courts of law4 ,yet ,i am not now altogether a stranger to the circuit court room of the ,united ,states1 having been in it on five several occasions before4 #a4 ,a ,polish exile1--a man of famous family1 ancient and patrician before ,christendom had laid eyes on ,america1 once also of great individual wealth1 a man of high rank alike acquired and inherited1 once holding a high place at the court of the ,czar1--became a fugitive from ,russian despotism1 seeking an asylum here2 he came to the circuit court room to lecture on the ,roman ,law4 ,i came to contribute my two mites of money1 and receive his wealth of learning4 #b4 ,the next time1 ,i came at the summons of ,thomas ,sims4 ,for a creature of the slave-power had spontaneously seized that poor and friendless boy and thrust him into a dungeon1 hastening to make him a slave1--a beast of burthen4 ,he had been on his mock trial seven days1 and had never seen a ,judge1 only a commissioner1 nor a ,jury2 no ,court but a solitary kidnapper4 ,some of his attendants had spoken of me as a minister not heedless of the welfare and unalienable rights of a black man fallen among a family of thieves4 ,i went to the court house4 ,outside it was belted with chains4 ,in despotic ,europe ,i had seen no such spectacle1 save once when the dull tyrant who oppressed ,bavaria with his licentious flesh1 in #ahdd put his capital in a brief state of siege and chained the streets4 ,the official servant of the kidnapper1 club in hand1 a policeman of this city1 goaded to his task by ,mayor ,bigelow and ,marshal ,tukey1--men congenitally mingled in such appropriate work1--bade me ,get under the chain4 ,i pressed it down and went over4 ,the ,judges of our own ,supreme ,court1 they went under1--had gone out and in1 beneath the chain6 ,how poetry mingles with fact6 ,the chain was a symbol1 and until this day remaineth the same chain1 untaken away in the reading of the fugitive slave bill2 and when the law of ,massachusetts is read1 the chain is also upon the neck of that court6 ,within the court house was full of armed men4 ,i found ,mr4 ,sims in a private room1 illegally1 in defiance of ,massachusetts law1 converted into a jail to hold men charged with no crime4 ,ruffians mounted guard at the entrance1 armed with swords1 fire-arms1 and bludgeons4 ,the door was locked and doubly barred besides4 ,inside the watch was kept by a horrid looking fellow1 without a coat1 a naked cutlass in his hand1 and some twenty others1 their mouths nauseous with tobacco and reeking also with half-digested rum paid for by the city4 ,in such company1 ,i gave what consolation ,religion could offer to the first man ,boston ever kidnapped1--consolations which took hold only of eternity1 where the servant is free from his master1 for there the wicked cease from troubling4 ,i could offer him no comfort this side the grave4 #c4 ,i visited the ,united ,states court a third time4 ,a poor young man had been seized by the same talons which subsequently griped ,sims in their poison1 deadly clutch4 ,but that time1 wickedness went off hungry1 defeated of its prey2 for the ,lord delivered him out of their hands1 and ,shadrach escaped from that ,babylonish furnace1 heated seven times hotter than its wont3 no smell of fire had passed on him4 ,but the rescue of ,shadrach was telegraphed as treason4 ,the innocent lightning flashed out the premeditated and legal lie1--it is levying war6 ,what offence it was in that ,fourth ,one who walked with the ,hebrew children1 making their good confession1 and sustained the old ,shadrach1 ,meshach1 and ,abednego1 ,i know not4 ,but the modern countrymen of the ,african ,shadrach1 charged with some great crime1 were haled into this court to be punished for their humanity6 ,i came to look on these modern ,angels of the ,deliverance1 to hear counsel of ,mr4 ,dana1 then so wise and humane1 and to listen to the masterly eloquence which broke out from the great human heart of my friend1 ,mr4 ,hale1 and rolled like the ,mississippi1 in its width1 its depth1 its beauty1 and its continuous and unconquerable strength4 #d4 ,the fourth time1 a poor man had been kidnapped1 also at night1 and forced into the same illegal jail4 ,he sat in the dock--an innocent man1 to be made into a beast4 ,the metamorphosis had begun2--he was already in chains and his human heart seemed dead in him2 sixty ruffians were about him1 aiding in this drama1 hired out of the brothels and rum-shops for a few days1 the lust of kidnapping serving to vary the continual glut of those other and less brutal appetites of unbridled flesh4 ,while that trial lasted1 whoredom had a ,sabbath day1 and brawlers rested from their toil4 ,opposite sat the ,boston ,judge of ,probate1 and the ,boston ,district ,attorney1--the ,moses and ,elias of this inverted transfiguration2 there sat the marshal1 two gentlemen from ,virginia1 claiming that a ,boston man was their beast of burthen1 owing service and labor in ,richmond2 two lawyers1 members of the ,suffolk bar1 pistols in their coats1 came to support the allegation and enforce the claim4 ,honorable men stood up to defend him4 ,there is one of them1--to defend me ,charles ,m4 ,ellis4 ,you know very well the rest of that sad story1--the mock trial of ,anthony ,burns lasted from ,may #beth till ,june #b;d4 ,i was here in all the acts of that ,tragedy4 ,my own life was threatened2 friend and foe gave me public or anonymous warning4 ,i sat between men who had newly sworn to kill me1 my garments touching theirs4 ,the malaria of their rum and tobacco was an offence in my face4 ,i saw their weapons1 and laughed as ,i looked those drunken rowdies in their coward eye4 ,they touch me6 #e4 ,the fifth time ,i came here at the summons of an officer of this court1--very politely delivered1 let me say it to his credit1--indicted and arrested for a misdemeanor4 ,i gave bail and withdrew4 #f4 ,the sixth time1--,gentlemen1--it is the present1 whereof ,i shall erelong have much to say4 99 99 99 99 99 ,at the first visit ,i found only scholarly and philanthropic gentlemen1 coming out of sympathy with a ,polish exile1 a defeated soldier of freedom1 from his broken ,english to learn sound ,roman ,law4 ,on each of the other visits ,i have been in quite different company4 ,i have invariably met this ,honorable ,court1 its kinsfolk and its most intimate friends1--some member of the family of the distinguished ,judge1 now fitly presiding over this trial4 #a4 ,it was ,mr4 ,george ,t4 ,curtis1 the only brother of the honorable ,justice now on the bench1--born of the same mother and father1--who had the glory of kidnapping ,mr4 ,sims2 it was he who seized ,shadrach1 and gave such witness against one of the ,angels of the ,deliverance1 and then came back and enlarged his testimony2 it was he who declared the rescue an act of treason2 he who hung the court house in chains1 and brought down the pliant neck of the ,massachusetts ,judges beneath that symbolic line of linked fetters long drawn out4 ,to what weak forces will such necks bow when slavery commands6 #b4 ,it was the honorable ,judge now on the distinguished bench who tried men for the rescue of ,shadrach4 ,how he tried them is well known4 #c4 ,it was ,edward ,g4 ,loring1 another of this family so distinguished1 who kidnapped ,mr4 ,burns and held him in irons2 he whose broom swept up together the marshal's guard2 he who advised ,mr4 ,burns's counsel to make no defence1--put no obstructions in the way of his going back1 as he probably will2 he who1 in the darkness of midnight1 sought to sell his victim1 before he had examined the evidence which might prove him a free man2 he who delivered him up as a slave1 against evidence as against law4 #d4 ,another of the same family1 ,william ,w4 ,greenough1 brother-in-law of ,hon4 ,judge ,curtis1 was one of the grand-jury which found the indictment against me1 and the most active of all in that work4 #e4 ,when ,i came here on the #bith of last ,november1 the ,hon4 ,judge ,curtis sat on the bench and determined the amount of my bail1 and the same eye which had frowned with such baleful aspect on the rescuers of ,shadrach1 quailed down underneath my look and sought the ground4 99 99 99 99 99 ,in thus mentioning my former visits to the court1 ,i but relate the exploits of the ,hon4 ,justice ,curtis1 of his kinsfolk and friends1 adding to their glory and their renown4 ,their chief title to distinction rests on their devotion to the fugitive slave bill4 ,it and their honor are one and inseparable4 ,once only humanity and good letters brought me here1 ,i met only scholars and philanthropists2 on five other occasions1 when assaults on freedom compelled my attendance1 ,i have been confronted and surrounded with the loyalty of the distinguished ,judge and his kinsfolk and friends1 valiantly and disinterestedly obeying the fugitive slave bill with alacrity2 patriotically conquering their prejudices against man-stealing--if such they ever had2--and earning for themselves an undying reputation by saving the ,union from ,justice1 ,domestic ,tranquillity1 general ,welfare1 and the ,blessings of ,liberty4 ,if ,i am to be arraigned for any act1 ,i regard it as a special good fortune that ,i am charged with such deeds1 with seeking to arouse the noblest emotions of ,human ,nature2 and by means of the grandest ,ideas which ,human ,history has brought to light4 ,i could not have chosen nobler deeds in a life now stretching over nearly half a hundred years4 ,i count it an honor to be tried for them4 ,nay1 it adds to my happiness to look at the ,court which is to try me--for if ,i were to search all ,christendom through1 nay1 throughout all ,heathendom1 ,i know of no tribunal fitter to try a man for such deeds as ,i have done4 ,i am fortunate in the charges brought2 thrice fortunate in the judges and the attorney1--the ,court which is to decide2--its history and character are already a judgment4 #f4 ,for my sixth visit1 ,i was recognized to appear on the fifth of ,march1 #ahee--the eighty-fifth anniversary of the ,boston ,massacre4 ,i might have been bound over to any other of the great days of ,american history--#bb;d of ,december1 #aith of ,april1 #agth of ,june1 or the #dth of ,july4 ,but as ,i am the first ,american ever brought to trial for a speech in ,faneuil ,hall against kidnapping2 as ,i am the first to be tried under the act of #agij for obstructing an officer with an argument1 committing a misdemeanor by a word which appeals to the natural justice of mankind1 so there could not perhaps be a fitter time chosen4 ,for on the fifth of ,march1 #aggj1 ,british despotism also delivered its first shot into the ,american bosom4 ,not far from this place the hand of ,george ,,iii4 wounded to death five innocent citizens of ,boston1--one of them a negro4 ,it was the first shot ,britain ever fired into the body of the ,american people1 then colonial subjects of the king-power4 ,that day the fire was not returned1--only with ringing of bells and tumult of the public1 with words and resolutions4 ,the next day that ,american blood lay frozen in the street4 ,soon after the ,british government passed a law exempting all who should aid an officer in his tyranny from trial for murder in the place where they should commit their crime4 ,mr4 ,toucey has humbly copied that precedent of despotism4 ,it was very proper that the new tyranny growing up here1 should select that anniversary to shoot down freedom of thought and speech among the subjects of the slave-power4 ,i welcomed the omen4 ,the ,fifth of ,march is a red-letter day in the calendar of ,boston4 ,the ,court could hardly have chosen a better to punish a man for a thought and a word1 especially a ,boston man1 for such a word in ,faneuil ,hall--a word against man-stealing4 ,but ,i knew the case would never come to trial on that day--of course it was put off4 ,mr4 ,sims and ,mr4 ,burns were accused of no crime but birth from a mother whom some one had stolen4 ,they had only a mock trial1 without due process of law1 with no judge1 no jury1 no judicial officer4 ,but ,i1 accused of a grave offence1 am to enjoy a trial with due process of law4 ,it is an actual judge before me and another judge at his side1 both judicial officers known to the constitution4 ,i know beforehand the decision of the court--its history is my judgment4 ,justice ,curtis's ,charge of last ,june1 would make my daily talk a misdemeanor1 my public preaching and my private prayers a crime1 nay1 my very existence is constructively an obstruction to the marshal4 ,on that side my condemnation is already sure4 ,but there is another element4 ,gentlemen of the ,jury1 the judges and attorney cannot lay their hand on me until you twelve men with one voice say1 ,yes6 put him in jail4 ,in the mock trial of ,sims and ,burns it was necessary to convince only a single official of the ,united ,states ,court1 a ministerial officer selected and appointed to do its inferior business1 a man who needed no conviction1 no evidence but the oath of a slave-hunter and the extorted admission of his victim1 an official who was to have ten dollars for making a slave1 five only for setting free a man6 ,but you are a ,massachusetts ,jury1 not of purchased officials1 but of honest men4 ,i think you have some prejudices to conquer in favor of justice4 ,it has not appeared that you are to be paid twice as much for sending me to jail1 as for acquitting me of the charge4 ,i doubt that you have yet advised my counsel to make no defence1 put no obstructions in the way of my being sent to jail as he probably will4 ,gentlemen1 a ,united ,states ,commissioner has his place on condition that he performs such services as his masters require4 ,these ,united ,states ,judges have their seat in consequence of services rendered to the ruling power of ,america1 and for others of like sort yet to be paid to the stealers of men4 ,other rewards shine before them alluring to new service1--additional salary can pay additional alacrity4 ,but you1 ,gentlemen1 are not office-holders nor seekers of office1 not hoping to gain money1 or power1 or honor1 by any wickedness4 ,you are to represent the unsophisticated ,conscience of the ,people1--not the slave-power1 but the power of ,freedom4 ,it is to you ,i shall address my defence6 ,,my defence8 ,no1 ,gentlemen1 ,,your defence1 the defence of your own ,rights1 inherent in your national ,institutions as ,americans1 ay1 in your ,nature as ,men4 ,it is a singular good fortune that to you1 as judges1 ,i am pleading your own cause4 ,you have more interest at stake than ,i4 ,for at death my name will perish1 while children and children's children1 ,i trust1 will gently mingle your memories in that fair tide of human life which never ends4 99 99 99 99 99 ,so much have ,i said by way of introduction1 treating only of the accidents pertaining to this case4 ,i will now come to the ,primary ,qualities and ,substance thereof4 ,this is a ,political ,trial4 ,in form1 ,i am charged with violating a certain statute never before applied to actions like mine2 never meant to apply to such actions2 not legally capable of such application4 ,but in fact1 my offence is very different from what the indictment attempts to set forth4 ,the judges know this2 the attorney knows it1 and never expected to procure a conviction4 ,it is your cause1 even more than mine1 that ,i plead4 ,so it concerns you to understand the whole matter thoroughly1 that you may justly judge our common cause4 ,to make the whole case clear1 ,i will land it out into four great parcels of matter1 which your mind can command at once1 and then come to the details of each1 ploughing it all over before your face1 furrow by furrow4 ,i shall speak1 ,i4 ,of the ,state of ,affairs in ,america which has led to this prosecution1--the ,encroachments of a ,power hostile to ,democratic ,institutions4 ,,ii4 ,of the ,mode of ,operation pursued by this ,encroaching ,power1 in other times and in our own1--of ,systematic ,corruption of the ,judiciary4 ,,iii4 ,of the great ,safeguard which has been found serviceable in protecting ,democratic ,institutions and the ,rights of ,man they are designed to defend1--of the ,trial by ,jury4 ,,iv4 ,of the ,circumstances of this special case1 ,,united ,,states versus ,,theodore ,,parker4 ,i shall speak of each in its order1 and begin at the head4 ,i4 ,,of ,,the ,,state ,,of ,,affairs ,,in ,,america1 ,,which ,,has ,,led ,,to ,,this ,,prosecution--,,the ,,encroachments ,,of ,a ,,power ,,hostile ,,to ,,democratic ,,institutions4 ,in a republic where all emanates from the ,people1 political institutions must have a ,basis of ,idea in the ,nation's ,thought1 before they can acquire a ,basis of ,fact in the ,force of the ,nation4 ,now in ,america there are two diverse ,ideas recognized as principles of ,action--the ,idea of ,freedom and the ,idea of ,slavery4 ,allow me to read my analysis and description of each4 ,the ,idea of ,freedom first got a national expression on the ,fourth of ,july1 #aggf4 ,here it is4 ,i put it in a philosophic form4 ,there are five points to it4 ,first1 ,all men are endowed by their ,creator with certain natural rights1 amongst which is the right to life1 liberty1 and the pursuit of happiness4 ,second1 ,these rights are unalienable2 they can be alienated only by the possessor thereof2 the father cannot alienate them for the son1 nor the son for the father2 nor the husband for the wife1 nor the wife for the husband2 nor the strong for the weak1 nor the weak for the strong2 nor the few for the many1 nor the many for the few2 and so on4 ,third1 ,in respect to these1 all men are equal2 the rich man has not more1 and the poor less2 the strong man has not more1 and the weak man less3--all are exactly equal in these rights1 however unequal in their powers4 ,fourth1 ,it is the function of government to secure these natural1 unalienable1 and equal rights to every man4 ,fifth1 ,government derives all its divine right from its conformity with these ideas1 all its human sanction from the consent of the governed4 ,that is the ,idea of ,freedom4 ,i used to call it the ,american ,idea2 that was when ,i was younger than ,i am to-day4 ,it is derived from human nature2 it rests on the immutable ,laws of ,god2 it is part of the natural religion of mankind4 ,it demands a government after natural ,justice1 which is the point common between the conscience of ,god and the conscience of mankind2 it is the point common also between the interests of one man and of all men4 ,now this government1 just in its substance1 in its form must be democratic3 that is to say1 the government of all1 by all1 and for all4 ,you see what consequences must follow from such an idea1 and the attempt to renact the ,law of ,god into political institutions4 ,there will follow the freedom of the people1 respect for every natural right of all men1 the rights of their body and of their spirit--the rights of mind and conscience1 heart and soul4 ,there must be some restraint--as of children by their parents1 as of bad men by good men2 but it will be restraint for the joint good of all parties concerned2 not restraint for the exclusive benefit of the restrainer4 ,the ultimate consequence of this will be the material and spiritual welfare of all--riches1 comfort1 noble manhood1 all desirable things4 ,that is the ,idea of ,freedom4 ,it appears in the ,declaration of ,independence2 it reappears in the ,preamble to the ,american ,constitution1 which aims to establish ,justice1 insure domestic tranquillity1 provide for the common defence1 promote the general welfare1 and secure the blessings of ,liberty4 ,that is a religious idea2 and when men pray for the ,reign of ,justice and the ,kingdom of ,heaven to come on earth politically1 ,i suppose they mean that there may be a ,commonwealth where every man has his natural rights of mind1 body1 and estate4 99 99 99 99 99 ,next is the ,idea of ,slavery4 ,here it is4 ,i put it also in a philosophic form4 ,there are three points which ,i make4 ,first1 ,there are no natural1 unalienable1 and equal rights1 wherewith men are endowed by their ,creator2 no natural1 unalienable1 and equal right to life1 liberty1 and the pursuit of happiness4 ,second1 ,there is a great diversity of powers1 and in virtue thereof the strong man may rule and oppress1 enslave and ruin the weak1 for his interest and against theirs4 ,third1 ,there is no natural law of ,god to forbid the strong to oppress the weak1 and enslave and ruin the weak4 ,that is the ,idea of ,slavery4 ,it has never got a national expression in ,america2 it has never been laid down as a ,principle in any act of the ,american people1 nor in any single ,state1 so far as ,i know4 ,all profess the opposite2 but it is involved in the ,measures of both ,state and ,nation4 ,this ,idea is founded in the selfishness of man2 it is atheistic4 ,the idea must lead to a corresponding government2 that will be unjust in its substance1--for it will depend not on natural right1 but on personal force2 not on the ,constitution of the ,universe1 but on the compact of men4 ,it is the abnegation of ,god in the universe and of conscience in man4 ,its form will be despotism1--the government of all1 by a part1 for the sake of a part4 ,it may be a single-headed despotism1 or a despotism of many heads2 but whether a ,cyclops or a ,hydra1 it is alike the abomination which maketh desolate4 ,its ultimate consequence is plain to foresee--poverty to a nation1 misery1 ruin4 99 99 99 99 99 ,these two ,ideas are now fairly on foot4 ,they are hostile2 they are both mutually invasive and destructive4 ,they are in exact opposition to each other1 and the nation which embodies these two is not a figure of equilibrium4 ,as both are active forces in the minds of men1 and as each idea tends to become a fact--a universal and exclusive fact1--as men with these ideas organize into parties as a means to make their idea into a fact1--it follows that there must not only be strife amongst philosophical men about these antagonistic ,principles and ,ideas1 but a strife of practical men about corresponding ,facts and ,measures4 ,so the quarrel1 if not otherwise ended1 will pass from words to what seems more serious2 and one will overcome the other4 ,so long as these two ,ideas exist in the nation as two political forces1 there is no national unity of ,idea1 of course no unity of action4 ,for there is no centre of gravity common to ,freedom and ,slavery4 ,they will not compose an equilibrious figure4 ,you may cry ,peace6 ,peace6 but so long as these two antagonistic ,ideas remain1 each seeking to organize itself and get exclusive power1 there is no peace2 there can be none4 ,the question before the nation to-day is1 ,which shall prevail--the ,idea and ,fact of ,freedom1 or the ,idea and the ,fact of ,slavery2 ,freedom1 exclusive and universal1 or ,slavery1 exclusive and universal8 ,the question is not merely1 ,shall the ,african be bond or free8 but1 ,shall ,america be a ,democracy or a ,despotism8 ,for nothing is so remorseless as an idea1 and no logic is so strong as the historical development of a national idea by millions of men4 ,a measure is nothing without its ,principle4 ,the ,idea which allows ,slavery in ,south ,carolina will establish it also in ,new ,england4 ,the bondage of a black man in ,alexandria imperils every white woman's daughter in ,boston4 ,you cannot escape the consequences of a first ,principle more than you can take the leap of ,niagara and stop when half-way down4 ,the ,principle which recognizes ,slavery in the ,constitution of the ,united ,states would make all ,america a ,despotism1 while the ,principle which made ,john ,quincy ,adams a free man would extirpate ,slavery from ,louisiana and ,texas4 ,it is plain ,america cannot long hold these two contradictions in the national consciousness4 ,equilibrium must come4#d ,footnote #d3 ,see this statement in ,mr4 ,parker's ,additional ,speeches1 ,addresses1 and ,occasional ,sermons4 ,boston1 #ahee1 vol4 ii4 p4 #bej1 et seq4 ,these two ideas are represented by two parties which aim at the ultimate organization of their respective doctrines1 the party indicating the special tendency towards ,democracy or ,despotism4 ,the ,party of ,freedom is not yet well organized2 that of ,slavery is in admirable order and discipline4 ,these two parties are continually at war attended with various success4 #a4 ,in the individual ,states of the ,north1 since the ,revolution1 the ,party of ,freedom has gained some great victories2 it has abolished ,personal ,slavery in every northern ,state1 and on a deep-laid foundation has built up ,democratic ,institutions with well proportioned beauty4 ,the ,idea of ,freedom1 so genial to the ,anglo-,saxon1 so welcome to all of ,puritanic birth and breeding1 has taken deep root in the consciousness of the great mass of the ,people at the ,north4 ,in the severe simplicity of national deduction they will carry it to logical conclusions not yet foreseen by human providence4 ,the free ,states are progressively democratic4 ,but in all the ,northern ,states1 and more especially in its cities1--and here chiefly among the men of exclusive intellectual culture and the votaries of commerce and its riches1--there are exceptional men who embrace the ,idea of ,slavery and belong to its ,party4 ,they know no law higher than the transient interest of their politics or their commerce1 their ease or ambition4 ,they may not theoretically hate the ,people1 but they so love their own money1 their own ease or pleasure1 that practically they oppose what promotes the welfare of mankind1 and seek their own personal advancement to the injury of the human race4 ,these are ,northern men with ,southern ,principles4 ,they have their ,journals too well known in ,boston to need mention here4 #b4 ,in the individual ,states of the ,south1 the ,idea and ,party of ,slavery has also gained great victories and been uniformly successful2 it has extended and strengthened personal slavery1 which has now a firmer hold in the minds of the controlling classes of ,southern men1--the rich and educated1--than in #aggf1 or ever before4 ,the ,southern ,states are progressively despotic4 ,still1 in all the ,southern ,states there are exceptional men1 hostile to slavery1--the intelligent and religious from conviction1 others from mere personal interest4 ,these are ,southern men with ,northern ,principles4 ,they are much oppressed at home--kept from political advancement or social respectability1 as much as democrats would be at ,rome or ,naples1--have no journals and little influence4 #c4 ,in the ,federal ,government1 the warfare goes on1 each party seeking for mastery over the whole ,united ,states--the contest is carried on in ,congress1 in all the local legislatures2 newspapers1 speeches1 even sermons1 resound with the din of battle4 ,see what forces contend and with what results4 ,the nation lives by its productive industry1 whereof there are these five chief departments3--,hunting and ,fishing1 the appropriation of the spontaneous live products of the land and sea2 ,agriculture1 the use of the productive forces of the earth's surface2 ,mining1 the appropriation of the metallic products of her bosom2 ,manufactures1 the application of toil and thought to the products of ,hunting and ,fishing1 ,mining and ,agriculture2 ,commerce1 the exchange of value1 distribution of the products of these four departments of industry1 directly productive4 ,hunting and ,fishing1 ,mining1 ,manufactures1 ,commerce1 are mainly in the hands of ,northern men--the ,south is almost wholly ,agricultural4 ,her wealth consists of land and slaves4 ,in #ahej the fifteen slave ,states had not fourteen hundred millions of other property4 ,in the ,south property1 with its consequent influence1 is in few hands--in the ,north it is wide spread4 ,now the few controlling men of the ,south1 the holders of land and slaves1 have ,unity of pecuniary ,interest--the support of ,slavery as a local measure1--for it is the source of their material wealth1 and also a consequent ,unity of political ,idea1 the support of ,slavery as a universal ,principle1 for it is the source likewise of their political power4 ,accordingly the ,south presents against the ,north an even and well-disciplined front of veteran soldiers1 is always hostile to ,freedom1 and as her best educated men devote much time to politics1 making it the profession of their whole lives1 it is plain they become formidable antagonists4 ,but the ,north has a great variety of conflicting interests1 a great amount of intellectual activity1 where education and its consequent habits of reading and thinking are so wide spread1 and therefore a great variety of opinion4 ,accordingly there is not the same ,unity of pecuniary ,interest and of political ,idea1 which distinguishes the ,south4 ,besides1 in the ,north the ablest and best educated men do not devote their time to the thankless and stormy calling of politics2 ,virginia cares for nothing but ,negroes and ,politics1 her loins and her brains gender but this twofold product3 ,massachusetts and ,new ,york care for much beside4 ,so the ,north does not present against the ,south an even and well-disciplined front of veteran soldiers1 but a ragged1 discordant line of raw recruits1 enlisting for a short time with some special or even personal local interest to serve4 ,what makes the matter yet worse for us1 ,gentlemen of the ,jury1 is this3 ,while the great mass of the people at the ,north1 engrossed in direct productive industry1 are really hostile to slavery1 those absorbed in the large operations of commerce1 taken as a whole class1 feel little interest in the ,idea of ,freedom2 nay1 they are positively opposed to it4 ,before the ,african ,slave-trade was treated like other kindred forms of piracy1 as a capital crime1 they had their ships in that felonious traffic2 and now their vessels engage in the ,american ,slave-trade and their hand still deals in the bodies of their fellow men4 ,in all the great commercial cities1 like ,philadelphia1 ,new ,york and ,boston these men prevail1 and are the eminent citizens1 overslaughing the press1 the pulpit1 the bar1 and the court1 with the ,ideas of their lower law1 and sweeping along all metropolitan and suburban fashion and respectability in their slimy flood4 ,hence the great cities of the ,north1 governed by the low maxims of this class1 have become the asylum of ,northern men with ,southern ,principles1 and so the strong-hold of ,slavery4 ,and hitherto these great cities have controlled the politics of the ,northern ,states1 crowding the ,apostles of ,freedom out from the national board1 and helping the party of slavery to triumph in all great battles4 ,thus aided1 for many years the ,south has always elected her candidate for the ,presidency by the vote of the people4 ,but the ,american ,executive is twofold1--part ,presidential1 part ,senatorial4 ,sometimes these two ,executives are concordant1 sometimes discordant4 ,the ,senatorial ,executive has always carried the day against the less permanent ,presidential power1 except in the solitary case where ,general ,jackson's unconquerable will and matchless popularity enabled him to master the senate itself1 who registered his decrees1 or expunged their own censure1 just as the iron ruler gave orders4 ,now by means of the control which the ,northern ,cities have over the ,northern ,states1 and such ,commercial ,men over those cities1 it has come to pass that not only the ,presidential1 but also the ,senatorial ,executive1 has long been hostile to the ,idea of ,freedom4 ,gentlemen of the ,jury1 the direct consequence is obvious1--the ,party of ,slavery has long been the conqueror in the field of ,federal politics4 ,in the numerous and great conflicts between the two1 ,freedom has prevailed against ,slavery only twice since the close of the ,revolutionary ,war1--in prohibiting involuntary servitude in the ,north-west ,territory in #aghg1 and in the abolition of the ,african ,slave-trade in #ahjh4 ,her last triumph was forty-seven years ago1--nay1 even that victory was really achieved twenty years before at the adoption of the constitution4 ,in this warfare we have not gained a battle for freedom since #aghh6 ,for a time it seemed doubtful which would triumph1 though ,slavery gained ,kentucky and ,tennessee1 and ,louisiana was purchased as slave soil in #ahjc4 ,but in #ahbj slavery became the obvious and acknowledged master in the ,federal ,territory1 marched victorious over the ,mississippi1 planted itself in ,missouri1 and has subsequently taken possession of ,mississippi1 ,alabama and ,arkansas1 all slave ,states2 has purchased ,florida2 reannexed ,texas2 conquered ,utah1 ,new ,mexico and ,california1 all slave soil2 and from ,freedom and the ,north has just now reconquered ,kansas and ,nebraska4 ,ever since the ,missouri ,compromise in #ahbj ,slavery has been really the master1 obviously so since the annexation of ,texas in #ahde4 ,the slave-power appoints all the great national officers1 executive1 diplomatic1 judicial1 naval and military1--it controls the legislative departments4 ,look at this ,honorable ,court1 ,gentlemen1 and recognize its power6 ,the idea of ,slavery must be carried out to its logical consequence1 so our masters now meditate two series of ,measures1 both necessary to the development of ,slavery as a ,principle4 7,i47 ,african ,slavery is to be declared a ,federal ,institution1 national and sectional1 and so extended into all the ,territories of the ,united ,states4 ,new soil is to be bought or plundered from ,hayti1 ,spain1 ,mexico1 ,south ,america and the rest of mankind1 that slavery may be planted there2 that is the purpose of all the ,official ,fillibustering of the ,government1 and the ,extra-official ,fillibustering which it starts1 or allows2 ,quitman ,enterprises1 ,kinney ,expeditions1 ,black ,warrior and ,el ,dorado difficulties1 all point to this2 the ,ostend ,conference is a step in that direction2 ,slavery is to be restored to the so called ,free ,states1 restablished in all the ,north4 ,that is the design of the fugitive slave bill in #ahej1 and the kidnapping of northern men consequent thereon for the last five years2 of ,president ,pierce's inaugural declarations in behalf of slavery in #ahec2 of ,mr4 ,toombs's threat in #ahed1 that soon the master with his slaves will sit down at the foot of ,bunker ,hill ,monument2 of ,mr4 ,toucey's ,bill in #ahee1 providing that when a kidnapper violates the local laws of any ,state1 he shall be tried by the fugitive slave bill court4 ,then the ,african ,slave-trade is to be restored by federal enactments1 or judicial decisions of the ,supreme ,court of the ,united ,states4 ,all these steps belong to ,measure number ,one4 ,the ,supreme ,court is ready to execute the commands of its lord4 ,soon you will see more decisions adverse to humanity4 7,,ii47 ,the next movement is progressively to weaken and ultimately to destroy the ,democratic ,institutions of the ,north1--yes1 also of the ,south4 ,this design is indicated and sustained by some of the measures already mentioned as connected with the first purpose4 ,to this point tend the words of ,president ,pierce addressed to the soldiers of #ahab on the #hth of ,january #ahee1 in which he speaks of such as disseminate political heresies1 that is1 the ,idea of ,freedom2 revile the government1--expose its hostility against the unalienable ,rights of man2 deride our institutions1--to wit1 the patriarchal institution of ,slavery2 sow political dissensions1--advise men not to vote for corrupt tools of the government2 set at defiance the laws of the land1--meaning the fugitive slave bill which commands kidnapping4 ,there belong the attempts of the ,federal courts to enlarge their jurisdiction at the expense of ,state ,rights2 the cry1 ,union first and ,liberty afterwards2 the shout ,no higher law1 ,religion nothing to do with ,politics4 ,thence come the attacks made on the freedom of the pulpit1 of the press1 and all freedom of speech4 ,the ,individual ,state which preserves freedom must be put down1--the individual person who protests against it must be silenced4 ,no man must hold a federal office1--executive1 diplomatic1 judicial1 or ministerial1--unless he has so far conquered his prejudices in favor of the natural ,rights of man that he is ready to enslave a brother with alacrity4 ,all these steps belong to ,measure number ,two4 ,this latter ,measure advances to its execution1 realizing the ,idea of ,slavery1 with subtle steps1 yet creeps on rapid-moving feet4 ,see how it has gained ground latterly4 ,obviously the fugitive slave bill struck only at the natural ,rights of ,colored men--as valuable as those of white men1 but the colored are few and the white many1--the experiment must be made on the feebler body4 ,but this despotism cannot enslave a black girl without thereby putting in peril the liberty of every white man4 ,at first our masters only asked of ,boston a little piece of chain1 but just long enough to shackle the virtuous hands of ,ellen ,craft1 a wife and mother1 whom her ,georgian owner wished to sell as a harlot at ,new ,orleans6 ,a meeting was summoned at ,faneuil ,hall1 and ,boston answered1 ,yes1 here is the chain4 ,let the woman-hunter capture ,ellen ,craft1 make her a ,prostitute at ,new ,orleans4 ,she is a virtuous wife and mother1--but no matter4 ,slavery is king and commands it4 ,let the 'owner' have his chain4 ,there is no escaping the consequence of a first ,principle4 ,soon that little chain lengthened itself out1 and coiled itself all round the court house1 and how greedily your judges stooped to go under6 ,this ,anaconda of the ,dismal ,swamp wound its constricting twists about the neck of all your courts1 and the ,judges turned black in the face1 and when questioned of law1 they could not pronounce ,habeas ,corpus1 ,trial by ,jury1 nor utter a syllable for the ,bible or the ,massachusetts ,constitution1 but only wheeze and gurgle and squeak and gibber out their defences of ,slavery6 ,no1 ,boston could not bewray a woman wandering towards freedom1 without chaining the court house and its judges1 putting the town in a state of siege1--insolent soldiers striking at the people's neck4 ,now the attempt is making by this ,honorable ,court to put the same chain round ,faneuil ,hall1 so that the old ,cradle of ,liberty shall no more rock to manhood the noble sons of freedom1 but only serve as a nest that the spawn of ,bondage may hibernate therein4 ,i am on trial because ,i hate ,slavery1 because ,i love freedom for the black man1 for the white man1 and for all the human ,race4 ,i am not arraigned because ,i have violated the statute on which the indictment is framed--no child could think it--but because ,i am an advocate of ,freedom1 because my ,word1 my ,thoughts1 my ,feelings1 my ,actions1 nay1 all my ,life1 my very ,existence itself1 are a protest against ,slavery4 ,despotism cannot happily advance unless ,i am silenced4 ,it is very clear logic which indicts me4 ,private personal malice1 deep1 long cherished1 rancorous1 has doubtless jagged and notched and poisoned too the public sword which smites at my neck4 ,still it is the public sword of ,slavery which is wielded against me4 ,against ,,me8 ,against ,,you quite as much--against your children4 ,for as ,boston could not venture to kidnap a negro woman1 without bringing down that avalanche of consequences connected with the ,principle of ,slavery1--without chains on her ,judges1 falsehood in her officers1 blood in her courts1 and drunken soldiers in her streets1 and hypocrisy in her man-hunting ministers1--no more can she put me to silence alone4 ,the thread which is to sew my lips together1 will make your mouths but a silent and ugly seam in your faces4 ,slavery is ,plaintiff in this case2 ,freedom ,defendant4 ,before you as ,judges1 ,i plead your own cause--for you as defendant4 ,i will not insult you by the belief or the fear that you can do other than right1 in a matter where the law is so plain1 and the ,justice clear as noonday light4 ,but should you decide as the wicked wish1 as the court longs to instruct you1 you doom your mouths to silence2 you bow your manly faces to the ground1 destine your memories to shame1 and your children to bondage worse than negro slavery4 99 99 99 99 99 ,such1 ,gentlemen of the ,jury1 is the state of affairs leading to this ,prosecution--such the past1 present1 and prospective ,encroachments of a ,power hostile to ,democratic ,institutions and the unalienable ,rights they were designed to protect4 ,such also are the two ,measures now in contemplation1--the ,extension of ,african ,bondage1 and the ,destruction of ,american ,freedom4 ,,ii4 ,,look ,,next ,,at ,,the ,,mode ,,of ,,operation ,,hitherto ,,pursued ,,by ,,this ,,encroaching ,,power1 ,,in ,,other ,,times ,,and ,,nations1 ,,and ,,in ,,our ,,own1 ,,systematic ,,corruption ,,of ,,the ,,judiciary4 ,here ,i shall show the process by which that ,principle of ,slavery becomes a ,measure of political ruin to the ,people4 ,in substance ,despotism is always the same1 ,spanish or ,carolinian1 but the form varies to suit the ethnologic nature and historical customs of different people4 ,i shall mention two forms--one to illustrate1 the other to warn4 7,i47 ,the open ,assumption of ,power by military violence4 ,this method is followed in countries where love of ,individual ,liberty is not much developed in the consciousness of the people1 and where democratic institutions are not fixed facts in their history2 where the nation is not accustomed to local self-government1 but wonted to a strong central power directed by a single will4 ,this form prevails in ,russia1 ,turkey1 and among all the ,romanic tribes in ,europe1 and their descendants in ,america4 ,military usurpation1 military rule is indigenous in ,france1--where two ,napoleons succeed thereby1--in ,italy1 in ,spain1 and most eminently in ,spanish ,america4 ,but no people of the ,teutonic family for any length of time ever tolerated a usurping soldier at the head of affairs1 or submitted to martial arbitrary rule1 or military violence in the chief magistrate4 ,it is against our habit and disposition4 ,neither ,cromwell nor ,william of ,orange could do with the ,anglo-,saxon what it would have been impossible not to do with ,spaniards or ,italians4 ,even warlike ,swiss--,teutonic tribes--will have a government with due process of law1 not by the abrupt violence of the soldier4 ,washington could not have established a military monarchy in ,america had he been so wickedly disposed4 ,even ,william the ,conqueror must rule the ,saxons by ,saxon law4 7,,ii47 ,the corruption of the acknowledged safeguards of public security4 ,this is attempted in nations who have a well-known love of individual liberty1 and institutional defences thereof1 the habit of ,local ,self-government by ,democratic ,law-making and ,law-administering4 ,for example1 this experiment has been repeatedly made in ,england4 ,the monarch seeking to destroy the liberty of the people1 accomplishes his violent measure by the forms of peaceful law1 by getting the judicial class of men on the side of despotism4 ,then all the wickedness can be done in the name1 with the forms1 and by due process of law1 by regular officers thereof--done solemnly with the assistance of slow and public deliberation4 ,gentlemen of the ,jury1 this is a matter of such importance to the ,people of ,america just now1 that ,i must beg you to bear with me while ,i explain this subtle operation4 ,i will select examples from the history of ,england which are easy to understand1 because her blood is kindred to our own1 and the institutions of the two countries are related as parent and child4 ,and besides1 her past history affords alike warning and guidance in our present peril4 99 99 99 99 99 7,i47 ,the first step in this process of political iniquity is1 to appoint men for judges and other officers of the court1 who know no law higher than the selfish will of the hand that feeds them1 mere creatures of the rest ,transcriber's ,note3 for 'rest' read 'government'2 see ,errata4 ,i will select instances of this from the reign of the ,stuart kings and one of their successors1 from a period full of melancholy warning to ,america4 ,i will begin with ,james ,i4 7#afjc-afbe71 the first ,king of ,new ,england4 ,at his very accession he had high notions of his royal ,prerogative1 and maintained that all the privileges of the ,house of ,commons were derived from his royal grant4 ,i am your ,king1 said he1 ,i am placed to govern you1 and ,i shall must answer for your errors4 ,it was quite enough to answer for his own1--poor man4 ,let me make the ,judges1 said he1 and ,i care not who makes the laws4 ,accordingly for judicial officers he appointed such men as would execute his unlawful schemes for the destruction of public liberty4 ,to such considerations was ,francis ,bacon mainly indebted for his elevation from one legal rank to another1 until he reached the seat of the ,lord ,chancellor4 ,a man whom ,villers declared1 of excellent parts1 but withal of a base and ungrateful temper1 and an arrant knave1 yet a fit instrument for the purposes of the government4 ,he did not receive his appointment for that vast1 hard-working genius which makes his name the ornament of many an age1 but only for his sycophantic devotion to the royal will4 ,sir ,edward ,coke was promoted rapidly enough1 whilst wholly subservient to the despotic court1 but afterwards1 though a miracle of legal knowledge1 not equalled yet perhaps1 he must not be appointed ,lord ,chancellor on account of his occasional fits of independence4 ,chief ,justice ,ley was one of the right stamp1 but it was thought his subserviency might prove more valuable by retaining him to preside over the ,court of ,king's ,bench4 ,for in making the highest judicial appointments the only question was1 what would suit the arbitrary schemes of governing the country4#e ,hobart had resisted some illegal monopolies of the all-powerful ,buckingham1 and he was unfit for promotion4 ,footnote #e3 #b ,campbell1 #cgb1 #cgd4 ,james thought the ,prerogative would be strengthened by the appointment of clergymen of the national church1 perhaps the only class of men not then getting fired with love of liberty1--and made ,williams1 ,bishop of ,lincoln1 ,lord ,keeper1 a man of rash and insolent1 though servile temper1 and of selfish1 temporizing1 and trimming political conduct1 who at that time had never acted as a judge except at the ,waldegrave ,petty ,sessions in making an order of bastardy or allowing a rate for the ,parish poor1 and was as ignorant of the questions coming before him as the door-keepers of his court4 ,but he was subservient1 and had pleased the ,king by preaching the courtly doctrine that subjects hold their liberties and their property at the will of the ,sovereign whom they are bound in every extremity passively to obey4#f ,men like ,fleming and other creatures of the throne1 sanctioning the ,king's abundant claim to absolute power1 were sure of judicial distinction2 while it was only the force of public opinion which gave the humblest place of honor to such able and well-studied lawyers as would respect the constitutional ,rights of the ,people and the just construction of the laws1 and at all hazards maintain their judicial independence4 ,ecclesiastics who taught that the ,king is above the laws by his absolute power1 and may quash any law passed by ,parliament1 were sure of rapid preferment4 ,thus ,bancroft was promoted2 thus ,abbot was pushed aside2 and for his mean1 tyrannical and subservient disposition ,rev4 ,william ,laud was continually promoted in expectation of the services which1 as ,archbishop1 he subsequently performed in the overthrow of the ,liberty of the ,people4 ,but time would fail me to read over the long dark list of men whose personal shame secured them official glory4 ,footnote #f3 #b ,campbell1 #cfh1 #cgd2 #c ,howell ,state ,trials1 #hbd4 ,in his address to the ,judges in the ,star-,chamber in #afaf ,james gave them this charge1 ,if there falls out a question which concerns any ,prerogative or mysterie of ,state1 deale not with it till you consult with the ,king or his ,council1 or both2 for they are ,transcendent ,matters1 and must not be slibberly carried with over rash wilfullnesse4 ,and this ,i commend unto your special care1 as some of you of late have done very much1 to blunt the edge and vaine popular humor of some lawyers at the ,barre1 that think they are not eloquent and bold-spirited enough1 except they meddle with the ,king's ,prerogative4 ,that which concerns the mysterie of the ,king's ,power is not lawful to be disputed4#g ,gentlemen1 that was worthy of some judicial charges which you and ,i have heard4 ,footnote #g3 ,speache in the ,starre-,chamber1 ,london1 #afaf4 99 99 99 99 99 ,charles ,i4 7#afbe-afei17 pursued the same course of tyranny by the same steps4 ,coventry could be implicitly relied on to do as commanded1 and was made ,lord ,keeper in #afbe4 ,when the question of ,ship-money was to be brought forward in #afcf1 ,chief ,justice ,heath was thought not fit to be trusted with wielding the instrument of tyranny1 and accordingly removed2 and ,finch1 well known to be ready to go all lengths1 was appointed in his place4 ,for he had steadfastly maintained that the ,king was absolute1 and could dispense with law and parliament1--a fit person to be a ,chief ,justice1 or a ,lord ,chancellor1 in a tyrant's court1 ready to enact iniquity into law4 ,his compliance with the ,king's desire to violate the first principle of ,magna ,charta1 endeared him to the ,court1 and secured him further preferment as soon as any opportunity should occur4 ,so he was soon made ,lord ,chancellor and raised to the peerage4 ,littleton had once been on the popular side1 but deserted and went over to the ,court--he was sure of preferment2 and as he became more and more ready to destroy the liberties of the ,people1 he was made ,chief ,justice1 and finally ,lord ,chancellor in #afda4 ,lane was a steady friend of the prerogative1 and so was made ,attorney-,general to the ,prince of ,wales1 and thence gradually elevated to the highest station4 ,other ,judicial appointments were continually made in the same spirit4 ,thus when ,sir ,randolf ,crewe was ,chief ,justice of the ,king's ,bench1 the government questioned him to ascertain if he were sound1 and were shocked to hear him declare that the ,king had no right to levy taxes without consent of ,parliament1 or imprison his subjects without due process of law4 ,he was immediately dismissed from his office1 7#afbf17 and ,sir ,nicolas ,hyde appointed in his place4 ,by such means the courts were filled with tools of the ,king or his favorites1 and the pit digged for the liberties of the ,people1 into which at last there fell--the head of the ,king6 99 99 99 99 99 ,charles ,,ii4 and ,james ,,ii41 7#afee-afhf17 did not mend the evil1 but appointed for judges such a pack as had never before sat in ,westminster ,hall4 ,shaftesbury and ,guildford had the highest judicial honors4 ,lord ,chancellor ,finch1 mentioned already1 had been accused by the ,commons of ,high ,treason and other misdemeanors1 but escaped to the continent1 and returned after the ,restoration4 ,he was appointed one of the ,judges to try the ,regicides4 ,thus he who had been accused of high treason twenty years before by a full parliament1 and who by flying from their justice saved his life1 was appointed to judge some of those who should have been his ,judges4#h ,he declared in ,parliament that ,milton1 for services rendered to the cause of liberty while ,latin ,secretary to ,cromwell1 deserved hanging4#i ,footnote #h3 ,ludlow1 quoted in #b ,campbell1 #dgj4 ,footnote #i3 #d ,parl4 ,hist4 #afb4 ,in these reigns such men as ,saunders1 ,wright1 and ,scroggs1 were made ,judges1 men of the vilest character1 with the meanest appetites1 licentious1 brutal1 greedy of power and money1 idiotic in the moral sense1 appointed solely that they might serve as tools for the oppression of the ,people4 ,among these infamous men was ,george ,jeffreys1 of whom ,lord ,campbell says1--,he has been so much abused that ,i began my critical examination of his history in the hope and belief that ,i should find that his misdeeds had been exaggerated1 and that ,i might be able to rescue his memory from some portion of the obloquy under which it labors2 but ,i am sorry to say that in my matured opinion his cruelty and his political profligacy have not been sufficiently exposed or reprobated2 and that he was not redeemed from his vices by one single solid virtue4#aj ,but in consequence of his having such a character1 though not well-grounded in law1 he was made a ,judge1 a ,peer1 and a ,lord ,chancellor6 ,wright1 nearly as infamous1 miraculously stupid and ignorant1 a detected swindler1 knighted and clothed in ermine1 took his place among the twelve judges of ,england4#aa ,he also was made ,chief ,justice successively of the ,common ,pleas and the ,king's ,bench6 ,lord ,campbell1 himself a judge1 at the end of his history of the reign of ,charles and ,james1 complains of the irksome task of relating the actions of so many men devoid of political principle and ready to suggest or to support any measures1 however arbitrary or mischievous1 for the purpose of procuring their own advancement4#ab ,it was the practice of the ,stuarts to dismiss judges without seeking any other pretence1 who showed any disposition to thwart government in political prosecutions4#ac ,nor was this dismissal confined to cases where the judge would obey the law in merely ,political trials4 ,in #afhf four of the judges denied that the king had power to dispense with the laws of the land and change the form of religion3 the next morning they were all driven from their posts1 and four others1 more compliant1 were appointed and the judicial opinion was unanimous4 ,hereupon ,roger ,coke says well1--the king 444 will make the judges in ,westminster ,hall to murder the common law1 as well as the king and his brother desired to murder the parliament by itself2 and to this end the king1 when he would make any judges would make a bargain with them1 that they should declare the king's power of dispensing with the penal laws and tests made against recusants1 out of parliament4#ad ,footnote #aj3 #c ,campbell1 #cid4 ,footnote #aa3 #b ,campbell ,chief ,justices1 #hf4 ,footnote #ab3 #c ,campbell1 #dgc4 ,footnote #ac3 #c ,hallam1 #adb4 ,footnote #ad3 #h ,st4 ,tr4 #aie1 note4 99 99 99 99 99 ,here1 ,gentlemen of the ,jury1 ,i must mention three obscure judges who received their appointments under ,stuart kings4 ,before long ,i shall speak of their law and its application1 and now only introduce them to you as a measure preliminary to a more intimate acquaintance hereafter4 #a4 ,the first is ,sir ,william ,jones1 by far the least ignoble of the three4 ,he was descended from one of the ,barons who wrung the ,great ,charter from the hands of ,king ,john in #afah ,transcriber's ,note3 for '#afah' read '#abae'2 see ,errata1 and in #afbh dwelt in the same house which sheltered the more venerable head of his ,welsh ancestor4 ,in #afbh he was made judge by ,charles ,i4 ,he broke down the laws of the realm to enable the king to make forced loans on his subjects1 and by his special mandate 7,lettre de ,cachet7 to imprison whom he would1 as long as it pleased him1 and without showing any reason for the commitment or the detention6 ,yes1 he supported the king in his attempt to shut up members of parliament for words spoken in debate in the house of commons itself2 to levy duties on imports1 and a tax of ship-money on the land4 ,he was summoned before parliament for his offences against public justice1 and finally deprived of office1 though ungratefully1 by the king himself4#ae ,footnote #ae3 ,account of him in ,preface to his ,reports1 7#afge72 #c ,st4 ,tr4 #afb1 #bic1 #hdd1 #aaha2 #b ,parl4 ,hist4 #hfi2 #a ,rushworth1 #ffa1 et al42 ,whitlocke1 #ad1 et al4 #b4 ,thomas ,twysden was counsel for ,george ,coney in #afee1 a ,london merchant who refused to pay an illegal tax levied on him by ,cromwell--who followed in the tyrannical footsteps of the king he slew4 ,twysden was thrown into the ,tower for defending his client--as ,mr4 ,sloane1 at ,sandusky1 has just been punished by the honorable court of the ,united ,states for a similar offence1--but after a few days made a confession of his error1 defending the just laws of the land1 promised to offend no more1 and was set at liberty1 ignominiously leaving his client to defend himself and be defeated4 ,this ,twysden was made judge by ,charles ,,ii4 ,the reporters recording his decisions put down ,twysden in furore1 thinly veiling the judicial wrath in modest ,latin4 ,he was specially cruel against ,quakers and other dissenters1 treating ,george ,fox1 ,margarett ,fell1 and ,john ,bunyan with brutal violence4#af ,footnote #af3 #f ,st4 ,tr4 #fcd2 #a ,campbell ,justices1 #ddb4 #c4 ,sir ,john ,kelyng is another obscure judge of those times4 ,in the civil war he was a violent cavalier1 and however fit he might be to charge the ,roundheads under ,prince ,rupert1 he was very unfit to charge a jury in ,westminster ,hall4 ,in #affj he took part in the trial of the ,regicides and led in the prosecution of ,colonel ,hacker1 who in #afdi had charge of the execution of ,charles ,i4 ,in #affb he took part in the prosecution of ,sir ,henry ,vane1 and by his cruel subtlety in constructing law1 that former governor of ,massachusetts1--one of the most illustrious minds of ,england1 innocent of every crime1 was convicted of high treason and put to death4#ag ,for this service1 in #affc ,kelyng was made a judge2 and then1 by loyal zeal and judicial subserviency1 he made up for his want of learning and sound sense4 ,but he was so incompetent that even the court of ,charles ,,ii4 hesitated to make him more than a puny judge4 ,but he had been a valiant cavalier1 and had done good service already in making way with such as the king hated1 and so after the death of ,sir ,nicolas ,hyde1 he was made ,lord ,chief ,justice in his place4 ,in this office1 says ,judge ,campbell1 he exceeded public expectation by the violent1 fantastical1 and ludicrous manner in which he conducted himself4#ah ,but ,i will not now anticipate what ,i have to say of him in a subsequent part of this defence4 ,footnote #ag3 #f ,st4 ,tr4 #afa4 ,footnote #ah3 #a ,campbell ,justices1 #dja4 ,gentlemen of the ,jury1 we shall meet these three together again before long1 and ,i shall also speak of them singly or in pairs4 ,in the mean time ,i will mention one similar appointment in the reign of ,george the ,,iii4--the last king of ,new ,england4 99 99 99 99 99 ,in #aggj ,sergeant ,glynn1 in ,parliament1 moved for an inquiry into the administration of criminal justice4 ,edmund ,thurlow1 a rough venal man1 then recently appointed solicitor-general1 proposed that a severe censure should be passed on him for the motion4 ,thurlow wanted the trial by jury abolished in all cases of libel1 so that the liberty of the people should be in the exclusive care of government attorneys and judges appointed by the crown4 ,hear him speak on the #fth of ,december1 #aggj4 ,in my opinion no man should be allowed with impunity to make a wanton attack upon such venerable characters as the judges of the land4 ,we award costs and damages to the aggrieved party in the most trifling actions4 ,by what analogy1 then1 can we refuse the same justice in the most important cases1 to the most important personages8 ,if we allow every pitiful patriot thus to insult us with ridiculous accusations1 without making him pay forfeit for his temerity1 we shall be eternally pestered with the humming and buzzing of these stingless wasps4 ,though they cannot wound or poison1 they will tease and vex4 ,they will divert our attention from the important affairs of ,state to their own mean antipathies1 and passions1 and prejudices4 ,did they not count upon the spirit of the times and imagine that the same latitude which is taken by the libellers is here allowable1 they would not have dared to offer so gross an outrage4 ,i hope we shall now handle them so roughly as to make this the last of such audacious attempts4 ,they are already ridiculous and contemptible4 ,to crown their disgrace1 let us inflict some exemplary punishment4 ,else none of us is safe4 ,virtue and honor1 you see from this instance1 are no safeguard from their attacks4 ,the nature1 the direct effect1 and the remote consequences of a ,state libel1 are so complicated and involved with various considerations of great pith and moment1 that few juries can be adequate judges4 ,so many circumstances are at once to be kept in view1 so many ponderous interests are to be weighed1 so many comparisons to be made1 and so many judgments formed1 that the mind of an ordinary man is distracted and confounded1 and rendered incapable of coming to any regular conclusion4 ,none but a judge1 a man that has from his infancy been accustomed to decide intricate cases1 is equal to such a difficult task4 ,if we even suppose the jury sufficiently enlightened to unravel those knotty points1 yet there remains an insuperable objection4 ,in ,state libels1 their passions are frequently so much engaged1 that they may be justly considered as parties concerned against the crown4 ,in order1 therefore1 to preserve the balance of our constitution1 let us leave to the judges1 as the most indifferent persons1 the right of determining the malice or innocence of the intention4 ,it is not that ,i think the intention a matter of fact2 no1 in the sense put upon it by the judges1 it is a matter of law4 ,much dust has been raised about civil and criminal actions4 ,but to what purpose8 ,is not reparation to be made to the public for any injury which it may have sustained1 as much as to an individual8 ,is the welfare of the nation in general1 of less consequence than that of a single person8 ,where then is the propriety of making such a bustle about the malice or innocence of the intention8 ,the injury done is the only proper measure of the punishment to be inflicted1 as well as of the damage to be assessed4 ,since you cannot plead the intention as a mitigation in the latter case1 neither can you in the former4#ai ,footnote #ai3 #af ,parl4 ,hist4 #abia1 #abib1 #abic4 ,what followed8 ,on the #bc;d of ,july1 #agga1 he was made ,attorney-,general4 ,his subsequent history did not disappoint the prophecy uttered above by his former conduct and his notorious character4 ,in truth his success was certain1 with the respectable share he possessed of real talents and of valuable requirements--strongly marked features1 piercing eyes1 bushy eyebrows1 and a sonorous voice1 all worked to the best effect by an immeasurable share of self-confidence--he could not fail4#bj ,he hated ,america with the intense malignity of a low but strong and despotic nature1 and took a most zealous part and uttered very violent language against the colonists4 ,he scorned the very notion of concession or conciliation2 he considered 'sedition' and 'treason1' 7like tobacco and potatoes17 the peculiar plants of the ,american soil4 ,the natives of these regions he thought were born to be taxed4#ba ,he favored the ,stamp ,act1 the ,coercion ,bill1--quartering soldiers upon us1 sending ,americans beyond seas for trial1--the ,boston ,port ,bill1 and all the measures against the colonies4 ,to say that we have a right to tax ,america and never exercise that right1 is ridiculous1 and a man must abuse his understanding very much not to allow of that right2 the right of taxing was never in the least given up to the ,americans4#bb ,on another occasion he said1 that as attorney-general he had a right to set aside every charter in ,america4#bc ,what followed8 ,notwithstanding his youthful profligacy1 the open profanity of his public and private speech1 and his living in public and notorious contempt of matrimony1--he was made ,lord ,chancellor and elevated to the peerage in #aggh6 ,him also we shall meet again4 ,footnote #bj3 #e ,campbell1 #cih4 ,footnote #ba3 #e ,campbell1 #daj4 ,footnote #bb3 #ag ,parl4 ,hist4 #acac4 ,footnote #bc3 #ah ,st4 ,tr4 #iii4 ,gentlemen of the ,jury1 ,i might as well try to bale all the salt water out of the sea as to mention every glaring and notorious instance where an oppressive government has appointed some discarder of all ,higher ,law for its servant in crushing the ,people4 ,come therefore to the next point4 99 99 99 99 99 7,,ii47 ,the next step is by means of such ,judges to punish and destroy or silence men who oppose the wickedness of the party in power1 and the encroachments of despotism4 ,let me describe the general mode of procedure1 and then illustrate it by special examples4 #a4 ,in the ,privy ,council1 or elsewhere1 it is resolved to punish the obnoxious men1--and the business is intrusted to the law-officers of the crown1 appointed for such functions4 #b4 ,they consult and agree to pervert and twist the law--statute or common--for that purpose4 ,by this means they gratify their master1 and prepare future advancement for themselves4 #c4 ,the precedent thus established becomes the basis for new operations in the future1 and may be twisted and perverted to serve other cases as they occur4 ,now1 ,gentlemen1 look at some examples taken from ,british history1 in times of the same ,kings mentioned before4 #a4 ,in #afaj two ,puritans for refusing the ex officio oath1 were clapped in ,jail by the commissioners4 ,they were brought on habeas corpus before a court1 and ,mr4 ,fuller1 their counsel1 a learned lawyer1 insisted that they were imprisoned without due process of law4 ,for this contempt of court he was thrown into jail by ,archbishop ,bancroft1 whence he was rescued only by death4#bd ,footnote #bd3 ,peirce's ,vindication1 7#agag17 #agd4 #b4 ,in #afac there were many murmurs among the ,people of ,england at the tyranny of ,james4 ,fine and imprisonment did not quell the disturbance2 so a more dreadful example was thought needful4 ,the officials of ,government broke into the study of ,rev4 ,edmund ,peacham1 a ,protestant minister1 sixty or seventy years old4 ,in an uncovered cask they found a manuscript sermon1 never preached1 nor designed for the pulpit or the press1 never shown to any one4 ,it contained some passages which might excite men to resist tyranny4 ,he was arrested1 and thrown into ,jail1 all his papers seized4 ,the ,government resolved to prosecute him for high treason4 ,francis ,bacon1 the powerful and corrupt ,attorney-,general1 managed the prosecution4 ,before trial was ventured upon1 he procured an extrajudicial opinion of the ,judges appointed for such services1--irregularly given1 out of court1 that they would declare such an act high treason4 ,but a manuscript sermon1 neither preached nor designed for the public1 was hardly evidence enough of treason even for such ,judges--so purchased1 for such an ,attorney--so greedy of preferment1 with such a ,cabinet and such a ,king4 ,for all those1 like the ,pharisees of old1 feared the ,people4 ,so their victim was tortured on the rack1 and twelve leading questions prepared by the ,government officials1 were put to him there4 ,i quote ,secretary ,winwood's record--still extant in his own handwriting--,he was this day examined before torture1 in torture1 between torture1 and after torture2 notwithstanding nothing could be drawn from him1 he still persisting in his obstinate and insensible denials and former answers4 ,bacon was present at the torture1 which took place in the ,tower1 ,jan4 #ai1 #afad1 ,o4,s4 7#cjth ,jan4 #afae1 ,n4,s474 ,in ,august he was tried for high treason--compassing and imagining the ,king's death--before a packed jury2 against law1 and without legal evidence4 ,he was of course found guilty under the ruling of the ,court6 ,but public opinion1 even then making tyrants tremble in their capitals1 was so indignant at the outrage that the execution was not ventured on1 and he was left to languish in ,jail1 till on the #bgth of ,march1 #afaf1 a ,king more merciful took the old minister where the wicked cease from troubling4#be ,footnote #be3 #b ,st4 ,tr4 #hfi2 #af ,montagu's ,bacon1 clxvi42 #b ,campbell1 #bia4 ,in this case1 ,gentlemen of the ,jury1 you will notice three violations of the law4 7#a47 ,the opinion of the ,judges before the trial was extrajudicial and illegal4 7#b47 ,the application of torture was contrary to law4 7#c47 ,the statute of ,treason was wrested to apply to this case--and a crime was constructed by the servants of the court4 ,it is curious to read the opinion of ,james himself4 ,the ,british ,solomon thus wrote3-- ,so the only thing the ,judges can doubt of is of the delinquent's intention1 on his bare denial to clear him himself1 since nature teaches every man to defend his life as he may2 and whether in case there was a doubt herein1 the ,judges should not rather incline to that side namely1 the side of the ,government1 wherein all probability lies3 but if ,judges will needs trust rather the bare negative of an infamous delinquent--then all the probabilities1 or rather infallible consequences upon the other part1 caring more for the safety of such a monster than the preservation of a crown in all ages following1 whereupon depend the lives of many millions1 happy then are all desperate and seditious knaves1 but the fortune of this crown is more than miserable4 ,which ,god forefend4#bf ,footnote #bf3 #b ,st4 ,tr4 #hgi4 #c4 ,in #afcc1 ,laud1 a tyrannical1 ambitious man1 and a servile creature of the ,king1 mentioned before1 was made ,archbishop of ,canterbury1 continuing ,bishop of ,london at the same time4 ,charles ,i4 was strongly inclined to ,romanism1 ,laud also leaned that way1 aiming to come as near as possible to the ,papal and not be shut out of the ,english ,church4 ,he made some new regulations in regard to the ,communion ,table and the ,lord's ,supper4 ,john ,williams1 before mentioned1 ,dean of ,westminster and ,bishop of ,lincoln1 who had been ,lord ,keeper under ,king ,james1 wrote a book against those innovations2 besides1 in his episcopal court he had once spoken of the ,puritans as good subjects1 and of his knowing that the ,king did not wish them to be harshly dealt with4 ,in #afcg ,laud directed that he should be prosecuted in the ,star-,chamber for publishing false news and tales to the scandal of his ,majesty's government2 and for revealing counsels of ,state contrary to his oath of a ,privy ,counsellor4 ,he was sentenced to pay a fine of #aj1jjj1--;equal to #ej1jjj1 or thrice the sum in these times2 to be suspended from all offices1 and kept a close prisoner in the ,tower during the ,king's pleasure--whence the ,revolution set him at liberty4 ,besides he wrote private letters to ,mr4 ,osbalderston1 and called ,laud the little great man1 for this he1 in #afci1 was fined #e1jjj to the ,king1 and #c1jjj to the ,archbishop4 ,osbalderston in his letters had spoken of the great ,leviathan and the little ,urchin1 and was fined #e1jjj1 to the ,king1 and the same to the ,archbishop1 and sentenced also to stand in the pillory with his ears nailed to it6#bg ,footnote #bg3 #c ,st4 ,tr4 #gfi2 #b ,campbell1 #djj4 #d4 ,in #afbi ,richard ,chambers1 a merchant of ,london1 complained to the ,privy ,council of some illegal and unjust treatment1 and declared that the merchants in no part of the world are so screwed and wrung as in ,england2 that in ,turkey they have more encouragement4 ,laud1 who hated freedom of speech and liberal comments on the government as much as eminent citizens nowadays1 is said to have told the king1 ,if your majesty had many such ,chambers1 you would soon have no ,chamber left to rest in4 ,the merchant was tried before the commissioners at the ,star-,chamber1 and fined #b1jjj1 and condemned to make a submission for his great offence1#bh which the stout ,puritan refused to do1 and was kept in prison till the ,court of ,king's ,bench1 faithful to the law1 on ,habeas ,corpus1 admitted him to bail3 for which they were reprimanded4 ,laud and all the ecclesiastical members of the commission wished his fine #c1jjj4 ,footnote #bh3 #c ,st4 ,tr4 #cgc2 ,franklyn1 #cfa2 #b ,hallam 7,paris1 #ahda71 #f ac etiam #ac2 #b ,mrs4 ,macaulay1 #af1 #de1 #fe4 #e4 ,in his place in ,parliament in #afbi1 ,sir ,john ,eliot1 one of the noblest men in ,england's noblest age1 declared that the ,council and ,judges had all conspired to trample underfoot the liberties of the subject4 ,gentlemen1 the fact was as notorious as the advance of the ,slave ,power now is in ,america4 ,but a few days after the king 7,charles ,i47 had dismissed his refractory ,parliament1 ,eliot1 with ,hollis1 ,long1 ,selden1 ,strode1 and ,valentine1 most eminent members of the commons1 and zealous for liberty and law1 was seized by the king's command and thrown into prison4 ,the ,habeas ,corpus was demanded--it was all in vain1 for ,laud and ,strafford were at the head of affairs1 and the priests and pliant ,judges in ,westminster ,hall--,jones was one of them--clove down the law of the land just as their subcatenated successors did in ,boston in #ahea4 ,the court decreed that they should be imprisoned during the king's pleasure1 and not released until making submission and giving security for good behavior4 ,eliot was fined #b1jjj1 ,hollis and ,valentine in smaller sums4 ,eliot--the brave man--refused submission1 and died in the ,tower4 ,thus was the attack made on all freedom of speech in ,parliament6#bi ,footnote #bi3 #c ,st4 ,tr4 #bic2 #a ,rushworth2 #b ,hallam1 #b2 #b ,parl4 ,hist4 #dhh1 #ejd2 ,foster's ,eliot1 #ajj2 #b ,mrs4 ,macaulay1 ch4 i4 ii4 #f4 ,in #afcj1 the very year of the first settlement of ,boston1 on the #dth of ,june1 ,rev4 ,dr4 ,alexander ,leighton was brought before the ,court of ,high ,commission1 in the ,star-,chamber1 to be tried for a seditious libel4 ,he had published ,an ,appeal to the ,parliament1 or a ,plea against ,prelacy1 a work still well known1 remonstrating against certain notorious grievances in church and ,state1 to the end the ,parliament might take them into consideration and give such redress as might be for the honor of the king1 the quiet of the people1 and the peace of the church1 the court of commissions accounted it a most odious and heinous offence1 deserving the most serious punishment the court could inflict1 for framing a book so full of such pestilent1 devilish1 and dangerous assertions4 ,the two ,chief ,justices declared if the case had been brought to their courts1 they would have proceeded against him for ,treason1 and it was only his majesty's exceeding great mercy and goodness which selected the milder tribunal4 ,his sentence was a fine of #aj1jjj1 to be set in the pillory1 whipped1 have one ear cut off2 one side of his nose slit1 one cheek branded with ,s4,s41 ,sower of ,sedition1 and then at some convenient time be whipped again1 branded1 and mutilated on the other side1 and confined in the ,fleet during life6 ,before the punishment could be inflicted he escaped out of prison1 but was recaptured and the odious sentence fully executed4 ,those who obstructed the officer in the execution of that process were fined #ejj a piece4#cj ,gentlemen of the ,jury1 which do you think would most have astonished the ,founders of ,massachusetts1 then drawing near to ,boston1 that trial on the #dth of ,june1 #afcj1 or this trial1 two hundred and twenty-five years later8 ,at the court of ,charles it was a great honor to mutilate the body of a ,puritan minister4 ,footnote #cj3 #c ,st4 ,tr4 #chc2 ,laud's ,diary1 #dth ,november2 #b ,hallam1 #bh4 ,but not only did such judges thus punish the most noble men who wrote on political matters1 there was no freedom of speech allowed--so logical is despotism6 #g4 ,william ,prynn1 a zealous ,puritan and a very learned lawyer1 wrote a folio against theatres called a ,scourge for ,stage-,players1 dull1 learned1 unreadable and uncommon thick4 ,he was brought to the ,star-,chamber in #afcb-c1 and ,chief ,justice ,richardson--who had even then but an indifferent reputation for honesty and veracity--gave this sentence3 ,mr4 ,prynn1 ,i do declare you to be a ,schism-,maker in the ,church1 a ,sedition-,sower in the ,commonwealth1 a wolf in sheep's clothing2 in a word 'omnium malorum nequissimus'--the wickedest of all scoundrels4 ,i shall fine him #aj1jjj1 which is more than he is worth1 yet less than he deserveth2 ,i will not set him at liberty1 no more than a plagued man or a mad dog1 who though he cannot bite1 yet will he foam2 he is so far from being a sociable soul that he is not a rational soul2 he is fit to live in dens with such beasts of prey as wolves and tygers like himself2 therefore ,i do condemn him to perpetual ,imprisonment1 as those monsters that are no longer fit to live among men nor to see light4 ,i would have him branded in the forehead1 slit in the nose1 and his ears cropped too4 ,the sentence was executed the #gth and #ajth of ,may1 #afcc4ca ,but nothing intimidated1 the sturdy man committed other offences of like nature1 obstructing other officers1 and was punished again1 and banished4 ,but on the summoning of ,parliament returned to ,england1 and became powerful in that ,revolution which crushed the tyrants of the time4 ,footnote #ca3 #c ,st4 ,tr4 #efa2 #b ,hallam1 #bh1 and his authorities4 ,see also #b ,echard1 #aji1 et seq41 #abd1 et seq41 #bjb1 #cfh1 #eaj2 the remarks of ,hume1 ,hist4 ch4 lii41 remind me of the tone of the fugitive slave bill ,journals of ,boston in #ahej-ed4 #h4 ,in #afhe1 ,james ,,ii4 was in reality a ,catholic4 ,he wished to restore ,romanism to ,england and abolish the work of the ,reformation1 the better to establish the despotism which all of his family had sought to plant4 ,he was determined to punish such as spoke against the ,papal ,church1 though no law prohibited such speaking4 ,judge ,jeffreys1 a member of the cabinet and favorite of the king1 was at that time chief justice--abundantly fit for the work demanded of him4 ,the pious and venerable ,richard ,baxter was selected for the victim4 ,let ,mr4 ,macaulay tell the story4 ,in a ,commentary on the ,new ,testament1 he had complained1 with some bitterness1 of the persecution which the ,dissenters suffered4 ,that men1 who1 for not using the ,prayerbook1 had been driven from their homes1 stripped of their property1 and locked up in dungeons1 should dare to utter a murmur1 was then thought a high crime against the ,state and ,church4 ,roger ,lestrange1 the champion of the government1 and the oracle of the clergy1 sounded the note of war in the ,observator4 ,an information was filed4 ,baxter begged that he might be allowed some time to prepare for his defence4 ,it was on the day on which ,oates was pilloried in ,palace ,yard that the illustrious chief of the ,puritans1 oppressed by age and infirmities1 came to ,westminster ,hall to make this request4 ,jeffreys burst into a storm of rage4 ',not a minute1' he cried1 'to save his life4 ,i can deal with saints as well as with sinners4 ,there stands ,oates on one side of the pillory2 and if ,baxter stood on the other1 the two greatest rogues in the kingdom would stand together4' ,when the trial came on at ,guildhall1 a crowd of those who loved and honored ,baxter1 filled the court4 ,at his side stood ,doctor ,william ,bates1 one of the most eminent ,non-conformist divines4 ,two ,whig barristers of great note1 ,pollexfen and ,wallop1 appeared for the defendant4 ,pollexfen had scarce begun his address to the jury1 when the chief justice broke forth3 ',pollexfen1 ,i know you well4 ,i will set a mark on you4 ,you are the patron of the faction4 ,this is an old rogue1 a schismatical knave1 a hypocritical villain4 ,he hates the ,liturgy4 ,he would have nothing but longwinded cant without book2' and then his lordship turned up his eyes1 clasped his hands1 and began to sing through his nose in imitation of what he supposed to be ,baxter's style of praying1 ',lord1 we are thy people1 thy peculiar people1 thy dear people4' ,pollexfen gently reminded the court that his late majesty had thought ,baxter deserving of a bishopric4 ',and what ailed the old blockhead then1' cried ,jeffreys1 'that he did not take it8' ,his fury now rose almost to madness4 ,he called ,baxter a dog1 and swore that it would be no more than justice to whip such a villain through the whole city4 ,wallop interposed1 but fared no better than his leader4 ',you are in all these dirty causes1 ,mr4 ,wallop1' said the judge4 ',gentlemen of the long robe ought to be ashamed to assist such factious knaves4' ,the advocate made another attempt to obtain a hearing1 but to no purpose4 ',if you do not know your duty1' said ,jeffreys1 ',i will teach it you4' ,wallop sat down1 and ,baxter himself attempted to put in a word2 but the chief justice drowned all expostulation in a torrent of ribaldry and invective1 mingled with scraps of ,hudibras4 ',my lord1' said the old man1 ',i have been much blamed by ,dissenters for speaking respectfully of bishops4' ',baxter for bishops6' cried the judge2 'that's a merry conceit indeed4 ,i know what you mean by bishops--rascals like yourself1 ,kidderminster bishops1 factious1 snivelling ,presbyterians6' ,again ,baxter essayed to speak1 and again ,jeffreys bellowed1 ',richard1 ,richard1 dost thou think we will let thee poison the court8 ,richard1 thou art an old knave4 ,thou hast written books enough to load a cart1 and every book as full of sedition as an egg is full of meat4 ,by the grace of ,god1 ,i'll look after thee4 ,i see a great many of your brotherhood waiting to know what will befall their mighty ,don4 ,and there1' he continued1 fixing his savage eye on ,bates1 'there is a doctor of the party at your elbow4 ,but1 by the grace of ,god ,almighty1 ,i will crush you all6' ,baxter held his peace4 ,but one of the junior counsel for the defence made a last effort1 and undertook to show that the words of which complaint was made1 would not bear the construction put on them by the information4 ,with this view he began to read the context4 ,in a moment he was roared down4 ',you sha'n't turn the court into a conventicle6' ,the noise of weeping was heard from some of those who surrounded ,baxter4 ',snivelling calves6' said the judge4#cb ,footnote #cb3 #a ,macaulay1 7,harper's ,ed47 #def-h4 ,he was sentenced to pay a fine of #ejj marks1 to lie in prison till he paid it1 and be bound to good behavior for seven years4 ,jeffreys1 it is said1 wished him also to be whipped at the tail of a cart4#cc ,but the ,king remitted his fine4 ,footnote #cc3 #a ,macaulay1 #def2 #aa ,st4 ,tr4 #dic4 ,throughout the reign of ,james ,,ii4 the courts of law became more and more contemptible in the eyes of the people4 ,all the three common law courts were filled by incompetent and corrupt ,judges4#cd ,but their power to do evil never diminished4 ,footnote #cd3 #b ,campbell's ,justices1 #hg4 #i4 ,james ,,ii4 wished to restore the ,catholic form of religion1 rightly looking on ,protestantism as hostile to his intended tyranny2 so he claimed a right to dispense with the laws relating thereto1 put a ,jesuit into his ,privy ,council1 expelled ,protestants from their offices1 and filled the vacancy thus illegally made with ,papists2 he appointed ,catholic bishops4#ce ,in #afhh he published a proclamation4 ,it was the second of the kind1--dispensing with all the laws of the realm against ,catholicism2 and ordered it to be read on two specified ,sundays during the hours of service in all places of public worship4 ,this measure seemed to be a special insult to the ,protestants4 ,the declaration of indulgence was against their conscience1 and in violation of the undisputed laws of the land1 but ,chief ,justice ,wright declared from the bench his opinion that it was legal and obligatory1 and on the day appointed for reading the decree attended church to give weight to the solemnity1 and as it was not read--for the clerk had forgot to bring a copy1--he indecently in the hearing of the congregation abused the priest1 as disloyal1 seditious1 and irreligious4 ,footnote #ce3 ,see #b ,brewster's ,newton1 #ajh4 ,but the clergy thought differently from the ,chief ,justice--,episcopalians and ,dissenters agreeing on this point4 ,seven bishops petitioned the ,king that they might not be obliged to violate their conscience1 the articles of their religion1 and the laws of the realm1 by reading the declaration4 ,they presented their petition in person to the ,king1 who treated it and them with insolence and wrath4 ,the king1 says ,kennet1 was not contented to have this declaration published in the usual manner1 but he was resolved to have it solemnly read in all churches as the political gospel of his reign4 ,the bishops and clergy were1 of all others the most averse to the subject-matter of the declaration1 as being most sensible of the ill design and ill effects of it2 and therefore the court seemed the more willing to mortify these their enemies1 and make them become accessory to their own ruin2 and even to eat their own dung1 as father ,petre proudly threatened1 and therefore this order of council was made and published4#cf ,footnote #cf3 #ab ,st4 ,tr4 #bci4 ,the petition was printed and published with great rapidity1 the bishops were seized1 thrown into the ,tower1 and prosecuted in the court for a false1 feigned1 malicious1 pernicious1 and seditious libel4 ,judge ,allybone thus addressed the ,jury4 ,and ,i think1 in the first place1 that no man can take upon him to write against the actual exercise of the government1 unless he have leave from the government1 but he makes a libel1 be what he writes true or false2 for if once we come to impeach the government by way of argument1 it is the argument that makes it the government1 or not the government4 ,so that ,i lay down that1 in the first place1 the government ought not to be impeached by argument1 nor the exercise of the government shaken by argument2 because ,i can manage a proposition1 in itself doubtful1 with a better pen than another man2 this1 say ,i1 is a libel4 ,then ,i lay down this for my next position1 that no private man can take upon him to write concerning the government at all2 for what has any private man to do with the government1 if his interest be not stirred or shaken8 ,it is the business of the government to manage matters relating to the government2 it is the business of subjects to mind only their own properties and interests4 ,if my interest is not shaken1 what have ,i to do with matters of government8 ,they are not within my sphere4 ,if the government does come to shake my particular interest1 the law is open for me1 and ,i may redress myself by law2 and when ,i intrude myself into other men's business that does not concern my particular interest1 ,i am a libeller4 ,these ,i have laid down for plain propositions2 now1 then1 let us consider further1 whether1 if ,i will take upon me to contradict the government1 any specious pretence that ,i shall put upon it1 shall dress it up in another form and give it a better denomination8 ,and truly ,i think it is the worse1 because it comes in a better dress2 for by that rule1 every man that can put on a good vizard1 may be as mischievous as he will1 to the government at the bottom1 so that1 whether it be in the form of a supplication1 or an address1 or a petition1 if it be what it ought not to be1 let us call it by its true name1 and give it its right denomination--it is a libel4 ,the government here has published such a declaration as this that has been read1 relating to matters of government2 and shall1 or ought anybody to come and impeach that as illegal1 which the government has done8 ,truly1 in my opinion1 ,i do not think he should1 or ought2 for by this rule may every act of the government be shaken1 when there is not a parliament de facto sitting4 ,when the house of lords and commons are in being1 it is a proper way of applying to the king2 there is all the openness in the world for those that are members of parliament1 to make what addresses they please to the government1 for the rectifying1 altering1 regulating1 and making of what law they please2 but if every private man shall come and interpose his advice1 ,i think there can never be an end of advising the government4 ,we are not to measure things from any truth they have in themselves1 but from that aspect they have upon the government2 for there may be every tittle of a libel true1 and yet it may be a libel still2 so that ,i put no great stress upon that objection1 that the matter of it is not false2 and for sedition1 it is that which every libel carries in itself3 and as every trespass implies vi and armis1 so every libel against the government carries in it sedition1 and all the other epithets that are in the information4 ,this is my opinion as to law in general4 ,i will not debate the prerogatives of the king1 nor the privileges of the subject2 but as this fact is1 ,i think these venerable bishops did meddle with that which did not belong to them2 they took upon them1 in a petitionary1 to contradict the actual exercise of the government1 which ,i think no particular persons1 or singular body1 may do4#cg ,footnote #cg3 #ab ,st4 ,tr4 #dbg1 #dbh1 #dbi4 ,listen1 ,gentlemen of the ,jury1 to the words of ,attorney-,general ,powis3-- ,and ,i cannot omit here to take notice1 that there is not any one thing that the law is more jealous of1 or does more carefully provide for the prevention and punishment of1 than all accusations and arraignments of the government4 ,no man is allowed to accuse even the most inferior magistrate of any misbehavior in his office1 unless it be in a legal course1 though the fact is true4 ,no man may say of a justice of the peace1 to his face1 that he is unjust in his office4 ,no man may tell a judge1 either by word or petition1 you have given an unjust1 or an ill judgment1 and ,i will not obey it2 it is against the rules and laws of the kingdom1 or the like4 ,no man may say of the great men of the nation1 much less of the great officers of the kingdom1 that they do act unreasonably or unjustly1 or the like2 least of all may any man say any such thing of the king2 for these matters tend to possess the people1 that the government is ill administered2 and the consequence of that is1 to set them upon desiring a reformation2 and what that tends to1 and will end in1 we have all had a sad and too dear bought experience4#ch ,footnote #ch3 #ab ,st4 ,tr4 #bha4 ,hearken to the law of ,solicitor-,general ,williams3-- ,if any person have slandered the government in writing1 you are not to examine the truth of that fact in such writing1 but the slander which it imports to the king or government2 and be it never so true1 yet if slanderous to the king or the government1 it is a libel and to be punished2 in that case1 the right or wrong is not to be examined1 or if what was done by the government be legal1 or no2 but whether the party have done such an act4 ,if the king have a power 7for still ,i keep to that71 to issue forth proclamations to his subjects1 and to make orders and constitutions in matters ecclesiastical1 if he do issue forth his proclamation1 and make an order upon the matters within his power and prerogative2 and if any one would come and bring that power in question otherwise than in parliament1 that the matter of that proclamation be not legal1 ,i say that is sedition1 and you are not to examine the legality or illegality of the order or proclamation1 but the slander and reflection upon the government4 ,if a person do a thing that is libellous1 you shall not examine the fact1 but the consequence of it2 whether it tended to stir up sedition against the public1 or to stir up strife between man and man1 in the case of private persons2 as if a man should say of a judge1 he has taken a bribe1 and ,i will prove it4 ,they tell the king it is inconsistent with their honor1 prudence1 and conscience1 to do what he would have them to do4 ,and if these things be not reflective upon the king and government1 ,i know not what is4 ,i'll tell you what they should have done1 ,sir4 ,if they were commanded to do any thing against their consciences1 they should have acquiesced till the meeting of the parliament4 ,at which some people in the court hissed4 ,if the king will impose upon a man what he cannot do1 he must acquiesce2 but shall he come and fly in the face of his prince8 ,shall he say it is illegal8 and the prince acts against prudence1 honor1 or conscience1 and throw dirt in the king's face8 ,sure that is not permitted2 that is libelling with a witness4#ci ,footnote #ci3 #ab ,st4 ,tr4 #dae1 #daf1 #dag4 ,here1 however1 there was a ,,jury--the seven bishops were acquitted amid the tumultuous huzzas of the people1 who crowded all the open spaces in the neighborhood of ,westminster ,hall1 and rent the air with their shouts1 which even the soldiers repeated4#dj ,footnote #dj3 ,see #b ,campbell's ,justices1 #ie4 ,two of the ,judges--,sir ,john ,powell and ,sir ,richard ,holloway--stood out for law and justice1 declaring such a petition to the ,king was not a libel4 ,they were presently thrust from their offices4 99 99 99 99 99 ,gentlemen of the ,jury1 the ,stuarts soon filled up the measure of their time as of their iniquity1 and were hustled from the throne of ,england4 ,but1 alas1 ,i shall presently remind you of some examples of this tyranny in ,new ,england itself4 ,now ,i shall cite a few similar cases of oppression which happened in the reign of the last ,king of ,new ,england4 ,i just now spoke of ,edmund ,thurlow1 showing what his character was and by what means he gained his various offices1 ministerial and judicial4 ,i will next show you one instance more of the evil which comes from putting in office such men as are nothing but steps whereon despotism mounts up to its bad eminence4 #aj4 ,on the #hth of ,june1 #agge1--;it will be eighty years on the first anniversary of ,judge ,curtis's charge to the grand-jury1--,john ,horne1 better known by his subsequent name ,john ,horne ,tooke1 formerly a clergyman but then a scholarly man devoting himself to letters and politics--published the following notice in the ,morning ,chronicle and ,london ,advertiser1 as well as other newspapers3-- ,king's-,arms ,tavern1 ,cornhill1 ,june #g1 #agge4 ,at a special meeting this day of several members of the ,constitutional ,society1 during an adjournment1 a gentleman proposed that a subscription should be immediately entered into by such of the members present who might approve the purpose1 for raising the sum of #ajj1 to be applied to the relief of the widows1 orphans1 and aged parents of our beloved ,american fellow-subjects1 who1 faithful to the character of ,englishmen1 preferring death to slavery1 were for that reason only inhumanly murdered by the king's troops at or near ,lexington and ,concord1 in the province of ,massachusetts1 on the #aith of last ,april2 which sum being immediately collected1 it was thereupon resolved that ,mr4 ,horne do pay to-morrow into the hands of ,mess4 ,brownes and ,collinson1 on account of ,dr4 ,franklin1 the said sum of #ajjl4 and that ,dr4 ,franklin be requested to apply the same to the above-mentioned purpose4 ,at that time ,thurlow1 whom ,i introduced to you a little while ago1 was ,attorney-,general1 looking for further promotion from the ,tory ,government of ,lord ,north4 ,mansfield was ,chief ,justice1 a man of great ability1 who has done so much to reform the ,english law1 but whose hostility to ,america was only surpassed by the hatred which he bore to all freedom of speech and the rights of the ,jury4 ,the ,government was eager to crush the liberty of the ,american ,colonies4 ,but this was a difficult matter1 for in ,england itself there was a powerful party friendly to ,america1 who took our side in the struggle for liberty4 ,the city of ,london1 however1 was hostile to us1 wishing to destroy our merchants and manufacturers1 who disturbed the monopoly of that commercial metropolis4 ,the government thought it necessary to punish any man who ventured to oppose their tyranny and sympathize with ,america4 ,accordingly it was determined that ,mr4 ,horne should be brought to trial4 ,but as public opinion1 stimulated by ,erskine1 ,camden and others1 favored the rights of the ,jury1 it seems to have been thought dangerous to trust the case to a ,grand-,jury4 ,perhaps the ,judge had no brother-in-law to put on it1 or the ,attorney-,general--though famous also for his profanity1--doubted that any swearing of his would insure a bill2 nay1 perhaps he did not venture to bet ten dollars that ,i will get an indictment against him4 ,be that as it may1 the ,attorney-,general dispensed with the services of the ,grand-,jury and filed an information ex officio against ,mr4 ,horne1 therein styling him a wicked1 malicious1 seditious1 and ill-disposed person2 charging him1 by that advertisement1 with wickedly1 maliciously1 and seditiously intending1 designing1 and venturing to stir up and excite discontents and sedition2 to cause it to be believed that divers of his ,majesty's innocent and deserving subjects had been inhumanly murdered by 444 his ,majesty's troops2 and unlawfully and wickedly to encourage his ,majesty's subjects in the said ,province of ,massachusetts to resist and oppose his ,majesty's ,government4 ,he said the advertisement was a false1 wicked1 malicious1 scandalous1 and seditious libel2 full of ribaldry1 ,billingsgate1 scurrility1 balderdash1 and impudence2 wicked is a term too high for this advertisement2 its impudence disarmed its wickedness4 ,in short1 ,mr4 ,horne was accused of resisting an officer1 obstructing the execution of the process whereby the ,american ,provinces were to be made the slave colonies of a metropolitan despotism4 ,the usual charge of doing all this by force and arms1 was of course thrown in4 ,the publication of the advertisement was declared a crime of such heinousness and of such a size as fairly called for the highest resentment which any court of justice has thought proper to use with respect to crimes of this denomination2 a libel such that it is impossible by any artifice to aggravate it2 ,it will be totally impossible for the imagination of any man1 however shrewd1 to state a libel more scandalous and base in the fact imputed1 more malignant and hostile to the country in which the libeller is born1 more dangerous in the example if it were suffered to pass unpunished1 than this3 ,it is in language addressed to the lowest and most miserable mortals1 444 it is addressed to the lowest of the mob1 and the bulk of the people1 who it is fit should be otherwise taught1 who it is fit should be otherwise governed in this country4 ,mr4 ,horne was brought to trial on the #dth of ,july1 #aggg4 ,he defended himself1 but though a vigorous writer1 he was not a good speaker1 and was in a strange place1 while ,thurlow fought on his own dunghill1 says ,lord ,campbell1 and throughout the whole day had the advantage over him4 ,there was a special jury packed for the purpose by the hireling sheriff1--a ,london jury famous for corruption1--a tyrannical and powerful judge1 ready to turn every weapon of the court against the defendant and to construct law against the liberty of speech4 ,of course ,mr4 ,horne was convicted4 ,but how should he be punished8 ,thurlow determined4 ,my ,lords1 the punishments to be inflicted upon misdemeanors of this sort1 have usually been of three different kinds2 fine1 corporal punishment by imprisonment1 and infamy by the judgment of the pillory4 ,with regard to the fine1 it is impossible for justice to make this sort of punishment1 however the infamy will always fall upon the offender2 because it is well known1 that men who have more wealth1 who have better and more respectful situations and reputations to be watchful over1 employ men in desperate situations both of circumstances and characters1 in order to do that which serves their party purposes2 and when the punishment comes to be inflicted1 this court must have regard to the apparent situation and circumstances of the man employed1 that is1 of the man convicted1 with regard to the punishment4 ,with regard to imprisonment1 that is a species of punishment not to be considered alike in all cases1 but 4441 that it would be proper for the judgment of the court to state circumstances which will make the imprisonment fall lighter or heavier1 444 that would be proper1 if ,i had not been spared all trouble upon that account1 by hearing it solemnly avowed 444 by the defendant himself1 that imprisonment was no kind of inconvenience to him2 for that certain employments1 444 would occasion his confinement in so close a way1 that it was mere matter of circumstance whether it happened in one place or another2 and that the longest imprisonment which this court could inflict for punishment1 was not beyond the reach of accommodation which those occasions rendered necessary to him4 ,in this respect1 therefore1 imprisonment is not only1 444 not an adequate punishment to the offence1 but the public are told1 444 that it will be no punishment4 ,i stated in the third place to your ,lordships1 the pillory to have been the usual punishment for this species of offence4 ,i apprehend it to have been so1 in this case1 for above two hundred years before the time when prosecutions grew rank in the ,star-,chamber 444 the punishment of the pillory was inflicted1 not only during the time that such prosecutions were rank in the ,star-,chamber1 but it also continued to be inflicted upon this sort of crime1 and that by the best authority1 after the time of the abolishing the ,star-,chamber1 after the time of the ,revolution1 and while my ,lord ,chief ,justice ,holt sat in this court4 ,i would desire no better1 no more pointed1 nor any more applicable argument than what that great chief justice used1 when it was contended before him that an abuse upon government1 upon the administration of several parts of government1 amounted to nothing1 because there was no abuse upon any particular man4 ,that great chief justice said1 they amounted to much more2 they are an abuse upon all men4 ,government cannot exist1 if the law cannot restrain that sort of abuse4 ,government cannot exist1 unless 444 the full punishment is inflicted which the most approved times have given to offences of much less denomination than these1 of much less4 ,i am sure it cannot be shown1 that in any one of the cases that were punished in that manner1 the aggravations of any one of those offences were any degree adequate to those which are presented to your ,lordship now4 ,if offences were so punished then1 which are not so punished now1 they lose that expiation which the wisdom of those ages thought proper to hold out to the public1 as a restraint from such offences being committed again4 ,i am to judge of crimes in order to the prosecution2 your lordship is to judge of them ultimately for punishment4 ,i should have been extremely sorry1 if ,i had been induced by any consideration whatever1 to have brought a crime of the magnitude which this was 7of the magnitude which this was when ,i first stated it7 into a court of justice1 if ,i had not had it in my contemplation also that it would meet with an adequate restraint1 which ,i never thought would be done without affixing to it the judgment of the pillory2 ,i should have been very sorry to have brought this man here1 after all the aggravations that he has superinduced upon the offence itself1 if ,i had not been persuaded that those aggravations would have induced the judgment of the pillory4#da ,footnote #da3 #bj ,st4 ,tr4 #ghj-ghc4 ,but ,mansfield thought otherwise1 and punished him with a fine of #bjj and imprisonment for twelve months4#db ,footnote #db3 #bj ,st4 ,tr4 #fea2 #e ,campbell1 #dae4 ,thus1 says ,lord ,brougham1 a bold and just denunciation of the attacks made upon our ,american ,brethren1 which nowadays would rank among the very mildest and tamest effusions of the periodical press1 condemned him to prison for twelve months4#dc ,footnote #dc3 ,statesmen1 #b ,series1 #aji4 ,thurlow was a man of low intellect1 of a fierce countenance1 a saucy1 swaggering1 insolent manner1 debauched in his morals beyond the grossness of that indecent age1--ostentatiously living in public concubinage1--a notorious swearer in public and private4 ,but he knew no law above the will of the hand that fed and could advance him1 no justice which might check the insolence of power4 ,and in less than a month after ,mr4 ,horne was sent to jail1 ,thurlow was made ,lord ,chancellor of ,england1 and sat on the woolsack in the ,house of ,lords4 ,his chief panegyrist can only say1 in worse times there have been worse chancellors4 ,but an age of comparative freedom and refinement has rarely exhibited one who so ill understood1 or at least so ill discharged1 the functions of a statesman and legislator4 ,i will enrich this part of my argument with an example of the opinions of this ,judge1 which would endear him to the present administration in ,america1 and entitle him to a high place among southern politicians4 ,in #aghh a bill was brought into ,parliament to mitigate the horrors of the ,african slave-trade4 ,the ,lord ,chancellor1 ,thurlow1 opposed it and said3-- ,it appears that the ,french have offered premiums to encourage the ,african slave trade1 and that they have succeeded4 ,the natural presumption therefore is1 that we ought to do the same4 ,for my part1 my ,lords1 ,i have no scruple to say that if the 'five days' fit of philanthropy' the attempt to abolish the slave-trade which has just sprung up1 and which has slept for twenty years together1 were allowed to sleep one summer longer1 it would appear to me rather more wise than thus to take up a subject piecemeal1 which it has been publicly declared ought not to be agitated at all till next session of ,parliament4 ,perhaps1 by such imprudence1 the slaves themselves may be prompted by their own authority1 to proceed at once to a 'total and immediate abolition of the trade4' ,one witness has come to your ,lordship's bar with a face of woe--his eyes full of tears1 and his countenance fraught with horror1 and said1 ',my ,lords1 ,i am ruined if you pass this bill6 ,i have risked #cj1jjj on the trade this year6 ,it is all ,i have been able to gain by my industry1 and if ,i lose it ,i must go to the hospital6' ,i desire of you to think of such things1 my ,lords1 in your humane phrensy1 and to show some humanity to the whites as well as to the negroes4#dd ,footnote #dd3 #e ,campbell1 #dfj2 #bg ,parl4 ,hist4 #fch4 ,one measure of tyranny in the hands of such ,judges is ,constructive ,crime1 a crime which the revengeful1 or the purchased judge distils out of an honest or a doubtful deed1 in the alembic he has made out of the law broken up and recast by him for that purpose1 twisted1 drawn out1 and coiled up in serpentine and labyrinthine folds4 ,for as the sweet juices of the grape1 the peach1 the apple1 pear1 or plumb may be fermented1 and then distilled into the most deadly intoxicating draught to madden man and infuriate woman1 so by the sophistry of a ,state's ,attorney and a ,court ,judge1 well trained for this work1 out of innocent actions1 and honest1 manly speech1 the most ghastly crimes can be extorted1 and then the leprous distilment be poured upon the innocent victim1 ,and a most instant tetter barks about1 ,most lazar-like1 with vile and loathsome crust1 ,all his smooth body6 ,here is an example4 ,in #affh some ,london apprentices committed a riot by pulling down some houses of ill-fame in ,moorfields1 which had become a nuisance to the neighborhood2 they shouted ,down with ,bawdy ,houses4 ,judge ,kelyng had them indicted for ,high ,treason4 ,he said it was an accroachment of royal authority4 ,it was levying war4 ,he thus laid down the law4 ,the prisoners are indicted for levying war against the ,king4 ,by levying war is not only meant when a body is gathered together as an army1 but if a company of people will go about any public reformation1 this is high treason4 ,these people do pretend their design was against brothels2 now let men to go about to pull down brothels1 with a captain an apprentice walked about with a green apron on a pole and an ensign and weapons1--if this thing be endured1 who is safe8 ,it is high treason because it doth betray the peace of the nation1 and every subject is as much wronged as the ,king2 for if every man may reform what he will1 no man is safe2 therefore the thing is of desperate consequence1 and we must make this for a public example4 ,there is reason why we should be very cautious2 we are but recently delivered from rebellion ,charles ,i4 had been executed nineteen years before1 and his son had been in peaceable possession of the throne for eight years1 and we know that that rebellion first began under the pretence of religion and the law2 for the ,devil hath always this vizard upon it4 ,we have great reason to be very wary that we fall not again into the same error4 ,apprentices for the future shall not go on in this manner4 ,it proved that ,beasly went as their captain with his sword1 and flourished it over his head this was the weapons1 and that ,messenger walked about ,moorfields with a green apron on the top of a pole this was the ensign4 ,what was done by one1 was done by all2 in high treason all concerned are principals4#de ,footnote #de3 #a ,campbell's ,justices1 #djd-e2 ,kelyng's ,reports1 #gj4 ,thereupon thirteen apprentices who had been concerned in a riot were found guilty of high treason1 sentenced1 and four hanged4 ,all of the eleven ,judges--,twysden was one of them--concurred in the sentence1 except ,sir ,matthew ,hale4 ,he declared there was no treason committed2 there was but an unruly company of apprentices4#df ,footnote #df3 #f ,st4 ,tr4 #hgi1 note #iaa4 ,this same ,judge ,kelyng1 singularly thick-headed and ridiculous1 loved to construct crimes where the law made none4 ,thus he declares1 in cases of high treason1 if any one do any thing by which he showeth his liking and approbation to the ,traitorous ,design1 this is in him ,high ,treason4 ,for all are ,principals in ,high ,treason1 who contribute towards it by ,action or ,approbation4#dg ,he held it was an overt act of treason to print a treasonable proposition1 such as this1 ,the execution of ,judgment and ,justice is as well the people's as the magistrates' duty1 and if the magistrates pervert ,judgment1 the people are bound by the law of ,god to execute judgment without them and upon them4#dh ,so the printer of the book1 containing the treasonable proposition1 was executed4 ,a man1 by name ,axtell1 who commanded the guards which attended at the trial and execution of ,charles ,i41 was brought to trial for treason4 ,he contended that he acted as a soldier by the command of his superior officer1 whom he must obey1 or die4 ,but it was resolved that that was no excuse1 for his superior was a ,traitor and all that joined with him in that act were ,traitors1 and did by that approve the ,treason1 and when the command is ,traitorous1 then the ,obedience to that ,command is also ,traitorous4 ,so ,axtell must die4 ,the same rule of course smote at the head of any private soldier who served in the ranks6#di ,footnote #dg3 ,kelyng's ,reports1 #ab4 ,footnote #dh3 ,ibid4 #bb4 ,footnote #di3 ,kelyng's ,reports1 #ac4 ,these wicked constructions of treason by the court1 out of small offences or honest actions1 continued until ,mr4 ,erskine attacked them with his ,justice1 and with his eloquence exposed them to the indignation of mankind1 and so shamed the courts into humanity and common sense4#ej ,yet still the same weapon lies hid under the ,judicial bench as well of ,england as of ,america1 whence any malignant or purchased ,judge1 when it suits his personal whim or public ambition1 may draw it forth1 and smite at the fortune1 the reputation1 or the life of any innocent man he has a private grudge against1 but dares not meet in open day4 ,of this1 ,gentlemen of the ,jury1 in due time4 ,footnote #ej3 ,see his ,defence of ,hardy1 #bd ,st4 ,tr4 #hgg4 99 99 99 99 99 ,the mass of men1 busy with their honest work1 are not aware what power is left in the hands of judges--wholly irresponsible to the people2 few men know how they often violate the laws they are nominally set to administer4 ,let me take but a single form of this judicial iniquity--the ,use of ,torture1 borrowing my examples from the history of our mother country4 ,in ,england the use of torture has never been conformable either to common or to statute law2 but how often has it been practised by a corrupt administration and wicked judges6 ,in #aedi ,lord ,seymour of ,sudley1 ,admiral of ,england1 was put to the torture2#ea in #afjd ,guy ,fawkes was horribly racked4#eb ,peacham was repeatedly put to torture as you have just now heard1 and that in the presence of ,lord ,bacon himself in #afad4ec ,peacock was racked in #afbj1 ,bacon and ,coke both signing the warrant for this illegal wickedness1--he deserveth it as well as ,peacham did1 said the ,lord ,chancellor1 making his own ungodly custom stand for law4#ed ,in #afbg the ,lord ,deputy of ,ireland wanted to torture two priests1 and ,charles ,i4 gave him license1 the privy council consenting--all of one mind that he might rack the priests if he saw fit1 and hang them if he found reason6#ee ,in #afbh the judges of ,england solemnly decided that torture was unlawful2 but it had always been so1--and ,yelverton1 one of the judges1 was a member of the commission which stretched ,peacham on the rack4#ef ,yet1 spite of this decision1 torture still held its old place1 and a warrant from the year #afaj still exists for inflicting this illegal atrocity on a victim of the court4#eg ,yet even so late as #ahjd1 when ,thomas ,pictou1 governor of ,trinidad1 put a woman to tortures of the most cruel character1 by the connivance of the court he entirely escaped from all judicial punishment4#eh ,yes1 torture was long continued in ,england itself1 though not always by means of thumbscrews and ,scottish boots and ,spanish racks2 the monstrous chains1 the damp cells1 the perpetual irritation which corrupt servants of a despotic court tormented their victims withal1 was the old demon under another name4#ei ,nay1 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 ,america4 ,footnote #ea3 ,see #b ,st4 ,tr4 #ggd1 note4 ,footnote #eb3 #a ,jardine1 ,crim4 ,tr4 #af4 ,footnote #ec3 #b ,st4 ,tr4 #hga4 ,footnote #ed3 #a ,jardine1 #ai4 ,footnote #ee3 ,ibid4 ,footnote #ef3 #c ,st4 ,tr4 #cga4 ,see #cj ,st4 ,tr4 #hib4 ,footnote #eg3 #a ,jardine1 #bj4 ,see ,emlyn1 ,preface to ,st4 ,tr4 in #a ,hargrave1 p4 iii4 ,footnote #eh3 #cj ,st4 ,tr4 #bbe4 ,footnote #ei3 ,see case of ,huggins in #ag ,st4 ,tr4 #big1 #cji4 ,it has been well said3-- ,it must be owned that the ,guards and ,fences of the law have not always proved an effectual security for the subject4 ,the ,reader will 444 find many ,instances wherein they who hold the sword of ,justice did not employ it as they ought to in punishment of ,evil-,doers1 but to the ,oppression and ,destruction of ,men more righteous than themselves4 ,indeed it is scarce possible to frame a ,body of ,laws which a tyrannical ,prince1 influenced by wicked ,counsellors and corrupt ,judges1 may not be able to break through4444 ,the ,law itself is a dead letter4 ,judges are the interpreters of it1 and if they prove men of no ,conscience nor ,integrity1 they will give what sense they will to it1 however different from the true one2 and when they are supported by superior authority1 will for a while prevail1 till by repeated iniquities they grow intolerable and throw the ,state into convulsions which may at last end in their own ruin4 ,this shows how valuable a ,blessing is an upright and learned ,judge1 and of what great concern it is to the public that none be preferred to that office but such whose ,ability and ,integrity may be safely depended on4#fj ,footnote #fj3 #a ,hargrave's ,st4 ,tr4 #f4 ,thus1 ,gentlemen of the ,jury1 is it that judges who know no law but the will of the hand that feeds them1 appointed for services rendered to the enemies of mankind and looking for yet higher rewards1 have sought to establish the despotism of their masters on the ruin of the ,people4 ,but the destruction of obnoxious individuals is not the whole of their enormity2 so ,i come to the next part of the subject4 7,,iii47 ,the next step is for such judges to interpret1 wrest1 and pervert the laws so as to prepare for prospective ,acts of ,tyranny4 ,here1 ,gentlemen of the ,jury1 ,i shall have only too many examples to warn you with4 ,early in his reign ,james ,i4 sought to lay burthensome taxes on the people without any act of ,parliament2 this practice was continued by his successors4 #a4 ,in #afjf came the great ,case of ,impositions1 not mentioned in the ordinary histories of ,england4 ,the king assumed the right to tax the nation by his own prerogative4 ,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 ,parliament4 ,this was contrary to law1 nay1 to the ,constitution of ,england1 her ,magna ,charta itself provided against unparliamentary taxation4 ,sir ,john ,bates1 a ,london merchant1 refused to pay the unlawful duty1 and was prosecuted by information in the ,star-,chamber4 ,the courts of justice1 says ,mr4 ,hallam1 did not consist of men conscientiously impartial between the king and the subject2 some corrupt with hopes of promotion1 many more fearful of removal1 or awe-struck by the fear of power4 ,on the trial it was abundantly shown that the king had no right to levy such a duty4 ,the accomplished but too pliant judges1 and those indefatigable hunters of precedents for violations of constitutional government1 the great law-officers of the crown1 decided against the laws1 and ,chief ,justice ,fleming maintained that the king might lay what tax he pleased on imported goods6 ,the corrupt decision settled the law for years--and gave the king absolute power over this branch of the revenue1 involving a complete destruction of the liberty of the people1--for the ,principle would carry a thousand measures on its back4#fa ,the king declared ,fleming a judge to his heart's content4 ,bacon's subserviency did not pass unrewarded4 ,soon after ,james issued a decree under the great seal1 imposing heavy duties on almost all merchandise to be for ever hereafter paid to the king and his successors1 on pain of his displeasure4#fb ,thus the ,measure became a ,principle4 ,footnote #fa3 #b ,st4 ,tr4 #cga1 and #aa ,hargrave1 #bi2 #a ,campbell's ,justices1 #bjd4 ,footnote #fb3 #a ,hallam1 #bca4 ,see #a ,parl4 ,hist4 #ajcj1 #aacb1 #aaej2 ,baker's ,chronicle1 #dcj4 #b4 ,james1 wanting funds1 demanded of his subjects forced contributions of money1--strangely called ,benevolences1 though there was no good-will on either side4 ,it was clearly against the fundamental laws of the kingdom4 ,sir ,oliver ,st4 ,john refused to pay what was demanded of him1 and wrote a letter to the mayor of ,marlborough against the illegal exaction4 ,for this he was prosecuted in the ,star-,chamber in #afae by ,attorney-,general ,bacon4 ,the court1 with ,lord ,chancellor ,ellesmere at its head1 of course decided that the king had a right to levy ,benevolences at pleasure4 ,st4 ,john was fined five thousand pounds1 and punished by imprisonment during the king's pleasure4 ,this decision gave the king absolute power over all property in the realm1--every private purse was in his hands6#fc ,with such a court the king might well say1 ,wheare any controversyes arise1 my ,lordes the ,judges chosene betwixte me and my people shall discide and rulle me4#fd ,footnote #fc3 #b ,st4 ,tr4 #hii2 #a ,hallam1 #bea2 #b ,campbell1 #bia4 ,footnote #fd3 #a ,parl4 ,hist4 #aaef4 #c4 ,charles ,i4 proceeded in the steps of his father3 he levied forced loans4 ,thomas ,darnel and others refused to pay1 and were put in prison on a ,general ,warrant from the king which did not specify the cause of commitment4 ,they brought their writs of habeas corpus1 contending that their confinement was illegal4 ,the matter came to trial in #afbg4 ,sir ,randolf ,crewe1 a man too just to be trusted to do the iniquity desired1 was thrust out of office1 and ,sir ,nicolas ,hyde appointed chief justice in his place4 ,the actual question was1 ,has the king a right to imprison any subject forever without process of law8 ,it was abundantly shown that he had no such right4 ,but the new chief justice1 put in power to oppress the people1 remembering the hand that fed him1 thus decreed1--,mr4 ,attorney hath told you that the king hath done it1 and we trust him in great matters1 and he is bound by law1 and he bids us proceed by law2 444 and we make no doubt but the king1 if you look to him1 he knowing the cause why you are imprisoned1 he will have mercy2 but that we believe that 444 he cannot deliver you1 but you must be remanded4 ,thus the judges gave the king absolute power over the liberties of any subject4#fe ,footnote #fe3 #c ,st4 ,tr4 #a4 ,see also #b ,parl4 ,hist4 #bhh2 #a ,rushworth and #a ,mrs4 ,macaulay1 #cda4 ,but the matter was brought up in ,parliament and discussed by men of a different temper1 who frightened the judge by threats of impeachment1 and forced the king to agree to the ,,petition ,,of ,,right designed to put an end to all such illegal cruelty4 ,before ,charles ,i4 would sign that famous bill1 he asked ,judge ,hyde if it would restrain the king from committing or restraining a subject without showing cause4 ,the crafty judge answered1 ,every law1 after it is made1 hath its exposition1 which is to be left to the courts of justice to determine2 and although the ,petition be granted there is no fear of such a conclusion as is intimated in the question6 ,that is1 the court will interpret the plain law so as to oppress the subject and please the king6 ,as the judges had promised to annul the law1 the king signed it4#ff ,charles dissolved ,parliament and threw into jail its most noble and powerful members--one of whom1 ,eliot1 never left the prison till death set him free4#fg ,the same chief justice gave an extrajudicial opinion justifying the illegal seizure of the members1--that a parliament man committing an offence against the ,king in ,parliament not in a parliamentary course1 may be punished after the ,parliament is ended2 that by false slanders to bring the ,lords of the ,council and the ,judges1 not in a parliamentary way1 into the hatred of the people and the government into contempt1 was punishable out of ,parliament1 in the ,star-,chamber1 as an offence committed in ,parliament beyond the office1 and beside the duty of a parliament man4#fh ,thus the judges struck down freedom of speech in ,parliament4 ,footnote #ff3 #a ,campbell1 ,justices1 #caa2 #b ,parl4 ,hist4 #bde1 #cej1 #cgc1 #djh1 et al42 #c ,st4 ,tr4 #ei4 ,footnote #fg3 ,see above1 p4 #bi4 ,footnote #fh3 #a ,campbell's ,justices1 #cae4 #d4 ,in #afcd ,charles ,i4 issued a writ levying ship-money1 so called1 on some seaport towns1 without act of ,parliament4 ,london and some towns remonstrated1 but were forced to submit1 all the courts being against them4 ,chief ,justice ,finch1 a servile tool of the despotic court1 generalized this unlawful tax1 extending it to inland towns as well as seaboard1 to all the kingdom4 ,all landholders were to be assessed in proportion to their property1 and the tax1 if not voluntarily paid1 collected by force4 ,the tax was unpopular1 and clearly against the fundamental law of the kingdom4 ,but if the government could not get the law on its side it could control its interpreters1 for every law hath its exposition4 ,so the ,judges of ,assize were ordered in their circuits to tell the people to comply with the order and pay the money6 ,the ,king got all extrajudicial opinion of the twelve ,judges delivered irregularly1 out of court1 in which they unanimously declared that in time of danger the ,king might levy such tax as he saw fit1 and compel men to pay it4 ,he was the sole judge of the danger1 and of the amount of the tax4#fi ,footnote #fi3 #c ,st4 ,tr4 #hbe4 ,see the opinion of the ,judges with their twelve names1 #hdd1 and note dagger symbol4 ,john ,hampden was taxed twenty shillings--he refused to pay1 though he knew well the fate of ,richard ,chambers a few years before4 ,the case came to trial in #afcg1 in the ,court of ,exchequer before ,lord ,chancellor ,coventry1 a base creature1 mentioned before4 ,it was the great case of ,ship-money4 ,the ablest lawyers in ,england showed that the tax was contrary to ,magna ,charta1 to the fundamental laws of the realm1 to the ,petition of ,right and to the practice of the kingdom4 ,hampden was defeated4 ,ten out of the twelve ,judges sided with the ,king4 ,croke as the eleventh had made up his mind to do the same1 but his noble wife implored him not to sacrifice his conscience for fear of danger1 and the ,woman1 as it so often happens1 saved the man4#gj ,attorney-,general ,banks thus set forth the opinion of the ,government1 and the consequent decision of the ,judges4 ,he rested the right of levying ,ship-money on the intrinsic1 absolute authority of the ,king4 ,there was no ,higher ,law in ,old ,england in #afcd6 ,banks said1 this power of arbitrary and irresponsible taxation is innate in the person of an absolute ,king1 and in the persons of the ,kings of ,england4 ,all-magistracy it is of nature2 and obedience and subjection to it is of nature4 ,this power is not anyways derived from the people1 but reserved unto the ,king when positive laws first began4 ,for the ,king of ,england1 he is an absolute monarch2 nothing can be given to an absolute prince but what is inherent in his person4 ,he can do no wrong4 ,he is the sole judge and we ought not to question him1 whom the law trusts we ought not to distrust4 ,the ,acts of ,parliament contain no express words to take away so high a prerogative2 and the ,king's prerogative1 even in lesser matters1 is always saved1 where express words do not restrain it4#ga ,footnote #gj3 ,whitelocke1 ,memor4 #be4 ,footnote #ga3 #b ,hallam1 #af4 ,it required six months of judicial labor to bring forth this result1 which was of infinite disservice to the crown4 ,thereupon ,mr4 ,hallam says3-- ,those who had trusted to the faith of the judges were undeceived by the honest repentance of some1 and looked with indignation on so prostituted a crew4 ,that respect for courts of justice which the happy structure of our ,judicial administration has in general kept inviolate1 was exchanged for distrust1 contempt1 and a desire of vengeance4 ,they heard the speeches of some of the ,judges with more displeasure than even their final decision4 ,ship-money was held lawful by ,finch and several other ,judges1 not on the authority of precedents which must in their nature have some bounds1 but on principles subversive of every property or privilege in the subject4 ,those paramount rights of monarchy1 to which they appealed to-day in justification of ,ship-money1 might to-morrow serve to supersede other laws1 and maintain more exertions of despotic power4 ,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 sufferance4 ,this alarming tenet1 long bruited among the churchmen and courtiers1 now resounded in the halls of justice4#gb ,footnote #gb3 #b ,hallam1 #ah4 ,thus by the purchased vote of a corrupt ,judiciary all the laws of ,parliament1 all the customs of the ,anglo-,saxon tribe1 ,magna ,charta itself with its noble attendant charters1 were at once swept away1 and all the property of the kingdom put into the hands of the enemy of the ,people4 ,these four decisions would make the ,king of ,england as absolute as the ,sultan of ,turkey1 or the ,russian ,czar4 ,if the opinion of the ,judges in the case of ,impositions and ,ship-money were accepted in law1--then all the ,property of the ,people was the ,king's2 if the courts were correct in their judgments giving the ,king the power by his mere will to imprison any subject1 during pleasure1 and also to do the same even with members of ,parliament and punish them for debates in the ,house of ,commons1 then all liberty was at an end1 and the ,king's ,prerogative extended over all acts of ,parliament1 all property1 all persons4 #e4 ,one step more must be taken to make the logic of despotism perfect1 and complete the chain4 ,that work was delegated to clergymen purchased for the purpose--,rev4 ,dr4 ,robert ,sibthorpe and ,rev4 ,dr4 ,roger ,mainwaring4 ,the first in a sermon of rendering all their dues1 preached and printed in #afbg1 says1 the ,prince who is the ,head1 and makes his ,court and ,council1 it is his duty to direct and make laws4 ',he doth whatsoever pleaseth him2' 'where the word of the ,king is there is power1 and who may say unto him1 ,what doest thou8' ,and again1 ,if ,princes command any thing which subjects may not perform1 because it is against the ,laws of ,god1 or of ,nature1 or impossible2 yet ,subjects are bound to undergo the punishment1 without either resisting1 or railing1 or reviling1 and are to yield a ,passive ,obedience where they cannot exhibit an ,active one1 444 but in all others he is bound to active obedience4#gc ,footnote #gc3 ,cited in ,franklyn1 #bjh2 #a ,rushworth1 #dbb1 #dcf1 #ddd4 ,mainwaring went further1 and in two famous sermons--preached1 one on the #dth of ,july1 #afbh1 the other on the #bith of the same month--declared that the ,king is not bound to observe the ,laws of the ,realm concerning the ,subject's ,rights and ,liberties1 but that his ,royal will and ,command1 in imposing ,loans1 and ,taxes1 without consent of ,parliament1 doth oblige the subject's conscience upon pain of eternal damnation4 ,that those who refused to pay this ,loan offended against the ,law of ,god and the ,king's ,supreme ,authority1 and became guilty of ,impiety1 ,disloyalty1 and ,rebellion4 ,and that the authority of ,parliament is not necessary for the raising of ,aid and ,subsidies2 and that the slow proceedings of such great ,assemblies were not fitted for the ,supply of the ,state's urgent necessities1 but would rather produce sundry impediments to the just designs of ,princes4 ,that ,kings partake of omnipotence with ,god4#gd ,footnote #gd3 ,franklyn1 #bjh1 #eib4 ,these two ,sermons were published in a volume with the title ,religion and ,allegiance4444 ,published by his ,majesty's special command4 7,london1 #afbh47 ,prof4 ,stuart seems inspired by this title in giving a name to his remarkable publication--written with the same spirit as ,dr4 ,mainwaring's--,conscience and the ,constitution4 7,andover1 #ahea47 ,see #c ,st4 ,tr4 #cce2 #a ,rushworth1 #dbb1 #dcf1 #ehe1 et al42 #a ,hallam1 #cjg2 #b ,parl4 ,hist4 #chh1 #daj4 ,the nation was enraged4 ,mainwaring was brought before ,parliament1 punished with fine and imprisonment and temporary suspension from office and perpetual disability for ecclesiastical preferment4 ,but the ,king who ordered the publication of the sermons1 and who doubtless had induced him to preach them1 immediately made him ,rector of ,stamford ,parish1 soon appointed him ,dean of ,worcester1 and finally in #afde made him ,bishop of ,st4 ,david's4 ,a few years ago such clerical apostasy would seem astonishing to an ,american4 ,but now1 ,gentlemen of the ,jury1 so rapid has been the downfall of public virtue1 that men filling the pulpits once graced and dignified by noblest puritanic piety1 now publicly declare there is no law of ,god above the fugitive slave bill4 ,nay1 a distinguished ,american minister boldly proclaimed his readiness to send his own ,mother 7or ,brother7 into eternal bondage6 ,thus modern history explains the old2 and the cheap bait of a republican bribe can seduce ,american dissenters1 as the wealthy lure of royal gifts once drew ,british churchmen into the same pit of infamy4 ,alas1 hypocrisy is of no sect or nation4 ,gentlemen1 the ,government of ,england once decreed that every clergyman1 four times in the year1 should instruct his parishioners in the ,divine right of ,kings1 and the damnable sin of resistance4#ge ,no ,higher ,law6 ,america has ministers who need no act of ,parliament to teach them to do the same2 they run before they are sent4 ,footnote #ge3 #b ,campbell1 #dfj2 #a ,rushworth1 #abje4 #f4 ,after the head of one ,stuart was shorn off and his son had returned1 no wiser nor better than his father1 the old progress of despotism began anew4 ,i pass over what would but repeat the former history1 and take two new examples to warn the nation with1 differing from the old only in form4 ,in #afgb1 ,charles ,,ii4 published a proclamation denouncing rigorous penalties against all such as should speak disrespectfully of his acts1 or hearing others thus speak should not immediately inform the magistrates6 ,nay1 in #afge1 after he had sold himself to the ,french king1 and was in receipt of an annual pension therefrom1 he had this test-oath published for all to sign3 ,i do solemnly declare that it is not lawful upon any pretence whatever to take up arms against the king1 444 and that ,i will not1 at any time to come1 endeavor the alteration of the government1 either in ,church or ,state4#gf ,footnote #gf3 ,carroll's ,counter ,revolution 7,lond4 #ahdf71 #ii1 et seq4 ,an oath yet more stringent was enforced in ,scotland with the edge of the sword1 namely1 to defend all the prerogatives of the crown1 never without the king's permission to take part in any deliberations upon ecclesiastical or civil affairs2 and never to seek any reform in ,church or ,state4 ,notwithstanding all that the ,charleses had done to break down the liberty of ,englishmen1 still the great corporate towns held out1 intrenched behind their charters1 and from that bulwark both annoyed the despot and defended the civil rights of the citizen4 ,they also must be destroyed4 ,so summons of quo warranto were served upon them1 which frightened the smaller corporations and brought down their charters4 ,jeffreys was serviceable in this wicked work1 and on his return from his ,northern ,circuit1 rich with these infamous spoils1 as a reward for destroying the liberties of his countrymen1 the king publicly presented him with a ring1 in token of acceptance of his most eminent services4 ,this fact was duly blazoned in the ,gazette1 and ,jeffreys was esteemed a mighty favorite1 which1 together with his lofty airs1 made all the charters1 like the walls of ,jericho1 fall down before him1 and he returned1 laden with surrenders1 the spoil of towns4#gg ,footnote #gg3 #h ,st4 ,tr4 #ajch1 and the quotations from ,north 7,examen47 ,sprat1 and ,roger ,coke1 in note on p4 #ajda1 et seq4 ,see1 too1 ,fox1 ,james ,,ii4 p4 #dh1 #ed1 and ,appendix1 ,barillon's ,letter of ,dec4 #gth1 #afhd4 ,london still remained the strong-hold of commerce1 of the ,protestant ,religion1 and of liberal ,ideas in domestic ,government2 for though subsequently corrupted by lust of gain1 which sought a monopoly1 the great commercial estates and families of ,england were not then on the side of ,despotism1 as now strangely happens in ,america4 ,when the king sought to ruin ,shaftesbury1--a corrupt man doubtless1 but then on the side of liberty1 the enemy of encroaching despotism1--a ,london ,grand-,jury refused to find a bill1 and was warmly applauded by the city4 ,their verdict of ,,ignoramus was a personal liberty bill for that time1 and therefore was the king's wrath exceeding hot1 for ,ignoramus was mounted in ,cathedra1 and there was a stop put to such wickedness4 ,so ,london must be brought down4 ,she refused to surrender her ,charter4 ,in #afhb the king proceeded to wrest it from her by the purchased hand of the courts of law4 ,but even they were not quite adequate to the work4 ,so ,chief ,justice ,pemberton was displaced1 and ,saunders1--a man as offensive in his personal habit of body as he was corrupt in conduct and character--was put in his office4 ,dolbin1 too just for the crime demanded of him1 was turned out1 and ,withins made to succeed him4 ,for so great a weight was there at stake as could not be trusted to men of doubtful principles1 says ,north4 ,saunders1 who had plotted this whole matter1 was struck with an apoplexy when sentence was to be given1 but sent his opinion in writing4 ,thus on the judgment given by only two judges1 who assigned no reasons for their decision1 it was declared that the ,charter of ,london was forfeit1 and the liberties and franchises of the city should be seized into the king's hands4#gh ,footnote #gh3 #b ,hallam1 #ccc2 ,burnet1 ,own ,times 7,london1 #ahch71 #cej2 #h ,st4 ,tr4 #ajci1 #ajha note1 #abfg1 et seq42 #b ,campbell1 ,justices1 #fc2 ,north's ,examen4 #fbf2 ,fox1 #ed4 ,thus fell the charter of ,london6 ,gentlemen of the ,jury1 the same sword was soon to strike at the neck of ,new ,england2 the charter of ,massachusetts could not be safe in such a time4 ,in #afhf ,james ,,ii4 wished to destroy ,protestantism1--not that he loved the ,roman form of religion1 but that tyranny which it would help him get and keep4 ,so he claimed the right by his royal prerogative to dispense with any laws of the land4 ,of the twelve ,judges of ,england eight were found on his side1 and the four unexpectedly proven faithful were at once dismissed from office and their places filled with courtiers of the king1 and the court was unanimous that the king had a constitutional right to destroy the constitution4 ,then he had not only command of the purses of his subjects and their bodies1 but also of their mind and conscience1 and could dictate the actual ,religion of the ,people as well as the official religion of the priests4#gi ,footnote #gi3 #aa ,st4 ,tr4 #aafe2 #ab ,ibid4 #ceh4 ,one ,state-secret lay at the bottom of the ,stuarts' plans1--to appoint base men for judges1 and if by accident a just man came upon the bench1 to keep him in obscurity or to hustle him from his post4 ,what names they offer us--,kelyng1 ,finch1 ,saunders1 ,wright1 ,jeffreys1 ,scroggs6#hj infamous creatures1 but admirable instruments to destroy generous men withal and devise means for the annihilation of the liberties of the people4 ,historians commonly dwell on the fields of battle1 recording the victories of humanity1 whereof the pike and gun were instruments2 but pass idly over the more important warfare which goes on in the court house1 only a few looking on1 where lawyers are the champions of mankind1 and the battle turns on a sentence2 nay1 on a word which determines the welfare of a nation for ages to come4 ,on such little hinges of law do the great gates hang1 and open or shut to let in the happiness or the ruin of millions of men6 ,naseby and ,worcester are important places truly1 venerable for great deeds4 ,cromwell and ,blake are names not likely to perish while men can appreciate the heroism which sheds blood4 ,but ,westminster ,hall has rung with more important thunder than cannon ever spoke1 and ,pym and ,selden1 ,st4 ,john and ,hampden--nay1 ,penn1 ,bunyan1 ,fox1 ,lilburne--have done great service for mankind4 ,gentlemen of the ,jury1 it is a matter of great magnitude which hinges on the small question of fact and law to-day4 ,you are to open or shut for ,humanity4 ,if the ,people make themselves sheep there will be wolves enough to eat you up4 ,footnote #hj3 ,this last name is thought to be extinct in ,great ,britain1 but ,i find one ,thomas ,scruggs in ,massachusetts in #afce et post1 #a ,mass4 ,records 7#afbh-afda71 index4 ,it is difficult to calculate the amount of evil wrought by such corrupt judges as ,i have spoken of2 they poison the fountains of society4 ,i need not speak of monsters like ,scroggs and ,jeffreys1 whose names rot in perpetual infamy1 but creatures less ignoble1 like ,wright1 ,saunders1 ,finch1 ,kelyng1 ,thurlow1 ,loughborough1 and their coadjutors1 must be regarded as far more dangerous than thieves1 murderers1 or pirates4 ,a cruel1 insolent ,judge selecting the worst customs1 the most oppressive statutes1 and decisions which outrage human nature--what an amount of evil he can inflict on groaning humanity6 99 99 99 99 99 ,gentlemen of the ,jury1 in this long sad history of judicial tyranny in ,england there is one thing particularly plain3 such judges hate freedom of speech1 they would restrict the ,press1 the ,tongue1 yes1 the ,thought of mankind4 ,especially do they hate any man who examines the actions of the government and its servile courts1 and their violation of justice and the laws4 ,they wish to take exemplary and malignant vengeance on all such4 ,let me freshen your knowledge of some examples4 #a4 ,in #adaj the government made a decree that whatsoever they were that should rede the ,scriptures in the mother tongue1 they should forfeit land1 catel1 body1 lif1 and godes from their heyres forever1 and so be condempned for heretykes to ,god1 enemies to the crowne1 and most errant traiters to the land4 ,the next year1 in one day thirty-nine persons were first hanged and then burned for this crime4#ha ,footnote #ha3 #a ,st4 ,tr4 #beb4 #b4 ,in #aeij1 ,mr4 ,udall1 a ,puritan minister1 published a book1 ,demonstrations of ,discipline1 not agreeable to the authorities4 ,he was brought to a trial for a ,felony1--not merely a misdemeanor4 ,the jury were ordered by the judge to find him guilty of that crime if they were satisfied that he published the book1--for the court were to judge whether the deed amounted to that crime6 ,he was found guilty1 and died in jail after nearly three years of cruel confinement4#hb ,footnote #hb3 #a ,st4 ,tr4 #abga2 #a ,neal's ,puritans 7,n4,y4 #ahdd71 #aij4 ,see #af ,parl4 ,hist4 #abgf1 where ,mr4 ,dunning says this is the first example of such a charge to a jury4 #c4 ,in #afai one ,williams of ,essex wrote a book explaining a passage in the book of ,daniel as foretelling the death of ,james ,i4 in #afba4 ,he inclosed the manuscript in a box1 sealed it1 and secretly conveyed it to the king4 ,for this he was tried for high treason1 and of course executed4 ,punitur ,affectus1 licet non sequatur ,effectus1 said the court1 for ,scribere est agere1 ,punish the wish though the object be not reached1 for writing is doing6#hc ,footnote #hc3 #b ,st4 ,tr4 #ajhe4 #d4 ,in #affd ,mr4 ,keach1 a ,baptist1 published a ,childs' ,instructer1 or a ,new and ,easy ,primmer1 in which he taught the doctrines of his sect1 that children ought not to be baptized but only adults2 that laymen may preach the gospel4 ,he was brought before ,lord ,chief ,justice ,hyde1 who after insulting the prisoner1 thus charged the grand-jury3--,he is a base and dangerous fellow2 and if this be suffered1 children by learning of it will become such as he is1 and therefore ,i hope you will do your duty4 ,of course such a jury indicted him4 ,the trial took place before ,judge ,scroggs2 the ,jury were at first divided in opinion4 ,but1 said the ,judge1 you must agree6 ,so they found him guilty4 ,he was fined #bj1 twice set in the pillory1 and bound to make public submission4#hd ,footnote #hd3 #g ,st4 ,tr4 #fhg4 #e4 ,in #afgi ,george ,wakeman and others were tried for high treason before ,scroggs1 whose conduct was atrocious1 and several pamphlets were published commenting on the ridiculous and absurd conduct of this functionary1 ,lord ,chief ,justice ,scroggs4 ,one ,richard ,radley in a bantering talk had bid another man ,go to ,weal ,hall1 to my ,lord ,scroggs1 for he has received money enough of ,dr4 ,wakeman6 ,radley was indicted for speaking scandalous words of ,chief ,justice ,scroggs4 ,whereupon at the opening of the court that eminent officer1 who did not disdain to wreak public and judicial vengeance on heads that wrought his private and personal grief1 made a speech setting forth his magisterial opinions on the liberty of the press4 ,doubtless this court knows original authority for the opinions they follow2 but for your instruction1 ,gentlemen of the ,jury1 ,i will give you the chief things in the judicial speech of ,scroggs1 ,lord ,chief ,justice of the ,supreme ,court of ,england in #afgi4he ,footnote #he3 #f ,st4 ,tr4 #gja2 see ,dunning in #af ,parl4 ,hist4 #abgf1 et seq4 ,for these hireling scribblers who traduce it the fairness and equality of the trial in which he had been notoriously unfair and unequal1 who write to eat1 and lie for bread1 ,i intend to meet with them another way2 for they are only safe while they can be secret2 but so are vermin1 so long as they can hide themselves4444 ,they shall know that the law wants not the power to punish a libellous and licentious press1 nor ,i a resolution to exact it4 ,and this is all the answer is fit to be given 7besides a whip7 to these hackney writers4 ,however1 in the mean time1 the extravagant boldness of men's pens and tongues is not to be endured1 but shall be severely punished2 for if once causes come to be tried with complacency to particular opinions1 and shall be innocently censured if they go otherwise1 public causes shall all receive the doom as the multitude happen to be possessed2 and at length any cause shall become public 444 at every session the ,judges shall be arraigned1 the ,jury condemned1 and the verdicts overawed to comply with popular wish and indecent shouts4 ,there are a set of men 444 that too much approve and countenance such vulgar ways1 444 that embrace all sorts of informations1 true or false1 likely or impossible1 nay though never so silly and ridiculous1 they refuse none2 so shall all addresses be made to them1 and they be looked on as the only patrons of religion and government6 ,his associates chimed in with accordant howl4 ,puny ,judge ,jones declared1-- ,we have a particular case here before us1 as a matter of scandal against a great ,judge1 the greatest ,judge in the kingdom1 in criminal causes the ,lord ,chancellor ,nottingham was greater in civil causes2 and it is a great and an high charge upon him4 ,and certainly there was never any age1 ,i think1 more licentious than this in aspersing governors1 scattering of libels and scandalous speeches against those that are in authority3 and without all doubt it doth become the court to show their zeal in suppressing it4 ,it was 'resisting an officer4' ,that trial of ,dr4 ,wakeman was managed with exact justice and perfect integrity4 ,and therefore ,i do think it very fit that this person be proceeded against by an information1 that he may be made a public example to all such as shall presume to scandalize the government1 and the governors1 with any false aspersions and accusations4 ,accordingly ,mr4 ,radley1 for that act1 was convicted of speaking scandalous words against the ,lord ,chief ,justice ,scroggs and fined #bjj4hf ,footnote #hf3 #g ,st4 ,tr4 #gja4 ,mr4 ,hudson says of the ,star-,chamber1 ,so tender the court is of upholding the honor of the sentence1 as they will punish them who speak against it with great severity4#hg ,footnote #hg3 ,in #b ,collectanea ,juridica1 #bbh4 #f4 ,in #afhj ,benjamin ,harris1 a bookseller1 sold a work called ,an ,appeal from the country to the city for the ,preservation of his ,majesty's ,person1 ,liberty1 ,property1 and the ,protestant ,religion4 ,he was brought to trial for a libel1 before ,recorder ,jeffreys and ,chief ,justice ,scroggs who instructed the jury they were only to inquire if ,harris sold the book1 and if so1 find him guilty4 ,it was for the court to determine what was a libel4 ,he was fined five hundred pounds and placed in the pillory2 the ,chief ,justice wished that he might be also whipped4#hh ,footnote #hh3 #g ,st4 ,tr4 #ibe4 #g4 ,the same year ,henry ,carr was brought to trial4 ,he published a periodical--the ,weekly ,packet of advice from ,rome1 or the ,history of ,popery--hostile to ,romanism4 ,before the case came to court1 ,scroggs prohibited the publication on his own authority4 ,mr4 ,carr was prosecuted for a libel before the same authority1 and of course found guilty4 ,the character of that court also was judgment against natural right4 ,jane ,curtis and other women were in like manner punished for speaking or publishing words against the same great judge4#hi ,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 libel6 ,it was obstructing an officer1 and of course it was a greater offence to obstruct him with ,justice and ,truth than with wrong and lies4 ,the greater the justice of the act the more dangerous the crime6 ,if the language did not hit any one person it was malice against all mankind4 ,footnote #hi3 #g ,st4 ,tr4 #aaaa1 #iei2 #d ,parl4 ,hist4 #abgd4 #h4 ,in #afhd ,sir ,samuel ,barnardiston was brought to trial charged with a ,high ,misdemeanor4 ,he had written three private letters to be sent--it was alleged--by post to his friend1 also a private man4 ,the letters do not appear designed for any further publication or use2 they related to matters of news1 the events of the day and comments thereon1 and spoke in praise of ,algernon ,sidney and ,lord ,russell who were so wickedly beheaded about the time the letters were written4 ,it would require a microscopic eye to detect any evil lurking there4 ,jeffreys presided at the trial1 and told the jury3-- ,the letters are factious1 seditious1 and malicious letters1 and as base as the worst of mankind could ever have invented4 ,and if he be guilty of it--the greater the man is the greater the crime1 and the more understanding he has1 the more malicious he seems to be2 for your little ordinary sort of people1 that are of common mean understanding1 they may be wheedled and drawn in1 and surprised into such things2 but men of a public figure and of some value in the world that have been taken to be men of the greatest interest and reputation in a party1 it cannot be thought a hidden surprise upon them2 no1 it is a work of time and thought1 it is a thing fixed in his very nature1 and it shows so much venom as would make one think the whole mass of his blood were corrupt4 ,here is the matter he is now accused of1 and here is in it malice against the king1 malice against the government1 malice against both ,church and ,state1 malice against any man that bears any share in the government1 indeed malice against all mankind that are not of the same persuasion with these bloody miscreants4 ,here is 444 the sainting of two horrid conspirators6 ,here is the ,lord ,russell sainted1 that blessed martyr2 ,lord ,russell1 that good man1 that excellent ,protestant1 he is lamented6 ,and here is ,mr4 ,sidney sainted1 what an extraordinary man he was6 ,yes1 surely he was a very good man--and it is a shame to think that such bloody miscreants should be sainted and lamented who had any hand in that horrid murder the execution of ,charles ,i4 and treason 444 who could confidently bless ,god for their being engaged in that good cause 7as they call it7 which was the rebellion which brought that blessed martyr to his death4 ,it is high time for all mankind that have any ,christianity1 or fear of ,heaven or ,hell1 to bestir themselves1 to rid the nation of such caterpillars1 such monsters of villany as those are6 ,of course the packed jury found him guilty2 he was fined #aj1jjj4ij ,footnote #ij3 #g ,st4 ,tr4 #accc4 ,gentlemen of the ,jury1 such judges1 with such kings and cabinets1 have repeatedly brought the dearest rights of mankind into imminent peril4 ,sad indeed is the condition of a nation where ,thought is not free1 where the lips are sewed together1 and the press is chained6 ,yet the evil which has ruined ,spain and made an ,asia ,minor of ,papal ,italy1 once threatened ,england4 ,nay1 ,gentlemen of the ,jury1 it required the greatest efforts of her noblest sons to vindicate for you and me the right to print1 to speak1 to think4 ,milton's ,speech for the ,liberty of unlicensed ,printing is one monument of the warfare which lasted from ,wicliffe to ,thomas ,carlyle4 ,but other monuments are the fines and imprisonment1 the exile and the beheading of men and women6 ,words are sedition1 rebellion1 treason2 nay1 even now at least in ,new ,england1 a true word is a ,misdemeanor1 it is obstructing an officer4 ,at how great cost has our modern liberty of speech been purchased6 ,answer ,john ,lilburne1 answer ,william ,prynn1 and ,selden1 and ,eliot1 and ,hampden1 and the other noble men who ----in the public breach devoted stood1 ,and for their country's cause were prodigal of blood4 ,answer ,fox and ,bunyan1 and ,penn and all the host of ,baptists1 ,puritans1 ,quakers1 martyrs1 and confessors--it is by your stripes that we are healed6 ,healed6 are we healed8 ,ask the court if it be not a misdemeanor to say so6 ,a despotic government hates implacably the freedom of the press4 ,in #afhj the ,lord ,chief ,justice of ,england declared the opinion of the twelve judges indeed all subscribe that to print or publish any news-books1 or pamphlets of news whatsoever1 is illegal2 that it is a manifest intent to the breach of the peace1 and they may be proceeded against by law for an illegal thing4 ,and that is for a public notice to all people1 and especially printers and booksellers1 that they ought to print no book or pamphlet of news whatsoever without authority2 they shall be punished if they do it without authority1 though there is nothing reflecting on the government4#ia ,judge ,scroggs was right--it was resisting an officer1 at least obstructing him in his wickedness4 ,in ,england1 says ,lord ,campbell1 the name and family of ,scroggs are both extinct4 ,so much the worse for you and me1 ,gentlemen4 ,the ,scroggses came over to ,america2 they settled in ,massachusetts1 they thrive famously in ,boston2 only the name is changed4 ,footnote #ia3 #g ,st4 ,tr4 #aabg4 ,in #agca ,sir ,philip ,yorke1 attorney-general1 solemnly declared that an editor is not to publish any thing reflecting on the character and reputation and administration of his ,majesty or his ,ministers2 if he breaks that law1 or exceeds that liberty of the press he is to be punished for it4 ,where did he get his law--in the third year of ,edward ,i41 in ,a4,d4 #abge6 ,but that statute of the ,dark ,ages was held good law in #agca2 and it seems to be thought good law in #ahee6 ,and the attorney who affirmed the atrocious principle1 soon became ,chief ,justice1 a consummate judge1 a ,peer1 ,lord ,hardwicke1 and ,lord ,chancellor6#ib ,lord ,mansfield had not a much higher opinion of the liberty of the press2 indeed1 in all libel cases1 he assumed it was exclusively the function of the judges to determine whether the words published contained malicious or seditious matter1 the jury were only to find the fact of publication4#ic ,thus the party in power with their ,loughboroughs1 their ,thurlows1 their ,jeffreys1 their ,scroggs--shall ,i add also ,american names--are the exclusive judges as to what shall be published relating to the party in power--their ,loughboroughs1 their ,thurlows1 their ,jeffreys and their ,scroggs1 or their analogous ,american names6 ,it was the free press of ,england--,elizabeth invoked it--which drove back the invincible ,armada2 this which stayed the tide of ,papal despotism2 this which dyked the tyranny of ,louis ,,xiv4 out from ,holland4 ,aye1 it was this which the ,stuarts1 with their host of attendants1 sought to break down and annihilate for ever2#id which ,thurlow and ,mansfield so formidably attacked1 and which now in ,america--but the ,american aspect of the matter must not now be looked in the face4 ,footnote #ib3 #ag ,st4 ,tr4 #fgd2 #e ,campbell1 #eg2 ,hildreth's ,despotism1 #aii4 ,footnote #ic3 #bj ,st4 ,tr4 #ijj4 ,but see #bh ,st4 ,tr4 #eie1 and #af ,parl4 ,hist4 #abaa4 ,footnote #id3 ,for the frequency of trials for words spoken in ,charles ,,ii4's reign of terror1 see the extracts from ,narcissus ,luttrel's ,brief ,historical ,relation1 #aj ,st4 ,tr4 #abe4 99 99 99 99 99 ,but spite of all these impediments in the way of liberty1 the voice of humanity could not be forever silenced4 ,now and then a virtuous and high-minded judge appeared in office--like ,hale or ,holt1 ,camden or ,erskine4 ,even in the worst times there were noble men who lifted up their voices4 ,let me select two examples from men not famous1 but whose names1 borne by other persons1 are still familiar to this court4 ,in #afbg ,sir ,robert ,phillips1 member for ,somersetshire1 in his place in ,parliament1 thus spoke against the advance of despotism3#ie-- ,footnote #ie3 #a ,rushworth1 #ejb4 ,i read of a custom among the old ,romans1 that once every year they had a solemn feast for their slaves2 at which they had liberty1 without exception1 to speak what they would1 thereby to ease their afflicted minds2 which being finished1 they severally returned to their former servitude4 ,this may1 with some resemblance and distinction1 well set forth our present state2 where now1 after the revolution of some time1 and grievous sufferance of many violent oppressions1 we have1 as those slaves had1 a day of liberty of speech2 but shall not1 ,i trust1 be hereafter slaves1 for we are free3 yet what new illegal proceedings our estates and persons have suffered under1 my heart yearns to think1 my tongue falters to utter4 ,they have been well represented by divers worthy gentlemen before me2 yet one grievance1 and the main one1 as ,i conceive1 hath not been touched1 which is our ,religion3 religion1 ,mr4 ,speaker1 made vendible by commission1 and men1 for pecuniary annual rates1 dispensed withal2 ,judgments of law against our liberty there have been three2 each latter stepping forwarder than the former1 upon the ,rights of the ,subject2 aiming1 in the end1 to tread and trample underfoot our law1 and that even in the form of law4 ,the first was the ,judgment of the ,postnati1 7the ,scots17 444 ,the second was the ,judgment upon ,impositions1 in the ,exchequer ,court by the barons2 which hath been the source and fountain of many bitter waters of affliction unto our merchants4 ,the third was that fatal late ,judgment against the ,liberty of the ,subject imprisoned by the king1 argued and pronounced but by one judge alone4 ,i can live1 although another who has no right be put to live with me2 nay1 ,i can live although ,i pay excises and impositions more than ,i do2 but to have my liberty1 which is the soul of my life1 taken from me by power2 and to have my body pent up in a gaol1 without remedy by law1 and to be so adjudged3 ,o improvident ancestors6 ,o unwise forefathers6 ,to be so curious in providing for the quiet possession of our lands1 and the liberties of ,parliament2 and to neglect our persons and bodies1 and to let them lie in prison1 and that durante bene placito1 remediless6 ,if this be law1 why do we talk of liberties8 ,why do we trouble ourselves with a dispute about law1 franchises1 property of goods1 and the like8 ,what may any man call his own1 if not the ,liberty of his ,person8 ,i am weary of treading these ways4#if ,footnote #if3 #b ,parl4 ,hist4 #bcb4 ,see also #dda1 #dga4 ,he had been thrown into the ,tower by ,james in #afbd4 ,cabbala 7#c;d ,ed471 #caa4 ,in #afda ,sir ,philip ,parker1 ,knight of the ,shire for ,suffolk1 in his place in ,parliament1 thus spoke3-- ,the cries of the people have come up to me2 the voice of the whole nation tingles in my ears4 ',tis true1 ,i confess1 we have tormented ourselves with daily troubles and vexations1 and have been very solicitous for the welfare of the ,commonwealth2 but what have we performed1 what have we perfected8 ,mr4 ,speaker1 excuse my zeal in this case2 for my mouth cannot imprison what my mind intends to let out2 neither can my tongue conceal what my heart desires to promulge4 ,behold the ,archbishop ,laud1 that great incendiary of this kingdom1 lies now like a firebrand raked up in the embers2 but if ever he chance to blaze again ,i am afraid that what heretofore he had but in a spark1 he will burn down to the ground in a full flame4 ,wherefore let us begin1 for the kingdom is pregnant with expectation on this point4 ,i confess there are many more delinquents1 for the judges and other knights walk in querpo2 but they are only thunderbolts forged in ,canterbury's fire4#ig ,footnote #ig3 ,parl4 ,hist4 #hfg4 ,six of the wicked judges were soon brought to trial4#ih ,footnote #ih3 #a ,rushworth1 #ejb4 99 99 99 99 99 ,this same threefold experiment of despotism which was attempted in ,england1 was tried also in ,america by the same tyrannical hand4 ,here1 also1 the encroaching power put creatures of its arbitrary will in judicial offices2 they then by perverting the laws1 punished the patriots1 and next proceeded to destroy the best institutions of the land itself4 ,here ,i shall take but a few examples1 selected from the colonial history of our own ,new ,england4 ,after capturing the great fortress of freedom at home1 by taking away the charter of ,london1 ,charles proceeded to destroy the freedom of the colonies2 the ,charter of ,massachusetts was wrested from us on a quo warranto in #afhc1ii and the colony lay at the feet of the monarch4 ,in privy council it had already been determined that our rights should be swept into the hands of some greedy official from the court4#ajj ,in #afhf ,james ,,ii4 sent ,sir ,edmund ,andros to ,new ,england as a ,commissioner to destroy the liberty of the people4 ,he came to ,boston in the ,kingfisher1 a fifty gun ship1 and brought two companies of ,british soldiers1 the first ever stationed in this town to dragoon the people into submission to an unrighteous law4 ,edward ,randolph1 the most determined enemy of the colony1 greedily caressing the despotic hands that fed him1 was his chief coadjutor and assistant1 his secretary1 in that wicked work4 ,andros was authorized to appoint his own council1 and with their consent enact laws1 levy taxes1 to organize and command the militia4 ,he was to enforce the hateful ,acts of ,trade4 ,he appointed a council to suit the purpose of his royal master1 to whom no opposition was allowed4 ,dudley1 the new ,chief ,justice1 told the people who appealed to ,magna ,charta1 they must not think the privileges of ,englishmen would follow them to the end of the world4 ,episcopacy was introduced2 no marriages were to be allowed lawful but such as were made by the minister of the ,church of ,england4 ,accordingly1 all must come to ,boston to be married1 for there was no ,episcopal minister out of its limits4 ,it was proposed that the ,puritan ,churches should pay the ,episcopal salary1 and the ,congregational worship be prohibited4 ,he threatened to punish any man who gave two pence toward the support of a ,non-conformist minister4 ,all fees to officers of the new government were made exorbitantly great4 ,only one ,probate office was allowed in the ,province1 that was in ,boston2 and one of the creatures of despotic power was1 prophetically1 put in it4 ,andros altered the old form of oaths1 and made the process of the courts to suit himself4 ,footnote #ii3 ,see the steps of the process in #a ,hutchinson1 7,salem1 #agie17 #big2 #h ,st4 ,tr4 #ajfh1 note4 ,footnote #ajj3 ,barillon to ,louis ,,xiv4 in ,fox's ,appendix1 p4 vii41 et seq4 ,in #afhe ,halifax1 who had been friendly to the rights of the colonies1 was dismissed from his office2 ,sunderland1 their enemy1 had a pension from ,louis ,,xiv4 of #e1jjj or #f1jjj a year2 p4 cxxvii41 cxxx4 et seq41 cxliii41 cxlviii4 ,not the last instance of a high functionary pensioned by a foreign hand6 ,he sought to wrest the charters from the ,colonies2 that of ,rhode ,island fell into his hands2 ,connecticut escaped by a miracle3 ,the ,charter-,oak--it was the tree ,that saved our sacred ,liberty4 ,the ,charter government of ,plymouth was suspended4 ,massachusetts was put under arbitrary despotism4 ,towns were forbidden to meet1 except for the choice of officers2 there must be no deliberation2 discussion must be suppressed4 ,he was to levy all the taxes2 he assessed a penny in the pound in all the towns4 ,rev4 ,john ,wise1 one of the ministers of ,ipswich1 advised the people to resist the tax4 ,democracy1 said he1 is ,christ's government in ,church and ,state2 we have a good ,god and a good king2 we shall do well to stand to our privileges4 ,one of the ,council said1 ,you have no privileges left you1 but not to be sold as slaves4 ,even that was not likely to last long4 ,the town of ,ipswich refused to pay the tax1 because invalid2 the governor having no authority to tax the people3 they will petition the ,king for liberty of an assembly before they make any rates4 ,the minister and five others were arrested2 they had obstructed an officer4 ,the ,rev4 ,mr4 ,wise was guiltiest of all2 he did it with a word1 an idea4 ,they were brought to ,boston1 and thrown into jail1 for contempt and high misdemeanors4 ,they claimed the habeas corpus2 ,chief ,justice ,dudley refused it1 on the ground that it did not extend to ,america6 ,they were tried before a packed jury1 and such a court as ,james ,,ii4 was delighted to honor4 ,the patriots plead the laws of ,england and ,magna ,charta4 ,it was all in vain4 ,i am glad1 said the judge to his packed jury1 there be so many worthy gentlemen of the jury1 so capable to do the king service2 and we expect a good verdict from you1 seeing the matter hath been so sufficiently proved against the criminals4 ,the jury of course found them guilty4 ,they were fined from #ae to #ej a piece4 ,the whole cost to the six was over #djj4 ,it is not for his majesty's interest that you should thrive1 said one of those petty tyrants1--a tide-water of despotism4#aja ,footnote #aja3 #a ,hutch4 #caf2 #b ,hildreth1 ,hist4 #ajh2 #b ,bancroft1 #dbe2 ,washburn1 ,judicial ,hist4 of ,mass4 #aje2 ,drake's ,boston1 ch4 ,l4 ,andros denied the colonial title to lands1 claiming that as the charter was declared void1 all the lands held under its authority escheated to the crown1--,the calf died in the cow's belly4 ,a deed of purchase from the ,indians was worth no more than the scratch of a bear's paw4 ,the men of ,massachusetts did much quote ,lord ,coke for their titles3 but ,rev4 ,john ,higginson1 minister of the first church in ,salem1 the son of the first minister ever ordained in ,new ,england1--and ancestor of this noble-hearted man ,rev4 ,t4,w4 ,higginson who is now also indicted for a misdemeanor1--found other laws for their claim1 and insisted on the citizens' just and natural right to the lands they had reclaimed from the wilderness4#ajb ,andros said1 ,you are either subjects1 or else you are rebels2 and in either case1 their lands would be forfeit4 ,footnote #ajb3 #a ,felt's ,salem1 #bd2 #b ,ib4 #edb2 ,felt's ,ipswich1 #abc1 et seq42 ,gage's ,rowley1 #aeg1 et seq42 ,sullivan's ,land ,titles1 #ed4 ,andros hated freedom of speech and of thought4 ,he was to allow no unlicensed printing4 ,randolph was appointed censor of the press1 and ordered the printer to publish nothing without his approbation1 nor any almanac whatever4 ,there must be but one town meeting in a year1 and no deliberation at that2 no agitation1 no discussion of grievances4 ,there must be no preaching on the acts of the government4 ,rev4 ,dr4 ,increase ,mather1 one of the ablest men in the ,colonies1 was the special object of his hate4 ,randolph advised the authorities to forbid any non-conformist minister to land in ,new ,england without the special consent of the governor1 and that he should restrain such as he saw fit to silence4 ,the advice was not lost on such willing ears4 ,john ,gold1 of ,topsfield1 was tried for treasonable words1 and fined fifty pounds--a great deal more at ,topsfield in #afhg1 than three hundred dollars is now in ,boston4 ,rev4 ,increase ,mather had opposed the surrender of the ,charter of ,massachusetts1 and published his reasons2 but with such prudence1 for he was careful how he evinced an express liking for justice1 that it was difficult to take hold of him4 ,so the friends of government forged a letter with his name1 to a person in ,amsterdam4 ,randolph showed the letter to persons whom he wished to prejudice against the alleged writer4 ,when ,mr4 ,mather learned the facts1 he wrote a letter to a friend1 clearing himself1 and charging the forgery on ,randolph or his brother4 ,randolph brought his action for a libel1 claiming #ejj damages4 ,but it came to nothing--then4 ,now times are changed6 ,col4 ,pynchon1 of ,springfield1 one of the officers in this new state of things1 was empowered to bind over all persons suspected of riots1 outrageous or abusive reflecting words and speeches against the government4 ,the spirit of justice was banished from the courts that bore the name4#ajc ,footnote #ajc3 ,hutch4 #cbg2 ,washburn1 ibid4 ,but notwithstanding the attempt to stifle speech1 a great tall minister at ,rowley1 called ,andros a wicked man6 ,for that offence he was seized and put in prison6 ,he1 also1 like ,higginson1 is represented in this court by one of his own name2 and the same inextinguishable religious fire which burned in the bosom of ,robert in ,old ,england1 and from ,samuel in ,new ,england flashed into the commissioned face of ,andros1 now lightens at this bench from the eyes of ,,wendell ,,phillips1 who confers new glory on his much-honored ancestor4 99 99 99 99 99 ,gentlemen of the ,jury1 you know how this wickedness was brought to an end4 ,if the courts would not decree ,justice1 there was a rougher way of reaching it1 and having it done4 ,civil war1 revolution by violence1 came in place of the simple forms of equity1 which the judges had set at nought4 ,william of ,orange1 a most valiant son-in-law1 drove the foul tyrant of ,old ,england from that ,island1 where the ,stuarts have ever since been only ,pretenders2 and on the #aith of ,april1 #afhi1 the people of ,massachusetts had the tyrant of ,new ,england put solemnly in jail6 ,we were rid of that functionary for ever1 and all such commissioners have been held odious in ,new ,england ever since the days of ,andros4 ,eighty-six years later came another #aith of ,april1 also famous4 ,well said ,secretary ,randolph1 ,andros has to do with a perverse people1--they would not bow to such tyranny in #afhi4 ,but he afterwards became a quite acceptable governor in ,virginia1--where1 ,i doubt not1 he has descendants in ,african bondage at this day4 ,catholic ,james ,,ii4 sought to establish arbitrary power in ,america1 as in ,england1 by his prerogative--the ,omnipotence of the ,king2 he failed2 the high-handed despotism of the ,stuarts went to the ground4 ,the next attempt at the same thing was by the legislature--the ,omnipotence of ,parliament--for a several-headed despotism took the place of the old1 and ruled at home with milder sway4 ,it tried its hand in ,america2 there were no more requisitions from a king hostile to the ,colonies1 but acts of ,parliament took their place4 ,after the ,french power in ,north ,america had given way1 the ,british government sought to tame down and break in the sturdy son1 who had grown up in the woods so big and rough1 as obstinate as his father4 ,here are three measures of subjugation1 all flowing from the same fountain of ,principle--vicarious government by a feudal superior4 #a4 ,all the chief colonial officers were to be appointed by the king1 to hold office during his pleasure1 to receive their pay from him4 ,such was the tenure of the executive officers who had a veto on all colonial legislation1 and of the judicial officers4 ,thus the power of making and administering the laws fell from the people distributed everywhere1 into the hands of the distant government centralized in the ,king4 #b4 ,a standing army of ,british soldiers must be kept in the ,colonies to overawe the people1 and enforce the laws thus made and administered4 #c4 ,a revenue was to be raised from the ,colonies themselves--from which the ,king would pay his officers and provide for his army that enforced his laws4 ,the eagle is to feather the arrow which shoots him in mid heaven4 ,thus law was a threefold cord wherewith to bind the strong ,puritan4 ,but his eyes were not put out--not then4 ,blindness came at a later day--when he had laid his head in the lap of a not attractive ,delilah4 ,with such judges and governors1 backed by a standing army of hirelings--how soon would her liberty go down1 and the ,anglo-,american ,states resemble ,spanish ,america6 ,in #agfj ,francis ,bernard was made governor of ,massachusetts1 and thus officially put at the head of the ,judiciary1 a man wholly devoted to the ,crown1 expecting to be made a baronet6 ,he did not wish an annual election of councillors1 but wanted the sovereign power to enforce its decrees by violent measures4 ,thus ,thomas ,hutchinson was made ,chief ,justice in #agfj1 and afterwards ,lieutenant-,governor1--continually hostile to the constitution of his native land4 ,thus ,andrew ,oliver--,governor ,oliver1 hungry for office and power1 was appointed ,secretary1 ,commissioner of ,stamps and ,lieutenant-,governor2 and ,peter ,oliver--,judge ,oliver--though not bred a lawyer1 was made ,chief ,justice1 the man who refused to receive his salary from the treasury of ,massachusetts1 preferring the money of the crown which owned him4 ,in the revolutionary times of the five ,judges of ,massachusetts four were ,tories6 ,accordingly1 when the ,stamp ,act was passed--#bb;d ,march1 #agfe--there were ,judicial officers in the ,colonies ready to declare it constitutional2 executive magistrates ready to carry out any measures intrusted to them4 ,i will cram the stamps down their throat with the end of my sword1 said an officer at ,new ,york4 ,governor ,bernard wanted soldiers sent to ,boston to enforce submission2 so did ,hutchinson and ,governor ,oliver4 ,the ,governor of ,new ,york thought1 if ,judges be sent from ,england1 with an able attorney-general and solicitor-general to make examples of some very few1 the ,colony will remain quiet4#ajd ,footnote #ajd3 #e ,bancroft1 #ceh4 ,in #agfh ,john ,hancock was arrested at ,boston--for a misdemeanor2 ,i suppose1 obstructing an officer1 or some such offence4#aje ,the government long sought to procure indictments against ,james ,otis--who was so busy in fencing out despotism--,samuel ,adams1 and several other leading friends of the colony4 ,but ,i suppose the judge did not succeed in getting his brother-in-law put on the grand-jury1 and so the scheme fell through4 ,no indictment for that misdemeanor then4 ,boston had the right men to do any thing for the crown1 but they did not contrive to get upon the grand-jury4 ,footnote #aje3 #f ,bancroft1 #bac4 ,the ,king1 it was ,george ,,iii41 in his parliament1 spoke of the ,patriots of ,boston1 as those turbulent and seditious persons4 ,in the ,house of ,commons1 ,stanley called ,boston an insolent town2 its inhabitants must be treated as aliens2 its charter and laws must be so changed as to give the ,king the appointment of the ,council1 and to the sheriffs the sole power of returning jurors2 then the ,stamp ,act could be carried out1 and a revenue raised without the consent of the people4 ,the plan was admirably laid2 an excellent counsel6 ,suppose1 as a pure conjecture1 an hypothesis of illustration--that there were in ,boston a fugitive slave bill court1 eager to kidnap men and so gain further advancement from the slave power1 which alone distributes the federal offices2 suppose the court should appoint its creatures1 relatives1 nay1 its uterine brother--its brother in birth--as fugitive slave bill commissioners to hunt men2 and then should get its matrimonial brother--its brother-in-law--on the grand-jury to indict all who resisted the fugitive slave bill6 ,you see1 gentlemen1 what an admirable opportunity there would be to accomplish most manifold and atrocious wickedness4 ,this supposed case exactly describes what was contemplated by the ,british authorities in the last century6 ,only1 ,gentlemen1 it was so unlucky as not to succeed2 nay1 ,gentlemen1 as to fail--then6 ,such accidents will happen in the best of histories6 ,it was moved in ,parliament to address the king to bring to condign punishment such men as ,otis and ,adams and ,hancock4 ,chief ,justice ,hutchinson declared ,samuel ,adams the greatest incendiary in the king's dominions4 ,hutchinson was right for once4 ,samuel ,adams lit a fire which will burn on ,boston ,common on the ,fourth day of next ,july1 ,gentlemen1 and on many other commons besides ,boston4 ,aye1 in the heart of many million men--and keep on burning long after ,hutchinson ceases to be remembered with hate1 and ,adams with love4 ,the greatest incendiary6 so he was4 ,hutchinson also thought there must be an ,abridgment of what are called ,english ,liberties1 doubtless the liberty of speaking in ,faneuil ,hall1 and other meeting-houses was one of what are called ,english ,liberties that needed speedy abridgment4 ,he wished the law of treason to be extended so that it might catch all the patriots of ,boston by the neck4 ,he thought it treasonable to deny the authority of ,parliament4#ajf ,men suspected of misdemeanors were to be sent to ,england for trial6 ,what a trial it would have been--,hancock and ,adams in ,westminster ,hall with a jury packed by the government2 ,thurlow acting as ,attorney-,general1 and another ,thurlow growling on the bench and expecting further office as pay for fresh injustice6 ,truly there would have been an abridgment of ,english ,liberties4 ,gentlemen of the ,jury1 ,mr4 ,phillips and ,mr4 ,higginson in this case are charged with obstructing an officer4 ,suppose they were sent to ,south ,carolina to be tried by a jury of ,slaveholders1 or still worse1 without change of place1 to be tried by a court deadly hostile to freedom1--wresting law and perverting justice and enlarging testimony1 personally inimical to these gentlemen2 suppose that the ,slave-hunter whose process was alleged to be resisted1 was kinsman to the court1 and the judge had a near relation put on the jury--what opportunity would there be for justice2 what expectation of it8 ,gentlemen of the ,jury1 that is the state of things which the despots of ,england wanted to bring about by sending ,hancock and ,adams over seas for trial6 ,bernard1 ,oliver1 and ,hutchinson were busy in getting evidence against the ,patriots of ,new ,england1 especially against ,adams4 ,affidavits were sent out to ,england to prove that he was a fit subject to be transported for trial there4 ,and an old statute was found from the enlightened reign of ,henry ,,viii4 authorizing that mode of trial in case of such misdemeanor4 ,commissary ,chew wished that two thirds of the lawyers and printers were shipped off to ,africa for at least seven years4 ,edes and ,gill1 patriotic printers in ,boston1 and all the authors of numberless treasonable and seditious writings1 were to go with them4#ajg ,they were all guilty1 very guilty6 ,gentlemen of the ,jury1 they committed misdemeanors1 they obstructed officers1 they resisted the process of despotism6 ,but alas-- ,the ,dog it was that died4 ,footnote #ajf3 #f ,bancroft1 #bej1 #bea1 #bia2 ,sabine's ,loyalists1 #bjg1 et al4 ,footnote #ajg3 #f ,bancroft1 #bej1 #bea1 #bia2 ,sabine's ,loyalists1 #bjg1 et al4 ,edes and ,gill never saw ,africa2 the patriotic lawyers and printers made no reluctant voyage to ,england4 ,the ,dog it was that died4 ,bernard1 ,hutchinson1 ,oliver1 and their coadjutors went over the seas for punishment after being tried at home by a ,law older than the statute of ,henry ,,viii42 a law not yet repealed1 ,gentlemen1 the ,higher ,law which ,god wrote ineffaceably in the hearts of mankind2 and indignant ,america pronounced sentence--,tories1 ,traitors6 ,commissary ,chew learned a lesson at ,saratoga in #aggg4 ,and the ,franklins1 the ,mayhews1 the ,hancocks1 the ,adamses1 they also were tried at home1 and not found wanting2 and the verdict6 ,gentlemen of the ,jury1 you know what verdict ,america has pronounced on these men and their kinsfolk6 ,there is only one spot in the ,united ,states where the ,hutchinsons1 the ,olivers1 the ,bernards are honored1--that is where the ,adamses1 the ,hancocks1 the ,mayhews1 and the ,franklins1 with the principles of justice they gave their lives to1 are held in contempt6 ,where is the one spot1 that speck of foreign dirt in the clean ,american garden8 ,it is where the ,democratic ,herod and the ,whig ,pilate are made friends that they may crucify the ,son of ,man1 the ,desire of all nations1 the ,spirit of ,humanity--it is the court of the ,fugitive ,slave ,bill judges1 the ,gabbatha of the ,kidnappers4 ,look there6 ,in #agfe it was too late to conquer ,america4 ,what ,andros and ,randolph could accomplish in #afhf with their sixty soldiers1 could not be done in #agfh with all the red coats ,britain could send out3 nor in #aggh with all the ,hessians she could purchase4 ,the #aith of ,april1 #afhi1 foretold another #aith of ,april--as that many to-morrows after to-day6 ,in the ,house of ,lords ,camden and ,pitt thought ,parliament not omnipotent4#ajh ,samuel ,adams declared ,acts of ,parliament against natural equity are void2 prayed that ,boston might become a ,christian ,sparta1 and looked to the ,law of an ,omnipotence somewhat higher than a king or a court4 ,he not only had ,justice1 but also the ,people on his side4 ,what came of that last attempt of the last king of ,new ,england to establish a despotism here8 ,the same1 ,gentlemen1 which will ultimately come of all such attempts4 ,footnote #ajh3 #af ,parl4 ,hist4 #afh1 #aie1 #feh4 99 99 99 99 99 ,gentlemen of the ,jury1 there is one great obstacle which despotism has found in ,anglo-,saxon lands1 steadily opposing its steady attempts to destroy the liberties of the ,people4 ,it is easy for the controlling power1 which represents the ,centripetal ,tendency of the ,nation1 to place its corrupt and servile creatures in judicial offices1 vested with power to fine1 to imprison1 and to kill2 it is then easy for them to determine on the destruction of all such friends of ,justice and ,humanity as represent the ,centrifugal ,tendency of the ,nation2 and with such judicial instruments it is not difficult to wrest and pervert law in order to crush the ,patriots1 and construct a word into ,treason1 or evincing express approbation into a ,misdemeanor1 resisting an officer4 ,and if the final decision rested with such a court1 it would be exceeding easy to make way with any man whom the judge's private malignity or the public vengeance of his master1 wished to smite and kill4 ,but in the ,anglo-,saxon people there is one institution1 old1 venerable1 and well-beloved1 which has stood for two thousand years1 the great ,fortress of ,freedom4 ,thank ,god1 ,gentlemen1 it still stands4 ,neither ,british ,kings nor ,american ,slave-drivers have yet brought it to the ground4 ,of this ,i must now say a word4 ,,iii4 ,,of ,,the ,,great ,,safeguard ,,which ,,has ,,been ,,found ,,serviceable ,,in ,,protecting ,,democratic ,,institutions ,,and ,,the ,,rights ,,of ,,man ,,they ,,are ,,designed ,,to ,,defend4--,,of ,,the ,,trial ,,by ,,jury4 ,this is an invaluable protection against two classes of foes to the welfare of mankind4 #a4 ,against such as would commit offences upon the property or persons of men1 without law and contrary to the form of law1--against common criminals of all denominations4 ,against such it is a sword--to resist and punish4 #b4 ,against such as would commit offences upon the property or persons of men1 with the form of law and by means of its machinery1--against unjust legislators1 corrupt ,judges1 and wicked magistrates2 against such it is a shield defending the public head4 ,in all the ,states of ,anglo-,saxon origin there are two great popular institutions--,democratic ,legislation and ,democratic ,administration of ,law4 ,in the process of its historical development the first has come to the representative form of democratic legislation1--popular law-making by a body of sworn delegates met in an ,assembly1 local or federal1 subject to a constitution1 written or only traditional1 which is the ,people's ,power of ,attorney1 authorizing them to do certain matters and things pertinent to law-making4 ,these are a ,jury of general ,law-makers4 ,in its process of historical development1 the second has also come to a representative form1 that of democratic application of law1 popular law-applying1 by a body of sworn delegates1 that is a ,court1 subject to a constitution and laws1 written or only traditional1 which are the ,people's ,power of ,attorney authorizing them to do certain matters and things pertinent to law-applying4 ,these are a ,jury of special ,law-appliers4 ,neither of them as yet has reached its perfect and ultimate form2 both are still in a state of transition4 ,these two are the most valuable institutional safeguards against unorganized selfishness in the community1--against thieves1 robbers1 murderers1 traitors1 and the like2 against the organized selfishness which gets into places of delegated power1 and would misuse the ,form of law so as to prevent the ,people from attaining the ,purpose of law4 ,there is also a body of men intermediate between the two1--the ,law-,explainers1 the ,judges4 ,speaking theoretically they are not ultimately either ,law-makers or ,law-appliers1 yet practically1 in their legitimate function1 they certainly have much to do with both the making and applying of laws4 ,for it is their business1 not only to preside at all trials1 and determine many subordinate questions of mere form to expedite the process1 but also from the whole mass of laws1 oral or written1 statutes and customs1 to select such particular laws as they think require special attention1--this is like the work of law-makers2 and also1 in their charges to the grand and petty ,juries1 to suggest the execution thereof in such cases as the times may bring1--this like the work of the law-appliers4 ,the good judge continually modifies the laws of his country to the advantage of mankind4 ,he leaves bad statutes1 which aim at or would promote injustice1 to sleep till themselves become obsolete1 or parries their insidious thrusts at humanity2 he selects good statutes which enact natural ,justice into positive law2 and mixes his own fresh instincts of humanity with the traditional institutions of the age4 ,all this his official function requires of him--for his oath to keep and administer the laws binds him to look to the ,purpose of ,law--which is the ,eternal ,justice of ,god1--as well as to each special statute4 ,besides1 after the ,jury declares a man guilty1 the ,judge has the power to fix the quantity and sometimes the quality of his punishment4 ,and the discretion of a great noble man will advance humanity4 ,in this way a good ,judge may do a great service to mankind1 and correct the mistakes1 or repel the injustice of the ultimate makers and appliers of law1 and supply their defects4 ,thus in ,england those eminent ,judges1 ,hale1 ,somers1 ,hobart1 ,holt1 ,camden1 ,mansfield1 and ,brougham1 have done large service to mankind4 ,each had his personal and official faults1 some of them great and glaring faults of both kinds1 but each in his way helped enact natural ,justice into positive law1 and so to promote the only legitimate ,purpose of human legislation1 securing ,natural ,rights to all men4 ,to such ,judges mankind owes a quite considerable debt4 ,but in ,america the ,judge has an additional function2 he is to determine the ,constitutionality of a law4 ,for while the ,british ,king and ,parliament claim to be legislatively omnipotent1 supreme1 the ,ultimate human source of law1 the ,living ,constitution of the realm1 and therefore themselves the only ,norm of law1--howsoever ill-founded the claim may be1--in ,america it is the ,people1 not their elected servants1 who are the ,ultimate human source of law1 the ,supreme ,legislative power4 ,accordingly the ,people have prepared a written ,constitution1 a ,power of ,attorney authorizing their servants to do certain matters and things relating to the government of the nation4 ,this constitution is the human ,norm of law for all the servants of the people4 ,so in administering law the ,judge is to ask1 ,is the statute constitutional8 does it square with the ,norm of law which the ,people have laid down2 or have the legislative servants exceeded their ,power of ,attorney1 and done matters and things which they were not empowered to do8 ,in deciding this question1 the ,judge is to consider not merely the ,provisional ,means which the ,constitution designates1 but also the ,ultimate ,purpose thereof1 the ,justice and ,liberty which1 as its preamble declares1 it expressly aims at1 and which are also the ideal ,end of all sound legislation4 ,there is no country in the world where a great man has so noble a place and opportunity to serve mankind as in ,america4 ,but a wicked ,judge1 ,gentlemen1 may do great harm to mankind1 as ,i have already most abundantly shown4 ,for we have inherited a great mass of laws1--customary or statutory2 the legislature repeals1 modifies1 or adds to them2 the ,judge is to expound them1 and suggest their application to each special case4 ,the ,jury is to apply or refuse to apply the ,judge's law4 ,in all old countries1 some of these laws have come from a barbarous1 perhaps even from a savage period2 some are the work of tyrants who wrought cruelly for their own advantage1 not justly1 or for the good of mankind2 some have been made in haste and heat1 the legislature intending to do an unjust thing4 ,now an unjust ,judge has great power to select wicked statutes1 customs1 or decisions2 and in no country has he more power for evil than in the federal courts of the ,united ,states4 ,for as in ,england1 when the ,king-power makes a wicked law1 the ,judge1 who is himself made by that same power1 may declare it just1 and execute the heinous thing2 so in ,america1 when the ,slave power enacts a wicked statute1 contrary to the purpose of the constitution and to the natural justice of ,god1 the ,judge1 who is the creature of that same power1 may declare it constitutional and binding on all the ,people who made the constitution as their ,power of ,attorney4 ,thus all the value of the constitution to check despotism is destroyed1 and the ,fortress of ,freedom is betrayed into the hands of the enemies of liberty6 ,but barbarous laws must not be applied in a civilized age2 nor unjust laws enforced by righteous men4 ,while left unrepealed1 a fair and conscientious ,jury will never do injustice1 though a particular statute or custom demand it1 and a wicked ,judge insist upon the wrong2 for they feel the moral instinct of human nature1 and look not merely to the letter of a particular enactment1 but also to the spirit and general purpose of law itself1 which is justice between man and man4 ,the wicked ,judge1 looking only to the power which raised him to his place1 and may lift him higher still1--not to that other ,hand which is over all1--or consulting his own meanness of nature1 selects the wicked laws1 and makes a wicked application thereof4 ,thus in ,america1 under plea of serving the people1 he can work most hideous wrong4 ,besides1 the ,judges are lawyers1 with the technical training of lawyers1 with the disposition of character which comes from their special training and profession1 and which marks the manners1 the language and looks of a lawyer4 ,they have the excellence of the lawyer1 and also his defects4 ,commonly they are learned in their profession1 acute and sharp1 circumspect1 cautious1 skilful in making nice technical distinctions1 and strongly disposed to adhere to historical precedents on the side of arbitrary power1 rather than to obey the instinctive promptings of the moral sense in their own consciousness4 ,nay1 it seems sometimes as if the moral sense became extinct1 and the legal letter took the place of the spirit of ,justice which gives life to the ,people4 ,so they look to the special statute1 its technical expositions and applications1 but not to ,justice1 the ultimate ,purpose of human law2 they preserve the means and miss the end1 put up the bars in the nicest fashion1 and let the cattle perish in their pen4 ,like the nurse in the fable1 they pour out the baby1 and carefully cherish the wooden bath-tub6 ,the ,letter of the statute is the ,idol of the ,judicial ,den1 whereunto the worshipper offers sacrifices of human blood4 ,the late ,chief ,justice ,parker1 one of the most humane and estimable men1 told the ,jury they had nothing to do with the harshness of the statute6 but must execute a law1 however cruel and unjust1 because somebody had made it a law6 ,how often ,juries refuse to obey the statute and by its means to do a manifest injustice2 but how rarely does a ,judge turn off from the wickedness of the statute to do ,justice1 the great ,purpose of human law and human life6 ,gentlemen1 ,i once knew a democratic judge--a man with a noble mind1 and a woman's nicer sense of right--who told the ,jury1 ,such is the law1 such the decisions2 such would be its application to this particular case4 ,but it is unjust2--it would do a manifest and outrageous wrong if thus applied4 ,you as ,jurors are to do ,justice by the law1 not injustice4 ,you will bring in a verdict according to your conscience4 ,they did so4 ,gentlemen1 ,i should not dare tell you that ,judge's name4 ,it would greatly injure his reputation4 ,god knows it--for there is a ,higher ,law4 ,when the ,new ,york ,convention assembled in #ahdf to revise the constitution of that ,state1 some powerful men therein felt the evil of having the ,court of last ,appeal consist wholly of lawyers4 ,mr4 ,ruggles thought the judges who rexamine the decisions and pronounce the final judgment in disputed cases1 and determine the constitutionality of laws1 should be men who are brought into direct contact with the people and their business4 ,he wished that of the eight judges of this appellate ,court1 four should be ,justices of the ,supreme ,court1 and four more should be elected by the people on a general ballot1 thus securing a popular element in that highest ,court4 ,by this popular element1 representing the instinctive ,justice of ,humanity1 he hoped to correct that evil tendency of professional men which leads them away from the just conclusions of natural reason into the track of technical rules inapplicable to the circumstances of the case1 and at variance with the nature and principles of our social and political institutions4#aji ,such judges1 said another lawyer1 would retain more of the great general principles of moral justice1 444 the impulses of natural equity1 such as 444 would knock off the rough corners of the common law and loosen the fetters of artificial and technical equity4#aaj ,footnote #aji3 ,debates in ,new ,york ,convention1 #cga1 et al4 ,footnote #aaj3 ,jordan's ,speech1 ibid41 #ddg1 et al4 ,see also ,mr4 ,stow's ,remarks1 #dgc1 and ,mr4 ,stephens'1 #dgd1 et al4 ,yet all these four speakers were lawyers4 ,commonly in ,america1 as in ,england1 for judges the ,federal ,government appoints lawyers who have done some party service1 or are willing to execute the designs of the great ruling ,power1 the ,slaveholders1 regardless alike of the interests of the ,people and the protestations of the ,conscience of ,mankind4#aaa ,you know how ,hardwicke and ,thurlow got their office in ,england1 how they filled it1 and what additional recompense followed each added wickedness4 ,need ,i mention the name of ,americans with a similar history8 ,gentlemen1 ,i pass it by for the present4 ,footnote #aaa3 ,hildreth's ,despotism in ,america 7#ahed71 #bfc1 et al4 ,still further1 these judges thus appointed become familiar with fraud1 violence1 cruelty1 selfishness1--refined or brutal1--which comes before them2 they study the technicalities of the statutes1 balance the scruples of advocates2 they lose their fresh intuitions of justice1 becoming more and more legal1 less and less human1 less natural and more technical2 their eye is microscopic in its niceness of discrimination1 microscopic also in its narrowness of range4 ,they forget the universality of justice1--the ,end which laws should aim at2 they direct their lynx-eyed attention to the speciality of the statutes which is only the ,means1 of no value save as conducing to that end4 ,their understanding is sharp as a mole's eye for the minute distinctions of the technicalities of their craft2 but1 as short-sighted as the mole1 they cannot look at justice4 ,so they come to acknowledge no obligation but the legal1 and know no law except what is written in ,black ,letter on parchment1 printed in statute-books1 reported in decisions2 the ,law written by ,god on the soul of man they know not1 only the statute and decision bound in pale sheepskin4 ,in the logic of legal deduction--technical inference--they forget the intuition of conscience3 not ,what is right8 but ,what is law8 is the question1 and they pay the same deference to a wicked statute as a just one4 ,so the true ,mussulman values the absurdities of the ,koran as much as its noblest wisdom and tenderest humanity4 ,such a man so appointed1 so disciplined1 will administer the law fairly enough in civil cases between party and party1 where he has no special interest to give him a bias--for he cares not whether ,john ,doe or ,richard ,roe gain the parcel of ground in litigation before him4 ,but in criminal cases he leans to severity1 not mercy2 he suspects the ,people2 he reverences the government4 ,in political trials he never forgets the hand that feeds him1--,charles ,stuart1 ,george ,guelph1 or the ,slave ,power of ,america4 ,these things being so1 in such trials you see the exceeding value of the jury1 who are not ,office-holders1 under obligation to the hand that feeds them2 not ,office-seekers1 willing to prostitute their faculties to the service of some overmastering lust2 not lawyers wonted to nice technicalities2 not members of a class1 with its special discipline and peculiar prejudices2 but men with their moral instincts normally active1 and unsophisticated humanity in their hearts4 ,hence the great value of the jury in criminal trials4 ,gentlemen1 you are the jurors in this case1 to decide between me and the government4 ,between the government and ,,me6 no1 ,gentlemen1 between the ,fugitive ,slave ,bill and ,humanity4 ,you know the ,function of the court--the manner of the ,judges' appointment--the services they are expected to render in cases like this1 the services they have already rendered4 ,let me speak of the ,function of the ,jury4 ,to do that1 ,i must say a few words of its ,historical ,development4 ,i must make it very brief and sketchy4 ,here ,i shall point out six several steps in the successive development of popular ,law-making and ,law-applying4 99 99 99 99 99 #a4 ,in the barbarous periods of the ,teutonic ,family1#aab it seems the whole ,people came together at certain regular seasons to transact the business of the nation4 ,there was also a meeting of the inhabitants of each district or neighborhood at stated times1--a regular meeting2 and sometimes a special meeting to provide for some emergency--a called meeting4 ,if one man had wronged another the matter was inquired into at those popular meetings4 ,one man presided--chosen for the occasion4 ,in the early age it appears he was a priest1 afterwards a noble1 or some distinguished man1 selected on the spot4 ,the whole people investigated the matter1 made the law--often an ex post facto law1--applied it to the special case1 and on the spot administered the punishment--if corporeal1 or decreed the recompense--if pecuniary4 ,the majority carried the day4 ,thus at first the ,body of ,people present on the occasion were the law-makers1 the law-appliers1 and law-executors4 ,each law was special--designed for the particular case in hand1 retrospective for vengeance more than prospective for future welfare4 ,footnote #aab3 ,by this term ,i mean all the nations with language akin to the ,german4 #b4 ,then in process of time1 there came to be a body of laws--fixed and understood by the ,people4 ,partly1 these came from the customs of the ,people1 and represented past life already lived2 but partly1 also1 from the decrees of the recognized authorities--theocratic1 monarchic1 aristocratic1 democratic--representing the desire for a better life1 a rule of conduct for the future4 ,then at their meetings1 to punish an offender the people did not always make a new law1 they simply used what they found already made4 ,they inquired into the fact1 the deed done1 the law1 and applied the general law to the special fact1 made their decree and executed it4 ,thus extemporaneous ,making of law for the particular case1 gradually passed away1 and was succeeded by the extemporaneous ,declaration of the law previously made1 and its ,application to the matter in hand4 #c4 ,by and by it was found inconvenient for a multitude to assemble and make the laws1 so a body of select men took a more special charge of that function4 ,sometimes a chief1 or king1 usurped this for himself2 or men were chosen by the people1 and took an oath for the faithful discharge of their trust4 ,thus came popular law-making by sworn delegates1 representatives of the people1 who had a certain special power of attorney1 authorizing them to make laws4 ,these might be ,priests--as at the beginning2 or ,nobles of priestly stock1 as at the next stage2 or ,military ,chiefs--as in all times of violence2 or powerful ,private men1--summoned from the nation1 of their own accord undertaking the task1 or chosen by the various neighborhoods1--the whole process seems to have been irregular and uncertain1 as indeed it must be amongst rude people4 ,so at that time there were two sources of law-making4 7#a47 ,the unorganized ,people--the primary source1 whose unconscious life flows in certain channels and establishes certain customs1 rules of conduct1 obeyed before they are decreed1 without any formal enactment4 ,these were laws de facto4 7#b47 ,the organized ,delegates--priestly1 kingly1 nobilitary1 or warlike--the secondary source4 ,these made statute laws4 ,as this was a self-conscious and organized body1 having an object distinctly set before its mind and devising means for its purposes1 it easily appropriated to itself the chief part of the business of law-making4 ,statute laws became more and more numerous and important2 they were the principal--the customs were only subsidiary1 laws de ,jure1 enacted before they are obeyed by the ,people4 ,still new customs continued to flow from the primitive source of legislation1 the ,people1 and of course took new forms to suit the conditions of national life4 #d4 ,still the people came together to apply the laws--customary or enacted1--to the special cases which occurred4 ,there were fixed periods when they assembled without notice given1--regular law-days2 and if an emergency occurred1 they were summoned on extraordinary law-days4 ,here wrongs between party and party1 and offences against the public1 were set right by the ,country1 the ,body of the county1 that is1 by the bulk of the population4 ,the majority carried the day4 #e4 ,at length it was found inconvenient for so large a body to investigate each particular case1 or to determine what cases should be presented for investigation4 7#a47 ,so this preliminary examination was delegated to a smaller body of men1 sworn to discharge the trust faithfully1 who made inquiry as to offences committed1 and reported the criminals for trial to the full meeting1 the actual ,body of the country4 ,here1 then1 is the first organized and sworn ,jury2 the grand inquest2--here is popular ,indictment by delegates4 7#b47 ,then it was found inconvenient for a large body--the whole country--to investigate the cases presented4 ,men were busy with their own work1 and did not wish to appear and consume their time4 ,so a smaller body of men was summoned to attend to any special case which was presented by the ,grand ,inquest4 ,these also were sworn to do their duty4 ,they were to try the men indicted4 ,here is ,trial by sworn delegates1 who represent the ,body of the ,people4 ,they were still called the ,country1 as any spot of the ,atlantic is the ,ocean4 ,here is the ,trial by ,jury4 ,they must be taken from the neighborhood of the parties concerned--for at this stage the jurors were also the witnesses1 and other sworn witnesses were not then known4 ,all the ,jurors must concur in the vote of condemnation before the magistrate could hurt a hair of the accused's head4 ,still after the people had delegated their law-making to one body of sworn representatives1 and the twofold function of law-applying1 by ,indictment and ,trial1 to other sworn representatives1 there was yet a great concourse of people attending the court on the law-days2 especially when important matters came up for adjudication2 then the crowd of people took sides with ,plaintiff or ,defendant2 with the authorities which accused1 or with the man on trial1 as the case might be4 ,sometimes1 when the ,jury acquitted1 the people tore the suspected man to pieces2 sometimes when the ,jury condemned1 they showed their indignation--nay1 rescued the prisoner4 ,for the old tradition of actual trial by the ,body of the ,country still prevailed4 #f4 ,at length the ,jurors are no longer the witnesses in the case4 ,others testify before them1 and on the evidence which is offered1 the ,grand-,jury indict or not1 and the ,trial ,jury acquit or condemn4 ,then the ,jurors are no longer taken from the immediate neighborhood of the party on trial1 only from his district or county4 ,but sworn witnesses from the neighborhood1 depose to the facts4 ,there is no longer a great concourse of people in the open air1 but the trial is carried on in a small court house1 yet with open doors1 in the face of the people1 coram populo--public opinion still influences the ,jury4 ,as most of the ,jurors were unlearned men1 not accustomed to intricate questions1 it became necessary for the presiding judge1 a man of nicer culture1 to prepare rules of evidence which should prevent the matter from becoming too complicated for the rustic judgment4 ,thence came the curious and strange rules of evidence which prevail in all countries where trial by ,jury is established1 but are unknown in lands where the trial is conducted solely by experts1 educated men4 ,but as the mass of the people1 as in ,america1 become well informed1 the old rules appear ridiculous1 and will perish4 ,the number of sworn judges varies in different tribes of the ,teutonic family1 but as twelve has long been a sacred number with the ,anglo-,saxons1 that was gradually fixed for the ,jury4 ,twelve consenting voices are indispensable for the indictment or the condemnation4 99 99 99 99 99 ,such is the form of the ,jury as we find it at this day4 ,the other officers have also undergone a change4 ,so1 ,gentlemen1 let me give you a brief sketch of the ,historical ,formation of the ,function of the ,judge in nations of the same ethnological origin4 ,here ,i shall mention four steps4 #a4 ,at the meetings of the people to make1 apply1 and execute the law1 some one must preside to keep order1 put the question1 and declare the vote4 ,he was the ,moderator of the meeting4 ,at first it would seem that some important man1 a priest1 or a noble1 or some other wise1 distinguished1 or popular man1 performed that function4 ,the business over1 he dropped into his private place again4 ,a new one was chosen at each meeting4 #b4 ,if the former moderator had shown skill and aptness1 he was chosen the next time2 again and again2 at length it was a matter of course that he should preside4 ,he studied the matter1 and became expert in all the manners and customs of his nation4 ,this happens in most of the ,new ,england towns1 where the same man is ,moderator at the town-meetings for many years in succession4 ,men love to walk in the path they have once trodden1 even if not the shortest way to their end4 #c4 ,when the nation is organized more artificially and the laws chiefly proceed from the secondary source1 the government1--elective or usurpatory--a judge is appointed by the central authority to visit the districts 7counties7 and assist at the administration of justice4 ,as the law is now made by the distant delegates1 the judge they send down declares and explains it to the people1 for they have not made it as before directly1 nor found it ready-made1 an old inherited custom1 but only receive it as the authorities send it down from the ,capitol4 ,the law is written--the officer can read while they have no copy of the law1 or could not read it had they the book4 ,hence the necessity of a judge learned in the law4 ,still the people are to apply the written law or apply it not4 ,besides1 the old customs remain1 the unwritten laws of the people1 which the judge does not understand so well as they4 ,he represents the written law1 the assembly the unwritten custom or tradition4 ,the judge is appointed that he may please the central power2 the people are only to satisfy such moral convictions as they have4 ,there is often a conflict between the statute and the custom1 a conflict of laws2 and still more between the judge and the jury--a conflict in respect to the application of the law4 #d4 ,then comes the critical period of the ,trial by ,jury4 ,for the deputed judge seeks to enlarge his jurisdiction1 to enforce his law1 often against the customs and the consciences of the ,people1 the jury1 who only seek to enlarge ,justice4 ,he looks technically at the statute1 the provisional ,means of law1 not at ,justice the ultimate ,purpose of law4 ,to the ,country1 the ,body of the ,people1 or to the jury of inquest and of trial1 he assumes not to suggest the law and its application1 but absolutely to dictate it to them4 ,he claims the exclusive right to decide on the ,law and its ,application2 the jury is only to determine the ,fact--whether the accused did the deed charged or not4 ,if the judge succeeds in this battle1 then tyranny advances step by step2 the jury is weakened2 its original function is curtailed2 certain classes of cases are taken from its jurisdiction2 it becomes only the tool of the government1 and finally is thrown aside4 ,popular law-making is gone2 popular law-applying is also gone2 local self-government disappears and one homogeneous centralized tyranny takes the place of the manifold ,freedom of the people4 ,so the trial by jury faded out of all the ,south-,teutonic people1 and even from many regions of the ,german and ,scandinavian ,north4 ,but the ,anglo-,saxon1 mixing his blood with ,danes and ,normans1 his fierce kinsfolk of the same family1 has kept and improved this ancient institution4 ,when ,king or ,parliament made wicked laws1 or appointed corrupt and cruel men for judges1 the ,people have held this old ancestral shield between the tyrant and his victim4 ,often cloven through or thrust aside1 the ,saxon ,briton never abandons this4 ,the ,puritan swam the ,atlantic with this on his arm--and now all the ,anglo-,saxon tribe reverences this defence as the ,romans their twelve ,,aoncilia ,transcriber's ,note3 for ',,aoncilia' read ',,ancilia'2 see ,errata1 the mythic shield which fell from ,heaven4#aac ,footnote #aac3 ,in this brief sketch ,i do not refer to the authorities1 but see1 who will1 the classic passages and proof-texts in the well-known works of ,grimm1 ,rogge1 ,biener1 ,michelsen1 ,mser1 ,phillips1 ,eichhorn1 ,maurer1 and others4 99 99 99 99 99 ,after so much historic matter1 ,gentlemen1 it is now easy to see what is-- ,,the ,,function ,,of ,,the ,,jury ,,at ,,this ,,time4 ,here ,i make three points4 ,i4 ,they are to decide the ,,question ,,of ,,fact1 the matter charged1 and determine whether the accused did the deed alleged to be done4 ,that is the first step--to determine the ,fact4 ,,ii4 ,they are to decide the ,,question ,,of ,,law1 the statute or custom supposed to apply to the ,deed done1 and determine whether there is such a statute or custom1 and whether it denounces such a ,deed as a ,crime assigning thereto a punishment4 ,that is the second step--to determine the ,law4 ,,iii4 ,they are to decide the ,,question ,,of ,,the ,,application ,,of ,,the ,,law ,,to ,,the ,,fact1 and to determine whether that special statute shall be applied to the particular person who did the deed charged against him4 ,that is the third step--to determine the ,application of the ,law4 ,gentlemen1 ,i shall speak a few words on each of these points1 treating the matter in the most general way4 ,by and by ,i shall apply these general doctrines to this special case4 ,i4 ,the jury is to ,,decide ,,the ,,question ,,of ,,fact2 to answer1 ,did the accused do the deed alleged1 at the time and place alleged1 with the alleged purpose and producing the alleged result8 ,the answer will be controlled by the ,evidence of sworn witnesses1 who depose under a special oath to tell the truth1 the whole truth1 and nothing but the truth4 ,their ,evidence is the ,testimony as to the ,fact1--the sole testimony2 the jury is the ultimate arbiter to decide on the credibility of the evidence1 part by part1 and its value as a whole4 ,sometimes it is an easy matter to answer this ,question of ,fact2 sometimes exceedingly difficult4 ,if there be doubts they must weigh for the accused1 who is held innocent until proven guilty4 ,with us the theory that the jury is the exclusive judge of the ,question of ,fact is admitted on all sides4 ,but in ,england it has often happened that the judge instructs the jury to find the facts so and so2 that is--he undertakes to decide the ,question of ,fact4 ,in libel cases it is very common for ,new ,england judges to undertake to determine what constitutes a libel1 and to decide on the intentions of the accused2 that is to decide the most important part of the complex and manifold ,question of ,fact4 ,for it is as much a question of fact to determine what constitutes a libel1 as what constitutes theft1 the animus libellandi as much as the animus furandi4 ,sometimes juries have been found so lost to all sense of manhood1 or so ignorant of their duties1 as to submit to this judicial insolence and usurpation4 ,if the ,jury decide the ,question of ,fact in favor of the accused1 their inquiry ceases at that step1 they return their verdict1 ,,not ,,guilty2 and the affair is ended4 ,but if they find he did the deed as charged1 then comes the next function of the ,jury4 ,,ii4 ,the ,jury are to ,,decide ,,the ,,question ,,of ,,law4 ,is there a statute or custom denouncing a penalty on that special deed8 is the statute constitutional8 ,to determine this matter1 there are three sources of evidence external to their own knowledge4 #a4 ,the ,testimony of the ,government's ,attorney4 ,the ,government itself is his client1 and he gives such a statement of the law as suits the special purposes of the rulers and his own private and particular interest1 selects such statutes1 customs1 and decisions1 as will serve this purpose1 and declares1 ,such is the law4 ,nay1 he makes inferences from the law1 and thereby infers new customs1 and constructs new statutes1 invents new crimes4 ,he treats the law as freely as he treats the facts--making the most that is possible against the party accused4 ,you have seen already what tricks ,government attorneys have played1 how they pervert and twist the law--making it assume shapes never designed by its original makers4 ,he gives his opinion as to the law1 as he gave an opinion as to the fact4 ,this is not necessarily his personal and actual1 but only his official and assumed opinion--what he wishes the ,jury to think is law in this particular case4 #b4 ,the ,testimony of the ,defendant's ,attorney4 ,the accused is his client4 ,he is to do all he can to represent the law as favorable as possible to the man on trial4 ,he gives an opinion of the law1 not his personal and actual1 but his official and assumed opinion--what he wishes the ,jury to think is law in this particular case4 #c4 ,the ,testimony of the ,judge on the ,bench4 ,but in the ,english courts1 and the ,federal courts of the ,united ,states1 he is commonly no more than a government attorney in disguise2 ,i speak only of the general rule1 not the exceptions to it4 ,he has received his office as the reward for party services--was made a judge because he was one-sided as a lawyer4 ,in all criminal cases he is expected to twist the law to the advantage of the hand that feeds him4 ,especially is this so in all ,political trials--that is1 prosecutions for opposition to the party which the judge represents4 ,the judge may be impartial1 or partial1 just or unjust1 ignorant or learned4 ,he gives an opinion of the law1--not his personal and actual1 but his official and assumed opinion--what he wishes the jury to think is law in this particular case4 ,for the court also is a stage1 and the judges1 as well as the attorneys1 may be players1 ,and one man in his time play many parts4 ,of these three classes of witnesses1 no one gives evidence under special oath to tell the law1 the whole law1 and nothing but the law--or if it be so understood1 then all these men are sometimes most grossly and notoriously perjured2 but each allows himself large latitude in declaring the law4 ,the examples ,i have already cited1 show that the judge often takes quite as wide a range as the attorney-general1 or the prisoner's counsel4 ,as the jury hears the manifold evidence as to the facts1 and then makes up its mind thereon and decides the ,question of ,fact1 often rejecting the opinion of various witnesses1 as ignorant1 partial1 prejudiced1 or plainly false and forsworn2 so will the jury hear the manifold and often discrepant evidence as to the law1 and then make up their mind thereon and decide the ,question of ,law1 often rejecting the opinion of various witnesses thereupon ignorant1 partial1 prejudiced1 or plainly false and forsworn4 ,in regard to the ,fact1 the jury is limited to the evidence adduced in court4 ,what any special juror knows from any other source is not relevant there to procure conviction4 ,but in regard to the ,law there is no such restriction2 for if the jury know the law better than these three classes of witnesses for it in court1 then the jury are to follow their better knowledge4 ,at any rate1 the jury are to make up their minds on this question of ,law1 and for themselves determine what the special ,law is4 ,every man is to be held innocent until proved guilty--until the special ,deed charged is proved against him1 and until that special deed is proved a ,crime4 ,the jury is not to take the government attorney's opinion of the ,fact1 nor the prisoner's counsel's opinion of the ,fact1 nor yet the judge's opinion thereon2 but to form their own opinion1 from the evidence offered to make up their own judgment as to the ,fact4 ,so likewise they are not to take the government attorney's opinion of the ,law1 or the prisoner's counsel's opinion of the ,law1 nor yet the judge's opinion thereon2 but from all the evidence offered1 not ,transcriber's ,note3 for 'not' read 'or'2 see ,errata otherwise known to them1 to make up their own judgment as to the ,law4 ,after they have done so--if they decide the ,law in favor of the accused1 the process stops there4 ,the man goes free2 for it does not appear that his deed is unlawful4 ,but if the jury find the ,law against the deed1 they then proceed to their third function4 ,,iii4 ,the jury is to decide the ,,question ,,of ,,the ,,application ,,of ,,the ,,law ,,to ,,the ,,fact4 ,here is the question3 ,ought the men who have done this deed against the form of ,law to be punished thereby8 ,the government attorney and the judge are of the opinion that the law should be thus applied to this case1 but they cannot lay their finger on him until the jury1 specially sworn well and truly to try and true deliverance make1 have unanimously come to that opinion1 and say1 ,take him and apply the law to him4 ,the ,deed may be clear and the ,statute clear1 while the ,application thereof to the man who did the deed does not follow1 and ought not to follow4 ,for #a4 ,it is not designed that the full rigor of every statute shall be applied to each deed done against the letter thereof4 ,the statute is a great sleeping ,lion1 not to be roused up when everybody passes that way4 ,this you see from daily practice of the courts4 ,it remains in the ,discretion of the ,attorney to determine what offences he will present to the ,grand-,jury1--he passes by many1 and selects such as he thinks ought to be presented4 ,it remains in the ,discretion of the ,grand-,jury to determine whom they will indict1 for sometimes when the ,fact and ,law are clear enough to them1 they yet find no bill or ignore the matter4 ,and after the man is indicted1 it still remains in the ,discretion of the ,attorney to determine whether he will prosecute the accused1 or pass him by4 ,indeed ,i am told that the very ,grand-,jury who found the bills which have brought you and me face to face1 hesitated to indict a certain person on account of some circumstances which rendered his unlawful act less deserving of the legal punishment3 the ,attorney told them he thought they had better find a bill1 and he would enter a nolle prosequi in court1--plainly admitting that while the ,law and the ,fact were both clear1 that the ,grand-,jury were to determine in their ,discretion whether they would apply the law to that man1 whether they would indict or not2 and the ,attorney whether he would prosecute or forbear4 ,it remains equally in the ,discretion of the ,trial ,jury to determine whether the man who did the unlawful deed shall be punished--whether the spirit of that statute and the ,purpose of ,law requires the punishment which it allows4 #b4 ,besides1 in deciding this question--the jurors are not only to consider the one particular statute brought against the prisoner1 but the whole ,complex of ,customs1 ,statutes1 and ,decisions1 making up the ,body of ,law1 and see if that requires the application of this special statute to this particular deed4 ,here are two things to be considered4 7#a47 ,the general ,purpose of the whole ,body of ,laws1 the ,object aimed at2 and 7#b47 ,the ,means for attaining the end4 ,now the ,purpose of ,law being the main thing1 and the statute only subsidiary to that purpose1 the question comes--,shall we best achieve that ,purpose by thus applying the statute1 or by not applying it8 ,this rests with the ,jury in their ,discretion to determine4 #c4 ,still more1 the ,jury have consciences of their own1 which they must be faithful to1 which no official position can ever morally oblige them to violate4 ,so they are to inquire1 ,is it right in the sight of ,god1 in the light of our consciences1 to apply this special statute to this particular case and thus punish this man for that unlawful deed8 ,then they are to ask1 also1 ,was the deed naturally wrong2 done from a wrong motive1 for a wrong purpose8 ,if not1 then be the statute and the whole complex of laws what they may1 it can never be right for a jury to punish a man for doing a right deed1 however unlawful that deed may be4 ,no oath can ever make it right for a man to do what is wrong1 or what he thinks wrong--to punish a man for a just deed6 ,but if the twelve men think that the ,law ought not to be applied in this case--they find not guilty1 and he goes free2 if otherwise1 guilty1 and he is delivered over to the judges for sentence and its consequences1 and the judge passes such sentence as the ,law and his ,discretion point out4 ,the judge commonly1 and especially in political trials1 undertakes to decide the two last ,questions himself1 determining the ,law and the ,application thereof1 and that by his ,discretion4 ,he wishes to leave nothing to the ,discretion of the jury1 who thus have only the single function of deciding the ,question of ,fact1 which is not a ,matter of ,discretion--that is1 of moral judgment1--but only a logical deduction from evidence1 as the testimony compels4 ,he would have no moral element enter into their verdict4 ,the judge asks the jury to give him a deed of the ground on which he will erect such a building as suits his purpose1 and then calls the whole thing the work of the jury1 who only granted the land6 ,but this assumption of the judges ultimately and exclusively to decide the question of ,law and its ,application1 is a tyrannous usurpation4 7#a47 ,it is contrary to the fundamental ,idea of the ,institution of ,trial by jury4 7#b47 ,it leads to monstrous tyranny by putting the ,property1 ,liberty1 and ,life of every man at the mercy of the government officers1 who determine the ,law and its ,application1 leaving for the jury only the bare question of ,fact1 which the judge can so manage in many cases as to ruin most virtuous and deserving men4 7#c47 ,not only in ancient times did the jury decide the three questions of ,fact1 of ,law1 and of its special ,application1 but in cases of great magnitude they continue to do so now1 in both ,america and ,england1 and sometimes in direct contradiction to the commands of the judges4 99 99 99 99 99 ,gentlemen of the ,jury1 if you perform this threefold function1 then you see the exceeding value of this mode of trial1 #a4 ,for the punishment of wrong deeds done against the law1 done by the unorganized selfishness of thieves1 housebreakers1 murderers1 and other workers of unrighteousness2 #b4 ,and also for the prevention of wrong deeds attempted in the name of law1 by the organized selfishness of the makers and officers thereof4 ,for in each special case brought to trial1 the jury are judges of the ,law and of its ,application4 ,they cannot make a law--statute or custom--nor repeal one2 but in each particular case they must demand or forbid its execution4 ,these ,tribunes of the ,saxon ,people have no general veto on law-making1 and can efface no letter from the statute-book1 but have a special and imperative veto on each case for the ,application of the law4 ,justice1 the point common to the interests of all men1 yes1 the point common to ,god and our ,conscience1 is the ,aim and ,purpose of ,law in general2 if it be not that the law is so far unnatural1 immoral1 and of no obligation on the conscience of any man4 ,the special ,statute1 ,custom1 or ,decision1 is a provisional ,means to that end2 if just1 a moral means and adequate in kind2 if unjust1 an immoral means1 inadequate in kind1 and fit only to defeat the attainment of that ,justice which is the ,purpose of all ,law4 ,accordingly1 if by an accident1 a special statute is so made that its application in a particular case would do injustice and so defeat the ,design and ,purpose of ,law itself1 then the function of the jury under their oath requires them to preserve the ,end of law by refusing to apply the provisional statute to an unjust use4 ,and if by design a statute is made in order to do injustice to any man--as it has very often happened in ,england as well as ,america1--then the jury will accomplish their function by refusing to apply that statute to any particular case4 ,so will they fulfil their official oath1 and conserve the great ultimate ,purpose of ,law itself4 ,gentlemen1 you will ask me where shall the jury find the ,rule of ,right1 and how know what is just1 what not8 ,in your own ,conscience1 ,gentlemen2 not in the conscience of the ,attorney for the ,plaintiff-,government1 or the accused ,defendant2 not in the conscience of the community2 still less in the technical opinion of the lawyers1 or the ambition1 the venality1 the personal or purchased rage of the court4 ,of course you will get such help as you can find from judges1 attorneys1 and the public itself1 but then decide as you must decide--each man in the light of his own conscience1 under the terrible and beautiful eyes of ,god4 ,how does the juror judge of the ,credibility of ,evidence8 ,by the opinion of the lawyers on either side8 by the judge's opinion1 or that of the community8 ,no one would dare determine thus4 ,he decides personally by his own common sense1 not vicariously by another's opinion4 ,and as you decide the ,matter of ,fact by your own ,discretion of ,intellect1 so will you decide the ,matter of ,right by your own ,discretion of ,conscience4 ,gentlemen1 when the jury do their official duty it becomes impossible to execute a statute1 or custom1 or to enforce a decision which the jury--the country--think unjust and not fit to be applied4 ,but if the judge usurps these two functions of the jury1 and himself decides the ,question of ,law and its ,application1 you see what follows--consequences the most ghastly1 injustice in the name of ,law1 and with the means of ,law6 ,yes1 tyranny spins and weaves with the machinery of ,freedom1 and a ,nessus-shirt of bondage is fixed on the tortured body of the ,people4 ,the power of the judge will be especially dangerous in times of political excitement1 and in political trials4 99 99 99 99 99 ,gentlemen1 this matter is so important1 and the danger now so imminent that you will pardon me a few words while ,i set forth the mode by which this wickedness goes to work1 and what results it brings to pass4 ,follow me in some details4 ,i4 ,as to the judges dealing with the ,grand-,jury4 ,here let me take the examples from the circuit court of the ,united ,states in a supposed case where a man is to be tried for violating the fugitive slave bill4 ,you will see this is a case which may actually happen4 #a4 ,the judge challenges the whole body summoned as grand-jurors and catechizes them after this fashion4 7#a47 ,have you formed an opinion that the law of the ,united ,states1 known as the ,fugitive ,slave ,law of #ahej1 is ,unconstitutional1 so that you cannot indict a person under it for that reason1 although the court holds the statute to be ,constitutional8 ,this is riddling ,no4 #a4 ,such as think the fugitive slave bill unconstitutional are at once set aside4 ,the judge proceeds to ask such as have no doubt that it is constitutional1 7#b47 ,do you hold any opinions on the subject of ,slavery in general1 or of the ,fugitive ,slave ,law in special1 which would induce you to refuse to indict a man presented to you for helping his brother to freedom8 ,this is riddling ,no4 #b2 other good men and true are rejected1 but some are found faithful to the purposes of the court2 and the judge puts his next question1 7#c47 ,will you accept for ,law whatever the court declares such8 ,this is riddling ,no4 #c4 ,still the judge finds three-and-twenty men small enough to pass through all these sieves4 ,they are to be the jury4 ,all the men who deny the constitutionality of the wicked statute2 all who have such reverence for the unalienable ,rights of man and for the ,natural ,law of ,god that they would not prevent a ,christian from aiding his brother to escape from bondage2 all who have such respect for their own manhood that they will not swear to take a judge's word for law before they hear it--are shut out from the grand inquest2 they are no part of the ,country1 or the ,body of the county1 are not good men and true4 ,gentlemen of the ,jury1 consider the absurdity of swearing to take for law what another man will declare to be law1 and before you hear it6 ,suppose the judge should be drunk and declare the fugitive slave bill in perfect harmony with the ,sermon on the ,mount1 those noble words ,whatsoever ye would that men should do unto you1 do ye even so unto them1--are jurors to believe him8 ,what if the judge should be sober1 and declare it a misdemeanor to call the fugitive slave bill a wicked and hateful statute1 and all who thus offended should be put in jail for twelve months6 ,are honest men to take such talk for ,american law8 ,the jurors then take this oath which the clerk reads them3-- ,you1 as a member of this ,inquest for the ,district of ,massachusetts1 shall diligently inquire and true presentment make of all such matters and things as shall be given you in charge2 the counsel of the ,united ,states1 your fellows'1 and your own you shall keep secret2 you shall present no man for envy1 hatred1 or revenge2 neither shall you leave any man unpresented--for love1 fear1 favor1 affection1 or hope of reward2 but you shall present things truly as they come to your knowledge1 according to the best of your understanding4 ,so help you ,god6#aad ,footnote #aad3 ,see other forms of ,oath in #h ,st4 ,tr4 #gei1 #ggb4 ,then the judge appoints the most pliant member of the jury as foreman--selecting1 if possible to find him1 some postmaster or other official of the government1 or some man marked for his injustice or venality1 who may have the desirable influence with his fellows4 #b4 ,the next thing is to moisten this material thus trebly sifted1 and mould it into such vessels of tyranny as he can fill with his private or judicial wrath and then empty on the heads of his personal foes or such as thwart his ambitious despotism or the purposes of his government4 ,so he delivers his ,,charge ,,to ,,the ,,grand-,,jury4 ,by way of introduction1 he tells them-- 7#a47 ,that they are not the ,makers of ,law4 ,legislation is the function of ,congress and the ,president2 even the ,,court1 the ,,supreme ,,court ,,of ,,the ,,united ,,states itself cannot make a law1 or repeal one6 7#b47 ,that they are not the ,declarers1 or ,judges of ,law4 ,to know and set forth the ,law is the function of the ,,court4 ,it is true every man in his personal capacity1 as private citizen1 is supposed to know the law1 and if he violates it1 of his own presumption1 or by the persuasion of some others who falsely tell him about the law1 he must be punished2 for ignorantia nemini excusat1 ignorance excuseth none2 the private advice of the full bench of judges would be held no excuse4 ,but in their official capacity of jurors they are supposed to know nothing of the ,law whatsoever4 ,it seems taken for granted that though one of the ,jurors may be an old judge of the ,supreme ,court of the ,united ,states1 and have sat on the bench for twenty years2 nay1 though he may be also an old legislator of twenty years' standing1 and as legislator have made the very statute in question1 and also as judge subsequently have explained and declared it1 yet the moment he takes the oath as ,grand-,juror1 all this knowledge is gone from him as completely ,nebuchadnezzar's dream4 ,the court is the assembly of magicians1 astrologers1 sorcerers1 and ,chaldeans to restore it4 ,congress might pass a law compelling ex-judges1 ex-senators1 and ex-representatives--who are so numerous nowadays1 and continually increasing and likely to multiply yet more1--to serve as grand-jurors2 soon as they take their oath1 they are in law held and accounted to be utterly ignorant of law1 and bound to accept as law whatsoever the court declares such4 ,the acting judge may be young1 blind1 ignorant1 ambitious1 drunk with brandy or rage1 he may have a personal interest in promoting ,transcriber's ,note3 for 'promoting' read 'perverting'2 see ,errata the law1 and may notoriously twist it so as to gratify his peculiar or familistic spleen1 still the jury to accept the court's opinion for the nation's law4 ,any political ignoramus1 if hoisted to the bench1 has judicial authority to declare the law1--it is absolute4 ,if he errs1 he is responsible to the proper authorities--he may be removed by impeachment2 but the jury must not question the infallibility of his opinion4 ,for though the grand-jury is the country1 the judge is not only all that1 and more so2 but is the rest of mankind besides4 ,then the judge goes further--talks solemnly1 yet familiar2 to wheedle jurors the better1 he mixes himself with them1 his ,,we embracing both judge and jury4 ,i shall now quote actual language used in this very court1 by the late ,hon4 ,judge ,woodbury3-- ,one of the peculiar dangers 444 to which jurors1 as well as judges1 are exposed1 is the unpopularity1 or obnoxiousness 444 of any particular law1 which has been violated1 leading us 444 to be timid or unfaithful in enforcing it 444 the subject-matter being a delicate or offensive one4 ,while we 444 are holding the scales as well as the sword of ,justice1 in humble imitation of the ,divine ,judge on high1 it is our duty to let law1 as law1 that is1 whether it is just or unjust reign supreme1 reign equally over all1 and as to all things1 no less than persons2 and till it is changed by the proper authorities1 not to interpose our individual caprices or fancies or speculations that is1 our convictions of justice to defeat its due course and triumph4 ,we must not disregard laws1 when disliked1 because we can1 under the universal suffrage enjoyed here1 otherwise help legally to change or annul them by our votes4 ,as jurors you have sworn to obey them till so changed1 and ought to stand by them faithfully1 to the last moment of their existence4 ,we are safest in our capacity of public officers 444 to execute the laws as they are right or wrong1 while others who may make or retain bad laws in the statute-book1 are answerable for their own wrong4 ,if they preserve laws on the statute-book1 which are darkness rather than light and life to the people1 theirs is the fault1 that is1 if a blacksmith make a dagger1 and tell us to stab an innocent man with it1 we must obey1 and the blame will rest on the blacksmith who made the dagger1 not on the assassin who murdered with it6 ,in some cases1 also1 when we think the existing laws and punishments are wrong1 and hence venture to encourage others in disobedience by neglecting to indict and punish offenders1 it should make us pause and halt when it is remembered1 it may turn out that we ourselves may not be exactly ,solons or ,solomons in these respects1 nor quite so much wiser than the laws themselves1 as sometimes we are hastily induced to suppose4 ,miserable must be the fate of that community where the ministers of the law are themselves disposed to disregard it2 government will become a curse2 and this whether such a betrayal of public trust springs from the delusions of false philanthropy or fanatical prejudices1 no less than when it comes from unbridled licentiousness4 ,we must not lay the flattering unction to our souls1 that because by some possibility there may not be guilt1 we can rightfully discharge as if there were no guilt4 ,it is sometimes urged against agreeing to indict1 convict1 or punish1 that we have conscientious scruples on the subject2 if sincere tenderness of conscience presses on the heart and mind against executing some of the laws1 it should lead us to decline office or resign2 not to neglect or disobey1 while in office1 what we have promised and sworn to perform2 as if the juror swore to do injustice6 or if a majority prove unaccommodating or inflexible against us1 then it behooves those differing from them 444 to withdraw entirely from such a government1 and emigrate4 ,so the juror must not try to do justice at home1 but seek it in exile4 ,but in all such cases we must take special care not to indulge ourselves in considering an act as a sin which is only disagreeable1 or the result of only some prejudice or caprice4 ,the presumptions are that all laws1 sanctioned by such intelligent1 numerous1 and respectable members of society as compose our legislative bodies1 are constitutional1 and until pronounced otherwise by the proper tribunal1 the judiciary1 it is perilous for jurors to disobey them1 that is1 to refuse to execute them and it is trifling with their solemn obligations to disregard them in any way and on any occasion1 from constitutional doubts1 unless of the clearest and strongest character4#aae ,footnote #aae3 ,the above extracts are from ,judge ,woodbury's charge to the ,grand-,jury1 in ,circuit ,court of ,united ,states1 at ,boston1 taken from the ,evening ,traveller1 copying the reprint of ,boston ,daily ,advertiser1 of ,october #be1 #ahej4 ,he then tells them that no feeling of ,humanity must be allowed to prevent them from executing any law which the court declares to them1 whether the statute is a harsh one1 is not for us to determine4#aaf ,a cruel law is to be enforced as vigorously as a humane one2 an unjust law as a just one2 a statute which aims to defeat the purpose of ,law itself1 just as readily as one which aims to secure the dearest rights of humanity4 ,if the statute is notoriously wicked1 as in the case supposed1 then the ,judge says3 ,it is to be observed that this statute the fugitive slave bill subjects no person to arrest who was not before liable to be seized and carried out of the ,state2 ,congress has enacted this law4 ,it is imperative1 and it will be enforced4 ,let no man mistake the mildness and forbearance with which the criminal code is habitually administered1 as in cases of engaging in the slave-trade for weakness or timidity4 ,resistance to the fugitive slave bill must make it sternly inflexible4 ,as great efforts have been made to convince the public that the recent law the fugitive slave bill cannot be enforced with a good conscience1 but may be conscientiously resisted 444 ,i deem it proper to advert1 briefly1 to the moral aspects of the subject4 ,the ,states without the constitution would be to each other foreign nations4 ,those1 therefore1 who have the strongest convictions of the immorality of the institution of slavery1 are not thereby authorized to conclude that the provision for delivering up fugitive slaves is morally wrong1 that is1 if it be wrong to hold man in bondage1 it is also not wrong1 or that our ,fathers 444 did not act wisely1 justly1 and humanely in acceding to the compacts of the ,constitution4 ,even those who go to the extreme of condemning the ,constitution and the laws made under it1 as unjust and immoral1 cannot 444 justify resistance4 ,in their view1 such laws are inconsistent with the justice and benevolence and against the will of the ,supreme ,lawgiver1 and they emphatically ask1 ',which shall we obey1 the law of man1 or the ,will of ,god8' ,i answer1 ',,obey ,,both6' ,the incompatibility which the question assumes between ,right and ,wrong1 or ,good and ,evil1 or ,god and the ,devil does not exist6 ,unjust and oppressive laws may indeed be passed by human governments4 ,but if ,infinite and ,inscrutable ,wisdom permits political society1 having the power of human legislation1 to establish such laws1 may not the same ,infinite and ,inscrutable ,wisdom permit and require an individual1 who has no such power1 to obey them8 ,so if ,infinite and ,inscrutable ,wisdom permits a ,blacksmith having the power to forge steel and temper it1 to make daggers1 may not the same ,infinite and ,inscrutable ,wisdom permit and require the individual carpenter or tailor1 who has no such power1 to use the dagger for the purpose intended6 ,conscience1 indeed1 is to be reverenced1 and obeyed2 but still we must remember that it is fallible1 especially when the rights of others are concerned1 that is1 the right to kidnap men and may lead us to do great injustice1 by refusing to punish a man who helps his brother enjoy his self-evident1 natural1 and unalienable right to life1 liberty1 and the pursuit of happiness4 ,the annals of the world abound with enormities committed by a narrow and darkened conscience4 ,a statute is the moral judgment1 the embodied conscience of the political community1 the fugitive slave bill the 'embodied conscience' of ,new ,england4 ,to this not only is each individual bound to submit1 right or wrong1 but it is a new and controlling element in forming his own moral judgment2 that is1 he must think the statute is just4 ,obedience is a moral duty1 no matter how immoral the law may be4 ,this is as certain as that the ,creator made man a social being2 to obey the laws of the land no matter what laws1 or how wicked soever is1 then1 to obey the ,will of ,god6 ,footnote #aaf3 ,words of ,chief ,justice ,parker1 in ,commonwealth vs4 ,griffith1 #b ,pickering's ,reports1 #ai1 cited with approbation by ,chief ,justice ,shaw1 in the ,sims case1 #g ,cushing's ,reports1 #gje1 and also cited from him and acted on by fugitive slave bill ,commissioner ,loring1 in the ,burns case4 ,gentlemen of the ,jury1 you think ,i have imagined and made up this language out of my own fancy4 ,no1 ,gentlemen1 ,i could not do it4 ,i have not the genius for such sophistry4 ,i only quote the words of the ,hon4 ,judge ,peleg ,sprague delivered to the grand-jury of this ,circuit ,court of ,united ,states at ,boston1 ,march #ah1 #ahea4aag ,gentlemen1 ,i showed you what ,thurlow could say at ,horne ,tooke's trial on the #dth of ,july1 #aggg4 ,nay1 ,i quoted the words of ,powis and ,allybone1 and ,scroggs and ,jeffreys4#aah ,but1 ,gentlemen1 the judge of ,new ,england transcends the judges of ,old ,england4 ,footnote #aag3 ,see ,boston ,daily ,advertiser of ,march #ai1 #ahea4 ,footnote #aah3 ,see above1 p4 #cc1 #cg1 et al4 #c4 ,having made this general preparation for his work and shaped his vessel to the proper form1 he proceeds to fill it with the requisite matter4 7#a47 ,he practically makes the ,law just as he likes1 so as to suit the general purpose of the government1 or the special purpose of his private vengeance or ambition4 ,thus1 a4 ,out of the whole complex of law--statutes1 decisions1 customs1 charges1 opinions of judicial men1 since the ,norman conquest or before it1--he selects that special weapon which will serve his present turn4 ,and tells the jury1 that is the law which you are sworn to enforce4 ,i have not made it--it is the ,lex terr1 the ,law of the ,land4 ,or if in such an arsenal1 so copious1 he finds no weapon ready made1 then b4 ,out of that pile of ancient instruments he selects something which he forges over anew1 and thus constructs a new form of law when he could not find one ready for his hand4 ,if a straight statute will not catch the intended victims he perverts it to a hook and therewith lays hold4 ,he thus settles the law4 7#b47 ,he next practically determines what ,deed constitutes the offence forbidden by the law he has just made4 ,so he selects some act which it is notorious was done by the man he strikes at1 and declares it is the offence1 the crime4 ,here too he is aided by ancient precedent2 whereof if our brief ,republican annals do not furnish examples1 he hies to the exhaustless treasury of ,despotism in the ,english common law4 ,he opens the ,reports1 the ,statutes of the ,realm1 or goes back to the ,year-books4 ,antiquity is rich in examples of tyranny4 ,he readily finds a stick who would beat a dog4 ,such are the opinions1 quoth he1 of the venerable ,chief ,justice ,jones1 or my ,lord ,chancellor ,finch1 or ,baron ,twysden1 or my ,lord ,chief ,justice ,kelyng4 ,thus the ,judge constructs the ,jury--out of such men as he wishes for his purpose2 constructs the ,law1 constructs the ,offence1 the ,crime3 nay1 he points out the particular ,deed so plain that he constructs the ,indictment4 ,all that is left for the ,grand ,inquest is the mechanical work of listening to the evidence and signing the ,bill--,billa ,vera1 a true bill4 ,that they may accomplish this work he delivers them over to the ,district ,attorney2 he may be also an agent of the government1 appointed for his party services1 looking for his reward1 expecting future pay for present work1 extra pay for uncommon zeal and discretion4 ,gentlemen of the ,jury1 this may be the case--humanity is fallible1 and it sometimes may happen even in the ,circuit ,court of the ,united ,states that such a man should hold the office of ,district ,attorney4 ,for it is not to be expected1 nay1 it is what we should not even ask--that this place should always be filled by such conspicuous talent1 such consummate learning1 and such unblemished integrity as that of the present attorney 7,hon4 ,mr4 ,hallett74 ,no1 ,gentlemen of the ,jury1 as ,i look round these walls ,i am proud of my country6 ,such a ,district ,attorney1 so bearing his great commission in his look2 his political course as free from turning and winding as the river ,missouri2 high-minded1 the very ,csar's wife of democratic virtue1--spotless and unsuspected2 never seeking office1 yet alike faithful to his principles and his party2 and with indignant foot spurning the ,administration's bootless bribe1--the fact outtravels fancy4 ,nay1 ,gentlemen1 it is something to be an ,american--,i feel it as ,i look about me4 ,for the honorable ,attorney is perfectly suited to this ,honorable ,court2--yea1 to the ,administration which gives them both their dignity and their work and its pay4 ,happy country with such an ,attorney1 fortunate with such a ,court1 but thrice and four times fortunate when such several stars of justice unite in such a constellation of juridic fire6 ,but1 ,gentlemen1 it is too much to ask of human nature that it should be always so4 ,in my supposed case1 the judge delivers the persons accused to the officers1 restless1 bellowing1 and expecting some fodder to be pitched down to them from the national mow1 already licking their mouths which drool with hungry anticipation4 ,they will swear as the court desires4 ,then the ,attorney talks with the most pliant jurors1 coaxes them1 wheedles them1 stimulates them to do what he wants done4 ,some he threatens with the displeasure of the government2 he swears at some4 ,after all1 if the jury refuse to find a bill1--a case1 ,gentlemen1 which has happened1--they are discharged2 and a new jury is summoned2 some creature of the government is put on it1 nay1 perhaps some kinsman of the anxious judge1 at least a ,brother-in-,law1 and at last twenty-three men are found of whom twelve consent to a ,true ,bill4 ,then great is the joy in the judge's heart1--it is corrupt judges ,i am speaking of1 ,gentlemen of the ,jury1 not of upright and noble men1 may it please your ,honors6 ,there is great joy in the judge's heart1 and great rejoicing amongst his kinsfolk and intimate friends who whinney and neigh over it in the public journals1 and leer at the indicted man in the street1 lolling out their tongues greedy for his ,transcriber's ,note3 omit 'his'2 see ,errata vengeance6 99 99 99 99 99 ,,ii4 ,now1 ,gentlemen1 look next at the judge's dealing with the ,trial-,jury4 ,he proceeds as before4 #a4 ,he sifts the material returned to him1 through those three sieves of questioning1 and gets a ,jury with no hard individual lumps of solid personal independence4 ,they take the oath which you have just taken1 ,gentlemen3 ,you shall well and truly try the issue between the ,united ,states and the ,defendant at the ,bar1 according to the law1 and the evidence given you1 so help you ,god6 ,the facts are then presented1 and the case argued on both sides4 #b4 ,the ,judge sums up1 and charges the ,jury4 ,he explains their oath2 to try the issue according to the law does not mean 7a7 according to the whole complex which is called ,law1 or ,the ,law1 but according only to that particular statute which forbids the deed charged1--for otherwise the ,jury must judge of the ,purpose of ,law1 which is ,justice1 and inquire into the rightfulness of the deed and of the statute which forbids it4 ,nor does it mean 7b7 by the ,jurors' notion of that statute1 but only by the ,judge's opinion thereof4 ,he tells them--if they proceed to inquire into the natural ,justice of the deed1 or into the law which forbids it1 then they transcend their office1 and are guilty of ,perjury1 and reads them the statute for the punishment of that offence1 and refers to examples--from the times of the ,stuarts1 though he does not mention that--when ,jurors were fined and otherwise severely dealt with for daring to resist a judge4 ,then out of the facts testified to by the government witnesses1 he selects some one which is best supported1 of which there is no doubt4 ,he then declares that the question of ,guilty or not guilty turns on that point4 ,if the accused did that deed--then he is ,guilty4 ,so the moral question1 ,has the man done a wrong thing8 is taken from their consideration2 the intellectual question1 ,has he done a deed which amounts to the crime forbidden8 is not before them2 only the mechanical question1 ,did he do that particular act8 ,they are not to inquire as to the ,justice of the law1 its ,constitutionality1 or its ,legality2 nor the ,justice or the ,criminality of the deed--only of its ,actuality1 ,did he do this deed8 ,nay1 sometimes the ,judge treats them as cattle1 and orders them to find the facts for the government4 ,if they refuse1 he threatens them with punishment4 ,thus he constructs the ,trial-,jury1 the ,law1 the ,evidence1 the ,crime1 and the ,fact4 99 99 99 99 99 ,now1 ,gentlemen1 when this is done and done thoroughly1 the ,judge has kept all the ,forms1 ,presentment by the ,grand-,jury1 and ,trial by a ,petty ,jury2 but the substance is all gone2 the ,jury is only a stalking horse1 and behind it creeps the ,judicial servant of ,tyranny1 armed with the blunderbuss of law1--made and loaded by himself1--and delivers his shot in the name of law1 but against ,justice1 that purpose of all law4 ,thus can tyranny be established--while all the forms of law are kept4#aai ,footnote #aai3 ,see #a ,jardine1 ,criminal ,trials1 #aaj4 #b ,parker's ,sermons1 #bff and note4 ,gentlemen of the ,jury1 let me make this more clear by a special case wholly fictitious4--,thomas ,nason1 a ,non-,resistant and a ,quaker1 is a colored citizen of ,boston1 the son and once the slave of ,hon4 ,james ,nason of ,virginia1 but now legally become a free man by self-purchase2 he has the bill of sale of himself in his pocket1 and so carries about him a title deed which would perhaps satisfy your ,honors of his right to liberty4 ,but his mother ,lizzie 7,randolph7 ,nason1 a descendant of both ,mr4 ,jefferson and ,mr4 ,madison1--for ,virginia1 ,i am told1 can boast of many children descended from two ,presidents1 perhaps from three1 who ,boast the pure blood of an illustrious race1 ,in quiet flow from ,lucrece to ,lucrece-- from ,saxon master to ,african slave1--is still the bondwoman of the ,hon4 ,james1 the father of her son ,thomas4 ,from the ,plantation manners of her master1 the concubine1 foolishly dissatisfied with slavery1 flies to ,boston1 and takes refuge with her ,quaker son1 who conceals his mother1 and shelters her for a time4 ,but let me suppose that his ,honor ,judge ,curtis1 while at ,washington1 fired with that patriotism which is not only habitual but natural and indigenous to his ,honor1 informs ,mr4 ,nason of the hiding-place of his female slave1 thus betraying a mistress to her master1 no longer1 alas1 her keeper4 ,it is no injurious imputation--it is an imaginary honor ,i attribute to the learned and honorable ,judge4 ,mr4 ,nason sends the proper agent to ,boston to save the ,union of ,states by restoring the union of master and slave4 ,mr4 ,george ,ticknor ,curtis1 fugitive slave bill commissioner1 and brother to the ,hon4 ,judge1 issues his warrant for kidnapping the mother2 his coadjutor and friend1 ,mr4 ,butman1 attempts to seize her in her son's house4 ,thomas1 unarmed1 resists the intruder1 and with a child's pop-gun drives that valiant officer out of the house1 and puts the mother in a place of safety1--beneath the flag of ,england1 or the ,pope1 or the ,czar4 ,commissioner ,curtis telegraphs the news to ,washington1--announcing a ,,new ,,case ,,of ,,treason--more 'levying war6' ,the ,secretaries of ,state and of ,war write dreadful letters1 breathing fire and slaughter1 and ,president ,pierce1 a man of most heroic courage1 alike mindful of his former actual military exploits at ,chapultepec1 of his delegated triumph at ,greytown1 and of the immortal glory of ,mr4 ,fillmore1 issues his ,proclamation1 calling on all good citizens1 and especially on the politicians of his party1 to ,save the ,union from the treason of this terrible ,thomas ,nason1 who will blow up the ,constitution with a pop-gun6 ,at the next session of the ,honorable ,circuit ,court of the ,united ,states in and for the first ,district1 his ,honor the ,hon4 ,benjamin ,robbins ,curtis1 ,judge1 constructs and charges the ,grand-,jury in the manner already set forth4 ,he instructs them that if any man1 by force and arms1 namely1 with a pop-gun1 does resist a body of ,united ,states officers1 attempting to kidnap a woman1 his own mother1 that he thereby levies war against the ,united ,states1 and accordingly commits the crime of ,treason which consists in levying war against the ,united ,states--the amount of force is not material4 ,and it is their duty to indict all persons in that form offending4 ,the ,attorney1 the ,hon4 ,benjamin ,franklin ,hallett1 offers to bet ten dollars that ,i will get ,nason indicted1 and urges the matter4 ,but no bill is found1 the ,jury is discharged1 a new ,jury is summoned1 and ,mr4 ,william ,w4 ,greenough1 the ,brother-in-law of the ,judge is put on it1 drawn as ,juror--and then a true bill is found1 ,mr4 ,hallett actually making an indictment that cannot be quashed6 ,on the day before ,thanksgiving ,thomas ,nason is arraigned2 and is brought to trial for this new ,boston ,massacre on the anniversary of the old one--on the ,fifth of ,march4 ,the judge constructs a ,trial-,jury as before4 ,mr4 ,hallett1 assisted by ,mr4 ,thomas1 ,mr4 ,george ,t4 ,curtis1 and ,commissioner ,loring1 manage the case for the government1 bringing out the whole strength of the kidnapping party1 and directing this ,macedonian phalanx of ,humanity and ,law and ,piety against a poor friendless negro4 ,mr4 ,hale1 ,mr4 ,ellis1 and ,mr4 ,dana defend him4 ,officer ,butman and his coadjutors--members of the ,marshal's guard--testify that ,mr4 ,nason attacked them with the felonious weapon above named1 putting them in mortal bodily fear greater than that which in ,mexico once overthrew the 7future7 ,president of all this land6 ,mr4 ,herrman1 the dealer in toys1 testifies that he sold the murderous weapon for twenty-five cents to ,mr4 ,nason who declared that he could frighten ,butman with it2 that it is of ,german manufacture1 and is called a ,knallbchse6 ,judge ,curtis sums up the matter4 ,he tells the jury1 7#a47 ,that they are not to judge of the ,law punishing treason1 but to take it from the ,court4 7#b47 ,not to judge what ,act constitutes the ,crime of ,treason1 but take that also from the ,court1 and if the ,court decides that offering a pop-gun at a rowdy's breast constitutes the crime of treason1 they are to accept the decision as constitutional law4 7#c47 ,they are not to ask if it be just to hang a man for thus resisting a body of men who sought to kidnap his mother1 for even if it be unjust and cruel it is none of their concern1 for they must execute a cruel and unjust law with even more promptitude than a just and humane one1 and in the language of the ,defender of the ,constitution1 conquer their prejudices1 and do a disagreeable duty4 7#d47 ,if they think the ,law commands one thing and the ,will of ,god exactly the opposite1 in the well-known words of ,judge ,sprague1 they must obey both by keeping the law of man when it contradicts the law of ,god1 for they can never be good ,christians so long as they scruple to hang a ,quaker for driving off a kidnapper2 and obedience to the law is a moral duty1 no matter how immoral the law may be1 and to obey the law of the land is to obey the will of ,god4 7#e47 ,but they have a simple question of fact to determine2 namely1 ,did the ,defendant resist officer ,butman in the manner set forth8 ,if satisfied of that1 they must find him guilty4 ,no mistaken notions of ,justice must induce them to refuse their verdict--for they are not to make the law1 but only help execute it2 and their conscience is so fallible1 especially when the rights of others are concerned1 and may lead them to do great injustice1 for the annals of the world abound with enormities committed by a narrow and darkened conscience4 ,they must not ask if it be religious to do so--for to use the words of the most religious of all ,americans1 a man of most unspotted life in public and private1 ,religion has nothing to do with politics1 and this is a political trial4 ,if there be any injustice in the law and its execution the blame lies with the makers thereof not with the jurors1 and they may wash their hands as clean as ,pilate's from the blood of ,christ4 ,besides1 if there be injustice the ,president can pardon the offender1 and from his well-known religious character--which rests on the unbiased testimony of his own minister and the statement of several partisan newspapers published in the very heat of the election1 when men1 and especially politicians looking for office1 never exaggerate1--he doubtless will listen to petitions for a commutation of punishment6 ,but there is no injustice in it--for slavery is part of the lex terr1 the law of the land1 protected by the ,constitution itself1 which is the ,lex ,suprema--the ,supreme ,law of the ,land1 and nearly eighty years old6 ,besides1 ,slavery is not immoral1 not contrary to the public policy of ,massachusetts2 and1 moreover1 the mother whom the criminal actually rescued1 was a foreigner and whatever rights she had1 she had no right here4#abj ,footnote #abj3 ,see ,hon4 ,judge ,curtis's ,speech at the ,union ,meeting in ,faneuil ,hall1 ,november #bf1 #ahej4 ,but it is not a cruel or an unchristian thing to require a negro layman to allow his mother to be kidnapped in his own house--especially if she were a born slave1 and so by the very law a chattel personal to all uses1 intents1 and purposes whatever1 and of course wholly divested of all natural rights1 even if a colored person ever had any--for an eminent ,american minister1 of one of the most enlightened sects in ,christendom1 has publicly offered to send his own freeborn mother into bondage for ever6 ,moreover1 if the jurors do not find a verdict of guilty1 then they themselves are guilty of ,,perjury6 ,so the jury1 without leaving their seats1 find him guilty2 the judge sentences2 the ,president signs the ,death-warrant1 and ,marshal ,freeman hangs the man--to the great joy of the ,commissioner's and the ,marshal's guard who vacate the brothels once more and attend on that occasion and triumph over the murdered ,quaker4 ,but the mischief does not stop there2 the ,boston slave-hunters are not yet satisfied with blood2 the judge constructs another grand-jury as before1 only getting more of his kinsfolk thereon1 and taking his law from the impeached ,judges ,kelyng and ,chase1 charges that all persons who advise to an act of levying war1 or evince an express liking for it1 or approbation of it1 are also guilty of treason2 and in treason all are ,principals4 ,accordingly the jury must indict all who have evinced an express liking of the rescue1 though they did not evince approval of the rescue by such means4 ,it appears that ,rev4 ,mr4 ,grimes in the meeting-house the ,sunday before the treason was consummated1 had actually prayed that ,god would break the arm of the oppressor and let the oppressed go free2 that he read from a book called the ,old ,testament1 ,bewray not him that wandereth1 ,hide the outcast1 and other paragraphs and sentences of like seditious nature4 ,nay1 that from the ,new ,testament he had actually read the ,sermon on the ,mount1 especially the ,golden ,rule and the summing of the ,law and the ,prophets in one word1 ,love1--and had applied this to the case of fugitive slaves2 moreover1 that he had read the xxvth chapter of ,matthew from the #cast to the #dfth verse1 with dreadful emphasis4 ,nay1 anti-slavery men--in lectures--and in speeches in the ,music ,hall1 which was built by pious people--and in ,faneuil ,hall1 which was the old ,cradle of ,liberty1 had actually spoken against man-stealing1--and even against some of the family of kidnappers in ,boston6 ,still further1 he adds1 with great solemnity1 a woman--a negro woman1--the actual wife of the criminal ,nason--had brought intelligence--to her husband--that ,mr4 ,george ,t4 ,curtis1--the brother of the judge1--had issued his warrant--and ,mr4 ,butman--with a monstrous watch--was coming to execute it--she told her husband1--and--incited him to his dreadful crime6 ,if you find these facts you must convict the prisoners4 ,so thirty or forty more are hanged for treason4 ,gentlemen of the ,jury1 these fictitious cases doubtless seem extravagant to you4 ,i am glad they do4 ,in peaceful times1 in the majority of cases there is no disagreement between the law1 the judge1 and the jurors2 the law is just1 or at least is an attempt at justice1 the judge wishes to do justice by means thereof1 and the jurors aim at the same thing4 ,in such cases there is no motive for doing wrong to any person3 so the judge fairly interprets the righteous and wholesome law1 the jurors willingly receive the interpretation and apply it to the special case1 and substantial justice is done4 ,this happens not only in civil suits between party and party1 but also in most of the criminal cases between the ,public and the ,defendant4 ,but in times of great political excitement1 in a period of crisis and transition1 when one party seeks to establish a despotism and deprive some other class of men of their natural rights1 cases like those ,i have imagined actually happen4 ,then there is a disagreement between the judge and the jury2 nay1 often between the jury and the special statute wherewith the government seeks to work its iniquity4 ,it is on such occasions that the great value of this institution appears1--then the jury hold a shield over the head of their brother and defend him from the malignity of the government and the ,goliath of injustice1 appointed its champion to defy the ,law of the living ,god1 is smote in the forehead by the smooth stone taken from a country brook1 and lies there slain by a simple rustic hand2 for in such cases the jury fall back on their original rights1 judge of the ,fact1 the ,law1 and the ,application of the ,law to the ,fact1 and do justice in spite of the court1 at least prevent injustice4 99 99 99 99 99 ,now1 ,gentlemen of the ,jury1 ,i will mention some examples of this kind1 partly to show the process by which attempts have been made to establish despotism1 that by the ,english past you may be warned for the ,american present and future2 and partly that your function in this and all cases may become clear to you and the ,nation4 ,the facts of history will show that my fancies are not extravagant4 #a4 ,in ,april1 #aeed1 just three hundred and one years ago this very month1 in ,england1 ,sir ,nicolas ,throckmorton1 a gentleman of distinguished family1 was brought to trial for high treason4 ,he had held a high military office under ,henry ,,viii4 and ,edward ,,vi41 but made himself obnoxious to the ,papists1 by his adherence to some of the persecuted ,reformers4 ,with his two brothers he attended ,anne ,askew to her martyrdom when she was burnt for heresy1 where they were told to take heed to your lives for you are marked men4 ,he was brought to trial ,april #agth1 #aeed1 the first year of ,bloody ,mary4 ,of course he was allowed no counsel2 the court was insolent1 and demanded his condemnation4 ,but the jury acquitted him2 whereupon the court shut the twelve jurors in prison6 ,four of them made their peace with the judges1 and were delivered3 but eight were kept in jail till the next ,december1 and then fined1--three of them #fj apiece1 and five #bbe apiece4 ,this is one of the earliest cases that ,i find1 where an ,english jury in a political trial refused to return such a verdict as the tyrant demanded4#aba ,footnote #aba3 ,see the case in #a ,st4 ,tr4 #hfi1 and #a ,jardine1 #dj1 also #aae4 ,the great juridical attacks upon ,english ,liberty were directed against the ,person of the ,subject1 and appear in the trials for ,treason1 but as in such trials the defendant had no counsel1 the great legal battle for ,english ,liberty was fought over the less important cases where only property was directly concerned4 ,hence the chief questions seem only to relate to money4 #b4 ,in ,september1 #afgj1 ,william ,penn1 afterwards so famous1 and ,william ,mead1 were brought to trial before the ,lord ,mayor of ,london1 a creature of the king1 charged with a tumultuous assembly4 ,for the ,quaker meeting-house in ,grace ,church ,street1 had been forcibly shut by the government1 and ,mr4 ,penn had preached to an audience of ,dissenters in the street itself4 ,the court was exceedingly insolent and overbearing1 interrupting and insulting the defendants continually4 ,the jury found a special verdict--guilty of speaking in ,grace ,church ,street4 ,the judge sent them out to return a verdict more suitable to the desire of the government4 ,again they substantially found the same verdict4 ,this both ,mayor and ,recorder resented at so high a rate that they exceeded the bounds of all reason and civility4 ,the ,recorder said1 ,you shall not be dismissed till we have a verdict that the court will accept2 you shall be locked up without meat1 drink1 fire1 and tobacco2 you shall not think thus to abuse the court2 we will have a verdict by the help of ,god1 or you shall starve for it6 ,when ,penn attempted to speak1 the ,recorder roared out1 ,stop that prating fellow's mouth or put him out of court4 ,the jury were sent out a third time1 and kept all night1 with no food1 or drink1 or bed4 ,at last they returned a verdict of not guilty1 to the great wrath of the court4 ,the judge fined the jurors forty marks apiece1 about #adj1 and put them in jail until they should pay that sum4 ,the foreman1 ,edward ,bushel1 refused to pay his fine and was kept in jail until he was discharged on ,habeas ,corpus in ,november4 ,here the attempt of a wicked government and a cruel judge was defeated by the noble conduct of the jurors1 who dared be faithful to their duty4#abb ,footnote #abb3 #f ,st4 ,tr4 #iea2 ,dixon's ,life of ,penn2 #bb ,st4 ,tr4 #ibe4 #c4 ,in #afha an attempt was made to procure an indictment against the ,earl of ,shaftesbury1 for ,high ,treason4 ,the ,bill was presented to the ,grand-,jury at ,london2 ,chief ,justice ,pemberton gave them the charge1 at the king's desire--it was ,charles ,,ii4 ,they were commanded to examine the evidence in public in the presence of the court1 in order that they might thus be overawed and forced to find a bill1 in which case the court had matters so arranged that they were sure of a conviction4 ,the court took part in examining the witnesses1 attempting to make out a case against the ,earl4 ,but the jury returned the bill with ,,ignoramus on it1 and so found no indictment4 ,the spectators rent the air with their shouts4 ,the court was in great wrath1 and soon after the king seized the ,charter of ,london1 as ,i have already shown you1 seeking to destroy that strong-hold of ,liberty4 ,shaftesbury escaped--the jury was discharged4 ,why did not the court summon another jury1 and the chief justice put his brother-in-law on it8 ,roger ,coke says1 ,but as the knights of ,malta could make knights of their order for eight pence a piece1 yet could not make a soldier or seaman2 so these kings the ,stuarts though they could make what judges they pleased to do their business1 yet could not make a grand-jury4 ,for the grand-juries were returned by the ,sheriffs1 and the sheriffs were chosen by the ,livery1 the corporation of ,london4 ,this fact made the king desire to seize the charter1 then he could make a grand-jury to suit himself1 out of the kinsfolk of the judge4#abc ,footnote #abc3 #h ,st4 ,tr4 #gei1 see the valuable matter in the notes1 also #b ,hallam1 #ccj and notes4 #d4 ,next comes the remarkable case of the ,seven ,bishops1 which ,i have spoken of already4#abd ,you remember the facts1 ,gentlemen4 ,the king1 ,james ,,ii41 in #afhh1 wishing to overturn ,protestantism--the better to establish his tyranny--issued his notorious proclamation1 setting aside the laws of the land and subverting the ,english ,church4 ,he commanded all ,bishops and other ministers of religion to read the illegal proclamation on a day fixed4 ,seven ,bishops presented to him a petition in most decorous language1 remonstrating against the ,proclamation1 and asking to be excused from reading it to their congregations4 ,the king consulted with ,father ,petre1--a ,jesuit1 his confessor--on the matter1 and had the bishops brought to trial for a misdemeanor1 for publishing a seditious libel in writing against his majesty and his government4 ,it was obstructing an officer4 ,footnote #abd3 ,see above1 p4 #cb4 ,then the question before the trial-jury was1 ,did the seven bishops1 by presenting a petition to the king--asking that they might not be forced to do an act against the laws of ,england and their own consciences--commit the offence of publishing a seditious libel2 and1 ,shall they be punished for that act8 ,all the judges but two1 ,holloway and ,powell1 said ,yes1 and the jury were so charged4 ,but the jury said1 ,not guilty4 ,the consequence was this last of the ,stuarts was foiled in his attempt to restore papal tyranny to ,england and establish such a despotism as already prevailed in ,france and ,spain4 ,here the jury stood between the tyrant and the ,liberties of the ,people4 ,gentlemen of the ,jury1 let me show you how that noble verdict was received4 ,soon as the verdict was given1 says ,bishop ,burnet1 ,there were immediately very loud acclamations throughout ,westminster ,hall1 and the words ',not guilty1' ',not guilty1' went round with shouts and huzzas2 thereat the ,king's ,solicitor moved very earnestly that such as had shouted in the court might be committed4 ,but the shouts were carried on through the cities of ,westminster and ,london and flew presently to ,hounslow ,heath1 where the soldiers in the camp echoed them so loud that it startled the king4#abe ,every man seemed transported with joy4 ,bonfires were made all about the streets1 and the news going over the nation1 produced the like rejoicings all ,england over4 ,the king's presence kept the army in some order4 ,but he was no sooner gone out of the camp1 than he was followed with an universal shouting1 as if it had been a victory obtained4#abf ,when the ,bishops withdrew from the court1 they were surrounded by countless thousands who eagerly knelt down to receive their blessing4 ,of course the two judges who stood out for the liberties of the citizens1 were removed from office6 ,footnote #abe3 #ab ,st4 ,tr4 #dcj4 ,footnote #abf3 ,burnet's ,own ,times1 #dgj4 ,see also #b ,campbell1 ,justices1 #hi1 et seq4 #e4 ,here is another remarkable case1 that of ,william ,owen1 in #ageb4 ,these are the facts4 ,in #agej there was a contested election of a member of ,parliament for ,westminster4 ,hon4 ,alexander ,murray1 an anti-ministerial member of the ,commons1 was denounced to the ,house for his conduct during the election1 and it was ordered that he should be confined a close prisoner in ,newgate1 and that he receive his sentence on his knees4 ,he refused to kneel1 and was punished with great cruelty by the bigoted and intolerant ,house4 ,mr4 ,owen1 who was a bookseller1 published a pamphlet1 entitled ,the ,case of ,alexander ,murray1 ,esq41 detailing the facts and commenting thereon4 ,for this an information was laid against him1 charging him with publishing a wicked1 false1 scandalous1 seditious1 and malicious libel4 ,on the trial1 the ,attorney-,general1 ,ryder1 thus delivered himself3-- ,what6--shall a person appeal from that ,court1 who are the only judges of things belonging to them1 the ,house of ,commons ,i mean4 ,an appeal6 ,to whom8 ,to a mob8 ,must ,justice be appealed from8 ,to whom8 ,to injustice8 ,appeal to 'the good people of ,england1' 'particularly the inhabitants of ,westminster'6 ,the ,house of ,commons are the good people of ,england1 being the representatives of the people4 ,the rest are--what8 ,nothing--unless it be a mob4 ,but the clear meaning of this libel was an appeal to violence1 in fact1 and to stigmatize the ,house4 ,then he charges the ,house with sinking material evidence2 which in fact is accusing the ,house of injustice4 ,this is a charge the most shocking2 the most severe1 and the most unjust and virulent1 against the good1 the tender ,house of ,commons2 that safeguard of our liberty1 and guardian of our welfare4 ,this libel 444 will be found the most powerful invective that the skill of man could invent4 ,i will not say the skill1 but the wit1 art1 and false contrivance of man1 instigated by ,satan2 to say that this is not a libel1 is to say that there is no justice1 equity1 or right in the world4 ,the ,solicitor-,general told the ,jury that they were only to inquire if ,mr4 ,owen published the pamphlet1 the rest follows of course2 you are upon your oaths2 you judge of the facts 444 and only them4 ,chief ,justice ,lee summed up the evidence and delivered it as his opinion1 that the ,jury ought to find the defendant guilty2 for he thought the fact of publication was fully proved2 and if so they could not avoid bringing in the defendant guilty4 ,the jury returned1 ,not guilty2 but ,ryder1 the ,attorney-,general1 put this question1 ,do you think the evidence is not sufficient to convince you that ,owen did sell the book8 ,the foreman stuck to his general verdict1 ,not guilty1 ,not guilty2 and several of the jurymen said1 that is our verdict1 my lord1 and we abide by it4 ,upon which the court broke up1 and there was a prodigious shout in the hall4 ,then the ,jury judged as to facts1 law1 and justice of the whole1 and therefore did not answer the leading question which was so artfully put to them4#abg ,of course the insolent ,attorney-,general was soon made ,lord ,chief ,justice1 and rode the bench after the antiquated routine4 ,footnote #abg3 #ah ,st4 ,tr4 #abjc2 #ad ,parl4 ,hist4 #hhh1 #ajfc2 #c ,hallam1 #bjj2 #b ,campbell1 ,justices1 #aih4 ,this was the third great case in which the ,jury had vindicated the right of speech4 #f4 ,here is another case very famous in its day1 and of great value as helping to establish the rights of juries1 and so to protect the natural right of the citizens--the ,trial of ,john ,miller for reprinting ,junius's ,letter to the ,king1 in #aggj4 ,here are the facts4 ,mr4 ,miller was the publisher of a newspaper called the ,london ,evening ,post1 and therein1 on ,december #ai1 #agfi1 he reprinted ,junius's celebrated ,letter to the ,king4 ,for this act1 an information ex officio was laid against him1 wherein he was charged with publishing a false1 wicked1 seditious1 and malicious libel4 ,a suit had already been brought against ,woodfall1 the publisher of the ,public ,advertiser1 in which the letter originally appeared1 but the prosecution had not turned out to the satisfaction of the government1 nor had the great question been definitely settled4 ,so this action was brought against ,mr4 ,miller1 who reprinted the original letter the day of its first appearance4#abh ,footnote #abh3 #bj ,st4 ,tr4 #hjc1 #hie1 #hfi2 ,woodfall's ,junius 7,bohn1 #ahej71 ,preface1 p4 #id1 ,appendix1 p4 #dga2 #b ,campbell1 ,justices1 #cfc2 #e ,mahon4 ,solicitor-,general ,thurlow1--whom you have met before1 ,gentlemen1--opened the case for the ,crown1 and said3-- ,i have not of myself been able to imagine 444 that there is a serious man of the profession in the kingdom who has the smallest doubt whether this ought to be deemed a libel or not2 for ,i neither do1 nor ever will1 attempt to lay before a jury1 a cause1 in which ,i was under the necessity of stating a single principle that went to intrench1 in the smallest degree1 upon the avowed and acknowledged liberty of the subjects of this country1 even with regard to the press4 ,the complaint ,i have to lay before you is that that liberty has been so abused1 so turned to licentiousness1 444 that under the notion of arrogating liberty to one man1 that is the writer1 printer1 and publisher of this paper1 they do 444 annihilate and destroy the liberty of all men1 more or less4 ,undoubtedly the man that has indulged the liberty of robbing upon the highway1 has a very considerable portion of it allotted to him4 ,the defendant has published a paper1 in which1 concerning the ,king1 concerning the ,house of ,commons1 and concerning the great officers of ,state1 concerning the public affairs of the realm1 there are uttered things of such tendency and application as ought to be punished4 ,when we are come to that situation1 when it shall be lawful for any men in this country to speak of the sovereign ,george ,,iii4 in terms attempting to fix upon him such contempt1 abhorrence1 and hatred1 there is an end of all government whatsoever1 and then liberty is indeed to shift for itself4 ,he quotes from the paper3 ',he the king has taken a decisive personal part against the subjects of ,america1 and those subjects know how to distinguish the sovereign and a venal ,parliament1 upon one side1 from the real sentiments of the ,english nation upon the other4' ,for ,god's sake is that no libel8 ,to talk of the king as taking a part of an hostile sort against one branch of his subjects1 and at the same time to connect him 444 with the parliament which he calls a venal parliament2 is that no libel8 ,lord ,mansfield1--the bitterest enemy of the citizens' right of speech and of the trial by jury1--charged upon the jury1 ,the question for you to try 444 is1 whether the defendant did print1 or publish1 or both1 a paper of the tenor1 and of the meaning1 so charged by the information4 ,if it is of the tenor and meaning set out in the information1 the next consideration is1 whether he did print and publish it4 ,if you 444 find the defendant not guilty1 the fact established by that verdict is1 he did not publish a paper of that meaning2 the fact finally established by your verdict1 if you find him guilty1 is1 that he printed and published a paper1 of the tenor and of the meaning set forth in the information2 but you do not give an opinion 444 whether it is or not lawful to print a paper 444 of the tenor and meaning in the information2 if in point of fact it is innocent1 it would be an innocent thing4 ,thus practically the judge left the jury only one thing to determine1 ,did ,mr4 ,miller print ,junius's letter to the king8 ,that was a fact as notorious as it now is in ,boston that the ,daily ,advertiser supported the fugitive slave bill1 and helped its execution1 for the letter to the king was there in ,mr4 ,miller's journal as plainly as those defences of the fugitive slave bill were in the ,advertiser4 ,if the jury said guilty1 the court had the defendant in their claws1--and all the wrath of the most malignant tories would fall on him and rend him in pieces4 ,but the jury fell back on their legitimate function to determine the ,fact1 the ,law1 and the ,application of the law to the fact1 and returned a verdict1 ,not ,guilty1 which a great multitude repeated with loud acclaim6 99 99 99 99 99 #g4 ,next1 ,gentlemen1 ,i will relate a few cases in which the government set all justice at defiance and clove down the right of speech1 commonly packing submissive juries4 ,in #agij and following years1 while the ,french ,revolution was in progress1 the thoughtful eyes of ,england fell on the evils of her own country4 ,america was already a ,republic1 just recovering from the shock of violent separation from her mother1--young1 poor1 but not unprosperous1 and full of future promise too obvious to escape the sagacious politicians who there saw a cause-- ----with fear of change1 ,perplexing ,kings4 ,the people of ,france1 by a few spasmodic efforts1 broke the threefold chain of ,priest1 ,king1 and ,noble1 and began to lift up their head4 ,but ,saxon ,england is sober1 and so went to work more solemnly than her mercurial neighbor4 ,and besides1 the ,british people had already a firm1 broad basis of personal freedom to stand on4 ,much was thought1 written1 and spoken about reform in ,england1 then most desperately needing it4 ,the ,american ,revolution had ,english admirers whom no courts could silence4 ,nay1 at first the ,french ,revolution delighted some of the ablest and best men in ,britain1 who therein beheld the carrying out of the great ,principles which ,aristotle and ,machiavelli had laid down as the law of the historical development and social evolution of mankind4 ,they wished some improvement in ,england itself4 ,but of course there was a strong opposition made to all change4 ,parliament refused to relieve the evils which were made obvious4 ,the upper ,house of ,nobles was composed of the ,elder ,sons of the families which had a social and pecuniary interest in oppressing the people1 and the lower ,house consisted mainly of the ,younger ,sons of the same families1 or still worse the purchased dependents of their families4 ,societies were organized for ,reform1 such as the ,london ,corresponding ,society1 the ,friends of the ,people1 etc41 etc4 ,the last mentioned contained many literary1 scientific1 and political men1 and about thirty members of ,parliament4 ,great complaints were made in public at the inequality of ,representation in ,parliament4 ,stormy debates took place in ,parliament itself--such as we have not yet heard in ,america1 but which wicked and abandoned men are fast bringing upon us4 ,pitt and ,fox were on opposite sides4 ----and such a frown ,each cast at the other1 as when two black clouds1 ,with ,heaven's artillery fraught1 come rattling on ,over the ,caspian1 then stand front to front1 ,hovering a space1 till winds the signal blow ,to join their dark encounter in mid air4 ,at that time the ,house of ,commons was mainly filled with creatures of a few powerful men2 thus #ia commoners elected #aci members of the commons1 and #ga peers also elected #afc2 so #cjb ,british members of ,parliament1 besides #de more from ,scotland1--#cdg in all1--were returned by #afb persons4 ,this was called ,representation of the ,people4 ,from the party who feared to lose their power of tyranny1 there went out the decree1 ,discussion on the subject of national grievances must be suppressed1 in ,parliament and out of ,parliament4 ,violent attempts were made to suppress discussion4 ,in short1 the same efforts were made in ,england which were attempted in ,new ,york and ,boston in #ahej and the two following years1 till they were ended by a little sprinkling of dust4 ,but in ,britain the public mind is harsher than ever in ,america1 and the weapons which broke in the hand of ,old ,england were much more formidable than that which here so suddenly snapped1 and with such damage to the assassinating hand4 7#a47 ,in #agib1 ,john ,lambert and two others published an advertisement in the ,london ,morning ,chronicle1 with which they were connected as printers or proprietors1 addressed to the friends of free inquiry and the general good1 inviting them in a peaceful1 calm1 and unbiased manner to endeavor to improve the public morals in respect to law1 taxation1 representation1 and political administration4 ,they were prosecuted1 on ex officio information1 for a false1 wicked1 scandalous1 and seditious libel4 ,the government made every effort to secure their conviction4 ,but it failed4#abi ,footnote #abi3 #bb ,st4 ,tr4 #ibc4 7#b47 ,the same year1 ,duffin and ,lloyd1 two debtors in the ,fleet ,prison1 one an ,american citizen1 wrote on the door of the prison chapel this house to let2 peaceable possession will be given by the present tenants on or before the first day of ,january1 #agic1 being the commencement of liberty in ,great ,britain4 ,the republic of ,france having rooted out despotism1 their glorious example and success against tyrants renders infamous ,bastiles no longer necessary in ,europe4 ,they also were indicted for a wicked1 infamous1 and seditious libel1 and found guilty4 ,lloyd was put in the pillory6#acj ,footnote #acj3 #b ,st4 ,tr4 #agic4 7#c47 ,in #agic1 ,rev4 ,william ,frend1 of the ,university of ,cambridge1 published a harmless pamphlet entitled ,peace and ,union recommended to the associated bodies of ,republicans and anti-,republicans4 ,he was brought to trial1 represented as a heretic1 deist1 infidel1 and atheist1 and by sentence of the court banished from the university4#aca ,footnote #aca3 #bb ,st4 ,tr4 #ebc4--,so late as #ahbj1 the chief justice punished an editor with a fine of #ejj1 for publishing an account of a trial for high treason4 ,see #cc ,st4 ,tr4 #aefd1 also #bb ,st4 ,tr4 #bih2 #b ,campbell1 ,justices1 #cfc1 #cga et al4 7#d47 ,the same year1 ,john ,frost1 ,esq41 a gentleman and attorney1 when slightly intoxicated after dinner1 and provoked by others1 said1 ,i am for equality4 ,i see no reason why any man should not be upon a footing with another2 it is every man's birthright4 ,and when asked if he would have no king1 he answered1 ,yes1 no king2 the constitution of this country is a bad one4 ,this took place in a random talk at a tavern in ,london4 ,he was indicted as a person of a depraved1 impious1 and disquiet mind1 and of a seditious disposition1 and contriving1 practising1 and maliciously1 turbulently1 and seditiously intending the peace and common tranquillity of our lord the king and his laws to disturb1 to the evil example of all others in like case offending4 ,he was sentenced to six months in ,newgate1 and one hour in the pillory6 ,he must find sureties for good behavior for five years1 himself in #ejj1 two others in #ajj each1 be imprisoned until the sureties were found1 and be struck from the list of attornies6#acb ,footnote #acb3 #bb ,st4 ,tr4 #dga4 7#e47 ,rev4 ,william ,winterbotham1 the same year1 in two sermons1 exposed some of the evils in the constitution and administration of ,england1 and for that was fined #bjj1 and sentenced to jail for four years1--a good deal more than #cjj and twelve months' imprisonment4#acc ,footnote #acc3 ,ibid4 #hbc4 7#f47 ,the same year1 ,thomas ,briellat1 a ,london pump-maker1 in a private conversation said1 ,a reformation cannot be effected without a revolution2 we have no occasion for kings2 there never will be any good time until all kings are abolished from the face of the earth2 it is my wish that there were no kings at all4 ,i wish the ,french would land #ejj1jjj men to fight the government party4 ,he was tried1 found guilty1 and sentenced to a fine of #ajj1 and sent to jail for a year4#acd ,footnote #acd3 ,ib4 #iji4 7#g47 ,richard ,phillips1 afterwards ,sheriff of ,london1 was sent to jail for eighteen months for selling ,paine's ,rights of ,man2 for the same offence two other booksellers were fined and sent to ,newgate for four years6 ,a surgeon and a physician were sent to ,newgate for two years for having seditious libels in their possession4 ,thirteen persons were indicted at once4#ace ,footnote #ace3 ,ibid4 #dga4 ,wade1 ,brit4 ,hist4 7#ahdg71 #ehb1 et seq4 7#h47 ,in #agic a charge was brought against the ,rev4 ,thomas ,fyshe ,palmer1 formerly a ,senior ,fellow of ,queen's ,college1 ,cambridge1 and then a ,unitarian minister at ,dundee4 ,mr4 ,palmer wrote an ,address which was adopted at a meeting of the ,friends of ,liberty and published by them1 which1 in moderate language1 called on the ,people to join us in our exertions for the preservation of our perishing liberty1 and the recovery of our long lost rights4 ,he distributed copies of this address4 ,he was prosecuted for ,leasing-making1 for publishing a seditious and inflammatory writing4 ,the 7,scotch7 jury found him guilty1 and the judges sentenced him to transportation for seven years4 ,the sentence was executed with rigorous harshness4#acf ,footnote #acf3 #bc ,st4 ,tr4 #bcg2 ,belsham's ,history of ,george ,,iii4 7#i47 ,the same year ,thomas ,muir1 ,esq41 was brought to trial for ,leasing-making or public ,libel at ,edinburgh4 ,he was a promising young lawyer1 with liberal tendencies in politics1 desiring the education of the great mass of the people and a reform in ,parliament4 ,he was a member of various ,reform societies1 and sometimes spoke at their meetings in a moderate tone recommending only legal efforts--by discussion and petition--to remedy the public grievances4 ,his ,honor 7,mr4 ,curtis7 who belongs to a family so notoriously democratic in the beginning of this century1 and so eager in its denunciations of the ,federalists of that period1 knows that the law even of ,england--which they so much hated--allows all that4 ,it appeared that ,mr4 ,muir also lent a copy of ,thomas ,paine's ,rights of ,man to a mechanic who asked the loan as a favor4 ,for these offences he was indicted for sedition1 charged with instituting a ,society for ,reform1 and with an endeavor to represent the government of this country as oppressive and tyrannical1 and the legislative body as venal and corrupt4 ,it was alleged in the indictment that he complained of the government of ,england as costly1 the monarchy as useless1 cumbersome1 and expensive1 that he advised persons to read ,paine's ,rights of ,man1 and circulated copies of a periodical called the ,patriot1 which complained of the grievances of the people4 ,on trial he was treated with great insolence and harshness1 reprimanded1 interrupted1 and insulted by the agents of the government--the court4 ,an association of men had offered a reward of five guineas for the discovery of any person who circulated the writings of ,thomas ,paine4 ,five of the fifteen jurors were members of that association1--and in ,scotland a bare majority of the jurors convicts4 ,mr4 ,muir defended himself1 and that ably4 ,lord ,justice ,clark charged his packed jury3-- ,there are two things which you should attend to1 which require no proof4 ,the first is that the ,british ,constitution is the best in the world6 ,is not every man secure in his life1 liberty1 and property8 ,is not happiness in the power of every man8 ',does not every man sit safely under his own vine and fig-tree' and none shall make him afraid8 ,the other circumstance 444 is the state of the country during last winter4 ,there was a spirit of sedition and revolt going abroad4 ,i leave it for you to judge whether it was perfectly innocent or not in ,mr4 ,muir 444 to go about 444 among the lower classes of the people 444 inducing them to believe that a reform was absolutely necessary1 to preserve their safety and their liberty1 which1 had it not been for him1 they never would have suspected to have been in danger4 ,he ran a parallel between the ,french and ,english ,constitutions1 and talked of their respective taxes 444 and gave a preference to the ,french4 ,he has brought many witnesses to prove his general good behavior1 and his recommending peaceable measures1 and petitioning to ,parliament4 ,mr4 ,muir might have known that no attention could be paid to such a rabble1 what right had they to representation8 ,he could have told them the ,parliament would never listen to their petition6 ,how could they think of it8 ,a government in any country should be just like a corporation2 and in this country it is made up of the landed interest1 which alone has a right to be represented4 ,gentlemen1 you might think this speech was made by the ,castle ,garden ,committee1 or at the ,boston ,union ,meeting in #ahej1 but it comes from the year #agic4 ,of course the jury found him guilty3 the judges sentenced him to transportation for fourteen years6 ,lord ,swinton quoted from the ,roman law1 that the punishment for sedition was crucifixion1 or exposure to be torn to pieces by wild beasts1 or transportation4 ,we have chosen the mildest of these punishments4 ,this sentence was executed with great cruelty4 ,but ,mr4 ,pitt1 then in the high places of power1 declared these punishments were dictated by a sound discretion4#acg ,footnote #acg3 #bc ,st4 ,tr4 #aag2 #cj ,parl4 ,hist4 #adhf1 for ,adams' ,speech in ,commons4 ,for like offences several others underwent the same or similar punishment4 ,but these enormities were perpetrated by the government in ,scotland--where the ,roman ,law had early been introduced and had accustomed the ,semi-,saxons to forms of injustice foreign to the ethnologic instinct and historic customs of the parent tribe4 ,but begun is half done4 ,emboldened by their success in punishing the friends of ,humanity in ,scotland1 the ministry proceeded to attempt the same thing in ,england itself4 ,then began that ,british ,reign of ,terror1 which lasted longer than the ,french1 and brought the liberties of the ,people into such peril as they had not known since ,william of ,orange hurled the last of the ,stuarts from his throne4 ,dreadful laws were passed1 atrocious almost as our own fugitive slave bill4 ,first came the ,traitorous correspondence ,bill2 next the ,habeas ,corpus ,suspension ,act2 and then the ,seditious ,practices ,act1 with the ,treasonable ,attempts ,bill by legislative exposition establishing constructive treason6 ,all these iniquitous measures were brought forward in ,parliament by ,sir ,john ,scott--then ,attorney-,general1 one of those ,north ,britons who find the pleasantest prospect in ,scotland is the road to ,london4 ,he also was vehemently active in defending the tyranny of the ,scotch judges just referred to1 as indeed all judicial insolence and legal wrong4#ach ,he opposed all attempts to reform the law which punished with death a theft of five shillings4 ,in two years there were more prosecutions for seditious libel than in twenty before4 ,but ,scott had his reward1 and was made ,lord ,chancellor in #ahja1 and elevated to the peerage as ,lord ,eldon4#aci ,footnote #ach3 #cj ,parl4 ,hist4 #eha2 #ca ,parl4 ,hist4 #ebj1 #ibi1 #aaec1 et al42 #cb ,parl4 ,hist4 #cgj4 ,footnote #aci3 #g ,campbell1 #aai2 #a ,townsend's ,judges2 ,life of ,vic4 ,gibbs4 #h4 ,then came that series of trials for high treason which disgraced the ,british nation and glutted the sanguinary vengeance of the court4 ,the government suborned spies to feign themselves radicals1 join the various ,reform ,societies1 worm themselves into the confidence of patriotic and philanthropic or rash men1 possess themselves of their secrets1 catch at their words1 and then repeat in court what they were paid for fabricating in their secret haunts4 ,a ridiculous fable was got up that there was a plot to assassinate the ,king6 ,many were arrested1 charged with treason--constructive treason4 ,on the evidence of spies of the government1 hired informers--such men1 ,gentlemen of ,jury1 as ,commissioner ,loring and ,marshal ,freeman jointly made use of last year to kidnap ,mr4 ,burns--estimable men were seized and locked up in the most loathsome dungeons of the kingdom1 with intentional malignity confined amongst the vilest of notorious criminals4 ,the judges wrested the law1 constructing libels1 seditions1 misdemeanors1 treasons--any crime which it served their purpose to forge out of acts innocent1 or only rash or indiscreet4 ,juries were packed by bribed sheriffs1 and purchased spies were brought in evidence to swear away the liberty or the life of noble men4 ,one of the government witnesses was subsequently convicted of ten perjuries6 ,no man was safe who dared utter a serious word against ,george ,,iii4 or ,mr4 ,pitt4 ,here1 ,gentlemen1 ,i shall mention two cases of great importance in which the jury did their duty and turned the stream of ministerial and judicial tyranny4 7#a47 ,in #agid in a bill suspending the ,habeas ,corpus1 ,parliament declared that a treacherous and detestable conspiracy had been formed for subverting the existing laws and constitution1 and for introducing the system of anarchy and violence which had lately prevailed in ,france4 ,soon after the grand-jury for ,middlesex indicted twelve men for high treason2 they were members of some of the ,societies mentioned just now4 ,the overt act charged against them was1 that they had engaged in a conspiracy to call a convention1 the object of which was to bring about a revolution in the country1 but it was not alleged that there was any plot against the ,king's life1 or any preparation for force4#adj ,thomas ,hardy1 a shoemaker1 was first brought to trial4 ,the trial began ,october #bh1 #agid1 just sixty years before ,mr4 ,curtis's grand-jury found a bill against me4 ,sir ,john ,scott1 the attorney-general1 in opening the ,prosecution1 made a speech nine hours' long1 attempting to construct treason out of belonging to a society4 ,all who belonged to it were to be considered guilty of compassing the death of our ,lord the ,king4 ,chief ,justice ,eyre1 in addressing the grand-jury1 referred to the act of ,parliament as proof of a conspiracy4#ada ,mr4 ,erskine defended ,hardy in a speech which will live forever4 ,seldom had ,english ,liberty been in such peril2 never did ,english lawyers more manfully defend it4 ,the jury1 a ,london jury1 returned ,,not ,,guilty4#adb ,gentlemen1 the report of the trial occupies more than twelve hundred pages in this volume1#adc and it shook the nation4 ,the ,british juries for a long time had slept on their post1 and allowed the enemy to enter the camp and murder its inmates4 ,but the trial of ,hardy woke up those heedless sentinels1 and ,liberty was safe--in ,england1 ,i mean4 ,footnote #adj3 #f ,campbell1 #cff4 ,footnote #ada3 #cd ,george ,,iii4 c4 #ed4 ,footnote #adb3 #bd ,st4 ,tr4 #aii2 ,annual ,register1 #agid1 p4 #bgd2 #ca ,parl4 ,hist4 #ajfb1 et al4 ,footnote #adc3 #bd ,st4 ,tr4 7#b47 ,still the infatuated government went on1 not conscious of the spirit of ,anglo-,saxon liberty it had at last roused from long1 heavy and deathlike sleep1 and eleven days after brought ,mr4 ,john ,horne ,tooke to trial4 ,you remember1 ,gentlemen1 that on the first anniversary of the ,declaration of ,independence1 he was tried for publishing a notice of a meeting which raised #ajj for the widows and orphan children of our citizens who fell at ,lexington on the #aith of ,april1 #agge1 and for that offence was punished with fine and imprisonment4#add ,after the acquittal of ,hardy1 the government brought ,mr4 ,tooke to trial1 relying on the same evidence to convict him which had so signally failed a fortnight before4 ,the overt act relied on to convict him of levying war and compassing the death of our ,lord the ,king1 was membership of a ,reform society6 ,mr4 ,erskine defended him3 ,i will assert the freedom of an ,englishman2 ,i will maintain the dignity of man1 ,i will vindicate and glory in the principles which raised this country to her preminence among the nations of the earth2 and as she shone the bright star of the morning to shed the light of liberty upon nations which now enjoy it1 so may she continue in her radiant sphere to revive the ancient privileges of the world which have been lost1 and still to bring them forward to tongues and people who have never known them yet1 in the mysterious progression of things4#ade ,footnote #add3 ,see above1 p4 #ce4 ,footnote #ade3 #be ,st4 ,tr4 #a4 ,gentlemen1 ,horne ,tooke was acquitted--the government routed and overwhelmed with disgrace1 gave up the other prosecutions1 and the treason trials ended4 ,even ,george ,,iii4 had wit enough left to see the blunder which his ministers--the ,slave ,power of ,england in #agid--;had committed1 and stammered forth1 ,you have got us into the wrong box my ,lord ,loughborough2 you have got us into the wrong box4 ,constructive treason won't do my ,lord2 constructive treason won't do4 ,by and by1 ,gentlemen1 other men1 wiser than poor feeble-minded ,george ,,iii41 will find out that constructive misdemeanors won't do4 ,of these trials1 ,mr4 ,campbell1 himself a ,judge1 declares1 ,this the conduct of the government was more exceptionable in principle than any thing done during the reign of ,charles ,,ii42 for then the fabricators of the ,popish ,plot did not think of corroborating the testimony of ,oates and ,bedloe by a public statute2 and then1 if the facts alleged had been true1 they would have amounted to a plain case of actual treason2 whereas here1 admitting the truth of all the facts alleged1 there was no pretence for saying that any treason contemplated by the legislature had been committed4 ,if this scheme had succeeded1 not only would there have been a sacrifice of life contrary to law1 but all political 'agitation' must have been extinguished in ,england1 as there would have been a precedent for holding that the effort to carry a measure by influencing public opinion through the means openly resorted to in our days1 is a 'compassing the death of the sovereign4' ,the only chance of escaping such servitude would have been civil war4 ,it is frightful to think of the perils to which the nation was exposed4444 ,but ,erskine and the crisis were framed for each other4444 ,his contemporaries1 who without him might have seen the extinction of freedom among us1 saw it1 by his peculiar genius1 placed on an imperishable basis4#adf ,but ,erskine without a ,jury1 ,gentlemen1 what could he have done8 ,he could only wail1 ,o ,jerusalem1 ,jerusalem--when she would not6 ,footnote #adf3 #e ,campbell1 #cfg4 99 99 99 99 99 ,now1 ,gentlemen1 let us come over to this side of the water4 ,i shall mention some cases in which the ,jury have manfully done their duty1 some others in which they have allowed themselves to be browbeaten and bullied by a judge1 and so have done the greatest wrong4 #a4 ,first look at the famous case of ,john ,peter ,zenger4#adg ,here are the facts4 ,in #agcc1 ,mr4 ,zenger established a newspaper in ,new ,york--there was only one there before--called the ,new ,york ,weekly ,journal1 containing the freshest ,advices foreign and domestic4 ,in some numbers of this he complained1 modestly enough1 of various grievances in the administration of the ,province1 then ruled by ,governor ,cosby4 ,he said1 as matters now stand their the ,people's liberties and properties are precarious1 and that ,slavery is likely to be entailed on them and their posterity1 if some past things be not amended4 ,he published the remarks of some one who said he should be glad to hear that the ,assembly would exert themselves1 as became them1 by showing that they have the interest of their country more at heart than the gratification of any private view of any of their members1 or being at all affected by the smiles or frowns of a ,governor1 both which ought equally to be despised when the interest of the country is at stake4 ,we see men's deeds destroyed1 judges arbitrarily displaced1 new courts erected without consent of the legislature1 by which1 it seems to me1 trials by juries are taken away when a ,governor pleases4 ,who1 then1 in that province can call any thing his own1 or enjoy any liberty longer than those in the administration will condescend to let him do it8 ,footnote #adg3 #c ,doc4 ,hist4 ,n4,y4 p4 #cdj1 #cda4 ,in ,october1 #agcd1 ,chief ,justice de ,lancey gave a charge to the ,grand-,jury1 urging them to indict ,mr4 ,zenger for a libel4 ,he says1 ,it is a very high aggravation of a libel that it tends to scandalize the government by reflecting on those who are intrusted with the administration of public affairs1 which 444 has a direct tendency to breed in the public a dislike of their ,governors4 ,if he who hath either read a libel himself1 or hath heard it read by another1 do afterwards maliciously read or report any part of it in the presence of others1 or lend or show it to another1 he is guilty of an unlawful publication of it4 ,but the ,judge had not packed the ,grand-,jury with sufficient care1 and so no bill was found4 ,thereupon the ,governor's ,council sent a message to the ,general ,assembly of ,new ,york1 complaining of ,mr4 ,zenger's ,journal as tending to alienate the affections of the people of this province from his majesty's government1 and asking them to inquire into the said papers and the authors thereof2 the ,council required that the obnoxious numbers might be burned by the hands of the common hangman or whipper1 near the pillory4 ,the ,assembly let them lie on the table4 ,the ,court of ,quarter-sessions was applied to to burn the papers2 but as that body refused1 the sheriff delivered them unto the hands of his own negro1 and ordered him to put them into the fire1 which he did4 ,mr4 ,zenger was imprisoned by a warrant from the ,governor1 a lettre de cachet1 and for several days denied the use of pen1 ink1 and paper1 and the liberty of speech with any person4 ,an ex officio information was brought against him1 charging him with malicious and seditious libel4 ,his counsel1 ,messrs4 ,alexander and ,smith1 took exceptions to the proceedings4 ,the ,chief ,justice would neither hear nor allow the exceptions1 for said he1 you thought to have gained a great deal of applause and popularity by opposing this court 444 but you have brought it to that point1 that either we must go from the bench or you from the bar1 therefore we exclude you4 ,so for contempt of court their names were struck from the list of attorneys4 ,the case came on for trial4 ,the clerk of the ,court sought to pack his jury1 and instead of producing the ,freeholders' book to select the ,jury from1 presented a list of forty-eight persons which he said he had taken from that book4 ,this ,honorable ,court knows how easy it is to violate the law in summoning jurors2 none knew it better a hundred and twenty years ago4 ,of the #dh some were not freeholders at all2 others held commissions and offices at the ,governor's pleasure2 others were of the late displaced magistrates who had a grudge against ,mr4 ,zenger for exposing their official conduct2 besides1 there were the governor's baker1 tailor1 shoemaker1 candle-maker1 and joiner4 ,but it does not appear that this ,judge had any ,brother-in-law on the list2 corruption had not yet reached that height4 ,but that wicked list was set aside after much ado1 and a ,jury summoned in the legal manner4 ,it may astonish the ,court but it was really done--and a ,jury summoned according to law4 ,the trial went on4 ,andrew ,hamilton of ,philadelphia defended ,mr4 ,zenger with law1 wit1 learning1 and eloquence4 ,he admitted the fact of printing and publishing the documents1 and rested the defence on the truth of their assertions4 ,the ,attorney-,general1 ,mr4 ,bradley1 said1 supposing they were true1 the law says that they are not the less libellous for that3 nay1 indeed1 the law says1 their being true is an aggravation of the crime4 ,he did not know what could be said in defence of a man that had so notoriously scandalized the governor and principal magistrates 444 by charging them with depriving the people of their rights and liberties1 and taking away trials by juries1 and in short putting an end to the law itself4 ,if this was not a libel1 he did not know what was one4 ,such persons as did take these liberties 444 ought to suffer for stirring up sedition and discontent among the people4 ,the ,chief ,justice declared1 ,it is far from being a justification of a libel that the contents thereof are true 444 since the greater appearance there is of truth1 so much the more provoking is it6 ,the jury may find that ,mr4 ,zenger printed and published these papers1 and leave it to the court to judge whether they are libellous6 ,that would be to put the dove's neck in the mouth of the fox1 and allow him to decide whether he would bite it off4 ,mr4 ,hamilton replied3-- ,this of leaving it to the judgment of the court whether the words are libellous or not1 in effect renders ,juries useless 7to say no worse71 in many cases4 ,if the faults1 mistakes1 nay even the vices of such a person be private and personal1 and don't affect the peace of the public1 or the liberty or property of our neighbor1 it is unmanly and unmannerly to expose them1 either by word or writing4 ,but1 when a ruler of the people brings his personal failings1 but much more his vices1 into his administration1 and the people find themselves affected by them1 either in their liberties or properties1 that will alter the case mightily2 and all the high things that are said in favor of rulers and of deputies1 and upon the side of power1 will not be able to stop people's mouths when they feel themselves oppressed1 ,i mean in a free government4 ,it is true in times past it was a crime to speak truth2 and in that terrible court of ,star-,chamber many worthy and brave men suffered for so doing2 and yet even in that court1 and in those bad times1 a great and good man durst say1 what ,i hope will not be taken amiss of me to say in this place1 namely1 ',the practice of informations for libels is a sword in the hands of a wicked king1 and an arrant coward1 to cut down and destroy the innocent2 the one cannot because of his high station1 and the other dares not1 because of his want of courage1 redress himself in another manner4' ,it is a right which all persons claim and are entitled to1 to complain when they are hurt2 they have a right publicly to remonstrate against the abuses of power1 in the strongest terms2 to put their neighbors upon their guard against the craft or open violence of men in authority2 and to assert with courage the sense they have of the blessings of liberty1 the value they put upon it1 and their resolution at all hazards to preserve it as one of the greatest blessings ,heaven can bestow4 ,it is a duty which all good men owe to their country1 to guard against the unhappy influence of ill men when intrusted with power1 and especially against their creatures and dependants1 who as they are generally more necessitous1 are surely more covetous and cruel4 ,according to the ,judge the ,jury had only one question before them1 ,did ,zenger publish the words charged in the information8 ,that fact was clear2 nay1 he did not himself deny it4 ,he confessed it in court4 ,but the jury fell back on their rights and duties to decide the ,question of ,fact1 of ,law1 and of the ,application of the ,law to the ,fact1 and returned ,,not ,,guilty1 upon which there were three huzzas in the ,hall4 ,had this ,honorable ,court been then in existence ,i suppose it would have talked of indicting the jurors for perjury1 and would doubtless have had its labor for its pains4 ,for the ,common ,council of ,new ,york presented ,mr4 ,hamilton with a costly gold box and the freedom of the city4 ,gentlemen1 this took place one hundred and twenty years ago4 ,forty years before the ,revolution1 ,andrew ,hamilton helped lay the brilliant foundation of liberty1 whereon another ,hamilton was also to raise up noble walls of freedom4 ,gentlemen of the ,jury1 by ,wisdom is a house builded1 but the foolish plucketh it down with her own hands4 ,will you allow that to be done8 ,what if the jury in #agce had been faithless8 ,the axe which smote down ,zenger in ,new ,york1 bloody and cruel1 would have shorn off the heads of ,otis and ,quincy1 and ,adams and ,hancock at ,boston2 the family of ,scroggs alone would be held in honor in ,new ,england4#adh ,footnote #adh3 #ag ,st4 ,tr4 #fge4 ,gentlemen1 it once happened in ,new ,york that ,governor ,nicholson was offended with one of the clergymen of the ,province4 ,he met him on the road one day1 and as it was usual with him 7under the protection of his commission7 used the poor minister with the worst of language1 threatened to cut off his ears1 slit his nose1 and at last to shoot him through the head4 ,the minister1 being a reverend man1 continued all this time uncovered in the heat of the sun1 until he found an opportunity to fly for it1 and coming to a neighbor's house fell ill of a fever and wrote for a doctor1 relating the facts and concluding that the governor was crazy1 for no man in his right mind would behave so ill4 ,the doctor showed the letter2 the governor brought a prosecution against the minister for publishing a scandalous1 wicked1 and seditious libel4 ,no doubt he could have found a judge even then who would twist the law so as to make the letter sedition and libel2 nay1 perhaps he could construct a jury so as to secure a conviction1 but before it reached trial the prosecution was stopped by the order of ,queen ,anne4 #b4 ,in #ahaf1 in ,massachusetts1 there occurred the celebrated case of ,commonwealth vs4 ,bowen1 to which ,i shall again refer in a subsequent part of this defence4 ,these are the facts4 ,in ,september1 #ahae1 ,jonathan ,jewett was convicted of murder in ,hampshire county1 ,massachusetts1 and sentenced to be hanged on the #ith of the following ,november4 ,he was confined at ,northampton1 and hung himself in his cell on the night preceding the morning appointed for his public execution4 ,george ,bowen was confined in the same jail1 in an apartment adjacent to ,jewett's1 and in such a situation that they could freely converse together4 ,bowen repeatedly and frequently advised and urged ,jewett to destroy himself and thus disappoint the sheriff and the expectant people4 ,he did so1 and the coroner's jury returned that he committed suicide4 ,but nevertheless1 ,bowen was indicted for the wilful murder of ,jewett4 ,it was charged that he feloniously1 wilfully1 and of his malice aforethought1 did counsel1 hire1 persuade1 and procure the said ,jewett the said felony and murder of himself to do and commit2 or that he himself murdered the said ,jewett by hanging him4 ,at the trial ,attorney-,general ,perez ,morton contended that ,bowen was guilty of murder as principal2 and he cited and relied chiefly on the following authority from the ,reports of our old friend ,kelyng4 ,memorandum1 that my brother ,twisden showed me a report which he had of a charge given by ,justice ,jones to the grand-jury1 at the ,king's ,bench barre1 ,michaelmas ,term1 #i ,car4 #a1 in which he said1 that poisoning another was murder at common law4 ,and the statute of #a ,ed4 #f1 was but declaratory of the common law1 and an affirmation of it4 ,if one drinks poison by the provocation of another1 and dieth of it1 this is murder in the person that persuaded it4 ,and he took this difference4 ,if ,a4 give poison to ,j4,s4 to give to ,j4,d41 and ,j4,s4 knowing it to be poison1 give it to ,j4,d4 who taketh it in the absence of ,j4,s41 and dieth of it2 in this case ,j4,s41 who gave it to ,j4,d41 is principal2 and ,a4 who gave the poison to ,j4,s41 and was absent when it was taken1 is but accessory before the fact4 ,but if ,a4 buyeth poison for ,j4,s41 and ,j4,s41 in the absence of ,a41 taketh it and dieth of it1 in this case ,a41 though he be absent1 yet he is principal4 ,so it is if ,a4 giveth poison to ,b4 to give unto ,c42 and ,b41 not knowing it to be poison1 but believing it to be a good medicine1 giveth it to ,c41 who dieth of it2 in this case ,a41 who is absent1 is principal1 or else a man should be murdered1 and there should be no principal4 ,for ,b41 who knoweth nothing of the poison1 is in no fault1 though he gave it to ,c4 ,so if ,a4 puts a sword into the hands of a madman1 and bids him kill ,b4 with it1 and then ,a4 goeth away1 and the madman kills ,b4 with the sword1 as ,a4 commanded him1 this is murder in ,a41 though absent1 and he is principal2 for it is no crime in the madman1 who did the fact by reason of his madness4#adi ,footnote #adi3 ,see the case in ,kelyng's ,reports 7,london1 #agjh71 p4 #eb4 ,the opinion of ,justice ,jones was only the charge of an inferior judge given to the grand-jury in #afcd4 ,mr4 ,morton also laid down this as law1 the adviser of one who commits a felony of himself is a murderer4 ,he might have added1 the adviser of one who breaks into his own house is a burglar4 ,chief ,justice ,parker--who once declared that the jury had nothing to do with the harshness of a law--charged the jury that the important question for them was1 ,did ,bowen's advice induce ,jewett to kill himself8 if so1 they were to find him guilty of wilful murder6 ,the community has an interest in the public execution of criminals the crowd having an interest in the spectacle and to take such an one out of the reach of the law by advising him to self-destruction is no trivial offence4 ,you are not to consider the atrocity of this offence in the least degree diminished by the consideration that justice was thirsting for its sacrifice2 and that but a small portion of ,jewett's earthly existence could1 in any event1 remain to him4#aej ,footnote #aej3 #ac ,mass4 ,rep4 #cef4 ,there was no doubt that ,bowen advised ,jewett to commit suicide2 but the jury1 in defiance of the judge's charge and ,mr4 ,kelyng's law1 nevertheless returned ,,not ,,guilty4 ,here1 ,gentlemen1 is a remarkable instance of a judge1 in private a benevolent man1 perverting his official power1 and constructing the crime of murder out of advice given to a man to anticipate a public execution by privately hanging himself6 ,the law relied on was the ,memorandum of the charge to a grand-jury made by a judge who notoriously broke the fundamental laws of ,england1 by declaring that the king had a constitutional right to imprison1 at will and as long as he liked1 any of his subjects without trial1 even members of ,parliament for words uttered in public debate2 and also the right to levy ship-money contrary to the ,acts of ,parliament4 ,this charge was made in the tyrannical reign of ,charles ,i4 in #afcd1 by a tyrannical judge4 ,there was no report1 only a memorandum of it1 and that not printed till seventy-four years after6 ,it had not the force of law even then3 it was only the memorandum of the opinion of a single judge1 not even the opinion of the full court4 ,the memorandum is contained in ,kelyng's ,book1 which ,lord ,campbell calls a folio volume of decisions in criminal cases1 which are of no value whatever1 except to make us laugh at some of the silly egotisms with which they abound4#aea ,on such authority in #ahaf would even a ,massachusetts court1 with a judge who was a kindly man in private1 dash away the life of a fellow-creature1--with such mockery of law6 ,but1 ,gentlemen1 the jury at that time did not slumber2 they set the matter right1 and did justice spite of ,judge ,kelyng and his law4 ,they made nothing of the judge's charge6 ,footnote #aea3 #b ,campbell1 ,judges1 #djf4 99 99 99 99 99 ,gentlemen of the ,jury1 ,i will now mention some cases of gross injustice perpetrated by the ,federal ,courts of the ,united ,states4 ,the tenth article of amendments to the ,constitution provides that powers not delegated to the ,united ,states by the ,constitution1 nor prohibited by it to the ,states1 are reserved to the ,states respectively1 or to the ,people4 ,the ,constitution itself confers no ,common ,law ,jurisdiction on the ,government4 ,neither the ,people nor their ,representatives had ever decreed the ,common ,law of ,england to be a part of the law of the ,united ,states4 ,yet1 spite of the absence of positive enactment and the express words of the above amendment to the ,constitution1 the ,supreme ,court at once assumed this jurisdiction4 ,in #agii1 ,chief ,justice ,ellsworth said1 the ,common ,law of this country remains the same as it was before the ,revolution2#aeb and proceeded on that supposition to exercise the powers of ,english ,judges of ,common ,law1 undertaking to punish men for offences which no ,act of ,congress forbid4 ,you see at once what monstrous tyranny would follow from that usurpation4 ,had the ,english ,common ,law power of punishing for seditious libel1 for example1 been allowed to the ,federal court1 ,gentlemen1 you know too well what would follow4 ,but this monstrous assumption was presently brought to an ignominious end2 and strange as it may appear1 by one of the judges of the court itself4 ,samuel ,chase of ,maryland1 one of the signers of the ,declaration of ,independence1 had been an ,anti-,federalist and a strong ,state-,right's man1 as such insisting on a strict construction of the ,constitution4 ,singular as it may appear he was made a ,judge in #agif1 and what is yet more surprising1 in #agih1 declared the ,united ,states as a ,federal government1 had no ,common ,law1 and thus ended this claim4#aec ,but tyranny did not end2 nay1 he himself1 a man of uncommon powers and legal attainments1 became a most atrocious example of ,judicial despotism4 ,footnote #aeb3 ,wharton1 ,state ,trials1 #fec4 ,see too ,virginia ,resolutions 7,richmond1 #ahej71 ,preface1 xiii4 et seq42 ,virginia ,resolutions by ,madison1 and his ,report thereon2 ,kentucky ,resolutions by ,jefferson1 in #d ,eliot's ,debates 7#ahcf74 ,footnote #aec3 ,wharton1 #aig2 #c ,dallas1 #chd2 see #e ,hildreth1 #bcj4 #a4 ,in #agia a direct tax was levied by ,act of ,congress on all lands and houses2 excise officers were to ascertain their value4 ,the ,alien and ,sedition ,laws were also passed the same year4 ,the execution of the law relative to the direct tax was resisted in ,northampton county1 ,penn41 and some prisoners rescued from an officer of the ,united ,states4 ,the ,president1 ,mr4 ,adams1 issued his proclamation4 ,in #agii ,john ,fries was arrested on the charge of treason4 ,the overt act alleged was resistance to that one special law of ,congress4 ,judge ,iredell charged the ,grand-,jury1 ,you have heard the government as grossly abused as if it had been guilty of the vilest tyranny4 ,had he read the private correspondence of the ,cabinet1 he might have found other specimens of abuse4 ,he defended both the ,alien and ,sedition ,laws4--,they were constitutional and proper4#aed ,footnote #aed3 ,see a defence of them in #b ,gibbs's ,administration1 #gd1 #gh2 also #afb4 ,mr4 ,fries was indicted for treason4 ,the ,judiciary ,act of ,congress of #aghi provides that in cases punishable with death the trial shall be had in the county where the offence was committed2 or when that cannot be done without great inconvenience1 twelve petit jurors at least shall be summoned from thence4 ,the offence was committed in ,northampton county1 and he was indicted and brought to trial in ,philadelphia county1 nor could the court be induced to comply with the statute6 ,the government laid down the law and constructed treason with the usual ingenuity of officials working by the job4 ,judge ,kelyng's loose opinion that an attack on a brothel was high treason1 was cited by ,mr4 ,rawle1 the ,district ,attorney1 as good law4#aee ,what in ,england is called constructive levying of war1 in this country must be called direct levying of war4 ,judge ,peters charged that though force was necessary to constitute the crime of treason1 yet the quantum of force is immaterial1 of course it may be wielding a wheat straw1 or a word1 ,i suppose4 ,the doctrine of constructive treason has produced much real mischief in another country ,england4 ,the greater part of the objections to it are irrelevant here4 ,footnote #aee3 ,wharton1 #eci2 ,kelyng1 ,r4 #gj1 #ge4 ,fries was found guilty4 ,his counsel moved for a new trial1 on the ground that before the trial one of the jurors had declared1 ,fries ought to be hung2 ,i myself shall be in danger unless we hang them all2 that the jurors were irregularly drawn1 and the trial was not held in the county where the offence was committed4 ,judge ,iredell ruled that it was a high contempt at this time to call for a renewal of an argument whereon a solemn1 decisive opinion was delivered4 ,judge ,peters declared the juror had said no more than all friends to the laws and the government were warranted in thinking and saying4 ,yet a new trial was granted4 ,the new trial was held before ,judge ,chase1 who had1 as ,mr4 ,wharton says1 a singular instinct for tumults which scents it at a distance 444 and irresistibly impels a participation in it1 moving perpetually with a mob at his heels4 ,yet apart from his criminal jurisdiction he was reckoned a wise and impartial judge1 a master of the ,common ,law1 and a thorough and indefatigable administrator of public functions4 ,it was this despotic ardor of temperament 444 which made him1 when a young man1 employ with resolute audacity the engine of popular revolt1 and which led him when older1 and when in possession of that power against which he had so steadily warred1 to wield with the same vigor the sword of constituted authority4#aef ,gentlemen1 he was like many that this ,honorable ,court perhaps have known1 who were privateering ,democrats in #ahab1 and ,kidnapping ,whigs in #ahej4 ,to him we are indebted for the invaluable decision that the ,united ,states courts have no ,common ,law jurisdiction4 ,footnote #aef3 #d ,hildreth1 #ega2 #a ,gibbs1 #cjj2 #b ,gibbs1 #dai4 ,at this new trial he treated the defendants' counsel in such a manner that they abandoned the case1 and left the ,prisoner without defence4 ,the ,district ,attorney1 taking his law from ,kelyng and similar servants of ,british despots1 laid it down that treason may consist in assembling together in numbers1 and by actual force1 or by terror1 opposing any particular law2 ,force need not be used to manifest this spirit of rebellion4 ,even if the matter made a grievance of was illegal1 the demolition of it in this way was1 nevertheless1 treason1 a rising with intent by force to prevent the execution of a law 444 preventing the marshal executing his warrants1 and preventing the other officers 444 amounted to levying war4 ,in short an opposition to the acts of ,congress in whole or in part that is to any one law 444 either by collecting numbers1 or by a display of force 444 which should operate 444 either throughout the ,united ,states1 or in any part thereof to procure a repeal or a suspension of the law 444 this offence be considered to be strictly treason4 ,judge ,chase laid it down as law not to be questioned in his court1 that any 444 rising of any body of the people 444 to attain by force 444 any object of a great public nature 444 is a levying of war3 any such 444 rising to resist 444 the execution of any statutes of ,united ,states 444 or for any other object of a general nature or national concern1 under any pretence as that the statute was unjust 444 or unconstitutional is a levying war2 any force 444 will constitute the crime of levying war4 ,if that be law1 then an old negro woman who1 with a dishcloth1 frightens officer ,butman away from kidnapping her granddaughter in ,southac street1 does thereby levy war against the ,united ,states and commits the crime of treason4 ,the jury1 overborne by the assumptions of the judge1 or ignorant of their duties and their rights1 allowed this tyrannical court to have its way1 surrendered the necks of the people1 and brought in a verdict of guilty4 ,judge ,chase made an insolent address to the prisoner and sentenced him to death4 ,but ,mr4 ,adams1 with a remarkable degree of justice1 gave him a full pardon1 and drew down upon himself thereby the wrath of his cabinet4#aeg ,footnote #aeg3 ,wheaton1 #deh2 #i ,adams's ,works1 #eg2 #b ,gibbs1 #cfj2 #e ,hildreth1 #cff2 ,chase's ,trial1 #ah4 #b4 ,in #aghh ,mathew ,lyon1 a native of ,ireland1 a ,revolutionary soldier1 a member of congress1 and editor of a newspaper in ,vermont1 was brought to trial under the ,sedition ,law1 for a false1 malicious1 and seditious libel4 ,he had published in his newspaper a somewhat severe attack on the ,federalists then in power4 ,the article1 alleged to be seditious1 was a letter written and mailed at the seat of government seven days before1 and published nine days after1 the passage of the ,sedition ,law itself4 ,it was as much a political trial1 ,gentlemen1 as this--purely political4 ,judge ,patterson--,united ,states ,circuit ,judge of ,vermont--charged that the jury had nothing whatever to do with the constitutionality of the ,sedition ,law4 ,congress has said that the author and publisher of seditious libels is to be punished4 ,the only question you are to determine is 444 ,did ,mr4 ,lyon publish the writing8444 ,did he do so seditiously1 with the intent of making odious or contemptible the ,president and government1 and bringing them both into disrepute8 ,mr4 ,lyon was found guilty1 and punished by a fine of #a1jjj and imprisonment for four months4 ,the ,seditious ,libel would now be thought a quite moderate ,editorial or ,letter from our ,correspondent4 ,his imprisonment was enforced with such rigor that his constituents threatened to tear down the jail1 which he prevented4#aeh ,footnote #aeh3 ,wharton1 #ccc2 #d ,jefferson's ,works 7#ahec71 #bfb4 #c4 ,in #agii ,thomas ,cooper1 a native of ,england1 residing at ,northumberland1 ,pennsylvania1 published a handbill reflecting severely on the conduct of ,president ,adams4 ,he was prosecuted by an ,information ex officio1 in the ,circuit ,court for ,pennsylvania1 and brought to trial before ,judge ,chase1 already referred to1 charged with a false1 scandalous1 and malicious attack on the ,president4 ,mr4 ,chase charged the jury1 ,a ,republican government can only be destroyed in two ways3 the introduction of luxury1 or the licentiousness of the press4 ,this latter is the more slow1 but most sure and certain means of bringing about the destruction of the government4 ,he made a fierce and violent harangue1 arguing the case against the defendant with the spirit which has since become so notorious in the ,united ,states courts in that ,state4 ,the pliant jury found ,mr4 ,cooper guilty1 and he was fined #djj and sent to jail for six months4 ,he subsequently became a judge in ,pennsylvania1 as conspicuous for judicial tyranny as ,mr4 ,chase himself1 and was removed by ,address of the ,legislature from his seat1 but afterwards went to ,south ,carolina where he became ,professor at her college1 and a famous nullifier in #ahcj4aei ,footnote #aei3 ,wharton1 #fei4 #d4 ,in #agii1 or #ahjj1 ,mr4 ,callender1 a native of ,england1 then residing at ,richmond1 in ,virginia--a base and mean fellow1 as his whole history proved1 depraved in morals and malignant in temper--published a pamphlet called ,the ,prospect before us1 full of the common abuse of ,mr4 ,adams and his administration4 ,he was indicted for a false1 malicious1 and seditious libel1 and brought to trial before ,judge ,chase who pressed the ,sedition ,law with inquisitorial energy and executed it with intolerant rigor4#afj ,as he started for ,richmond to hold the trial1 he declared he would teach the lawyers in ,virginia the difference between the liberty and the licentiousness of the press4 ,he told the marshal not to put any of those creatures called ,democrats on the jury1--it does not appear that he had his own ,brother-in-,law on it however2--he likened himself to a schoolmaster who was to turn the unruly boys of the ,virginia courts over his knee and give them a little wholesome chastisement4 ,footnote #afj3 ,wharton1 #de1 #fhh2 ,chase's ,trial1 #cc2 #d ,jefferson1 #dde1 #ddg4 ,some of the ablest lawyers in ,virginia were engaged for the defence4 ,but they could not secure any decent regard to the common forms of law1 or to the claims of justice4 ,he would not grant the delay always usual in such cases1 and indispensable to the defence4 ,he refused to allow the defendants' counsel to examine their most important witness1 and allowed them to put none but written questions approved of by him6 ,the defendant was not allowed to prove the truth of any statements1 alleged to be libellous1 by establishing the truth of one part through one witness and of another through a different one4 ,he would not allow him to argue to the jury that the law was unconstitutional4 ,we all know that juries have the right to decide the law as well as the fact1 and the ,constitution is the ,supreme law of the land4 ,then1 said ,mr4 ,wirt1 since the jury have a right to consider the law1 and since the ,constitution is law1 it is certainly syllogistic that the jury have a right to consider the ,constitution2 and the judge exclaimed1 a non sequitur1 ,sir6 ,sit down1 ,sir6 ,mr4 ,wirt sat down4 ,the judge declared a right is given to the jury to determine what the law is in the case before them1 and not to decide whether a statute is a law or not1 or whether it is void1 under an opinion that it is unconstitutional4 ,it appears to me the right now claimed has a direct tendency to dissolve the ,union4 ,no citizen of knowledge and information 444 will believe1 without very strong and indubitable proof1 that ,congress will1 intentionally1 make any law in violation of the ,federal ,constitution4 ,if such a case should happen1 the mode of redress is pointed out in the ,constitution4 ,it was obvious that ,congress had made laws in violation of the ,constitution1 and he insisted that the jury should enforce those laws against their own conscience4 ,after all his violent injustice he of course declared the decisions of courts of justice will not be influenced by political and local principles and prejudices4 ,the packed jury found the prisoner guilty4 ,he was fined #bjj and sent to jail for nine months4 ,but ,virginia was too high-spirited to bear this4 ,nay1 ,gentlemen of the ,jury1 the whole ,nation then was too fond of justice and liberty to allow such wickedness to proceed in the name of law4 ,virginia was in a flame2 the lawyers throughout the country were stung to the quick4 ,they had not been so long under the slave-power then as now4 ,at this day1 ,gentlemen1 such conduct1 such insolence1 yet more oppressive1 rouses no general indignation in the lawyers4 ,but then the ,alien and ,sedition ,laws ruined the ,administration1 and sent ,mr4 ,adams--who yet never favored them--from his seat2 his successor1 ,mr4 ,jefferson1 says1 ,i discharged every person under punishment1 or prosecution1 under the ,sedition ,law1 because ,i considered and now consider1 that law to be a nullity as absolute and as palpable as if ,congress had ordered us to fall down and worship a golden image4#afa ,judge ,chase was impeached by the ,house of ,representatives1 tried by the ,senate1 and only escaped condemnation by the prejudice of the political partisans4 ,as it was1 a majority were in favor of his condemnation4 ,but the ,constitution1 properly1 requires two thirds4 ,judge ,chase escaped by this provision4 ,but his influence was gone4 ,footnote #afa3 #d ,jefferson1 ,correspondence in ,wharton1 #gba4 ,the ,alien and ,sedition ,laws1 which sought to gag the ,people1 and make a ,speech a misdemeanor1 soon went to their own place2 and on the #dth of ,july1 #ahdj1 ,congress passed a law to pay ,mr4 ,lyon and others the full amount of the fine and costs levied upon them1 with interest to the date of payment3 a ,committee of the ,house had made a report on ,lyon's case1 stating that the law was unconstitutional1 null1 and void1 passed under a mistaken exercise of undelegated power1 and that the mistake ought to be remedied by returning the fine so obtained1 with interest thereon4#afb ,just now1 ,gentlemen1 ,judge ,chase and the principles of the ,sedition ,law appear to be in high favor with the ,federal ,courts3 but one day the fugitive slave bill will follow the ,alien and ,sedition ,bill1 and ,congress will refund all the money it has wrenched unjustly from victims of the ,court4 ,there is a ,to-morrow after to-day1 and a ,higher ,law which crushes all fugitive slave bills into their kindred dust4 ,footnote #afb3 #b ,sess4 #bfth1 ,cong4 ,doc4 #hf1 ,ho4 ,rep42 ,wharton1 #cdd1 #fgi4 ,see also ,virginia ,resolutions 7#ahej71 and the remarks in the ,debates4 ,then ,virginia was faithful to ,state ,rights1 and did a service to the cause of ,liberty which no subsequent misconduct should make us forget4 99 99 99 99 99 ,gentlemen1 allow me to vary this narrative of ,british and ,american despotism by an example from a different nation4 ,i will refresh you with a case more nearly resembling that before you2 it is an instance of ,german tyranny4 ,in #ahec1 ,dr4 ,gervinus1 ,professor of ,history in the ,university of ,heidelberg in ,germany1 published this little volume of about #bjj pages1#afc ,an ,introduction to the ,history of the #aith ,century4 ,mr4 ,gervinus is one of the most enlightened men in the world1 a man of great genius for the philosophical investigation of human history1 and enriched with such culture and learning as is not common even in that home of learned men4 ,his book1 designed only for scholars1 and hardly intelligible to the majority of readers even in ,america1 sets forth this great fact1--,the democratic tendency of mankind shown in all history4 ,footnote #afc3 #b ,einleitung in die ,geschichte des neunzehnten ,jahrhunderts2 ,leipzig1 #ahec4 #hvo4 pp4 #aha4 ,gervinus was seized and brought to trial on the #bdth of ,february1 #ahec1 at ,mannheim1 charged with publishing a work against constitutional monarchy1 intending thereby to depose the lawful head of the ,state1 the ,grand ,duke ,charles ,leopold1 and with changing and endangering the constitution1 disturbing the public tranquillity and order1 and incurring the guilt of ,high ,treason4 ,in short he was charged with obstructing an officer and attempting to dissolve the ,union1 with levying war4 ,for his trial the judge purposely selected a small room1 though four times larger than what now circumscribes the dignity of this ,honorable ,court2 he did not wish the people to hear ,gervinus's defence4 ,but ,i will read you some extracts from the preface to the ,english translation of his book3-- ,i offer nothing purely theoretical or speculative1 and as few opinions and conclusions as can possibly be given in a historical narrative4 ,the work finally reaches a period when the ,present and the ,future become its subject1 and when therefore it can no longer relate any events of history which have been completed2 and is confined to the simple statement of the ,fact that opposite opinions exist1 and may yet be advanced1 concerning the problem of the ,future4 ,these opinions are themselves weighed against one another1 but their value is not determined by dogmas1 or phrases1 or declamations1 but simply by facts4 ,if the balance incline towards a more liberal form of government1 towards democratic institutions1 and therefore towards self-government1 and the participation of the many rather than of the few in the affairs of the ,state1 ,i am not to blame1 nor is it my ordinance1 but that of ,history and of ,providence4 ,my work is only 7what all historical narrative should be7 a vindication of the decrees of ,providence2 and to revolt against them appears to me neither pious in a moral point of view1 nor wise in a political4 ,that which is proved by the most remarkable facts of ,history1 will not be altered in the smallest degree by the suppression of my work1 or by my condemnation4 ,the charge on this head is an absurdity1 since no rational end can be attained by it4 ,it aims at the suppression of a truth which1 should ,i not tell it1 will be ever louder and louder proclaimed by the ,facts of ,history4 ,to believe such a thing possible is a proof how limited an idea exists of the eager inquiry going on after knowledge--and truth1 the source and origin of all knowledge4 ,there will always be so eager a demand for a history of the ,present time1 that1 even should ,i be prevented1 ten others would arise1 only to proclaim the louder1 and to repeat the oftener1 the truth which is here suppressed4 ,to believe that the philosophy of ,history can be silenced by persecution1 argues an entire ignorance even of the external mechanism of philosophy4 ,a political pamphlet1 intended to serve a particular purpose at a particular period1 may be suppressed4 ,the author of such a pamphlet1 bent on agitation1 can easily console himself for its suppression4 ,it has cost him little time and trouble2 it is only a means to an end1 one means out of many means1 any of which1 when this is lost1 will serve the author as well4 ,but it is not thus with philosophical works1 it is not thus with the work before me4 ,this book is deeply rooted in the vocation of my whole life1 and is the end of my philosophical research2 ,i have prepared myself for it by the labor of years1 and the labor of years will be necessary for its completion4 ,i have reached a time of life when ,i can neither change my vocation1 nor even cease to labor in this vocation4 ,i am also so imbued with my philosophy1 that even if ,i could change ,i would not4 ,i may be hindered in the prosecution of this work for four months1 but in the fifth ,i shall return to it4 ,for a judicial sentence cannot arrest 7like a mere pamphlet7 the philosophical scheme interwoven into a whole existence4 ,if it is possible that this ',introduction' can be condemned in ,germany1 that it can be prohibited1 that by these means the work should be strangled in its birth1 then the philosophy of history has no longer a place in ,germany4 ,the tribunal of ,baden will have given the first blow1 in pronouncing judgment on a matter which is purely philosophical1 and ,germany1 whose freedom of philosophical research has been her pride and her boast1 of which even the various administrations of the nation have never been jealous1 will receive a shock such as she never before sustained4 ,my book is on so strictly a philosophical plan1 and treats of such comprehensive historical questions1 that1 properly1 no judgment of any value could be pronounced upon it but by the professed historian1 of whom there are not two dozen in all ,germany4 ,among them there has not1 to this hour1 been found one competent to give an opinion in a few weeks on a book which is the fruit of half a life4 ,on the other hand1 there was soon a whole set of fanatical partisans and obstreperous bunglers in a neighboring press1 who in eight days had condemned this work1 in some instances1 by calling it an historical commonplace1 and in others1 a political pamphlet with 'destructive tendencies4' ,at the same time1 and in a manner easily accounted for1 under the influence of such an expression of public opinion1 and almost before any other could make itself heard1 accusations were made against the book1 and it was confiscated4 ,let no one take it amiss if1 in the urgency of my defence1 ,i for a moment lay aside modesty1 as far as such modesty might prove injurious to my cause4 ,my work demonstrates a law of historical development1 which ,i do not claim as my property1 or as originating in me1 but which has been demonstrated more than two thousand years ago by the greatest thinker of all ages1 derived from observations on the history of the ,grecian ,state4 ,to repeat a law which has been already demonstrated1 ought to appear but a trifling circumstance1 and indeed might merit the term of an historical commonplace2 we could even suppose that it might be mentioned in a popular as well as in a philosophical book4 ,nevertheless this law has scarcely been twice repeated in the course of two thousand years1 and then only by two imitators1 who scarcely understood its whole purport1 though they were the most thinking heads of the most thinking nations--,machiavelli in ,italy1 and ,hegel in ,germany4 ,i solemnly ask of the whole philosophical world if my words can be gainsaid1 and to name for me the third1 by whom the ,aristotelian law1 of which ,i speak1 has been repeated and understood4 ,i have ventured to consider the thought of ,aristotle1 and to apply it to the history of modern ,european ,states1 and ,i found it confirmed by a series of developments which have occupied two thousand years4 ,i also found that the whole series of events confirmatory of this law 7itself deduced from experience7 are not yet entirely fulfilled4 ,like the astronomer1 who1 from a known fraction of the path of a newly discovered planet1 calculates its whole course1 ,i ventured to divine that which is still wanting1 and which may yet take centuries to complete4 ,i turned silently to those whose profession was the study of history1 to prove the justice of my calculations2 ,i handed my book over to coming generations and coming centuries1 with the silent demand1 when the required series of events shall be fulfilled1 then to pronounce the final sentence1 whether this law1 and its purport as now explained1 be just or not4 ,this is the philosophical character1 and these the contents of my book--no more than was indispensably necessary to make this calculation4 ,and now comes the charge1 and pronounces that in the character of a pamphleteer1 ,i have endeavored to excite a revolution in the ,grand ,duchy of ,baden1 or in the ,german ,confederation4 ,on the #hth of ,march--it should have been the fifth--the thing came to a close4 ,on account of his hostility to constitutional monarchy1 and his declaration of its weakness1 his denial of its good-will towards the people1 and his representing that the ,american ,democracy was a universal necessity and a desirable fact1 sentence was pronounced against him1 condemning him to an imprisonment of four months1 and ordering his book to be destroyed4 ,there was no ,jury of the ,people to try him6 ,here our own ,court has an admirable precedent for punishing me for a word4#afd ,footnote #afd3 ,see ,preface to ,english ,translation of ,gervinus 7,london1 #ahec72 and ,allg4 ,lit4 ,zeitung fr #ahec1 pp4 #hfg1 #hhc1 #ica1 #idf1 #iid1 #aaca4 ,but even in ,massachusetts1 within twenty years1 an attempt was made to punish a man for his opinions on a matter of history which had no connection with politics1 or even with ,american ,slavery4 ,in ,july1 #ahcd1 ,rev4 ,george ,r4 ,noyes1 a ,unitarian ,minister at ,petersham1 a retired scholar1 a blameless man of fine abilities and very large attainments in theological learning1 wrote an elaborate article in the ,christian ,examiner1 the organ of the ,liberal ,christians in ,america1 in which he maintained that ,jesus of ,nazareth is not the ,messiah predicted in the ,old ,testament4 ,it is difficult1 said this accomplished ,theologian1 to point out any predictions which have been properly fulfilled in ,jesus4 ,peter and ,paul found the death and resurrection of ,jesus in the #afth ,psalm1 but they were in an error1 which should not surprise us1 for the ,evangelists and ,apostles never claimed to be inspired reasoners and interpreters2 they partook of the errors and prejudices of their age in things in which ,christ had not instructed them4 ,the commonly received doctrine of the inspiration of all the writings included in the ,bible1 is a millstone hung round its neck the neck of ,christianity1 sufficient to sink it4 ,the article was written with remarkable candor and moderation1 and indicated a devout and holy purpose in the author4 ,the doctrines were by no means new4 ,but ,hon4 ,james ,t4 ,austin1 was then ,attorney-,general of the ,state2 his attention being called to it by an anonymous writer in a newspaper1 he attacked ,mr4 ,noyes's article1 thus giving vent to his opinion thereon3 ,he considers its learning very ill bestowed1 its researches worse than useless1 and that its tendency is to strike down one of the pillars on which the fabric of ,christianity is supported4 ,its tendency is to shock the pious1--confound the unlearned1--overwhelm those who are but moderately versed in the recondite investigations of theology1 and above all to open an arsenal whence all the small wits of the infidel army may supply themselves with arms4 ,its greater evil is to disarm the power of public opinion4 ,it certainly disarms to a great degree the power of the law4#afe ,footnote #afe3 #af ,examiner1 #cba2 #ag ibid4 #abg2 ,boston ,atlas1 ,july #hth and #ith1 #ahcd4 ,gentlemen1 suppose it had not been necessary to submit the matter to a ,jury1 what would the right of freedom of conscience be worth in the hands of such a man1 dressed in a little brief authority8 ,it was said at the time that the author was actually presented to the ,grand-,jury1 and an attempt made to procure an indictment for ,blasphemy1 or ,misdemeanor4 ,i know not how true the rumor was4 ,the threat of prosecution came to nought1 and ,dr4 ,noyes1 one of the most scholarly men in ,america1 is now ,professor of ,theology in the ,divinity ,school at ,cambridge1 and an honor to the liberal sect which maintains him there4 99 99 99 99 99 ,gentlemen1 when laws are unjustly severe1 denouncing a punishment highly excessive1 the juries refuse to convict4 ,examples of this are very common in trials for capital offences1 now that the conscience of moral men has become so justly hostile to the judicial shedding of blood4 ,there is no doubt with the ,jurors as to the ,fact1 none as to the ,law2 but they say it is unjust to apply such a law to such a fact and hang a man4 ,the ,jury exercising their moral discretion1 spite of the judge1 and spite of the special statute or custom1 are yet faithful to their official obligation and manly duty1 and serve ,justice1 the ultimate ,end and ,purpose of ,law1 whereto the statutes and customs are only provisional means4 ,foolish judges accuse such juries of ,perjury2 but it is clear enough1 ,gentlemen1 where the falseness is4 ,do you take notice of that juryman dressed in blue8 said one of the judges at the old ,bailey to ,judge ,nares4 ,yes4 ,well1 then1 take my word for it1 there will not be a single conviction to-day for any capital offence4 ,so it turned out4 ,the gentleman in blue thought it unjust and wicked1 contrary to the ultimate ,purpose of law1 to hang men1 and he was faithful to his juror's oath in refusing to convict4 ,of course he did not doubt of the ,fact1 or the ,law1 only of the ,justice of its ,application4 ,one day there will be a good many gentlemen in blue4 ,to prevent this moral independence of the jury from defeating the immoral aim of the government1 or of the judges1 or the legislature--the court questions the jurors beforehand1 and drives off from the panel all who think the statute unfit for such application4 ,gentlemen1 that is a piece of wicked tyranny4 ,it would be as unfair to exclude such men from the legislature1 or from the polls1 as from the jury box4 ,in such cases the defendant is not tried by his country1 but by a jury packed for the purpose of convicting him1 spite of the moral feelings of the people4 ,sometimes the statute is so framed that the jurors must by their verdict tell an apparent falsehood1 or commit a great injustice4 ,when it was a capital offence in ,england to steal forty shillings1 and evidence made it plain that the accused had actually stolen eight or ten times that value1 you all know how often the jurors brought in a verdict of stealing thirty-nine shillings4#aff ,they preferred to tell what seemed to be a lie1 rather than kill a man for stealing fifteen or twenty dollars4 ,the verdict of ,,not ,,guilty would have been perfectly just in form as in substance1 and conformable to their official oath4 ,footnote #aff3 ,see several cases of this kind in ,sullivan on ,abolition of ,punishment of ,death1 7,n4,y4 #ahda71 #gc4 ,rantoul's ,works1 #dei4 ,gentlemen1 tyrannical rulers1 and their servants1 despotic and corrupt judges1 have sought to frighten the juries from the exercise of all discretion--either moral or intellectual4 ,to that end they threaten them before the verdict1 and punish them when they decide contrary to the wish of the tyrant4 ,to make the jurors agree in a unanimous verdict1 they were kept without fire or water or food or bed until they came to a conclusion2 if eleven were of one mind and the twelfth not convinced1 the refractory juror was fined or put in jail4#afg ,if the verdict1 when unanimously given1 did not satisfy the judge or his master1 the jurors were often punished4#afh ,i have already shown you how the juries were treated--with fine and imprisonment--who acquitted ,throckmorton and ,penn4#afi ,when ,john ,lilburne was tried for his life in #afec1 he censured the authorities which prosecuted him and appealed to the honorable ,jury1 the ,keepers of the ,liberties of ,england3 they found him ,not ,guilty1 and were themselves brought before the council of ,state for punishment4 ,thomas ,greene of ,snow-hill1 tallow chandler1 ,foreman of the ,jury1 being asked what the grounds and reasons were that moved him to find 444 ,lilburne not guilty1 444 saith 'that he did discharge his conscience in what he then did1 and that he will give no further answer to any questions which shall be asked him upon that matter4'#agj ,this was in the time of ,cromwell2 but as the ,people were indignant at his tyrannical conduct in that matter1 and his insolent attempt to punish the jurors1 they escaped without fine or imprisonment4 ,indeed more than a hundred and twenty-five years before1 ,thomas ,smith had declared such doings to be very violent1 tyrannical1 and contrary to the liberty and customs of the realm of ,england4 ,sir ,matthew ,hale said at a later day1 ,it would be a most unhappy case for the judge himself1 if the prisoner's fate depended upon his directions2 unhappy also for the prisoner2 for if the judge's opinion must rule the verdict1 the trial by jury would be useless4#aga ,judge ,kelyng was particularly hostile to the jury1 throwing aside all regard to moderation and decency4 ,he compelled the grand-jury of ,somersetshire to find an indictment against their consciences1 reproaching ,sir ,hugh ,wyndham1 the foreman1 as the ,head of a ,faction4 ,he told the jury1 ,you are all my servants1 and ,i will make the best in ,england stoop6 ,he said it was a misdemeanor for them to discriminate between murder and manslaughter2 that was for the court to determine4 ,but1 ,gentlemen1 it does not appear that he had his brother-in-law on that grand-jury4 ,several persons were indicted for attending a conventicle2 the jury acquitted them contrary to his wish1 and he fined them #ccd apiece1 and put them in jail till it was paid4 ,on another occasion1 this servile creature of ,charles ,,ii4 fined and imprisoned all the jurors because they convicted of manslaughter a man whom he wanted to hang4 ,but for this conduct he was accused in the ,house of ,commons1 and brought to answer for it at their bar4#agb ,footnote #afg3 ,forsyth1 #bda1 #bdc4 ,footnote #afh3 ,thomas ,smith1 ,commonwealth1 7,london1 #aehi17 b4 iii4 c4 #a4 ,hargrave1 in #f ,st4 ,tr4 #ajai4 ,footnote #afi3 ,see above1 p4 #ie4 #a ,st4 ,tr4 #ija2 #f ,st4 ,tr4 #ifg1 #ifi1 #iii2 #ba ,st4 ,tr4 #ibe4 ,footnote #agj3 #a ,st4 ,tr4 #dde4 ,footnote #aga3 #f ,st4 ,tr4 #ifg1 note2 ,bushell's ,case1 ,ibid4 #iii1 and ,hargrave's note1 #ajac4 ,footnote #agb3 #b ,campbell1 ,justices1 #dje2 #f ,st4 ,tr4 #iaj2 ,kelyng1 #ej2 #c ,hallam1 #f1 note2 ,commons ,journals1 #af ,oct4 #affg4 ,in #afhj ,chief ,justice ,scroggs was brought up before the ,house of ,commons for discharging a refractory grand-jury--such an one as was discharged in ,boston last ,july3 ,sir ,francis ,winnington said1 ,if the judges instead of acting by law shall be acted by their own ambition1 and endeavor to get promotion rather by worshipping the rising sun than doing justice1 this nation will soon be reduced to a miserable condition4 ,as faults committed by judges are of more dangerous consequence than others to the public1 so there do not want precedents of severer chastisements for them than for others4#agc ,footnote #agc3 #d ,parl4 ,hist4 #abbd4 ,but spite of the continual attempt to destroy the value of the trial by jury1 and take from the ,people their ancient1 sevenfold shield1 the progress of liberty is perpetual4 ,now and then there arose lawyers and judges like ,sir ,matthew ,hale1 ,holt1 ,vaughan1 ,somers1 ,camden1 and ,erskine1 who reached out a helping hand4 ,nay1 politicians came up to its defence4 ,but the great power which has sustained and developed it is the sturdy and unconquerable ,love of individual ,liberty which is one of the most marked characteristics of the ,anglo-,saxon1 whether ,briton or ,american4 ,the ,common ,people of ,england sent ,juries1 as well as regiments of ,ironsides1 to do battle for the ,right4 ,gentlemen1 let us devoutly thank ,god for this ,safeguard of ,freedom1 and take heed that it suffers no detriment in our day1 but serves always the ,higher ,law of the ,infinite ,god4 ,now1 ,gentlemen of the ,jury1 ,i come to the end4 ,,iv4 ,,of ,,the ,,circumstances ,,of ,,this ,,special ,,case1 ,,united ,,states ,,versus ,,theodore ,,parker4 ,here1 ,gentlemen1 ,i shall speak of three things4 7,i47 ,of the ,fugitive ,slave ,bill4 ,at the close of the ,revolution there was a contradiction in the national consciousness3 the ,people were divided between the ,idea of ,freedom and the ,idea of ,slavery4 ,there consequently ensued a struggle between the two elements4 ,this has continued ever since the ,treaty of ,peace in #aghc4 ,twice the ,idea of ,freedom has won an important victory3 in #aghg ,slavery was prohibited in the ,north-,west ,territory2 in #ahjh the ,african ,slave ,trade was abolished4 ,gentlemen1 this is all that has been done for seventy-two years2 the last triumph of ,american ,freedom over ,american ,slavery was forty-seven years ago6 ,but the victories of ,slavery have been manifold3 in #aghg ,slavery came into the ,constitution1--it was left in the individual ,states as a part of their ,republican form of government2 the slaves were counted fractions of men1 without the personal rights of integral humanity1 and so to be represented by their masters2 and the rendition of fugitive slaves was provided for4 ,in #agib out of old territory a new ,slave ,state was made and ,kentucky came into the ,union4 ,tennessee followed in #agif1 ,mississippi in #ahag1 ,alabama in #ahai1 and thus four ,slave ,states were newly made out of soil which the ,declaration of ,independence covered with ideal freedom4 ,in #agic the ,federal government took ,slavery under its special patronage and passed the first fugitive slave bill for the capture of such as should escape from bondage in one ,state1 and flee to another4 ,in #ahjc ,louisiana was purchased and ,slavery left in that vast territory2 thus the first expansion of our borders was an extension of bondage1--out of that soil three great ,states1 ,louisiana1 ,missouri1 ,arkansas1 have since been made1 all despotic1 with more than half a million of ,americans fettered there to-day4 ,florida was purchased as slave soil1 and in #ahde made a ,state with perpetual ,slavery written in its ,constitution4 ,in #ahde ,texas was annexed and ,slavery extended over nearly four hundred thousand square miles of once free soil2 in #ahdh ,slavery was spread over ,california1 ,utah1 and ,new ,mexico4 ,here were seven great victories of ,slavery over ,freedom4 ,at first it seemed doubtful which was master in the federal councils2 but in #ahbj1 in a great battle--the ,missouri ,compromise--,slavery triumphed1 and has ever since been master4 ,in #ahde ,texas was annexed1 and ,slavery became the open1 acknowledged1 and most insolent master4 ,the rich1 intelligent1 and submissive ,north only registers the decrees of the poor1 the ignorant1 but the controlling ,south2 accepts for ,officers such as the master appoints1 for laws what the ,slave-driver commands4 ,the ,slave-,power became predominant in ,american politics1 business1 literature1 and ,religion4 ,gentlemen of the ,jury1 do you doubt what ,i say8 ,look at this ,honorable ,court1--at its ,judges1 its ,attorney1 at its ,marshal1 and its ,marshal's ,guard3 they all hold their offices by petty serjeantry of menial service rendered to the ,slave-,power4 ,it would be an insult to any one of this august fraternity to hint that he had the faintest respect for the great ,principles of ,american ,liberty1 or any love of justice for all men4 ,i shall not be guilty of that contempt of court4 ,gentlemen1 ,i had expected that this ,court would be solemnly opened with prayer4 ,i knew whom the ,slave-,power would select as its priest to intercede with ,heaven4 ,i expected to hear the ,rev4 ,nehemiah ,adams1 ,d4,d41 ask the ,god he worships and serves to take a ,south-side view of ,american ,slavery in general1 and in special of this prosecution of a minister of the ,christian ,religion for attempting to keep the ,golden ,rule4 ,should the ,court hereafter indulge its public proclivity to prayer1 that eminent divine will doubtless be its advocate--fit mediator for a ,court which knows no ,higher ,law4 ,well1 ,gentlemen1 that sevenfold triumph was not enough4 ,slavery will never be contented so long as there is an inch of free soil in the ,united ,states6 ,new victories must be attempted4 ,mr4 ,toombs has declared to this noble ,advocate of ,justice and ,defender of ,humanity1 ,john ,p4 ,hale who renews the virtuous glories of his illustrious namesake1 ,sir ,matthew ,hale1 that1 ,before long the master will sit down with his slaves at the foot of ,bunker ,hill ,monument4 ,but one thing disturbed our masters at the ,south--the concubine runs away from her lusty lord1 the mulatto slave child from her white father2 ,i have had the best blood of ,virginia1 fugitive children of her first families in my own house1 and have given many a dollar to help the sons and daughters of ,southern ,democrats enjoy a taste of ,northern ,democracy4 ,the slaves would run away4 ,the law of #agic was not adequate to keep or catch these ,african ,christians who heeded not the ,southern command1 ,slaves1 obey your masters4 ,the ,decision of the ,supreme ,court in the ,prigg case1#agd showed the disposition of the ,federal ,government1 and took out of the hands of the individual ,states the defence of their own citizens4 ,still the slaves would run away4 ,in #ahdi there were more than five hundred fugitives from ,southern ,democracy in ,boston--and their masters could not catch them4 ,what a misfortune6 ,boston retained #bjj1jjj of human ,property of the ,christian and chivalric ,south6 ,surely the ,union was in danger4 ,footnote #agd3 #af ,peters1 #faf4 ,in #ahej came the fugitive slave bill4 ,when first concocted1 its author1--a restless politician1 a man of small mind and mean character1 with ,plantation manners1--thought it was too bad to pass4 ,he designed it not for an actual law1 but an insult to the ,north so aggravating that she must resist the outrage1 and then there would be an opportunity for some excitement and agitation at the ,south--and perhaps some nullification in ,south ,carolina and ,virginia2 and in that general fermentation who knows what scum would be thrown up6 ,even ,mr4 ,clay never expected the law would be enforced4 ,no ,northern gentleman1 said he1 will ever help return a fugitive slave4 ,it seemed impossible for the bill to pass4 ,but at that time ,massachusetts had in the ,senate of the nation a disappointed politician1 a man of great understanding1 of most mighty powers of speech1-- ,created hugest that swim the ocean stream1-- and what more than all else contributed to his success in life1 the most magnificent and commanding personal appearance4 ,at that time--his ambition nothing abated by the many years which make men venerable1--he was a bankrupt in money1 a bankrupt in reputation1 and a bankrupt in morals--,i speak only of his public morals1 not his private1--a bankrupt in political character1 pensioned by the ,money ,power of the ,north4 ,thrice disappointed1 he was at that time gaming for the ,presidency4 ,when the ,south laid down the fugitive slave bill1 on the national ,faro-table1 ,mr4 ,webster bet his all upon that card4 ,he staked his mind--and it was one of vast compass2 his eloquence1 which could shake the continent2 his position1 the senatorial influence of ,massachusetts2 his wide reputation1 which rung with many a noble word for justice and the ,rights of man2 he staked his conscience and his life4 ,gentlemen1 you know the rest1--the card won1 the ,south took the trick1 and ,webster lost all he could lose1--his conscience1 his position1 his reputation2 not his wide-compassing mind1 not his earth-shaking eloquence4 ,finally he lost his--life4 ,peace to his mighty shade4 ,god be merciful to him that showed no mercy4 ,the warning of his fall is worth more than the guidance of his success4 ,let us forgive2 it were wicked to forget4 ,for fifty years no ,american has had such opportunity to serve his country in an hour of need4 ,never has an ,american so signally betrayed the trust--not once since ,benedict ,arnold turned a less ignoble traitor6 ,gentlemen1 you know the speech of the #gth of ,march4 ,you know it too well4 ,he proposed to support the fugitive slave bill with all its provisions1 to the fullest extent4 ,at that time this bill of abominations was worse than even now2 for then it left the liberty of a man to the discretion not only of any judge or commissioner of any ,federal court1 but to any clerk or marshal thereof1 nay1 to any collector of the customs and every one of the seventeen thousand postmasters in the ,united ,states6 ,it provided that an affidavit made before any officer empowered1 by the ,united ,states or any ,state1 to administer oaths1 should be taken as conclusive evidence to prove a man a slave6 ,so ,john ,smith of some unknown town in ,texas1 might make affidavit before ,john ,jones1 a justice of peace in the same place1 that ,lewis ,hayden1 or ,wendell ,phillips1 or his ,honor ,judge ,curtis1 was his 7,smith's7 slave1 and had escaped to ,boston3 might bring hither ,john ,brown1 a ,postmaster from ,texas1 or find some collector of the customs or minion of the court in ,massachusetts1 seize his victim1 and swear away his liberty2 and any man might be at once consigned to eternal bondage6 ,all that the bill provided for1--and authorized the kidnapper to employ as many persons as he might think proper to accomplish his purpose by force1 at the expense of the ,united ,states6 ,all this ,mr4 ,webster volunteered to support to the fullest extent4 ,the bill was amended1 here bettered1 there worsened1 and came to the final vote4 ,gentlemen1 the ,money ,power of the ,north joined the ,slave ,power of the ,south to kidnap men in ,america after #ahej1 as it had kidnapped them in ,africa before #ahjh4 ,out of fifty ,senators only twelve said1 ,no2 while in the ,house #aji voted ,yea4 ,the ,hon4 ,samuel ,a4 ,eliot gave the vote of ,beacon and ,state ,streets for kidnapping men on the soil of ,boston4 ,the one ,massachusetts vote for man-stealing must come from the town which once bore a ,franklin and an ,adams in her bosom2 yes1 from under the eaves of ,john ,hancock's house6 ,that one vote was not disgrace enough2 his successor ,hon4 ,william ,appleton must take a needless delight in reaffirming the infamy4 ,when the bill passed1 ,gentlemen1 you remember how ,mr4 ,webster rejoiced3-- ,now is the winter of our discontent ,made glorious summer1 was his public outcry on the housetop6 ,and ,boston fired a hundred guns of joy6 ,do you know who fired them8 ,ask ,mr4 ,attorney ,hallett2 ask ,mr4 ,justice ,curtis4 ,they can instruct the jury4 ,gentlemen1 you know the operation of the fugitive slave bill4 ,it subverts the ,purposes of the ,constitution1 it destroys ,justice1 disturbs domestic ,tranquillity1 hinders the common ,defence and the general ,welfare1 and annihilates the ,blessings of ,liberty4 ,it defies the first ,principles of the ,declaration of ,independence1--think of the fugitive slave bill as an appendix to that document6 ,it violates the ,idea of ,democracy4 ,it contradicts the very substance of the ,christian ,religion--the two great commandments of ,love to ,god1 and ,love to man1 whereon hang all the ,law and the ,prophets4 ,it makes natural humanity a crime2 it subjects all the ,christian virtues to fine and imprisonment4 ,it is a lettre de cachet against ,philanthropy4 ,gentlemen of the ,jury1 you know the fugitive slave bill is unconstitutional4 ,i need not argue the matter2 it is too plain to need proof4 ,see how it opposes ,justice1 the ultimate purpose of human law2 nay1 the declared objects of the ,constitution itself6 ,but yet its unconstitutionality has been most abundantly shown by our own fellow-citizens4 ,i need not go out of ,massachusetts for defenders of ,justice and ,law4 ,you remember the ,speeches of ,mr4 ,phillips1 ,mr4 ,sewall1 ,mr4 ,rantoul1 ,mr4 ,sumner1 ,mr4 ,mann1 the arguments of ,mr4 ,hildreth4 ,the judges before you by nature are able-minded men1 both of them2 both also learned as lawyers and otherwise well educated1--,i love to honor their natural powers1 and their acquired learning2 would ,i could offer higher praise4 ,now1 ,i will not insult their manly understanding with the supposition that either of them ever thought the fugitive slave bill constitutional4 ,no1 ,gentlemen1 it is not possible that in the personal opinion of ,mr4 ,sprague1 or even ,mr4 ,curtis1 this bill can be held for a constitutional law4 ,but the ,court has its official dress3 part of it is of silk--or supposed to be1--the gown which decorates the outward figure of the man who wears its ample folds2 it is made after a prescribed pattern4 ,but part of it also is made of opinion which hides the ability and learning of the honorable ,court4 ,the constitutionality of the fugitive slave bill is a part of the judge's official dress3 accordingly1 as no federal judge sits without his silk gown1 so none appears without his opinion that the fugitive slave bill is constitutional4 ,but if the court should solemnly declare that such was its personal opinion--,gentlemen of the ,jury1 ,i1--,i--should not believe it--any more than if they declared the gown of silk was the natural judicial covering1 the actual true skin of the judges4 ,no1 ,gentlemen1 these judges are not monsters1 not naturally idiotic in their ,conscience4 ,this opinion is their official robe1 a supplementary cuticle1 an artificial epidermis1 woven from without1 to be thrown off one day1 when it shall serve their turn1 by political desquamation4 ,let them wear it2 they have their reward4 ,but you and ,i1 ,gentlemen1 let us thank ,god we are not officially barked about with such a leprous elephantiasis as that4 ,you are to judge of its constitutionality for yourselves1 not to take the purchased1 official opinion of the judge as veil for your ,conscience2 let it hide the judges' if they like4 ,gentlemen1 ,i lack words to describe the fugitive slave bill2 its sins outrun my power of speech4 ,but you know the consequences which follow if it be accepted by the ,people1 submitted to1 and enforced3 the ,state of ,massachusetts is nothing2 her courts nothing2 her juries nothing2 her laws nothing2 her ,constitution nothing--the ,rights of the ,state are whistled away by the opinion of a fugitive slave bill judge1 the rights of the citizen--all gone2 his right to life1 liberty1 and the pursuit of happiness lies at the mercy of the meanest man whom this ,court shall ever make a ,commissioner to kidnap men4 ,yes1 ,gentlemen of the ,jury1 you hold your liberty at the mercy of ,george ,t4 ,curtis and ,seth ,j4 ,thomas6 ,you are the ,people1 the ,country to determine whether it shall come to this4 ,you know the motive which led the ,south to desire this bill1--it was partly pecuniary1 the desire to get the work of men and not pay for it2 partly political1 the desire to establish ,slavery at the ,north4 ,mr4 ,toombs is not the only man who wishes the master to sit down with his slaves at the foot of ,bunker ,hill ,monument6 ,you know the motive of the ,northern men who supported the bill2--words are idle here6 ,gentlemen1 ,i said that ,boston fired a hundred jubilant cannon when the fugitive slave bill became a law4 ,it was only a part of ,boston that fired them4 ,the bill was odious here to all just and honorable men4 ,massachusetts hated the bill1 and was in no haste to conquer her prejudices in favor of ,justice1 ,humanity1 and the ,christian ,religion2 she did not like the disagreeable duty of making a public profession of practical ,atheism4 ,at first the yellow fever of the slave-hunters did not extend much beyond the pavements of ,boston and ,salem2 so pains must be taken to spread the malady4 ,the greatest efforts were made to induce the ,people to renounce their ,christianity1 to accept and enforce the wicked measure4 ,the cry was raised1 ,the ,union is in danger3 nobody believed it2 they least of all who raised the cry4 ,some clergymen in the ,churches of ,commerce were coaxed1 wheedled1 or bought over1 and they declared kidnapping would be imputed unto men for righteousness4 ,the actual man-stealer in ,boston was likened to faithful ,abraham in the ,hebrew mythic tale1--the rendition of a slave was like the sacrifice of ,isaac4 ,one ,trinitarian minister1 a son of ,massachusetts1 laid ,conscience down before the ,juggernaut of the fugitive slave bill1 another would send his own mother into ,slavery2 both had their reward4 ,editors were brought over to the true faith of kidnapping4 ,alas1 there were some in ,boston who needed no conversion2 who were always on the side of inhumanity4 ,there were ,union meetings called to save the ,nation2 and the meanest men in the great towns came to serve as ,redeemers in this ,salvation unto kidnapping4 ,mr4 ,webster outdid himself in giant efforts--and though old and sick1 he wrought with mighty strength4 ,so in the great poem the fallen angel1 his ,paradise of ,virtue lost1-- ----with bold words ,breaking the horrid silence thus began4 ',to do aught good never will be our task1 ,but ever to do ill our sole delight1 ,as being the contrary to ,his high will ,whom we resist4444 ,let us not slip the occasion4444 ,but reassembling our afflicted powers ,consult how we may henceforth most offend ,our enemy2 our own loss how repair1 ,how overcome this dire calamity2 ,what reinforcement we may gain from hope1 ,if not what resolution from despair4' ,one class of men needed no change1 no stimulation4 ,they were ready to execute this unjust1 this unconstitutional ,act2 their lamps were trimmed and burning1 their loins girt about1 their feet swift to shed blood4 ,who were they8 ,ask ,philadelphia1 ask ,new ,york1 ask ,boston4 ,look at this bench4 ,the ,federal ,courts were as ready to betray justice in #ahej as ,kelyng and ,jeffreys and ,scroggs and the other pliant judges of ,charles ,,ii4 or ,james ,,ii4 to support his iniquities4 ,i must speak of this4 99 99 99 99 99 7,,ii47 ,of the conduct of the ,federal ,courts4 ,gentlemen of the ,jury1 that you may understand the enormity of the conduct of the federal courts and the peril they bring upon their victims1 ,i must refresh your memory with a few facts4 #a4 ,i shall begin with the cases in ,pennsylvania4 ,in that ,state four officials of government have acquired great distinction by their zeal in enslaving men1 ,mc,allister1 ,ingraham1 ,grier1 and ,kane2 the two first are ,commissioners1 the latter two ,judges4 ,in one year they had the glory of kidnapping twenty-six ,americans and delivering them over to ,slavery4 ,look at a few cases4 7#a47 ,on the #ajth of ,march1 #ahea1 ,hannah ,dellam was brought before ,judge ,kane charged with being a fugitive slave4 ,she was far advanced in pregnancy1 hourly expecting to give birth to a child4 ,if a convicted murderess is in that condition1 the law delays the execution of its ghastly sentence till the baby is born1 whom the gallows orphans soon4 ,the poor negro woman's counsel begged for delay that the child might be born in ,pennsylvania and so be free1--a poor boon1 but too great for a fugitive slave bill judge to grant4 ,the judge who inherits the name of the first murderer1 disgraced the family of ,cain2 he prolonged his court late into night1 that he might send the child into ,slavery while in the bowels of its mother6 ,judge ,kane held his court and gave his decision in the very building where the ,declaration of ,independence was signed and published to the world4 ,the memorable bell which summons his court1 has for motto on its brazen lips1 ,proclaim ,liberty throughout the ,land1 to all the inhabitants thereof4 7#b47 ,the same year ,rachel ,parker1 a free colored girl1 was seized in the house of ,joseph ,c4 ,miller of ,west-,nottingham1 ,chester ,county1 by ,thomas ,mc,creary of ,elkton1 ,maryland4 ,mr4 ,miller pursued the kidnapper and found the girl at ,baltimore1 and brought a charge of kidnapping against ,mc,creary4 ,but before the matter was decided ,mr4 ,miller was decoyed away and murdered6 ,the man-hunter was set free and the girl kept as a slave1 but after long confinement in jail was at last pronounced free--not by the ,pennsylvania judge but by a ,baltimore ,jury6#age ,footnote #age3 #bj ,anti-,slavery ,report1 #bh and #ba2 ,ibid4 #cd4 7#c47 ,the same year occurred the ,christiana ,tragedy4 ,here are the facts4 ,in ,virginia a general law confers a reward of #ajj on any man who shall bring back to ,virginia a slave that has escaped into another ,state1 and gives him also ten cents for each mile of travel in the chase after a man4 ,accordingly1 beside the officers of the fugitive slave bill courts commissioned for that purpose1 there is a body of professional ,slave-hunters1 who prowl about the borders of ,pennsylvania and entrap their prey4 ,in ,september1 #ahej1 a colored man1 known in the neighborhood around ,christiana to be free1 was seized and carried away by professional kidnappers1 and never afterwards seen by his family4 ,in ,march1 #ahea1 in the same neighborhood1 under the roof of his employer1 during the night1 another colored man was tied1 gagged1 and carried away1 marking the road along which he was dragged by his own blood4 ,he was never afterwards heard from4 ,these and many other acts of a similar kind had so alarmed the neighborhood1 that the very name of ,kidnapper was sufficient to create a panic4#agf ,footnote #agf3 ,history of the ,trial of ,castner ,hanway and others for ,treason 7,philadelphia1 #aheb71 #ce4 ,on the #aath of ,september1 ,edward ,gorsuch1 of ,maryland1 his son1 ,dickerson ,gorsuch1 with a party of friends1 and a ,united ,states officer named ,kline1 who bore the warrant of ,commissioner ,ingraham1 made their appearance in a neighborhood near ,christiana1 ,lancaster ,county1 ,pennsylvania1 in pursuit of a ,slave4 ,they lay in wait for their prey near the house of ,william ,parker1 a colored man4 ,when discovered and challenged1 they approached the house1 and ,gorsuch demanded his ,slave4 ,it was denied that he was there4 ,high words ensued1 and two shots were fired by the assailants at the house4 ,the alarm was then given by blowing a horn1 and the neighborhood roused4 ,a party of colored men1 from thirty to fifty strong1 most of them armed in some way1 were before long on the ground4 ,castner ,hanway and ,elijah ,lewis1 both white men and ,friends1 rode up before the engagement began and endeavored to prevent bloodshed by persuading both parties to disperse peaceably4 ,kline1 the ,deputy ,marshal1 ordered them to join the posse1 which they1 of course1 refused to do1 but urged upon him the necessity of withdrawing his men for their own safety4 ,this he finally did1 as far as he personally was concerned1 when satisfied that there was actual danger of bloody resistance4 ,gorsuch1 however1 and his party persisted in their attempt1 and he and two of his party fired on the colored men1 who returned the fire with deadly effect4 ,gorsuch was killed on the spot1 his son severely1 though not mortally1 wounded1 and the rest of the party put to flight4 ,the dead and wounded were cared for by the neighbors1 mostly ,friends and ,abolitionists4 ,the ,slave1 for the capture of whom this enterprise was undertaken1 made his escape and reached a land of safety4 ,judge ,grier denounced the act from the ,bench as one of ,treason4 ,a party of marines were ordered to the ground to keep the peace after the battle had been fought and won4 ,united ,states ,marshal ,roberts1 ,commissioner ,ingraham1 ,united ,states ,district ,attorney ,ashmead1 with a strong body of police1 accompanied them1 and kept the seat of war under a kind of martial law for several days4 ,the country was scoured1 houses ransacked1 and about thirty arrests made4 ,among those arrested were ,castner ,hanway and ,elijah ,lewis1 whose only crime had been endeavoring to prevent the effusion of blood4 ,the prisoners were brought to ,philadelphia1 examined before a ,commissioner1 and committed on a charge of ,high ,treason4 ,at the next term of the ,district ,court1 under a charge from ,judge ,kane1 the ,grand-,jury found indictments against all of them for this crime4#agg ,footnote #agg3 #bj ,anti-,slavery ,report1 pp4 #cj1 #ca4 ,mr4 ,hanway was brought to trial--for his life1 charged with treason4 ,it appears that this was his overt act4--,he was a ,quaker1 an anti-slavery ,quaker1 and a non-resistant2 when he heard of the attack on the colored people1 he rode on a sorrel horse to the spot1 in his shirt-sleeves1 with a broad felt hat on2 he advised the colored men not to fire1 ,for ,god's sake don't fire2 but when ,deputy ,marshal ,kline ordered him to assist in the kidnapping1 he refused and would have nothing to do with it4 ,some of the colored people fired1 and with such effect on the ,kidnappers as ,i have just now shown4 ,it appeared also that ,mr4 ,hanway had said the fugitive slave bill was unconstitutional1 and that he would never aid in kidnapping a man--words which ,i suppose this ,honorable ,court will consider as a constructive misdemeanor2 obstructing an officer4 ,for this offence his case was presented to the grand-jury of the ,circuit ,court the #bith of ,september1 #ahea4 ,judge ,kane charged the jury--laying down the law of treason4 ,mr4 ,hanway was indicted for wickedly devising and intending the peace and tranquillity of the 444 ,united ,states to disturb2 and that he wickedly and traitorously did intend to levy war against the said ,united ,states4 ,and also that he with force and arms1 maliciously and traitorously did prepare and compose and 444 and cause and procure to be prepared and composed1 divers books1 pamphlets1 letters1 and declarations1 resolutions1 addresses1 papers1 and writings1 and did 444 maliciously and traitorously publish and disperse 444 divers other books 444 containing 444 incitement1 encouragement1 and exhortations1 to move1 induce1 and persuade persons held to service in any of the ,united ,states 444 who had escaped 444 to resist1 oppose1 and prevent1 by violence and intimidation1 the execution of the said laws1 that is the law for kidnapping their own persons4 ,he was brought to trial at ,philadelphia1 ,november #bdth #ahea1 before ,honorable ,judges ,kane and ,grier1 then and subsequently so eminent for their zeal in perverting law and doing judicial iniquity4 ,gentlemen of the ,jury--it is no slander to say this4 ,it is their great glory that in the cause of ,slavery they have struck at the first principles of ,american ,democracy1 and set at nought the ,christian ,religion4 ,it is only their panegyric which ,i pronounce4 ,on behalf of the government there appeared six persons as prosecuting officers4 ,one ,united ,states ,senator from ,pennsylvania 7,mr4 ,cooper71 the ,attorney-,general of ,maryland1 the ,district ,attorney of ,pennsylvania1 the ,recorder of the ,city of ,philadelphia1 and two members of her bar4#agh ,for ,mr4 ,webster1 then ,secretary of ,state1 was highly desirous that ,maryland should send her ,attorney-,general1 ,hon4 ,mr4 ,brent1 to help the government of the ,united ,states prosecute a ,quaker miller1 a ,non-resistant1 for the crime of treason4 ,hon4 ,james ,cooper1 the ,pennsylvania ,senator1 also appeared on behalf of ,maryland1 seeking to convict one of his own constituents6 ,gentlemen1 such conduct carries us back to the time of the ,stuarts2 but despotism is always the same4 ,it was very proper that the ,united ,states government should thus outrage the common decencies of judicial process4 ,footnote #agh3 ,history1 #ee1 #eg2 ,report1 #ai2 #b ,wallace4 ,this question amongst others was put to each juror3-- ,have you formed an opinion that the law of the ,united ,states1 known as the ,fugitive ,slave ,law of #ahej1 is unconstitutional1 so that you cannot for that reason convict a person indicted for a forcible resistance thereto1 if the facts alleged in the indictment are proved and the court hold the statute to be constitutional8 ,thus all persons were excluded from the jury who believed this wicked bill a violation of the constitution2 and one most important means of the prisoner's legitimate defence was purposely swept away by the court4 ,now look at the law as laid down by the government4 ,mr4 ,ashmead1 the government's ,attorney1 said when the ,constitution was adopted ,men had not then become wiser than the laws the laws of ,england and colonial laws which they were born under and broke away from2 nor had they learned to measure the plain and unambiguous letter of the ,constitution by an artificial standard of their own creation that is the ,self-evident ,truth that all men have a natural and unalienable ,right to ,life1 ,liberty1 and the ,pursuit of ,happiness2 to obey or disregard it according as it came up to or fell beneath it as the law was just or unjust4 ,you will receive the law from the court4 ,you are bound by the instructions which the court may give in respect to it2 it is in no sense true that you are judges of the law4 ,you must take the interpretation which the court puts upon it4 ,you have a right to apply the law to the facts1 but you have no right to go further4 ,the crime charged against this defendant is 444 that of levying war against the ,united ,states4 ,the phrase levying war was long before the adoption of the ,constitution1 a phrase 444 embracing such a forcible resistance to the laws as that charged against this defendant that is1 speaking against the fugitive slave bill and refusing to kidnap a man is 'levying war against the ,united ,states'6 ,it is treason if the intention is by force to prevent the execution of any one 444 of the general laws of the ,united ,states1 or to resist the exercise of any legitimate authority of the government4 ,levying war embraces 444 any combination forcibly to prevent or oppose the execution 444 of a public statute1 if accompanied or followed by an act of forcible opposition4 ,of course the court is to determine the meaning of force2 and using the same latitude of construction as in interpreting levying war1 it would mean1 a word1 a look1 a thought1 a wish1 a fancy even4 ,mr4 ,ludlow enforced the same opinions1 relying in part on the old tyrannical decisions of the ,british courts in the ages of despotism1 and on the opinion of ,judge ,chase--who had derived his law of treason from that source1 and was impeached before the ,american ,senate for his oppressive conduct while judge in the very trials whence these iniquitous doctrines were derived6 ,but ,mr4 ,ludlow says if a spurious doctrine have been introduced into the common law 444 it would require great hardihood in a judge to reject it4 ,so the jury must accept a spurious doctrine as genuine law6 ,in treason1 all the participes criminis are principals2 there are no accessaries to this crime4 ,every act which 444 would render a man an accessary will 444 make him a principal4 ,if any man joins and acts with an assembly of people1 his intent is always to be considered 444 the same as theirs2 the law 444 judgeth of the intent by the ,fact4 ,this was ,judge ,kelyng's law4 ,it may be 444 advanced that because ,hanway was not armed1 he was not guilty4 ,it is perfectly well settled that arms are not necessary4 ,military weapons 444 are not necessary 444 to a levying war4 ,this is the opinion of ,judge ,chase1 and it may be alleged that ,judge ,chase was impeached1 and that therefore his opinions are of little weight4 ,whatever may have been the grounds of that impeachment1 it is not for us to discuss4 ,if a body of men be assembled for the purpose of effecting a treasonable object that is1 'to oppose the execution of a public statute1' no matter what or how all those who perform any part1 however minute1 or however remote from the scene of action 444 are equally traitors4 ,mr4 ,brent1 the ,maryland ,state ,attorney1 whom ,mr4 ,webster had sent there1 declared that any combination like this1 of colored and white persons1 to prevent the execution of the ,fugitive ,slave ,law1 is treason4 ,mr4 ,cooper1 the ,pennsylvania ,senator1 adds1 ,castner ,hanway 444 having been present 444 at the time the overt act was committed1 he is a principal 444 provided he was there aiding and abetting the objects of the confederated parties4 ,persons procuring1 contriving1 or consenting1 come within the words aid and abet4 ,so if he encourages1 assists1 or consents to the act1 it is enough2 he becomes at once an aider and abettor1 and obnoxious to all the pains and penalties denounced against it4 ,if persons do assemble themselves and act with some force in opposition to some law 444 and hope thereby to get it repealed1 this is a levying war and high treason4 ,that is1 an assembly of men acting against any law1 with any force of argument1 in order to procure its repeal1 levies war and is guilty of treason6 ,to connect ,mr4 ,hanway with this constructive treason1 the government relied on the evidence of ,mr4 ,kline1 the ,deputy ,marshal of the court1 a man like ,mr4 ,butman and ,mr4 ,patrick ,riley1 so well known in this court1 and so conspicuous for courage and general elevation of character4 ,witnesses testified that ,kline was so much addicted to falsehood that they would not believe him on oath1--but what of that8 ,he had conquered his prejudices4 ,it appeared that ,mr4 ,hanway went to the scene of action on a sorrel horse1 in his shirt-sleeves1 with a felt hat on1 and did not join the ,deputy in attempting to kidnap when commanded4 ,hear how ,mr4 ,ludlow constructs levying war out of the disobedience of a non-resistant ,quaker in a felt hat and shirt-sleeves1 mounted on a sorrel horse6 ,hearken to this voice of the government3-- ,suddenly he sees the assembled band of infuriated men4444 ,does he leave the spot8 ,no1 ,sir6 ,does he restrain the negroes8 ,take the evidence for the defence in its fullest latitude1 and you will perceive he raised the feeble cry1 ',don't shoot6 for ,god's sake don't shoot6' and there it ended4 ,is that consistent with innocence8444 according to their own evidence the conclusion is irresistible that he was not innocent4 ,but he does more than this4 ,when summoned by the ,deputy to steal a man he is thrown off his guard1 and exclaims1 ',i will not assist you2' 'he allowed the colored people had a right to defend themselves4' ',he did not care for that ,act of ,congress or any other ,act of ,congress4' ,and so with his unsaddled sorrel nag this non-resistant miller levies war upon the ,united ,states by crying ,don't fire1 and commits treason by the force and arms of a broad-brimmed ,quaker hat4 ,the smallest amount of force is sufficient1 military weapons are not necessary to levy war6 ,mr4 ,brent thought if ,mr4 ,hanway was not hanged it would appear that a small and miserable and traitorous faction can resist and annul the laws of the ,united ,states4 ,put down these factions the ,free-,soil ,party1 the ,liberty ,party1 the ,anti-,slavery ,societies1 overwhelm them with shame1 disgrace1 and ruin1 or you are not good citizens fulfilling the bonds that bind you to us of the ,south4 ,the government ,attorney declared that ,mr4 ,hanway and others ,had no right to refuse to assist because it was repugnant to their consciences4 ,conscience6 ,conscience 444 is the pretended justification for an ,american citizen to refuse to execute a law of his country4 ,damnable1 treasonable doctrine4 ,he has become a conspirator1 he has connected himself with them1 and all their acts are his acts1 and all their intentions are his intentions4 ,the whole neighborhood was not only disloyal1 but wanting in common humanity3 the whole region is infected1 in that horde of traitors2 a whole county1 a whole township1 a whole neighborhood are involved in plotting treason4 ,when you see these things can you not infer 444 that he went there by pre-arrangement6 ,when you see a man 444 not saying one word to save his dear colored friends from the guilt of murder1 ,i say it is passing human credulity to say that you cannot infer in all that a feeling of hostility to the law1 and an intention to resist it4 ,the consequences of the verdict are not with the jury3 the responsibility will not be with you--you are not responsible for those just consequences4 ,when you allege that a master has come into ,pennsylvania and illegally seized and possessed himself of his slave without process1 you are to inquire1 ',has he done that which he had authority to do in his own ,state8' ,you are to look to the laws of his own ,state2 for the ,supreme ,court says1#agi ',he has the same right to repossess his slave here as in his own ,state4' ,he who employs a man said to have come from ,maryland without being satisfied of his freedom1 is himself guilty of the first wrong4 ,footnote #agi3 #af ,peters1 ,prigg v4 ,penn4 ,senator ,cooper closed for the government4 ,law was not enough for him2 he would have the sanction of ,religion also4 ,so he read extract from a ,sermon4 ,gentlemen of the ,jury1 you have not had the benefit of ,rev4 ,dr4 ,adams's prayers in this court2 it is a pity you should not be blessed with the theology of despotism2 listen therefore to the ,thanksgiving ,sermon of ,rev4 ,dr4 ,wadsworth1 which ,hon4 ,mr4 ,cooper read to the ,jury in ,independence ,hall4 ,for passing by all other causes of irritation as just now secondary and subordinate1 look for a moment1 at the influence which the ,gospel of ,christ would have in this great sectional controversy about slavery4 ,first1 ,it would say to the ,northern fanatic1 who vapors about man-stealing as if there were no other evil under the sun but this one evil of ,slavery--it would say to him1 ,emulate the spirit of your blessed ,master and his apostles1 who1 against this very evil man-stealing in their own times1 brought no railing accusation2 but in one instance at least1 sent back a fugitive from the household of ,philemon4 ,in treating ,southern ,christian slaveholders with ,christian courtesy1 and sending back their fugitives when apprehended among you1 you neither indorse the system nor partake of its evil2 you are only performing in good faith the agreement1 and redeeming the pledges of your forefathers1 and leaving to each man for himself to answer for his own acts at the judgment-seat of ,jesus4 ,it would tear away from the man1 as the foulest cloak of hypocrisy1 that pretence of a religious principle in this whole matter of political abolitionism4 ,religious principle6 ,oh my ,god6 ,that religious principle1 that for the sake of an abstract right whose very exercise were disastrous to the unprepared bondmen who inherit it1 would tear this blest confederacy in pieces1 and deluge these smiling plains in fraternal blood1 and barter the loftiest freedom that the world ever saw1 for the armed despotism of a great civil warfare6 ,that religious principle which1 in disaster to man's last great experiment1 would fling the whole race back into the gloom of an older barbarism--rearing out of the ruin of these free homes1 the thrones of a more adamantine despotism--freedom's beacons all extinguished1 and the whole race slaves4 ,that religious principle through which1 losing sight of ,god's great purpose of evangelizing the nations1 by ,american ,slavery1 would shatter the mightiest wheel in the mechanism of salvation1 and palsy the wing of ,god's preaching angel in its flight through the skies4 ,alas--alas6 ye that count as little this bond of blessed brotherhood1 wrought by our fathers' mighty hands and bleeding hearts--we tell you1 sorrowing and in tears1 that your pretence is foul hypocrisy4 ,ye have reversed the first precept of the gospel1 for your wisdom is a dove's1 and your harmlessness a serpent's4 ,ye have not the first principle within you either of religion or philanthropy1 or common human benevolence4 ,your principle is the principle of ,judas ,iscariot1 and with the doom of the traitor ye shall go to your own place4 ,no1 ,sir--no1 ,sir1 concludes the ,senator thirsting for his constituent's blood1 ',there is no gospel in all this treasonable fanaticism--for treason to my country is rebellion to my ,god4' ,judge ,grier charged the ,jury2--but as he stuck out from the phonographer's report--of which the proof-sheets were sent to him--the most offensive portion1 ,gentlemen of the ,jury1 ,i shall not be able to enlighten you with all the legal words of this consummate judge4 ,so be content with the following ,elegant ,extracts4 ,with the exception of a few individuals of perverted intellect in some small districts or neighborhoods whose moral atmosphere has been tainted and poisoned by male and female vagrant lecturers and conventions1 no party in politics1 no sect of religion1 or any respectable numbers or character can be found within our borders1 who have viewed with approbation or have looked with any other than feelings of abhorrence upon this disgraceful tragedy4 ,it is not in this ,hall of ,independence that meetings of infuriated fanatics and unprincipled demagogues have been held to counsel a bloody resistance to the laws of the land4 ,it is not in this city that conventions are held denouncing the ,constitution1 the ,laws1 and the ,bible4 ,it is not here that the pulpit has been desecrated by seditious exhortations1 teaching that theft a man stealing his own limbs and person from his 'lawful owner' is meritorious1 murder in self-defence killing a man-stealer excusable1 and treason opposition to the fugitive slave bill a virtue6 ,the guilt of this foul murder the shooting of a kidnapper by the men whom he intended for his victims1 and whose premises he invaded without due process of law1 and with armed force1 rests not alone on the deluded individuals who were its immediate perpetrators1 but the blood taints with even deeper dye the skirts of those who promulgated doctrines subversive of all morality and all government1 that is1 of ,slavery and the fugitive slave bill4 ,this murderous tragedy is but the necessary development of principles and the natural fruit from seed sown by others whom the arm of the law cannot reach1 such as the ,authors of the ,declaration of ,independence1 and still more the ,author of the ,sermon on the ,mount4 ,this the slave clause of the ,constitution is the ,supreme law of the land1 binding 444 on the conscience and conduct of every individual citizen of the ,united ,states4 ,the shout of disapprobation with which this the fugitive slave bill has been received by some1 has been caused 444 because it is an act which can be executed 444 the real objection 444 is to the ,constitution itself1 which is supposed to be void in this particular1 from the effect of some 'higher law4' ,it is true that the number of persons whose consciences affect to be governed by such a law that is the law of ,natural ,morality and ,religion1 is very small4 ,but there is a much larger number who take up opinions on trust1--and have concluded this must be a very pernicious and unjust enactment1 for no other reason than because the others shout their disapprobation with such violence and vituperation4 ,this law is ,constitutional4 ,the question of its ,constitutionality is to be settled by the ,courts1 fugitive slave bill courts1 and not by conventions either of laymen or ecclesiastics4 ,we are as much bound to support this law as any other4 ,the jury should regard the construction of the ,constitution as given them by the court as to what is the true meaning of the words levying war4 ,in treason all are principals1 and a man may be guilty of aiding and abetting1 though not present4 ,he spoke of those associations1 or conventions1 which occasionally or annually infest the neighboring village of ,west-,chester1 for the purpose of railing at and resisting the ,constitution and laws of the land that is the fugitive slave bill and other laws which annihilate a man's unalienable right to his liberty1 and denouncing those who execute them as no better than a ,scroggs or a ,jeffreys2--who stimulate and exhort poor negroes to the perpetration of offences which they know must bring them to the penitentiary or the gallows4 ,but he thought refusing to aid the deputy marshal in kidnapping was not an act of levying war1 or treason against the ,united ,states4 ,in so doing he is not acting the part of an honest1 loyal citizen who ought to do any wickedness which a bum-bailiff commands2 he may be liable to be punished for a misdemeanor for his refusal to interfere4 ,but he thought the government was right in procuring an indictment for ,treason4 ,for meetings had been held in many places in the ,north1 denouncing the law1 and advising a traitorous resistance to its execution3 conventions of infuriated fanatics had invited to acts of rebellion2 and even the pulpit had been defiled with furious denunciations of the law1 and exhortations to a rebellious resistance to it4 ,the government was perfectly justified in supposing that this transaction was but the first overt act of a treasonable conspiracy1 extending over many of the ,northern ,states1 to resist by force of arms the execution of this article of the ,constitution and the laws framed in pursuance of it4 ,in making these arrests1 and having this investigation1 the officers of government have done no more than their strict duty4 ,the activity1 zeal1 and ability1 which have been exhibited by the learned ,attorney of the ,united ,states1 in endeavoring to bring to condign punishment the perpetrators of this gross offence1 are deserving of all praise4 ,it has given great satisfaction to the ,court also1 that the learned ,attorney-,general of ,maryland1 and the very able counsel associated with him ,senator ,cooper of ,pennsylvania have taken part in this prosecution4 ,in about fifteen minutes the ,jury returned a verdict of ,,not ,,guilty4#ahj ,footnote #ahj3 ,see ,report of ,trial of ,castner ,hanway1 ,phil4 #aheb4 99 99 99 99 99 7#d47 ,on the #bith of ,april1 #aheb1 a man named ,william ,smith was arrested by ,commissioner ,mc,allister of ,columbia1 ,pennsylvania1 on complaint of one ,ridgeley of ,baltimore4 ,while in the custody of the officers1 ,smith endeavored to escape1 and ,ridgeley drew a pistol and shot him dead4 ,the murderer escaped4 ,no serious efforts were made by the ,state authorities to bring that offender to justice4 ,he has the same right to repossess his slave here as in his own ,state2 the same right to kill him if he attempts to escape6 ,mr4 ,toombs is modest--but we shall soon see the slaveholder not only sit down with his slaves at the foot of ,bunker ,hill ,monument1 but shoot them if they attempt to run away6 ,nay1 ,gentlemen1 we shall see this ,court defending the slave-hunter's privilege4 7#e47 ,here is another case1 ,gentlemen of the ,jury1 in which this same ,judge ,grier appears1 and with his usual humanity4 ,this is a brief account of the case of ,daniel ,kauffman4 ,in #aheb he allowed a party of fugitive slaves to pass the night in his barn1 and gave them food in the morning4 ,for this he was brought before ,judge ,grier's court and fined #b1hjj6 ,it was more than his entire property4 ,gentlemen1 there are persons in this room who gave money to ,mr4 ,kauffman1 to indemnify him for his losses2 were not they also guilty of treason1 at least of a misdemeanor8 ,they evinced an express liking for ,freedom and ,humanity1 not ,slavery and bloodshed4 7#f47 ,but here is yet one more1--which you shall have in the language of another3-- ,in a case of attempted ,slave-catching at ,wilkesbarre1 in ,pennsylvania1 the ,deputy ,marshal1 ,wyncoop and his assistants1 had behaved with such atrocious and abominable cruelty1 that the citizens felt that justice demanded their punishment for the outrage4 ,they were1 accordingly1 arrested on a warrant issued by a most respectable magistrate1 on the oath of one of the principal inhabitants of the place4 ,a writ of habeas corpus was forthwith sued out1 returnable before ,judge ,grier4 ,when the ,district ,attorney1 ,ashmead1 moved the discharge of the relators1 7which1 it is needless to say1 was ordered17 ,judge ,grier delivered himself to the following effect4 ',if habeas corpuses are to be taken out after that manner1 ,i will have an indictment sent to the ,united ,states ,grand-,jury against the person who applies for the writ1 or assists in getting it1 the lawyer who defends it1 and the sheriff who serves the writ1 to see whether the ,united ,states officers are to be arrested and harassed whenever they attempt to serve a process of the ,united ,states4' #b4 ,gentlemen of the ,jury1 you might suppose that love of liberty had altogether vanished from the ,free ,states1 else how could such men ride over the local law as well as natural justice8 ,but ,i am happy to find one case where the wickedness of the fugitive slave bill courts was resisted by the people and the local judges--it is a solitary case1 and occurred in ,wisconsin3-- ,about the middle of ,march1 #ahed1 a man named ,joshua ,glover1 was seized near ,racine1 in ,wisconsin1 as a ,fugitive ,slave4 ,his arrest was marked by the circumstances of cruelty and cowardice which seem to be essential to the execution of this ,law above all others4 ,he was brought1 chained and bleeding1 to ,milwaukee1 where he was lodged in jail4 ,as soon as the news spread1 an indignation1 as general as it was righteous1 prevailed throughout the city4 ,a public meeting was forthwith called1 and held in the open air1 at which several of the principal citizens assisted4 ,stirring speeches were made1 and strong resolutions passed1 to the effect that the rights of the man should be asserted and defended to the utmost4 ,counsel learned in the law volunteered1 and all necessary process was issued1 as well against the claimant for the assault and battery1 as in behalf of the man restrained of his liberty4 ,a vigilance committee was appointed to see that ,glover was not secretly hurried off1 and the bells were ordered to be rung in case any such attempt should be made4 ,but the people were not disposed to trust to the operation of the ,slave ,law1 administered by ,united ,states ,judges or ,commissioners1 and they stepped in and settled the question for themselves in a summary manner4 ,a hundred men arrived1 in the afternoon1 from ,racine1 the town from which the man had been kidnapped1 who marched in order to the jail4 ,they were soon reinforced by multitudes more1 and a formal demand was made for the slave4 ,this being denied1 an attack was made upon the door1 which was soon broken in1 the man released1 and carried back in triumph to ,racine1 whence he was afterwards conveyed beyond the jurisdiction of the star-spangled banner4 ,a mass convention of the citizens of ,wisconsin was afterwards held to provide for similar cases1 should they occur1 and a most sound and healthy tone of feeling appears to have pervaded that youthful commonwealth4 ,after the rescue had been effected1 the ,united ,states ,marshal arrested several persons for the offence of resisting an officer in the discharge of his duties4 ,among these was ,mr4 ,sherman ,m4 ,booth1 the editor of the ,free ,democrat4 ,when brought before a ,commissioner1 in the custody of the ,marshal1 a writ of habeas corpus was sued out on his behalf1 and he was brought before ,judge ,a4,d4 ,smith1 of the ,supreme ,court4 ,after a full hearing1 ,judge ,smith granted him his discharge1 on the ground that the fugitive slave law was unconstitutional4 ,the ,marshal then had the proceedings removed by a writ of certiorari before a full bench of the ,supreme ,court1 when the decision of ,judge ,smith was confirmed1 and ,mr4 ,booth discharged from custody4 ,immediately afterwards1 ,judge ,miller1 of the ,united ,states ,district ,court1 issued another warrant for the arrest of ,mr4 ,booth1 making no mention of the fugitive slave act1 but directing his arrest to answer to a charge for abetting the escape of a prisoner from the custody of the ,united ,states ,marshal4 ,another writ of habeas corpus was sued out1 but it was denied by the ,supreme ,court1 on the ground that there was nothing on the face of the record to bring it within range of their former decision4 ,in the mean time the ,united ,states ,judge and ,marshal were busy in their vocation4 ,it affirmed that the ,grand-,jury was packed in the most unblushing manner1 until an inquest was made up that would answer the purpose of the ,government4 ,however this may have been1 indictments were found in the ,district ,court1 against ,mr4 ,booth and several other persons4 ,a petty ,jury selected with the same care that had been bestowed on the composition of the ,grand-,jury1 convicted ,mr4 ,booth and ,mr4 ,ryecraft4 ,all the weight of the government was thrown against the defendants4 ,special counsel were retained to assist the ,district ,attorney1 the instructions of the ,court were precise and definite against them2 all motions in their behalf resting on the irregularities and injustices of the proceedings were overruled4 ,so were all motions subsequent to the conviction for an arrest of judgment4 ,they were sentenced to fine and imprisonment--,mr4 ,booth to pay one thousand dollars and costs1 and to be imprisoned one month1 and ,mr4 ,ryecraft to pay two hundred dollars1 and to be imprisoned for ten days4 ,on these sentences they were committed to jail4 ,the public excitement in ,milwaukee1 and throughout the ,state1 was intense4 ,it was with difficulty that the people could be restrained from forcibly liberating the prisoners4 ,fortunately there was no occasion for any such extreme measures4 ,they found protection1 where it ought to be found1 in the constituted authorities of their ,state4 ,a writ of habeas corpus was issued in their behalf by the ,supreme ,court1 then sitting at ,madison1 the ,capital of the ,state1 returnable before them there4 ,escorted by two thousand of their fellow-citizens1 thither1 in charge of the ,high ,sheriff1 they had a hearing at once4 ,after full deliberation1 the ,court unanimously ordered them to be discharged4 ,the majority of the ,court made this decision on the ground of the unconstitutionality of the fugitive slave law1 one ,judge 7,crawford7 sustaining the law1 but concurring in the order on the ground that no offence1 under that ,act1 was charged in the indictment4 ,so the prisoners were discharged1 and brought home in triumph4 ,gentlemen1 that matter will be carried up to the ,supreme ,court of the ,united ,states1 and you may yet hear the opinion of the ,hon4 ,associate ,justice ,curtis1 for which let us wait with becoming reverence4 99 99 99 99 99 #c4 ,here is the case of ,mr4 ,sloane1 which happened in the ,state of ,ohio4 ,in ,october1 #aheb1 several colored persons were about leaving ,sandusky in a steamer for ,detroit1 when they were seized and taken before ,mr4 ,follet1 mayor of the city1 and claimed as fugitive slaves4 ,this seizure was made by the city marshal and three persons claiming to act for the owners of the slaves4 ,after the colored persons were brought before the mayor1 their friends engaged ,mr4 ,rush ,r4 ,sloane to act as counsel in their defence4 ,he demanded of the mayor and the claimants by what authority the prisoners were detained4 ,there was no reply4 ,he then asked1 whether they were in the custody of a ,united ,states ,marshal or ,commissioner4 ,again there was no reply4 ,he next called for any writs1 papers1 or evidences by which they were detained4 ,still there was no answer4 ,he then said to his clients1 ,i see no authority to detain your colored friends4 ,at that time some one near the door cried out1 ,hustle them out1 and soon the crowd and the alleged fugitives were in the street4 ,then one of the claimants said to ,mr4 ,sloane1 ,i own these slaves2 they are my property1 and ,i shall hold you individually liable for their escape4 ,these were the first and only words he spoke to ,mr4 ,sloane1 and then not until the black men were in the street4 ,in due time ,mr4 ,sloane was arrested for resisting the execution of the fugitive slave bill1 though he had only acted as legal counsel for the alleged slaves and had offered no resistance to the law1 by deed1 or word1 or sign4 ,he was brought to trial at ,columbus4 ,before the jurors were sworn they were all asked whether they had any conscientious scruples against the fugitive slave law1 and would hesitate to convict under it4 ,if they said ,yes1 they were rejected4 ,thus a jury was packed for the purpose1 and the trial went on4 ,thirteen unimpeached witnesses deposed to the facts stated before1 while the slave claimant had no evidence but the city marshal of ,sandusky--the ,tukey of that place--and two of the three slave-catchers--who swore that they had with them powers of attorney for the seizure of twenty-four slaves4 ,gentlemen1 such was the action of the court1 and such the complexion of the packed jury1 that ,mr4 ,sloane was found guilty4 ,the ,judge1 ,hon4 ,mr4 ,leavitt1 refused to sign a bill of exceptions1 enabling him to bring the matter before the ,supreme ,court4 ,mr4 ,sloane was sentenced to pay a fine of #c1jjj1 and #icj as costs of court6 ,such was the penalty for a lawyer telling his clients that he saw no authority to detain them1--after having three times demanded the authority1 and none had been shown6 99 99 99 99 99 #d4 ,gentlemen of the ,jury1 ,i now come to cases which have happened in our own ,state1--in this city4 ,some alarm was felt as soon as ,mr4 ,mason's fugitive slave bill was proposed in the ,senate4 ,but men said1 ,no northern man will support it4 ,there is much smoke and no fire4 ,but when on the #gth of ,march1 #ahej1 ,mr4 ,webster adopted the bill1 and promised to defend it and the amendments to it1 with all its provisions to the fullest extent2 when he declared that ,massachusetts would execute the infamous measure with alacrity--then not only alarm but indignation took possession of northern breasts4 ,the friends of ,slavery at ,boston must do all in their power to secure the passage of the bill1 the prosperity of its adoptive father1 and its ultimate enforcement--the kidnapping of men in ,massachusetts4 ,here are the measures resorted to for attaining this end4 i4 ,a meeting was called at the ,revere ,house1 that ,mr4 ,webster might defend his scheme for stealing his constituents and putting himself into the ,presidency4 ii4 ,a public letter was written to him approving of his attempts to restore man-stealing1 and other accompaniments of slavery1 to the free ,states4 ,this letter declared the deep obligations of the signers for what this speech has done and is doing2 we wish to thank you1 they say1 for recalling us to our duties under the constitution2 you have pointed out to a whole people the path of duty1 have convinced the understanding1 and touched the conscience of the nation2 we desire1 therefore1 to express to you our entire concurrence in the sentiments of your speech4 ,this letter was dated at ,boston1 ,march #beth1 #ahej1 and received #ihg signatures1 it is said4 iii4 ,when the bill became an ,act of government1 a hundred cannons1 as ,i have before stated1 were fired on ,boston ,common in token of joy at the restoration of slavery to our ,new ,england soil4 iv4 ,articles were written in the newspapers in defence of kidnapping1 in justification of the fugitive slave bill4 ,the ,boston ,courier and ,boston ,daily ,advertiser gave what influence they had in support of that crime against ,america4 v4 ,several ministers of ,boston came out and publicly1 in sermons in their own pulpits1 defended the fugitive slave bill1 and called on their parishioners to enforce the law6 ,gentlemen of the ,jury1 need ,i tell you of the feelings of the ,philanthropists of ,boston1--of the colored citizens who were to be the victims of this new abomination6 ,within twenty-four hours of its passage more than thirty citizens of ,boston1 colored citizens1 fled in their peril to a man whose delight it is to undo the heavy burthens and let the oppressed go free4 ,while others were firing their joyful cannon at the prospect of kidnapping their brothers and sisters1 ,francis ,jackson helped his fellow ,christians into the ark of ,deliverance which he set afloat on that flood of ,sin4 ,gentlemen1 he is here to-day--he is one of my bondsmen4 ,there are the others--this venerable gentleman ,samuel ,may1 this steadfast friend ,john ,r4 ,manley4 vi4 ,it was not long before the kidnappers came here for their prey4 7#a47 ,i must dwell a moment on the first attempt4 ,gentlemen of the ,jury1 you know the story of ,william and ,ellen ,craft4 ,they were slaves in ,georgia2 their master was said to be a very pious man1 an excellent ,christian4 ,ellen had a little baby1--it was sick and ready to die4 ,but one day her owner--for this wife and mother was only a piece of property--had a dinner party at his house4 ,ellen must leave her dying child and wait upon the table4 ,she was not permitted to catch the last sighing of her only child with her own lips2 other and ruder hands must attend to the mother's sad privilege4 ,but the groans and moanings of the dying child came to her ear and mingled with the joy and merriment of the guests whom the mother must wait upon4 ,at length the moanings all were still--for ,death took a ,north-side view of the little boy1 and the born-slave had gone where the servant is free from his master and the weary is at rest--for there the wicked cease from troubling4 ,ellen and ,william resolved to flee to the ,north4 ,they cherished the plan for years2 he was a joiner1 and hired himself of his owner for about two hundred dollars a year4 ,they saved a little money1 and stealthily1 piece by piece1 they bought a suit of gentleman's clothes to fit the wife2 no two garments were obtained of the same dealer4 ,ellen disguised herself as a man1 ,william attending as her servant1 and so they fled off and came to ,boston4 ,no doubt these ,hon4 ,judges think it was a very immoral thing4 ,mr4 ,curtis knows no morality here but legality4 ,nay1 it was a wicked thing--for ,mr4 ,everett1 a most accomplished scholar1 and once a ,unitarian minister1 makes ,st4 ,paul command ,,slaves1 obey your masters6 ,nay1 ,hon4 ,judge ,sprague says it is a precept of our ,divine ,master6 ,ellen and ,william lived here in ,boston1 intelligent1 respected1 happy4 ,the first blow of the fugitive slave bill must fall on them4 ,in ,october1 #ahej1 one ,hughes1 a jailer from ,macon1 ,georgia1 a public negro-whipper1 who had once beaten ,ellen's uncle almost to death1 came here with one ,knight1 his attendant1 to kidnap ,william and ,ellen ,craft4 ,they applied to ,hon4 ,mr4 ,hallett for a writ4 ,perhaps they had heard 7false7 rumors that the ,hon4 ,commissioner was a little slippery in his character2 that he was not overscrupulous in his conduct2 that he would do any dirty work for political preferment4 ,gentlemen1 you know that such rumors will get abroad1 and will be whispered of the best of men4 ,of course you would never believe them in this case3 but a kidnapper from ,georgia might2 distance lends illusion1 as well as enchantment1 to the view4 ,but be that as it may1 ,mr4 ,hallett 7in #ahej7 appeared to have too much manhood to kidnap a man4 ,he was better than his reputation2 ,i mean his reputation with ,knight and ,hughes1 and would not 7then7 steal ,mr4 and ,mrs4 ,craft4 ,this is small praise2 it is large in comparison with the conduct of his official brethren4 ,but for the salvation of the ,union another ,commissioner was found who had no such scruples4 ,this ,honorable ,court--,mr4 ,woodbury was then in the chief place1 and ,mr4 ,sprague in his present position--issued the writ of man-stealing4 ,two gentlemen of this city were eminently1 but secretly1 active in their attempt to kidnap their victim4 ,i shall speak of them by and by4 ,somebody took care of ,ellen ,craft4 ,william less needed help2 he armed himself with pistols and a poignard1 and walked in the streets in the face of the sun4 ,he was a tall1 brave man1 and was quite as cool then as this ,honorable ,court is now1 while ,i relate their glorious first essay in man-stealing4 ,public opinion at length drove the 7southern7 kidnappers from ,boston4 ,then the ,crafts also left the town and the country1 and found in the ,monarchical ,aristocracy of ,old ,england what the ,new ,england ,democracy refused to allow them--protection of their unalienable right to ,life1 ,liberty1 and the pursuit of ,happiness4 ,gentlemen1 the ,evangelists of slavery could not allow a ,southern kidnapper to come to ,boston and not steal his man3 they were in great wrath at the defeat of ,hughes and ,knights4 ,so they procured a meeting at ,faneuil ,hall to make ready for effectual kidnapping and restoring ,slavery to ,boston4 ,the great ,union meeting was held at ,faneuil ,hall ,november #bfth1 #ahej1--two days before the annual ,thanksgiving2 it was a preparatory meeting to make ready the hearts of the ,people for that dear ,new ,england festival when we thank ,god for the ,harvest of the ,land1 and the ,harvest of the ,sea1 and still more for the ,state whose laws are ,righteousness1 and the ,church that offers us the ,liberty wherewith ,christ hath made us free1 the glorious ,liberty of the ,sons of ,god4 ,here are the ,resolutions which were passed4 ,resolved1 ,that the preservation of the ,constitution and the ,union is the paramount duty of all citizens2--that the blessings which have flowed from them in times past1 which the whole country is now enjoying under them1 and which we firmly believe posterity will derive from them hereafter1 are incalculable2 and that they vastly transcend in importance all other political objects and considerations whatever4 ,resolved1 ,that it would be folly to deny that there has been and still is danger to the existence of the ,union1 where there is prevalent so much of a spirit of disunion1 constantly weakening its strength and alienating the minds of one part of the people of the ,united ,states from another2 and that if this spirit be not checked and restrained1 and do not give way to a spirit of conciliation and of patriotic devotion to the general good of the whole country1 we cannot expect a long continuance of the political tie which has hitherto made us one people2 but must rather look to see groups of rival neighboring republics1 whose existence will be a state of perpetual conflict and open war4 ,resolved1 ,that all the provisions of the ,constitution of the ,united ,states--the supreme law of the land--are equally binding upon every citizen1 and upon every ,state in the ,union2--that ,,all laws passed by ,congress1 in pursuance of the ,constitution1 are equally binding on all the citizens1 and no man is at liberty to resist or disobey any one constitutional act of ,congress any more than another2 and that we do not desire or intend to claim the benefit of any one of the powers or advantages of the ,constitution1 and to refuse1 or seem to refuse1 to perform any part of its duties1 or to submit to any part of its obligations4 ,resolved1 ,that the adjustment of the measures which disturbed the action of ,congress for nearly ten months of its last session1 ought to be carried out by the people of the ,united ,states in good faith1 in all the substantial provisions2 because1 although we may differ with each other about the details of those measures1 yet1 in our judgment1 a renewed popular agitation of any of the main questions then settled1 would be fraught with new and extreme dangers to the peace and harmony of the country1 which this adjustment has happily restored4 ,resolved1 ,that every species and form of resistance to the execution of a regularly enacted law1 except by peaceable appeal to the regular action of the judicial tribunals upon the question of its constitutionality--an appeal which ought never to be opposed or impeded--is mischievous1 and subversive of the first principles of social order1 and tends to anarchy and bloodshed4 ,resolved1 ,that men1 who directly or indirectly instigate or encourage those who are or may be the subjects of legal process1 to offer violent resistance to the officers of the law1 deserve the reprehension of an indignant community1 and the severest punishment which its laws have provided for their offence2 and that we have entire confidence that any combination or attempt to fix such a blot upon the fair fame of our ,state or city1 will be promptly rebuked and punished1 by an independent and impartial judiciary1 and by firm and enlightened juries4 ,resolved1 ,that we will at all times1 in all places1 and under all circumstances1 so far as our acts or influence may extend1 sustain the ,federal ,union1 uphold its ,constitution1 and enforce the duty of obedience to the laws4 ,a singular preparation for a ,thanksgiving day in ,boston6 ,but on that festival1 ,gentlemen1 three ,unitarian ministers thanked ,god that the fugitive slave bill would be kept in all the land6 ,several speeches were made at the meeting1 some by ,whigs1 some by ,democrats1 for it was a ,union meeting1 where ,herod and ,pilate were made friends4 ,gentlemen1 ,i must depart a little from the severity of this defence and indulge you with some of the remarks of my distinguished opponent1 ,hon4 ,attorney ,hallett3 then he was merely a lawyer1 and fugitive slave bill ,commissioner1 appointed to take bail1 affidavits1 and colored men1--he was only an expectant ,attorney4 ,his speech was a forerunner of the ,indictment which has brought us together4 ,hearken to the words of ,mr4 ,hallett in his preparatory lecture3-- ,we can now say that there is no law of the ,united ,states which cannot be executed in ,massachusetts4 ,if there was any doubt before1 there can be no doubt now2 and if there be any wild enough hereafter to resort to a fancied ',higher ,law' to put down law that is1 the fugitive slave bill1 they will find in your determined will a stronger law to sustain all the laws of the ,united ,states4 ,the threatened nullification comes from ,massachusetts upon a law the fugitive slave bill which the whole ,south insist is vital to the protection of their property and industry much of their property and industry being addicted to running away4 ,and shall ,massachusetts nullify that law8 ,the question for us to-day is whether we will in good faith abide by1 and carry out these ,peace ,measures for the rendition of fugitive slaves1 the new establishment of ,slavery in ,utah and ,new ,mexico1 and the restoration of it to all the ,north or whether we shall rush into renewed agitation1 etc4 ,resort is had to a new form of moral treason which assumes by the mysterious power of a ',higher ,law' to trample down all law that is1 the fugitive slave bill4 ,some of our fellow-citizens have avowed that the fugitive slave bill is to be treated like the ,stamp ,act1 and never to be enforced in ,massachusetts4 ,if that means any thing1 it means that which our fathers meant when they resisted the ,stamp ,act and threw the tea overboard--,revolution4#aha ,it opposition to the fugitive slave bill is revolution1 or it is treason4 ,if it only resists law1 and obstructs its officers1 it is treason2 and he who risks it1 must risk hanging for it4#ahb ,footnote #aha3 ,the learned counsel for the fugitive slave bill confounds two events4 ,the ,stamp ,act was passed ,march #bb;d1 #agfe1 and repealed the #bhth of the next ,march4 ,the tea was destroyed ,december #afth1 #aggc4 ,footnote #ahb3 ,report in ,boston ,courier of ,november #bgth1 #ahej4 ,gentlemen1 that meeting determined to execute the fugitive slave bill with all its provisions1 to the fullest extent4 ,it is dreadful to remember the articles in the ,daily ,advertiser and the ,courier at that period4 ,some of the sermons in the ,churches of ,commerce on the following ,thursday1 ,thanksgiving day1 were filled with the most odious doctrines of practical atheism4 ,the preparatory meeting had its effect4 ,soon the seed bore fruit after its kind4 ,but some ministers were faithful to their ,brother and their ,lord4 7#b47 ,february #aeth1 #ahea1 a colored man named ,shadrach was arrested under a warrant from that ,commissioner who had been so active in the attempt to kidnap ,mr4 and ,mrs4 ,craft4 ,but a miracle was wrought3 where sin abounded ,grace did much more abound1 and the ,lord delivered him out of their hands4 ,shadrach went free to ,canada1 where he is now a useful citizen4 ,he was rescued by a small number of colored persons at noonday4 ,the kidnapping ,commissioner telegraphed to ,mr4 ,webster1 ,it is levying war--it is treason4 ,another asked1 ,what is to be done8 ,the answer from ,washington was1 ,mr4 ,webster was very much mortified4 ,on the #ahth1 ,president ,fillmore1 at ,mr4 ,webster's instigation1 issued his proclamation calling on all well disposed citizens1 and commanding all officers1 civil and military1 to aid and assist in quelling this1 and all other such combinations1 and to assist in recapturing the above-named person ,shadrach4 ,general orders came down from the ,secretaries of ,war and the ,navy1 commanding the military and naval officers to yield all practicable assistance in the event of such another insurrection4 ,the ,city ,government of ,boston passed ,resolutions regretting that a man had been saved from the shackles of slavery2 cordially approving of the ,president's proclamation1 and promising their earnest efforts to carry out his recommendations4 ,at that time ,hon4 ,mr4 ,tukey was ,marshal2 ,hon4 ,john ,p4 ,bigelow was ,mayor2 ,hon4 ,henry ,j4 ,gardner1 a man equally remarkable for his temperance1 truthfulness1 and general integrity1 was ,president of the ,common ,council4 ,it was not long1 ,gentlemen1 before the ,city ,government had an opportunity to keep its word4 7#c47 ,on the night of the #c;d of ,april1 #ahea1 ,thomas ,sims was kidnapped by two police officers of ,boston1 pretending to arrest him for theft6 ,gentlemen of the ,jury1 you know the rest4 ,he was on trial nine days4 ,he never saw the face of a jury1 a judge only once--who refused the ,habeas ,corpus1 the great ,writ of ,right4 ,that judge--,i wish his successors may better serve mankind--has gone to his own place2 where1 may ,god ,almighty have mercy on his soul6 ,you remember1 ,gentlemen1 the chains round the ,court ,house2 the ,judges of your own ,supreme ,court crawling under the southern chain4 ,you do not forget the ,sims ,brigade--citizen soldiers called out and billeted in ,faneuil ,hall4 ,you recollect the ,cradle of ,liberty shut to a ,free ,soil ,convention1 but open to those hirelings of the ,slave ,master4 ,you will never forget the ,pro-,slavery ,sermons that stained so many ,boston pulpits on the ,fast-day which intervened during the mock trial6 ,mr4 ,sims had able defenders1--,i speak now only of such as appeared on his behalf1 others not less noble and powerful1 aided by their unrecorded service--,mr4 ,sewall1 ,mr4 ,rantoul1 men always on the side of ,liberty1 and one more from whose subsequent conduct1 ,gentlemen of the ,jury1 ,i grieve to say it1 you would not expect such magnanimity then1 ,mr4 ,charles ,g4 ,loring4 ,but of what avail was all this before such a ,commissioner8 ,thomas ,sims was declared a chattel personal to all intents1 uses1 and purposes whatsoever4 ,after it became plain that he would be decreed a slave1 the poor victim of ,boston kidnappers asked one boon of his counsel1 ,i cannot go back to ,slavery1 said he1 give me a knife1 and when the ,commissioner declares me a slave ,i will stab myself to the heart1 and die before his eyes6 ,i will not be a slave4 ,the knife was withheld6 ,at the darkest hour of the night ,mayor ,bigelow and ,marshal ,tukey1 suitable companions1 admirably joined by nature as by vocation1 with two or three hundred police-men armed1 some with bludgeons1 some with drawn swords and horse pistols1 took the poor boy out of his cell1 chained1 weeping1 and bore him over the spot where1 on the #eth of ,march1 #aggj1 the ,british tyrant first shed ,new ,england blood2 by another spot where your fathers and mine threw to the ocean the taxed tea of the oppressor4 ,they put him on board a vessel1 the ,acorn1 and carried him off to eternal bondage4 ,and this is ,massachusetts liberty6 said he1 as he stepped on board4 ,boston sent her ,delegates to escort him back1 and on the #aith of ,april1 #ahea1 she delivered him up to his tormentors in the jail at ,savannah1 where he was scourged till human nature could bear no more1 while his captors were feasted at the public cost4 ,seventy-six years before there was another #aith of ,april1 also famous6 7#d47 ,then came the examination and trial of the ,shadrach ,rescuers in ,february and the following months4 ,some of these trials took place before his ,honor ,judge ,peleg ,sprague4 ,therefore1 you will allow me1 ,gentlemen1 to refresh your memories with a word or two respecting the antecedents of this ,judge--his previous history4 ,in #ahce the abolition of ,slavery in the ,british ,west ,indies and the efforts of the friends of ,freedom in the ,northern ,states1 excited great alarm at the ,south1 lest the peculiar institution should itself be brought into peril4 ,fear of a general insurrection of the slaves was talked about and perhaps felt4 ,the mails were opened in search of incendiary publications2 a piano-forte sent from ,boston to ,virginia1 was returned because the purchaser found an old copy of the ,emancipator in the case which contained it4 ,public meetings for the promotion of ,american ,slavery were held4 ,there was one at ,boston in ,faneuil ,hall1 ,august #ba1 #ahce1 at which a remarkable speech was made by a lawyer who had graduated at ,harvard ,college in #ahab1 a man no longer young1 of large talents and great attainments in the law4 ,he spoke against discussion1 and in behalf of ,slavery and ,slaveholders3 he could see no good1 but only unmixed evil consequent upon agitating this subject here4 ,he said3-- ,when did fear ever induce a man to relax his power over the object that excited it8 ,no1 he will hold him down with a stronger grasp1 he will draw the cords tighter1 he will make the chains heavier and sink his victim to a still deeper dungeon4 ,the language and measures of the abolitionists clearly tend to insurrection and violence4 ,they the slaves hear that their masters have no legal or moral authority over them4 ,that every moment's exercise of such dominion is sin1 and that the laws that sanction it are morally void3 that they are entitled to immediate emancipation1 and that their masters are to be regarded as kidnappers and robbers for refusing it4 ,it is deluding these unfortunate beings to their own destruction1 we should not aid them4 ,the ,constitution provides for the suppressing of insurrections 444 we should respond to its call if the slaves attempted to recover their liberty2 nay1 we should not wait for such a requisition1 but on the instant should rush forward with fraternal emotions to defend our brethren from desolation and massacre4 ,the ,south will not tolerate our interference with their slaves1 by our discussing the matter in the newspapers and elsewhere4 ,the ,union then1 if used to disturb this institution of ,slavery1 will be then as the 'spider's web2 a breath will agitate1 a blast will sweep it away forever4' ,if1 then1 these abolitionists shall go on 444 the fate of our government is sealed4444 ,and who will attempt to fathom the immeasurable abyss of a dissolution of the ,union8 ,tell the abolitionists this2 present to them in full array the consequences of their attempts at immediate emancipation1 and they meet all by a cold abstraction4 ,they answer1 ',we must do right regardless of consequences4' ,they assume that such a course undoing the heavy burthens and letting the oppressed go free1 and loving your neighbor as yourself is right4 ,when that is the very point in controversy1 and when inevitable consequences demonstrate that it must be wrong4 ,they the abolitionists insist upon immediate1 instantaneous emancipation4444 ,no man1 say they1 can be rightfully restrained of his liberty except for crime4 ,they come to the conclusion that no laws that sanction or uphold it ,slavery can have any moral obligation4 ,the ,constitution is the ,supreme law of the land4 ,it does sanction1 it does uphold ,slavery2 and if this doctrine be true1 that sacred compact has always been so far morally null and void4 ,he ,washington ,,that ,,slaveholder 444 came with other ,slaveholders to drive the ,british myrmidons from this city and this ,hall4 ,our fathers did not refuse to hold communion with him or with them4 ,with ,slaveholders they formed the ,confederation 444 with them they made the ,declaration of ,independence4 ,and in the original draft of the ,declaration was contained a most eloquent passage upon this very topic of negro ,slavery1 which was stricken out in deference to the wishes of members from the ,south4 ,slavery existed then as now4 ,our fathers were not less devoted friends of liberty1 not less pure as philanthropists or pious as ,christians than any of their children of the present day4 ,therefore we must not attempt to emancipate a slave6 ,here is the passage which the speaker thought it so praiseworthy in the ,revolutionary ,congress to strike out from the ,declaration of ,independence3-- ,he the king has waged cruel war against human nature itself1 violating its most sacred rights of life and liberty in the persons of a distant people who never offended him1 captivating and carrying them into slavery in another hemisphere1 or to incur miserable death in their transportation thither4 ,this piratical warfare1 the opprobrium of ,,infidel nations1 is the warfare of the ,,christian ,king of ,great ,britain4 ,determined to keep open a market where ,,men should be bought and sold1 he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce4 ,and that this assemblage of horrors might want no fact of distinguished dye1 he is now exciting those very people to rise in arms among us1 and to purchase that liberty of which he has deprived them1 by murdering the people on whom he also obtruded them3 thus paying off former crimes committed against the ,,liberties of one people with crimes which he urges them to commit against the ,,lives of another4 ,mr4 ,jefferson says1 ,it was struck out in compliance to ,south ,carolina and ,georgia1 who had never attempted to restrain the importation of slaves1 and who1 on the contrary1 still wished to continue it4 ,our ,northern brethren also1 ,i believe1 felt a little tender under it1 for though their people have very few slaves themselves1 yet they have been pretty considerable carriers of them to others4 99 99 99 99 99 ,but the orator went on protesting against righteousness3-- ,i would beseech them the ,abolitionists to discard their dangerous abstractions that men are endowed by their ,creator with certain natural1 equal1 and unalienable ,rights--to ,life1 ,liberty1 and the ,pursuit of ,happiness which they in common with the ,declaration of ,independence adopt as universal rules of human conduct--without regard to time1 condition1 or circumstances2 which darken the understanding and mislead the judgment1 and urge them forward to consequences from which they will shrink back with horror4 ,i would ask them to reflect that 444 the religion they profess is not to be advanced by forgetting the precepts and the example of their ,divine ,master4 ,upon that example ,i would ask them to pause4 ,he found ,slavery1 ,roman ,slavery1 an institution of the country in which he lived4 ,did he denounce it8 ,did he attempt its immediate abolition8 ,did he do any thing1 or say any thing which could in its remotest tendency encourage resistance and violence8 ,no1 his precept was1 ',servants 7,slaves7 obey your ,masters4'#ahc ,it was because he would not interfere with the administration of the laws1 or abrogate their authority4 ,footnote #ahc3 ,the learned counsel for the slaveholders probably referred to ,eph4 vi4 #e2 or ,coloss4 iii4 #bb2 or ,tit4 ii4 #i2 or #a ,pet4 ii4 #ah4 ,gentlemen of the ,jury1 this alleged precept of the ,divine ,master does not occur in any one of the four canonical ,evangelists of the ,new ,testament2 nor have ,i found it in any of those ,spurious and ,apocryphal ,records of old time4 ,it appears originally in the ,gospel according to the ,hon4 ,peleg ,sprague4 ,slaves1 obey your masters1 a comfortable ,scripture truly2 a beatitude for the stealers of men6 ,gentlemen of the ,jury1 that was the language of ,mr4 ,peleg ,sprague at the time when the ,state of ,georgia offered #e1jjj for the head of ,mr4 ,garrison2 when the ,governors of ,virginia and other ,slave ,states1 sent letters to the ,governor of ,massachusetts asking for penal statutes to prohibit our discussion in ,boston2 it was the very year that a mob of ,gentlemen of ,property and ,standing in ,boston broke up a meeting of women assembled to endeavor to abolish ,slavery4 ,gentlemen of the ,jury1 ,mr4 ,sprague had his reward--he sits on the bench to try me for a misdemeanor--obstructing1 resisting1 and opposing an officer of the ,united ,states1 while in the discharge of his duty to steal a man in ,boston1 that his owner might sell him in ,richmond4 ,the chief commandment of the ,new ,testament is1 ,slaves1 obey your masters2 on that commandment he would now hang all the law1 and the ,abolitionists4 ,it would take a long time to tell the dark1 sad tale of the trial of the ,shadrach ,rescuers2 how the ,judge constructed and charged the ,jury2 how he constructed his law4 ,it was the old story of the ,stuart despotism1 wickedness in the name of the law and with its forms4 ,gentlemen1 in that trial you saw the value of the jury4 ,the ,judges of ,massachusetts went under the chain which the kidnappers placed about the ,court ,house in #ahea4 ,the ,federal ,judges sought to kidnap the citizens of ,boston and to punish all such as opposed man-stealing4 ,the ,massachusetts ,judges allowed the law1 which they had sworn to execute1 to be struck down to the ground2 nay1 themselves sought to strike it down4 ,the ,federal ,judges perverted the law to make it an instrument of torture against all such as love mankind4 ,but the jury held up the ,shield of ,justice1 and the poisoned weapons of the court fell blunted to the ground4 ,the government took nothing by that motion--nothing but defeat4 ,there was no conviction4 ,one of the jurors said1 ,you may get one ,hunker on any panel2 it is not easy to get twelve4 ,there was no danger of a conviction4 ,but still it is painful to think in what peril our lives and our liberties then were4 7#e47 ,at length came the ,burns case4 ,you know it too well4 ,on the night of ,wednesday1 ,may #bf1 #ahed1 in virtue of ,commissioner ,loring's warrant1 ,anthony ,burns was arrested on the charge of burglary1 and thrust into jail4 ,the next morning he was brought up for condemnation4 ,two noble men1 ,mr4 ,dana and my friend ,mr4 ,ellis1 defended ,mr4 ,burns4 ,there was to be no regular trial before ,commissioner ,loring4 ,on the evening of ,friday1 ,may #bhth1 there was a meeting at ,faneuil ,hall1 and an attack on the ,court ,house where ,mr4 ,burns was illegally held in duress4 ,in the attack a ,mr4 ,batchelder was killed1--a man hired to aid in this kidnapping1 as he had been in the stealing of ,mr4 ,sims4 ,to judge from the evidence offered before the ,grand-,jury of the ,massachusetts ,court1 and especially from the testimony of ,marshal ,freeman1 it appears he was accidentally killed by some of his own confederates in that wickedness1 and before the door of the ,court ,house was broken through4 ,but that is of no consequence3 as ,mr4 ,dana has said1 ,he went in for his pay1 and has got his corn4 ,on ,friday1 ,june #dth1 ,mr4 ,burns was declared a slave by ,commissioner ,loring and delivered up to eternal bondage4 ,it seems to be in consequence of my connection with this case that ,i am indicted2 so you now approach the end of this long defence4 ,i come to the last part of it4 99 99 99 99 99 7,,iii47 ,of the ,indictment against ,theodore ,parker4 ,i am indicted1 gentlemen1 for resisting an officer who was engaged in kidnapping ,mr4 ,burns2 and it is charged that ,i1 at ,boston1 ,may #bfth1 with force and arms did knowingly and wilfully1 obstruct1 resist1 and oppose1 444 ,watson ,freeman1 then and there being an officer of the ,united ,states1 to the great damage of the said ,watson ,freeman2 to the great hinderance and obstruction of justice1 to wit1 of the kidnapping of ,anthony ,burns1 to the evil example of all others in like case offending1 against the peace and dignity of the said ,united ,states and contrary to the form of the statute made and provided4 ,it is also charged that one ,theodore ,parker of ,boston1 444 with force and arms in and upon the said ,watson ,freeman1 then and there1 in the peace of the said ,united ,states being1 an assault did make1 he the said ,freeman also then and there being an officer of the said ,united ,states1 to wit1 ,marshal of the ,united ,states1 444 and then and there also being in the due and lawful discharge of his duties as such officer to wit1 stealing and kidnapping one ,anthony ,burns4 ,these and various other pleasant charges1 ,mr4 ,hallett1 in the jocose manner of indictments1 alleges against me2 wherefrom ,i must defend myself1 as best ,i may4 99 99 99 99 99 ,now1 ,gentlemen1 that you may completely understand the accusation brought against me1 ,i must go back a little1 and bring up several other matters of fact that have straggled away from this long column of argument which ,i have led into the field thus far2--and also rally some new forces not before drawn into the line of defence4 ,i must speak of the ,hon4 ,justice ,curtis2 of his conduct in relation to ,slavery in general1 to this particular prosecution1 and to this special case1 ,united ,states vs4 ,theodore ,parker4 ,first1 ,gentlemen1 let me speak of some events which preceded ,mr4 ,curtis's elevation to his present distinguished post4 ,to make the whole case perfectly clear1 ,i must make mention of some others intimately connected with him4 ,there is a family in ,boston which may be called the ,curtis family4 ,so far as it relates to the matter in hand1 it may be said to consist of six persons1 namely1 ,charles ,p4 ,curtis1 lawyer1 and ,thomas ,b4 ,curtis1 merchant1 sons of the late ,thomas ,curtis2 ,benjamin ,r4 ,curtis1 by birth a kinsman1 and by marriage a son-in-law of ,charles ,p4 ,curtis1 late a practising lawyer1 now this ,honorable ,judge of the ,supreme ,court of the ,united ,states1 and his brother1 ,george ,t4 ,curtis1 lawyer1 and ,united ,states ,commissioner for the ,district of ,massachusetts2 ,edward ,g4 ,loring1 a step-son of the late ,thomas ,curtis1 and accordingly step-brother of ,charles ,p4 and ,thomas ,b4 ,curtis1 lawyer1 ,judge of ,probate for ,boston1 ,united ,states ,commissioner1 and1 until recently1 ,lecturer at the ,cambridge ,law ,school2 and also ,william ,w4 ,greenough1 son-in-law of ,charles ,p4 ,curtis1 merchant4 ,this family1 though possessing many good qualities1 has had a remarkably close and intimate connection with all1 or most1 of the recent cases of kidnapping in ,boston4 ,here are some of the facts1 so painful for me to relate1 but so indispensable to a full understanding of this case4 #a4 ,in #ahcf ,charles ,p4 ,curtis and ,benjamin ,r4 ,curtis appeared as counsel for the slave-hunters in the famous case of the girl ,med1 originally a slave in the ,west ,indies1 and brought to ,boston by her mistress4 ,med claimed her freedom on the ground that slavery was not recognized by the laws of ,massachusetts1 and could not exist here unless it were in the special case1 under the ,federal ,constitution1 of fugitives from the slave ,states of this ,union4 ,the ,messrs4 ,curtis contended with all their skill--totis viribus1 as lawyers say--that slavery might1 by legal comity1 exist in ,massachusetts--that slaves were property by the law of nations2 and that an ownership which is legal in the ,west ,indies continued in ,boston1 at least so far as to leave the right to seize and carry away4 ,mr4 ,charles ,p4 ,curtis had already appeared as counsel for a slave-hunter in #ahcb1 and had succeeded in restoring a slave child1 only twelve or fourteen years of age1 to his claimant who took him to ,cuba with the valuable promise that he should be free in the ,spanish ,west ,indies4#ahd ,footnote #ahd3 ,daily ,advertiser1 ,dec4 #gth1 #ahcb4 ,mr4 ,sewall1 the early and indefatigable friend of the slave1 asked the ,court to appoint a guardian ad litem for the child1 who was not #ad1 who should see that he was not enslaved4 ,but the slaveholder's counsel objected1 and the ,judge 7,shaw7 refused2 yet to his honor be it said in a similar case in #ahda1 when ,mr4 ,sewall was counsel for a slave child under the same circumstances1 he delivered him to a guardian appointed by the ,probate ,court4 #c ,metcalf1 #gb4 ,in the ,med case ,mr4 ,benjamin ,r4 ,curtis made a long and elaborate argument to show that a citizen of a slaveholding ,state1 who comes to ,massachusetts for a temporary purpose of business or pleasure and brings his slave as a personal attendant1 may restrain that slave for the purpose of carrying him out of the ,state and returning him to the domicil of his owner4 ,to support this proposition1 he made two points3-- #a4 ,that this child by the law of ,louisiana is now a slave4 #b4 ,that the law of ,massachusetts will so far recognize and give effect to the law of ,louisiana1 as to allow the master to exercise this restricted power over his slave4 ,that is1 the power to keep her here as a slave1 to remove her to ,louisiana1 and so make her a slave for ever and her children after her4 ,to prove this last point he says by quotation1 we always import1 together with their persons1 the existing relations of foreigners between themselves4 ,so as we import the natural relation of husband and wife1 or parent and child1 in the ,irish immigrants1 and respect the same1 we ought equally to import and respect the unnatural and forcible relation of master and slave in our visitors from ,cuba or ,louisiana4 ,it will be urged1 he said1 that though we claim to exercise only a qualified and limited right over the slave1 namely the right to remove him from the ,state1 yet if this is allowed1 all the rights of the master must be allowed1 444 and thus ,slavery will be introduced into the ,commonwealth4 ,to this ,i answer1 7#a47 ,there is no practical difficulty in giving this qualified effect to the law of ,louisiana1 allowing the master to bring and keep his slaves here and remove them when he will4 ,the ,constitution of the ,united ,states has settled this question4 ,that provides for and secures to the master1 the exercise of his right to the very extent claimed in this case4 7#b47 ,neither is there any theoretical difficulty4 ,to do this1 he thinks1 will promote harmony and good feeling1 where it is extremely desirable to promote it1 encourage frequent intercourse1 and soften prejudices by increasing acquaintance1 and tend to peace and union and good-will4 ,it will work no injury to the ,state ,massachusetts1 by violating any public law of the ,state4 ,the only law in the statute-book applicable to the subject of ,slavery is the law against kidnapping4 ,it will work no direct injury to the citizens of this ,state for1 444 it respects only strangers4 ,it is consistent with the public policy of ,massachusetts1 to permit this 444 right of the master4 ,it may be perfectly consistent with our policy not only to recognize the validity and propriety of those institutions of ,slavery in the ,states where they exist1 but even to interfere actively to enable the citizens of those ,states to enjoy those institutions at home4 ,that is1 it may be the duty of ,massachusetts1 to interfere actively in ,louisiana for the establishment and support of ,slavery there6 ,pennsylvania1 ,new ,york1 ,new ,jersey1 and ,rhode ,island1 he adds1 have made laws allowing the slaveholder this right3 ,the legislatures of those ,states are the legitimate and highest authority in regard to their public policy2 what they have declared on this subject1 must be deemed to be true4444 ,we are not at liberty to suppose that it is contrary to their public policy1 that the master should exercise this right within their territory4 ,i respectfully ask what difference there is between the policy of ,pennsylvania1 ,new ,york1 ,rhode ,island1 and ,new ,jersey1 and the policy of ,massachusetts1 on the subject of ,slavery4 ,i shall now attempt1 he adds1 to prove that ,slavery is not immoral4 ,how do you think he proved that8 ,did he cite the ,bible8 ,no1 he left that to lower law divines4 ,did he manufacture ,bible8 ,no1 the ,hon4 ,peleg ,sprague had sufficiently done that a year before4 ,he took a shorter cut--he denied there was any morality but ,legality4 ,i take it to be perfectly clear1 said this young man in all the moral enthusiasm of his youth1 that the ,standard of ,morality by which ,courts of ,justice are to be guided is that which the law prescribes4 ,your ,honors' ,opinion as ,men or as ,moralists has no bearing on the question4 ,your ,honors are to declare what the ,law deems moral or immoral4 ,gentlemen1 that needs no comment2 this trial is comment enough4 ,but according to that rule no law is immoral4 ,it was not immoral in #adaj to hang and burn thirty-nine men in one day for reading the ,bible in ,english2 the ,catholic ,inquisition in ,spain was not immoral2 the butchery of ,martyrs was all right soon as lawful6 ,there is no ,higher ,law6 ,it was not immoral for the servants of ,king ,pharaoh to drown all the new-born ,hebrew boys2 nor for ,herod's butchers to murder the ,innocents at ,bethlehem4 ,nay1 all the atrocities of the ,saint ,bartholomew ,massacres1 ,gentlemen1 they were not immoral1 for the ,standard of ,morality is that which the law prescribes4 ,so any legislature that can frame an act1 any tyrant who can issue a decree1 any court which can deliver an opinion1 can at once nullify the legislation of the ,universe and dissolve the union of ,man and ,god3 ,religion has nothing to do with politics2 there it makes men mad4 ,is that the doctrine of ,young ,massachusetts8 ,hearken then to the ,old4 ,in #agfe her ,house of ,representatives unanimously resolved that there are certain essential ,rights 444 which are founded on the ,law of ,god and ,nature1 and are the ,common ,rights of ,mankind1 and that the inhabitants of this ,province are unalienably entitled to these essential ,rights in common with all men1 and that no law of ,society 444 can divest them of these ,rights4 ,no ,standard of ,morality but ,law6 ,a thousand years before ,jesus of ,nazareth taught his ,beatitudes of ,humanity1 the old ,hebrews knew better4 ,hearken to a ,psalm nearly three thousand years old4 ,among the assemblies of the great1 ,a ,greater ,ruler takes his seat2 ,the ,god of ,heaven1 as ,judge1 surveys ,those ,gods on earth1 and all their ways4 ,why will ye1 then1 frame wicked laws8 ,or why support the unrighteous cause8 ,when will ye once defend the poor1 ,that sinners vex the ,saints no more8 ,arise1 oh ,lord1 and let thy ,son ,possess his universal ,throne1 ,and rule the nations with his rod2 ,he is our ,judge1 and he our ,god4 ,by the law of this ,commonwealth1 added ,mr4 ,curtis1 ,slavery is not immoral4 ,by the ,supreme law of this ,commonwealth ,slavery is not only recognized as a valid institution1 but to a certain extent is incorporated into our own law4 ,before you the court rise from your seats1 you may be called upon by the master of a fugitive slave1 to grant a certificate 444 which will put the whole force of the ,commonwealth at his disposal1 to remove his slave from our ,territory4 ,gentlemen of the ,jury1 that was conquering his prejudices with alacrity2 it was obeying the fugitive slave bill fourteen years before it was heard of4 ,he adds still further1 by quotation1 ,i have no doubt but the citizen of a ,slave ,state has a right to pass1 upon business or pleasure1 through any of the ,states attended by his slaves--and his right to reclaim his slave would be unquestioned4 ,an escape from the attendance upon the person of his master1 while on a journey through a free ,state1 should be considered as an escape from the ,state where the master had a right of citizenship4 ,mr4 ,charles ,p4 ,curtis thus sustained his kinsman3-- ,is that to be considered immoral which the ,court is bound to assist in doing8 ,it is not for us to denounce as legally immoral a practice which is permitted and sanctioned by the supreme law of the land6 ,it is said the practice of ,slavery is corrupting in its influence on public morals4 ,but the practice of bringing slaves here was much more common thirty years ago than now4 ,if this practice be so corrupting1 why is it tolerated in other ,states8444 ,the law of ,new ,york allows even foreigners to go there with their slaves2 and have the morals of that ,state suffered in consequence8 ,in ,pennsylvania the law is similar1 but where is the evidence of its pernicious influence8 ,as to the right to using them1 the slaves voluntarily brought here by their masters1 notwithstanding the supposed horror at such an admission1 the legislatures of ,new ,york and ,pennsylvania1 ,rhode ,island and ,new ,jersey1 have actually enacted statutes allowing precisely that privilege4#ahe ,footnote #ahe3 ,med4 ,case1 #ahcf4 ,but the ,supreme ,court of ,massachusetts held otherwise4 ,med was declared free4 ,chief ,justice ,shaw covered himself with honor by his decision4 ,and soon after1 7,aug4 #bi17 the ,daily ,advertiser1 the organ of the opinions of this family1 said3-- ,in some of the ,states there is 444 legislative provision for cases of this sort1 allowing masters to bring and hold slaves therein1 and it would seem that some such provision is necessary in this ,state1 unless we would prohibit citizens of the ,slave ,states from travelling in this ,state with their families1 and unless we would permit such of them as wish to emancipate their slaves1 to throw them1 at their pleasure1 upon the people of this ,state4 ,gentlemen1 ,mr4 ,curtis in #ahcf contended for all which ,mr4 ,toombs boasts he shall get--the right of the slaveholder to sit down at the foot of ,bunker ,hill monument with his slaves6 ,nay1 ,mr4 ,curtis granted more3 it may be the duty of ,massachusetts to interfere actively1 and establish slavery in ,louisiana1 or in ,kansas4 ,it may be said1 this was only a lawyer pleading for his client4 ,it was--a lawyer asking the ,supreme ,court of ,massachusetts to establish slavery in this ,commonwealth4 ,is it innocent in a lawyer to ask the court to do a wicked thing1 to urge the court to do it8 ,then is it equally innocent to ask the ,treasurer of a ,railroad to forge stock1 or an editor to publish lies1 or a counterfeiter to make and utter base coin1 or an assassin to murder men4 ,surely it is as innocent to urge men to kidnap blacks in ,africa as in ,boston4 ,gentlemen1 ,that declaration--that the ,statute supersedes natural ,justice1 and that the only ,standard of ,morality by which the courts are to be guided is that which the law prescribes--deserves your careful consideration4 ,he that squares his conscience by the law is a scoundrel--say the proverbs of many nations4 ,what do you think of a man who knows no lawgiver but the ,general ,court of ,massachusetts1 or the ,american ,congress3 no ,justice but the ,statutes8 ,if ,mr4 ,curtis's doctrine is correct1 then ,franklin1 ,hancock1 ,adams1 ,washington1 were only ,rebels and ,traitors6 ,they refused that ,standard of ,morality4 ,nay1 our ,puritan ,fathers were all criminals2 the twelve ,apostles committed not only misdemeanors but sins2 and ,jesus of ,nazareth was only a malefactor1 a wanton disturber of the public peace of the world6 ,the slave child ,med1 poor1 fatherless1 and unprotected1 comes before the ,supreme ,court of ,massachusetts1 claiming her natural and unalienable ,right to ,liberty and the ,pursuit of ,happiness1--if not granted she is a slave for ever4 ,in behalf of her wealthy owner ,mr4 ,curtis resists the girl's claim2 tells the court she is now a slave2 there is no practical difficulty in allowing the master to keep her in that condition1 no theoretical difficulty2 slavery is not immoral2 it may be the duty of ,massachusetts not only to recognize slavery at home1 but also even to interfere actively to support slavery abroad2 the law is the only ,standard of ,morality for the courts2 that establishes slavery in ,massachusetts6 ,gentlemen1 what do mankind say to such sophistry8 ,hearken to this ,hebrew ,bible3 ,wo unto them that decree unrighteous decrees1 and that write grievousness which they have prescribed1 to turn aside the needy from judgment1 and to take away the ,right from the poor of my people1 that widows may be their prey1 and that they may rob the fatherless4 ,let the stern ,psalm of the ,puritans still further answer from the manly bosom of the ,bible4 ,judges who rule the world by laws1 ,will ye despise the righteous cause1 ,when the injured poor before you stands8 ,dare ye condemn the righteous poor ,and let rich sinners 'scape secure1 ,while ,gold and ,greatness bribe your hands8 ,have ye forgot1 or never knew1 ,that ,god will judge the judges too8 ,high in the ,heavens his ,justice reigns2 ,yet you invade the rights of ,god1 ,and send your bold decrees abroad1 ,to bind the ,conscience in your chains4 ,break out their teeth1 eternal ,god1 ,those teeth of lions dy'd in blood2 ,and crush the serpents in the dust2 ,as empty chaff1 when whirlwinds rise1 ,before the sweeping tempest flies1 ,so let their hopes and names be lost4 ,thus shall the ,justice of the ,lord ,freedom and peace to men afford2 ,and all that hear shall join and say1 ,sure there's a ,god that rules on high1 ,a ,god that hears his children cry1 ,and all their sufferings will repay4 #b4 ,after ,mr4 ,webster had made his speech of ,march #g1 #ahej1 pledging himself and his ,state to the support of the fugitive slave bill1 then before ,congress1 to the fullest extent1 ,thomas ,b4 ,curtis1 with the help of others1 got up a letter to ,mr4 ,webster1 dated ,march #be1 #ahej1 signed1 it is said1 by #ihg persons1 who say3 ,we desire to express to you our deep obligations for what this speech has done and is doing4 ,you have pointed out to a whole people the path of duty1 have convinced the understanding and touched the conscience of the nation4 ,we desire1 therefore1 to express to you our entire concurrence in the sentiments of your speech4 #c4 ,a little later1 ,mr4 ,webster returned to ,boston1 and was rapturously received at the ,revere ,house1 ,april #bi1 #ahej1 by a great multitude1 when ,benjamin ,r4 ,curtis made a public address1 and expressed his abounding gratitude for the ability and fidelity which ,mr4 ,webster had brought to the defence of the ,constitution and of the ,union1 and commended him as eminently vigilant1 wise1 and faithful to his country1 without a shadow of turning4 #d4 ,presently1 after the passage of the fugitive slave bill1 at a dinner party1 at the house of a distinguished counsellor of ,boston1 ,charles ,p4 ,curtis declared that he hoped the first fugitive slave who should come to ,boston would be seized and sent back6 #e4 ,charles ,p4 ,curtis and his step-brother ,edward ,g4 ,loring1 and ,george ,t4 ,curtis1 defended the fugitive slave bill by writing articles in the ,boston ,daily ,advertiser4 #f4 ,in ,november1 #ahej1 the slave-hunters1 thus invited and encouraged1 came to ,boston1 seeking to kidnap ,william and ,ellen ,craft3 but they in vain applied to ,commissioner ,benj4 ,f4 ,hallett1 and to ,judges ,woodbury and ,sprague1 for a warrant to arrest their prey4 ,finally1 they betook themselves to ,commissioner ,george ,t4 ,curtis1 who at once agreed to grant a warrant2 but1 according to his own statement1 in a letter to ,mr4 ,webster1 ,nov4 #bc1 #ahej1 as he anticipated resistance1 and considered it very important that the ,marshal should have more support than it was in his power as a ,commissioner to afford1 he procured a meeting of the ,commissioners1 four in number1 and with their aid succeeded in persuading the ,circuit ,court1 then in session1 to issue the warrant4 ,gentlemen1 as that letter of ,mr4 ,george ,t4 ,curtis contains some matters which are of great importance1 you will thank me for refreshing your memory with such pieces of history4 ,an application for a warrant to arrest ,mr4 ,craft had already been made to the judges ,messrs4 ,woodbury and ,sprague privately 444 they could not grant a warrant on account of the pendency of an important ,patent ,cause then on trial before a jury4 ,to this ,i replied1 that 444 the ordinary business of the ,court ought to give way for a sufficient length of time1 to enable the judges to receive this application and to hear the case4 ,on a private intimation to the presiding judge of our desire to confer with him the desire of the kidnapping commissioners1 ,mr4 ,b4,f4 ,hallett1 ,mr4 ,edward ,g4 ,loring1 ,mr4 ,c4,l4 ,woodbury1 and ,mr4 ,g4,t4 ,curtis the jury were dismissed at an earlier hour than usual1 444 and every person present except the ,marshal's deputies left the room1 and the doors were closed4 ,the learned ,judge said 444 that he would attend at half past eight the next morning1 to grant the warrant4 ,a process was placed in the hands of the ,marshal 444 in the execution of which he might be called upon to break open dwelling-houses1 and perhaps take life1 by quelling resistance1 actual or threatened4 ,i devoted at once a good deal of time to the necessary investigations of the subject4 ,there is a great deal of legislation needed to make the general government independent of ,state control1 says this ,expounder of the ,constitution1 and independent of the power of mobs1 whenever and wherever its measures chance to be unpopular4 ,the office of ,united ,states ,marshal is by no means organized and fortified by legislation as it should be to encounter popular disturbance4 #g4 ,the warrant having been issued for the seizure of ,mr4 ,craft1 ,marshal ,devens applied to ,benjamin ,r4 ,curtis for legal advice as to the degree of force he might use in serving it1 and whether it ought to be regarded as a civil or a criminal process4 ,george ,t4 ,curtis was employed by his brother to search for authorities on these points4 ,they two1 together1 as appears from the letter of ,george ,t4 ,curtis to ,mr4 ,webster1 induced ,marshal ,devens to ask a further question1 which gave ,benjamin ,r4 ,curtis an opportunity to come out with an elaborate opinion in favor of the constitutionality of the fugitive slave bill1 dated ,november #i1 #ahej4 ,this was published in the newspapers4 ,in order to maintain the constitutionality of this act1 ,benjamin ,r4 ,curtis was driven to assume1 as all its defenders must1 that the ,commissioner1 in returning the fugitive1 performs none of the duties of a ,judge2 that the hearing before him is not a case arising under the laws of the ,united ,states2 that he acts not as a judicial1 but merely as an executive and ministerial officer--not deciding him to be a slave1 but merely giving him up1 to enable that point to be tried elsewhere4#ahf ,but1 spite of this opinion1 public justice and the ,vigilance ,committee forced the 7,southern7 slave-hunters to flee from ,boston1 after which1 ,mr4 and ,mrs4 ,craft left ,america to find safety in ,england1 the evident rage and fierce threats of the disappointed ,boston slave-hunters making it unsafe for them to remain4 ,footnote #ahf3 ,on this see ,hildreth's ,despotism1 #bfb1 #bhj4 ,commissioner ,loring considers that the fugitive slave bill commissioners have judicial duties4 ,remonstrance to ,general ,court1 #b4 #h4 ,after the failure of this attempt to arrest ,mr4 ,craft1 ,thomas ,b4 ,curtis got up a ,union ,meeting at ,faneuil ,hall1 ,november #bf1 #ahej4ahg ,the call was addressed to such as regard with disfavor all further popular agitation of the subject of ,slavery4 ,thomas ,b4 ,curtis called the meeting to order3 ,william ,w4 ,greenough1 from the ,committee of ,arrangements1 presented the resolutions1 which you have already heard4#ahh ,it was said at the time that they were written1 wholly or in part1 by ,mr4 ,benjamin ,r4 ,curtis1 who moved their adoption and made a long and elaborate speech thereon4 ,footnote #ahg3 ,see ,mr4 ,curtis's letter in ,daily ,advertiser of ,february #g1 #ahee4 ,footnote #ahh3 ,see above1 p4 #adh1 #adi4 ,gentlemen of the ,jury1 as ,i just now gave you some passages from ,mr4 ,hallett's speech on that occasion1 allow me now to read you some extracts from ,mr4 ,curtis's address4 ,the general aim of the speech was to reconcile the ,people to kidnapping2 the rhetorical means to this end were an attempt to show that kidnapping was expedient2 that it was indispensable2 that it had been long since agreed to2 that the ,slaves were foreigners and had no right in ,massachusetts4 ,he said3-- ,we have come here not to consider particular measures of government but to assert that we have a government1 not to determine whether this or that law be wise or just1 but to declare that there is law1 and its duties and power4 ,every sovereign ,state has and must have the right to judge what persons from abroad shall be admitted4 ,are not these persons fugitive slaves foreigners as to us--and what right have they to come here at all1 against the will of the legislative power of the ,state4 ,massachusetts had no legislation forbidding them6 ,and if their coming here or remaining here1 is not consistent with the safety of the ,state and the welfare of the citizens may we not prohibit their coming1 or send them back if they come8 ,to deny this is to deny the right of self-preservation to a ,state4444 ,it 444 throws us back at once into a condition below the most degraded savages who have a semblance of government4 ,you know that the great duty of justice could not otherwise be performed1 that is without the fugitive-from-labor clause in the ,constitution2 that our peace at home and our safety from foreign aggression could not otherwise be insured2 and that only by this means could we obtain 'the ,blessings of ,liberty' to the people of ,massachusetts and their posterity4 ,in no other way could we become an example of1 and security for1 the capacity of man1 safely and peacefully and wisely to govern himself under free and popular institutions4 ,so the fugitive slave bill is an argument against human depravity1 showing the capacity of man to govern himself safely and peacefully and wisely4 ,he adds1 as early as #afdc the ,new ,england colonies found it necessary to insert an article substantially like this one1 for the rendition of fugitive servants1 and in #aghi the ,federal government demanded that the ,spaniards should surrender the fugitive slaves of ,georgia4 ,injustice1 ,gentlemen1 has never lacked a precedent since ,cain killed ,abel4 ,mr4 ,curtis continues3-- ,when ,i look abroad over #ajj1jjj happy homes in ,massachusetts and see a people1 such as the blessed sun has rarely shone upon1 so intelligent and educated1 moral1 religious1 progressive1 and free to do every thing but wrong--,i fear to say that ,i should not be in the wrong to put all this at risk1 because our passionate will impels us to break a promise our wise and good fathers made1 not to allow a class of foreigners to come here1 or to send them back if they came4 ,so the refusal to kidnap ,ellen and ,william ,craft came of the passionate will of the people1 and is likely to ruin the happy homes of a moral and religious people6 ,with the rights of these persons ,i firmly believe ,massachusetts has nothing to do4 ,it is enough for us that they have no right to be here4 ,whatever natural rights they have--and ,i admit these natural rights to their fullest extent--this is not the soil on which to vindicate them4 ,this is our soil1 sacred to our peace1 on which we intend to perform our promises1 and work out for the benefit of ourselves and our posterity and the world1 the destiny which our ,creator has assigned to us4 ,gentlemen of the ,jury1 it is written of that ,creator that ,he is no ,respecter of ,persons2 and hath made of one blood all nations of men for to dwell on all the face of the earth4 ,the ,our ,creator of ,mr4 ,curtis is also the ,father of ,william and ,ellen ,craft2 and that great ,soul who has ploughed his moral truths deep into the history of mankind1 represents the final ,judge of us all as saying to such as scorned his natural ,law of ,justice and ,humanity1 ,,inasmuch ,,as ,,ye ,,did ,,it ,,not ,,to ,,one ,,of ,,the ,,least ,,of ,,these ,,ye ,,did ,,it ,,not ,,to ,,me4 ,massachusetts is our soil1 is it2 sacred to our peace1 which is to be made sure of by stealing our brother men1 and giving to ,commissioners ,george ,t4 ,curtis and ,edward ,g4 ,loring ten dollars for making a slave1 and only five for setting free a man6 ,peace and the fugitive slave bill6 ,no1 ,gentlemen of the ,jury1 it is vain to cry ,peace1 ,peace--when there is no peace6 ,ay1 there is no peace to the wicked2 and though the counsel of the ungodly be carried1 it is carried headlong6 ,in that speech1 ,gentlemen1 ,mr4 ,curtis made a special attack upon me3-- ,there has been made within these walls1 said he1 the declaration that an article of the ,constitution the rendition clause of the ,united ,states 'shall not be executed1 law or no law4' ,a gentleman offered a resolve 444 that 'constitution or no constitution1 law or no law1 we will not allow a fugitive slave to be taken from ,massachusetts4' ,the chairman of a public meeting ,hon4 ,charles ,francis ,adams1 on ,october #adth declared here that 'the law will be resisted1 and if the fugitive resists1 and if he slay the slave-hunter1 or even the ,marshal1 and if he therefor be brought before a ,jury of ,massachusetts men1 that ,jury will not convict him4' ,and as if there should be nothing wanting to exhibit the madness which has possessed men's minds1 murder and perjury have been enacted into virtues1 and in this city preached from the sacred desk4 ,i must not be suspected of exaggerating in the least degree4 ,i read therefore the following passage from a sermon preached and published in this city3-- ',let me suppose a case which may happen here and before long4 ,a woman flies from ,south ,carolina to ,massachusetts to escape from bondage4 ,mr4 ,greatheart aids her in her escape1 harbors and conceals her1 and is brought to trial for it4 ,the punishment is a fine of one thousand dollars and imprisonment for six months4 ,i am drawn to serve as a juror and pass upon this offence4 ,i may refuse to serve and be punished for that1 leaving men with no scruples to take my place1 or ,i may take the juror's oath to give a verdict according to the law and the testimony4 ,the law is plain1 let us suppose1 and the testimony conclusive4 ,greatheart himself confesses that he did the deed alleged1 saving one ready to perish4 ,the judge charges that if the jurors are satisfied of that fact then they must return that he is guilty4 ,this is a nice matter4 ,here are two questions4 ,the one put to me in my official capacity as juror1 is this3 ,did ,greatheart aid the woman8 ,the other1 put to me in my natural character as man1 is this3 ,will you help punish ,greatheart with fine and imprisonment for helping a woman obtain her unalienable rights8 ,if ,i have extinguished my manhood by my juror's oath1 then ,i shall do my official business and find ,greatheart guilty1 and ,i shall seem to be a true man2 but if ,i value my manhood ,i shall answer after my natural duty to love man and not hate him1 to do him justice1 not injustice1 to allow him the natural rights he has not alienated1 and shall say1 ,not guilty4 ,then men will call me forsworn and a liar1 but ,i think human nature will justify the verdict4' ,i should like to ask1 he continued1 the reverend gentleman in what capacity he expects to be punished for his perjury8 ,gentlemen of the ,jury1 ,i rose and said1 ,do you want an answer to your question1 sir8 ,he had charged me with preaching murder and perjury2 had asked1 ,how ,i expected to be punished for my own ,,perjury8 ,when ,i offered to answer his question he refused me the opportunity to reply6 ,thus1 ,gentlemen1 he charged me with recommending men to commit perjury6 ,did he think ,i advised men to take an oath and break it8 ,on the other side of the page which he read there stood printed3-- ,suppose a man has sworn to keep the ,constitution of the ,united ,states1 and the ,constitution is found to be wrong in certain particulars2 then his oath is not morally binding1 for before his oath1 by his very existence1 he is morally bound to keep the law of ,god as fast as he learns it4 ,no oath can absolve him from his natural allegiance to ,god4 ,yet ,i see not how a man can knowingly1 and with a good ,conscience1 swear to keep what he deems it wrong to keep1 and will not keep1 and does not intend to keep4 ,gentlemen1 when that speech came to be printed--there was no charge of perjury at all1 but a quite different sentence6#ahi ,footnote #ahi3 ,see the speech in ,boston ,courier of ,november #bgth1 with the editorial comment1 and in ,daily ,advertiser of #bhth1 ,thanksgiving ,day4 ,see also the ,atlas of ,november #bgth4 ,the ,sermon is in #b ,parker's ,speeches1 #bda4 #i4 ,in ,february1 #ahea1 ,george ,t4 ,curtis issued the warrant for the seizure of ,shadrach1 who was hauled in to the court house before that ,commissioner2 but the ,lord delivered him out of their hands1 and he also escaped out of the ,united ,states of ,america4 #aj4 ,after the escape or rescue of ,shadrach1 ,george ,t4 ,curtis telegraphed the news to ,mr4 ,webster1 at ,washington1 declaring it is levying war2 thus constructing high treason out of the rescue of a prisoner by unarmed men1 from the hands of a sub-deputy officer of the ,united ,states4 #aa4 ,george ,t4 ,curtis also officiated as ,commissioner in the kidnapping of ,thomas ,sims1 in ,april1 #ahea2 and under the pretence of extradition1 sent him to be scourged in the jail of ,savannah1 and then to suffer eternal bondage4 ,it was rumored at the time that ,charles ,p4 ,curtis and ,benjamin ,r4 ,curtis1 his law-partner and son-in-law1 were the secret legal advisers and chamber-counsel of the ,southern slave-hunters in this case4 ,i know not how true the rumor was1 nor whether it was based on new observation of facts1 or was merely an inference from their general conduct and character4 #ab4 ,when ,mr4 ,sims was brought before ,judge ,woodbury1 on habeas corpus1 ,benjamin ,r4 ,curtis appeared as counsel for the ,marshal1 and also assisted ,judge ,woodbury in strengthening his opinion against ,sims1 by a written note transmitted by an officer of the ,court to the ,judge1 while he was engaged in delivering his opinion4 #ac4 ,gentlemen of the ,jury1 ,i have shown you how1 in ,britain1 the ,government1 seeking to oppress the people and to crush down freedom of speech1 put into judicial offices such men as were ready to go all lengths in support of profitable wickedness4 ,you do not forget the men whom the ,stuarts made judges3 surely you remember ,twysden1 and ,kelyng1 and ,finch1 and ,saunders1 and ,scroggs4 ,you will not forget ,edmund ,thurlow and ,john ,scott4 ,well1 ,gentlemen1 in #ahea1 ,judge ,woodbury died1 and on the recommendation of ,mr4 ,webster1 ,mr4 ,benjamin ,r4 ,curtis was raised to the dignity he now holds4 ,of course1 ,gentlemen1 the country will judge of the cause and motive of the selection4 ,no lawyer in ,new ,england had laid down such southern ,principles for foundation of law2 he outwent ,mr4 ,sprague4 ,none had rendered such service to the ,slave ,power4 ,in #ahcf1 he had sought to restore slavery to ,massachusetts1 and to accomplish that had denied the existence of any ,higher ,law1--the written statute was the only standard of judicial morals4 ,in #ahej1 he had most zealously defended the fugitive slave bill1--coming to the rescue of despotism when it seemed doubtful which way the money of ,boston would turn1 and showing most exemplary diligence in his attempts to kidnap ,william and ,ellen ,craft4 ,gentlemen1 if such services were left unpaid1 surely the ,union would be in danger6 ,but ,i must go on with my sad chronicle4 #ad4 ,as ,circuit ,judge of the ,united ,states1 ,benjamin ,r4 ,curtis1 as well in the construction of juries1 as in the construction of the law1 exerted all his abilities against the parties indicted for the rescue of ,shadrach1 though ,mr4 ,hale says his conduct was far better than ,judge ,sprague's4 ,he did this especially in the case of ,elizur ,wright1 who appeared without counsel1 and thus afforded a better opportunity to procure a conviction4 ,but it was in vain--all escaped out of his hands4 #ae4 ,in #ahea1 ,george ,t4 ,curtis brought an action for libel against ,benjamin ,b4 ,mussey1 bookseller1 who had just published a volume of speeches by the ,hon4 ,horace ,mann1 one of which was against the business of kidnapping in ,boston1 wherein ,george ,t4 ,curtis found1 as he alleged1 matter libellous of himself4 ,that suit remains yet undisposed of2 but in it he will doubtless recover the full value of his reputation1 on which kidnapping has affixed no stain4 #af4 ,in ,may1 #ahed1 ,edward ,g4 ,loring issued a warrant for the seizure of ,mr4 ,burns2 decided the case before he heard it1 having advised the counsel not to oppose his rendition1 for he would probably be sent back2 held him ironed in his court1 and finally delivered him over to eternal bondage4 ,but in that case1 it is said1 ,mr4 ,loring1 who has no ,curtis blood in his veins1 did not wish to steal a man2 and proposed to throw up his commission rather than do such a deed2 but he consulted his step-brother1 ,charles ,p4 ,curtis1 who persuaded him it would be dishonorable to decline the office of kidnapping imposed upon him as a ,united ,states ,commissioner by the fugitive slave bill4 ,benjamin ,r4 ,curtis1 it is said1 ,i know not how truly--himself can answer1 aided ,mr4 ,loring in forming the opinion by which he attempted to justify the extradition of ,mr4 ,burns2 that is to say1 the giving him up as a slave without any trial of his right to liberty1 merely on a presumptive case established by his claimant4 #ag4 ,after ,commissioner ,loring had seized ,mr4 ,burns1 ,mr4 ,george ,t4 ,curtis1 by a communication published in the newspapers1 informed the public that he still continued the business of man-hunting at the old stand1 where all orders for kidnapping would be promptly attended to4 ,for1 he says1 there was a statement that ,i had declined1 or was unwilling or afraid to act4 ,i did not choose that any one whatever should have an excuse for believing that ,judge ,loring was willing to sit in a case that ,i had declined4 ,i thought proper to place myself as it were by his side4 ,but ,i never took a fee for kidnapping1 and ,i never shall take one4#aij ,did he remember the fate of the ,hebrew ,judas1 who betrayed the ,innocent ,blood1 and then cast down the thirty pieces8 ,footnote #aij3 ,see ,boston ,journal of ,may #bi1 and ,boston ,courier of ,june #g1 #ahed4 ,hitherto the kidnapping commissioners1 though both members of the same family1 had pursued their game separately1 each on his own account4 ,after this it appears these two are to hunt in couples3 ,commissioner ,loring and ,commissioner ,curtis as it were by his side3-- ,swift in pursuit1 but matched in mouth like bells1 ,each under each4 ,gentlemen of the ,jury1 it is a very painful thing for me to deliver this very sad chronicle of such wicked deeds4 ,but do not judge these men wholly by those acts4 ,i am by no means stingy of commendation1 and would rather praise than blame4 ,the two elder ,messrs4 ,curtis have many estimable and honorable qualities1--in private relations it is said--and ,i believe it--they are uncommonly tender and delicate and refined in the elegant courtesies of common life4 ,i know that they have often been open-handed and generous in many a charity4 ,in the ordinary intercourse of society1 where no great moral principle is concerned1 they appear as decorous and worthy men4 ,hon4 ,benj4 ,r4 ,curtis1--he will allow me to mention his good qualities before his face1--though apparently destitute of any high moral instincts1 is yet a man of superior powers of understanding1 and uncommon industry2 as a lawyer he was above many of the petty tricks so common in his profession4 ,strange as it may seem1 ,i have twice seen ,mr4 ,george ,t4 ,curtis's name among others who contributed to purchase a slave2 ,mr4 ,loring's good qualities ,i have often mentioned1 and always with delight4 ,but this family has had its hand in all the kidnapping which has recently brought such misery to the colored people and their friends2 such ineffaceable disgrace upon ,boston1 and such peril to the natural ,rights of man4 ,these men have laid down and advocated the principles of despotism2 they have recommended1 enforced1 and practised kidnapping in ,boston1 and under circumstances most terribly atrocious4 ,without their efforts we should have had no man-stealing here4 ,they cunningly1 but perhaps unconsciously1 represented the low ,selfishness of the ,money ,power at the ,north1 and the ,slave ,power at the ,south1 and persuaded the controlling men of ,boston to steal ,mr4 ,sims and ,mr4 ,burns4 ,in #ahcf they sought to enslave a poor little orphan girl1 and restore bondage to ,massachusetts2 in #ahea they succeeded in enthralling a man4 ,now1 ,gentlemen1 they are seeking to sew up the mouth of ,new ,england2 there is a sad consistency in their public behavior4 ,gentlemen1 they are not ashamed of this conduct2 when ,a ,citizen of ,boston1 last ,january1 related in the ,new ,york ,tribune some of the facts ,i have just set forth1 ,one of the name published his card in that paper and thanked the ,citizen for collecting abundant evidence that the ,curtis ,family have worked hard to keep the law superior to fanaticism1 disloyalty1 and the mob1 and declared that they feel encouraged to continue in the same course and their children after them4#aia ,mr4 ,thomas ,b4 ,curtis considers some of the acts ,i have just mentioned among the most meritorious acts of his life4#aib ,mr4 ,loring1 in his ,remonstrance1 justifies ,kidnapping6 ,footnote #aia3 ,new ,york ,tribune1 ,january #ae1 #ahee4 ,footnote #aib3 ,daily ,advertiser1 ,february #g1 #ahee4 ,they may1 indeed1 speak well of the bridge which carries them safe over4 ,three of the family are fugitive slave bill commissioners2 one of them intellectually the ablest1 perhaps morally the blindest1 who so charged me with ,perjury1 is the ,honorable ,judge who is to try me for a ,misdemeanor4 ,of course he is perfectly impartial1 and has no animosity which seeks revenge1--the history of courts forbids the supposition6 ,such1 ,gentlemen1 are the antecedents of the ,hon4 ,judge ,curtis1 such his surroundings4 ,you will presently see what effect they have had in procuring this indictment4 ,it a sad tale that ,i have presented4 ,he told it1 not ,i2 he did the deeds1 and they have now found words4 99 99 99 99 99 ,gentlemen of the ,jury1 ,i shall next speak of ,judge ,curtis's charge to the grand-jury1 delivered in ,boston1 ,june #g1 #ahed--only five days after his kinsman had sent ,mr4 ,burns into ,slavery4 ,here is that part of the charge which relates to our case4 ,there is another criminal law of the ,united ,states to which ,i must call your attention1 and give you in charge4 ,it was enacted on the #acth of ,april1 #agij1 and is in the following words3-- ',if any person shall knowingly or wilfully obstruct1 resist1 or oppose any officer of the ,united ,states1 in serving1 or attempting to serve1 or execute any mesne process1 or warrant1 or any rule or order of any of the courts of the ,united ,states1 or any other legal writ or process whatever1 or shall assault1 beat1 or wound any officer1 or other person duly authorized1 in serving or executing any writ1 rule1 order1 process1 or warrant1 aforesaid1 such person shall1 on conviction1 be imprisoned not exceeding twelve months1 and fined not exceeding three hundred dollars4' ,you will observe1 ,gentlemen1 that this law makes no provision for a case where an officer1 or other person duly authorized1 is killed by those unlawfully resisting him4 ,that is a case of murder1 and is left to be tried and punished under the laws of the ,state1 within whose jurisdiction the offence is committed4 ,over that offence against the laws of the ,state of ,massachusetts we have here no jurisdiction4 ,it is to be presumed that the duly constituted authorities of the ,state will1 in any such case1 do their duty2 and if the crime of murder has been committed1 will prosecute and punish all who are guilty4 ,our duty is limited to administering the laws of the ,united ,states2 and by one of those laws which ,i have read to you1 to obstruct1 resist1 or oppose1 or beat1 or wound any officer of the ,united ,states1 or other person duly authorized1 in serving or executing any legal process whatsoever1 is an offence against the laws of the ,united ,states1 and is one of the subjects concerning which you are bound to inquire4 ,it is not material that the same act is an offence both against the laws of the ,united ,states and of a particular ,state4 ,under our system of government the ,united ,states and the several ,states are distinct sovereignties1 each having its own system of criminal law1 which it administers in its own tribunals2 and the criminal laws of a ,state can in no way affect those of the ,united ,states4 ,the offence1 therefore1 of obstructing legal process of the ,united ,states is to be inquired of and treated by you as a misdemeanor1 under the ,act of ,congress which ,i have quoted1 without any regard to the criminal laws of the ,state1 or the nature of the crime under these laws4 ,this ,act of ,congress is carefully worded1 and its meaning is plain4 ,nevertheless1 there are some terms in it1 and some rules of law connected with it1 which should be explained for your guidance4 ,and first1 as to the process1 the execution of which is not to be obstructed4 ,the language of the ,act is very broad4 ,it embraces every legal process whatsoever1 whether issued by a court in session1 or by a judge1 or magistrate1 or commissioner acting in the due administration of any law of the ,united ,states4 ,you will probably experience no difficulty in understanding and applying this part of the law4 ,as to what constitutes an obstruction--it was many years ago decided1 by ,justice ,washington1 that to support an indictment under this law1 it was not necessary to prove the accused used or even threatened active violence4 ,any obstruction to the free action of the officer1 or his lawful assistants1 wilfully placed in his or their way1 for the purpose of thus obstructing him or them1 is sufficient4 ,and it is clear that if a multitude of persons should assemble1 even in a public highway1 with the design to stand together1 and thus prevent the officer from passing freely along the way1 in the execution of his precept1 and the officer should thus be hindered or obstructed1 this would of itself1 and without any active violence1 be such an obstruction as is contemplated by this law4 ,if to this be added use of any active violence1 then the officer is not only obstructed1 but he is resisted and opposed1 and of course the offence is complete1 for either of them is sufficient to constitute it4 ,if you should be satisfied that an offence against this law has been perpetrated1 you will then inquire by whom2 and this renders it necessary for me to instruct you concerning the kind and amount of participation which brings individuals within the compass of this law4 ,and first1 all who are present and actually obstruct1 resist1 or oppose1 are of course guilty4 ,so are all who are present leagued in the common design1 and so situated as to be able1 in case of need1 to afford assistance to those actually engaged1 though they do not actually obstruct1 resist1 or oppose4 ,if they are present for the purpose of affording assistance in obstructing1 resisting1 or opposing the officers1 and are so situated as to be able in any event which may occur1 actually to aid in the common design1 though no overt act is done by them1 they are still guilty under this law4 ,the offence defined by this act is a misdemeanor2 and it is rule of law that whatever participation1 in case of felony1 would render a person guilty1 either as a principal in the second degree1 or as an accessory before the fact1 does1 in a case of misdemeanor1 render him guilty as a principal2 in misdemeanors all are principals4 ,and1 therefore1 in pursuance of the same rule1 not only those who are present1 but those who1 though absent when the offence was committed1 did procure1 counsel1 command1 or abet others to commit the offence1 are indictable as principal4 ,such is the law1 and it would seem that no just mind could doubt its propriety4 ,if persons having influence over others use that influence to induce the commission of crime1 while they themselves remain at a safe distance1 that must be deemed a very imperfect system of law which allows them to escape with impunity4 ,such is not our law4 ,it treats such advice as criminal1 and subjects the giver of it to punishment according to the nature of the offence to which his pernicious counsel has led4 ,if it be a case of felony1 he is by the common law an accessory before the fact1 and by the laws of the ,united ,states and of this ,state1 is punishable to the same extent as the principal felon4 ,if it be a case of misdemeanor1 the adviser is himself a principal offender1 and is to be indicted and punished as if he himself had done the criminal act4 ,it may be important for you to know what1 in point of law1 amounts to such an advising or counselling another as will be sufficient to constitute this legal element in the offence4 ,it is laid down by high authority1 that though a mere tacit acquiescence1 or words1 which amount to a bare permission1 will not be sufficient1 yet such a procurement may be1 either by direct means1 as by hire1 counsel1 or command1 or indirect1 by evincing an express liking1 approbation1 or assent to another's criminal design4 ,from the nature of the case1 the law can prescribe only general rules on this subject4 ,my instruction to you is1 that language addressed to persons who immediately afterwards commit an offence1 actually intended by the speaker to incite those addressed to commit it1 and adapted thus to incite them1 is such a counselling or advising to the crime as the law contemplates1 and the person so inciting others is liable to be indicted as a principal4 ,in the case of the ,commonwealth v4 ,bowen 7#ac ,mass4 ,r4 #cei71 which was an indictment for counselling another to commit suicide1 tried in #ahaf1 ,chief ,justice ,parker instructing the jury1 and speaking for the ,supreme ,court of ,massachusetts1 said3-- ',the government is not bound to prove that ,jewett would not have hung himself1 had ,bowen's counsel never reached his ear4 ,the very act of advising to the commission of a crime is of itself unlawful4 ,the presumption of law is that advice has the influence and effect intended by the adviser1 unless it is shown to have been otherwise2 as that the counsel was received with scoff1 or was manifestly rejected and ridiculed at the time it was given4 ,it was said in the argument that ,jewett's abandoned and depraved character furnishes ground to believe that he would have committed the act without such advice from ,bowen4 ,without doubt he was a hardened and depraved wretch2 but it is in man's nature to revolt at self-destruction4 ,when a person is predetermined upon the commission of this crime1 the seasonable admonitions of a discreet and respected friend would probably tend to overthrow his determination4 ,on the other hand1 the counsel of an unprincipled wretch1 stating the heroism and courage the self-murderer displays1 might induce1 encourage1 and fix the intention1 and ultimately procure the perpetration of the dreadful deed2 and if other men would be influenced by such advice1 the presumption is that ,jewett was so influenced4 ,he might have been influenced by many powerful motives to destroy himself4 ,still the inducements might have been insufficient to procure the actual commission of the act1 and one word of additional advice might have turned the scale4' ,when applied--as this ruling seems to have been here applied--to a case in which the advice was nearly connected1 in point of time1 with the criminal act1 it is1 in my opinion1 correct4 ,if the advice was intended by the giver to stir or incite to a crime--if it was of such a nature as to be adapted to have this effect1 and the persons incited immediately afterwards committed that crime--it is a just presumption that they were influenced by the advice or incitement to commit it4 ,the circumstances1 or direct proof1 may or may not be sufficient to control this presumption2 and whether they are so1 can duly be determined in each case1 upon all its evidence4 ,one other rule of law on this subject is necessary to be borne in mind--the substantive offence to which the advice or incitement applied must have been committed2 and it is for that alone the adviser or procurer is legally accountable4 ,thus if one should counsel another to rescue one prisoner1 and he should rescue another1 unless by mistake2 or if the incitement was to rescue a prisoner1 and he commit a larceny1 the inciter is not responsible4 ,but it need not appear that the precise time1 or place1 or means advised1 were used4 ,thus if one incite ,a4 to murder ,b41 but advise him to wait until ,b4 shall be at a certain place at noon1 and ,a4 murders ,b4 at a different place in the morning1 the adviser is guilty4 ,so if the incitement be to poison1 and the murderer shoots1 or stabs4 ,so if the counsel be to beat another1 and he is beaten to death1 the adviser is a murderer2 for having incited another to commit an unlawful act1 he is responsible for all that ensues upon its execution4 ,these illustrations are drawn from cases of felonies1 because they are the most common in the books and the most striking in themselves2 but the principles on which they depend are equally applicable to cases of misdemeanor4 ,in all such cases the real question is1 whether the accused did procure1 counsel1 command1 or abet the substantive offence committed4 ,if he did1 it is of no importance that his advice or directions were departed from in respect to the time1 or place1 or precise mode or means of committing it4 ,gentlemen3 ,the events which have recently occurred in this city1 have rendered it my duty to call your attention to these rules of law1 and to direct you to inquire whether in point of fact the offence of obstructing process of the ,united ,states has been committed2 if it has1 you will present for trial all such persons as have so participated therein as to be guilty of that offence4 ,and you will allow me to say to you that if you or ,i were to begin to make discriminations between one law and another1 and say this we will enforce and that we will not enforce1 we should not only violate our oaths1 but so far as in us lies1 we should destroy the liberties of our country1 which rest for their basis upon the great principle that our country is governed by laws1 constitutionally enacted1 and not by men4 ,in one part of our country the extradition of fugitives from labor is odious2 in another1 if we may judge from some transactions1 the law concerning the extradition of fugitives from justice has been deemed not binding2 in another still1 the tariff laws of the ,united ,states were considered oppressive1 and not fit to be enforced4 ,who can fail to see that the government would cease to be a government if it were to yield obedience to those local opinions8 ,while it stands1 all its laws must be faithfully executed1 or it becomes the mere tool of the strongest faction of the place and the hour4 ,if forcible resistance to one law be permitted practically to repeal it1 the power of the mob would inevitably become one of the constituted authorities of the ,state1 to be used against any law or any man obnoxious to the interests and passions of the worst or most excited part of the community2 and the peaceful and the weak would be at the mercy of the violent4 ,it is the imperative duty of all of us concerned in the administration of the laws to see to it that they are firmly1 impartially1 and certainly applied to every offence1 whether a particular law be by us individually approved or disapproved4 ,and it becomes all to remember1 that forcible and concerted resistance to any law is civil war1 which can make no progress but through bloodshed1 and can have no termination but the destruction of the government of our country1 or the ruin of those engaged in such resistance4 ,it is not my province to comment on events which have recently happened4 ,they are matters of fact which1 so far as they are connected with the criminal laws of the ,united ,states1 are for your consideration4 ,i feel no doubt that1 as good citizens and lovers of our country1 and as conscientious men1 you will well and truly observe and keep the oath you have taken1 diligently to inquire and true presentment make of all crimes and offences against the laws of the ,united ,states given you in charge4#aic ,footnote #aic3 ,law ,reporter1 ,august1 #ahed4 ,now gentlemen look at some particulars of this charge4 #a4 ,if a multitude of persons shall assemble even in a public highway1 with the design to stand together1 and thus prevent the officer from passing freely along that way1 in the execution of his precept1 and the officer should thus be hindered and obstructed1 this would1 of itself1 and without any active violence1 be such an obstruction as is contemplated by this law4 ,of course1 all persons thus assembled in the public highway were guilty of that offence1 and liable to be punished with imprisonment for twelve months and a fine of three hundred dollars3 ,all who are present1 and obstruct1 resist1 or oppose1 are of course guilty4 ,their design is to be inferred from the fact that the officer was obstructed4 ,that is not all1 this offence in technical language the ,judge calls a misdemeanor1 and in misdemeanors1 he says1 all are principals4 ,so1 accordingly1 not only are all guilty who actually obstruct but likewise all who are leagued in the common design1 and so situated as to be able in case of need to afford assistance to those actually engaged1 though they do not actually obstruct1 resist1 or oppose4 ,these are obstructors by construction ,no4 #a2 they must have been several thousands in number4 ,but even that is not all2 the judicial logic of deduction goes further still1 and he adds1 ,not only those who are present1 but those who though absent when the offence was committed1 did procure1 counsel1 command1 or abet others to commit the offence are indictable as principals4 ,these are obstructors by construction ,no4 #b4 #b4 ,next he determines what it is which amounts to such advising or counselling another as will be sufficient to constitute this legal element in the offence4 ,first he constructs the physical act which is the misdemeanor1 namely1 standing in the high road and thereby hindering a kidnapper from passing freely along that way2 or being so situated as to be able to afford assistance to others thus standing2 or advising another thus to stand1 or be situated3 next he constructs the advice1 the metaphysical act1 which is equally a misdemeanor4 ,this is the square root of construction ,no4 #b4 ,look at this absurd quantity4 ,such a procurement may be1 either by direct means1 as by hire1 counsel1 or command1 or indirect1 by evincing an express liking1 approbation1 or assent4 ,thus the mere casual expression1 ,i wish ,burns would escape1 or ,i wish somebody would let him out1 is a ,misdemeanor2 it is evincing an express liking4 ,nodding to any other man's similar wish is a misdemeanor4 ,it is approbation4 ,even smiling at the nod is a crime--it is assent4 ,such is the threefold shadow of this constructive shade4 ,but even that is not all4 ,a man is held responsible for what he evinced no express or implied liking for3 it need not appear that the precise time1 or place1 or means advised1 were used4 ,accordingly1 he that evinces an express liking1 is responsible for all that ensues upon its execution4 ,he evinces his assent to the ,end and is legally responsible for any ,means which any hearer thereof shall1 at any time1 or in any place1 make use of to attain that end6 ,gentlemen of the ,jury1 this charge is a quo warranto against all ,freedom of ,speech4 ,but suppose it were good law1 and suppose the ,grand-,jury obedient to it1 see how it would apply4 ,all who evinced an express liking1 approbation1 or assent to the rescue of ,mr4 ,burns are guilty of a misdemeanor2 if they evinced an express liking that he should be rescued by a miracle wrought by ,almighty ,god1--and some did express approbation of that means1--they are indictable1 guilty of a misdemeanor2 it need not appear that the precise time1 or place1 or means advised1 were used6 ,if any colored woman during the wicked week--which was ten days long--prayed that ,god would deliver ,anthony1 as it is said his angel delivered ,peter1 or said ,amen to such a prayer1 she was guilty of a misdemeanor2 to be indicted as a principal4 ,so every man in ,boston who1 on that bad ,friday1 stood in the streets of ,boston between ,court ,square and ,t ,wharf1 was guilty of a misdemeanor1 liable to a fine of three hundred dollars1 and to jailing for twelve months4 ,all who at ,faneuil ,hall stirred up the minds of the people in opposition to the fugitive slave bill2 all who shouted1 who clapped their hands at the words or the countenance of their favorites1 or who expressed approbation by a whisper of assent1 are guilty of a misdemeanor4 ,the very women who stood for four days at the street corners1 and hissed the infamous ,slave-hunters and their coadjutors2 they1 too1 ought to be punished by fine of three hundred dollars and imprisonment for a year6 ,well1 there were fifteen thousand persons assembled in the highway of the city of ,boston that day opposed to kidnapping2 half the newspapers in the country towns of ,massachusetts evinced an express liking for freedom1 and opposed the kidnapping2 they are all guilty of a misdemeanor2 they are ,principals4 ,nay1 the ministers all over the ,state1 who preached that kidnapping was a sin2 those who read brave words out of the ,old ,testament or the ,new2 those who prayed that the victim might escape2 they1 likewise1 were guilty of a misdemeanor1 liable to be fined three hundred dollars and jailed for twelve months4#aid ,footnote #aid3 #b ,parker's ,additional1 #bhj4 ,but where did ,judge ,curtis find his right to levy ,ship-money1 ,tonnage1 and ,poundage on the tongues of men2 where did he find his law8 ,surely not in the statute4 ,when the bill was pending in #agij1 suppose his construction of the statute had been declared to ,congress--who would have voted for a law so monstrous8 ,the statute lay in the ,law-book for nearly seventy years1 and nobody ever applied it to a case like this4 ,gentlemen1 ,i have shown you already how ,british judges in the time of the ,jameses and ,charleses perverted the law to the basest of purposes4 ,i mentioned1 amongst others1 the work of ,twysden and ,kelyng and ,jones4 ,this is a case like those4 ,just now ,i spoke of the action of ,chief ,justice ,parker who said it was not for the jury to judge whether a law were harsh or not2 ,i showed how he charged the jury in the case of ,bowen1 and how the jury returned a verdict of not guilty1 thus setting his inhuman charge at nought4#aie ,but ,judge ,curtis1 for his law1 relies upon ,judge ,parker's charge4 ,it is not a ,statute made by the legislature that ,judge ,curtis relies on for his law2 it is not a ,custom of the ,common law2 it is not an ,opinion of the ,court solemnly pronounced after mature deliberation2 it is only the charge of a single judge to a jury in a special case1 and one which the jury disregarded even then6 ,footnote #aie3 ,see above1 p4 #aab4 ,but where did ,judge ,parker1 an estimable man1 find his law8 ,mr4 ,perez ,morton1 the ,attorney-,general1 found it in ,kelyng's ,reports4 ,in the case of ,bowen only one authority is referred to for that odious principle on which the judge sought to hang him2 that authority is taken from #i ,charles ,i42 from the year #afcd--the worst age of the ,stuart tyranny6 ,but even that authority was not a ,statute law1 not a ,custom of the ,people1 not the ,opinion of a ,court solemnly pronounced4 ,it was the charge of a single judge--a charge to a jury1 made by an inferior judge1 of an inferior court1 in a barbarous age1 under a despotic king6 ,hearken to this1--from the volume of ,kelyng's ,reports4#aif ,memorandum1 ,that my ,brother ,twysden shewed me a ,report which he had of the ,charge given by ,justice ,jones to the grand-jury at the ,king's ,bench ,barr1 in ,michaelmas ,term1 #i ,carl4 ,i4 ,gentlemen of the ,jury1 that charge no more settled the law even in #afcd1 than ,judge ,sprague's charge telling the grand-jury to obey both the law of ,god and the law of man which is exactly opposite thereto1 settled the law of the ,united ,states and the morality of the ,people4 ,but yet that is all the law the government had to hang ,bowen with4 ,the jury made nothing of it4#aig ,footnote #aif3 ,page #eb4 ,see above1 p4 #aab4 ,footnote #aig3 ,jones's opinion relates to a case of murder by the advice of an absent person1 not at all to suicide by the advice of another1 so it could not apply to the case of ,bowen4 ,but ,kelyng's ,reports are of no value as authority4 ,here is what ,lord ,campbell1 now ,chief ,justice of the ,king's ,bench1 says of them and their author4 ,i read it to you long ago4 ,i ought to mention that among his other vanities he had the ambition to be an author2 and he compiled a folio volume of decisions in criminal laws1 which are of no value whatever except to make us laugh at some of the silly egotisms with which they abound4#aih ,twysden1 who showed him the ,report of the charge1 is of little value1 and of no authority4 ,i mentioned his character before4 ,footnote #aih3 #b ,campbell's ,justices1 #djf4 ,justice ,jones1 who made the charge1 would hardly be an authority in the ,english courts in a nice question of construction4 ,he allowed the king to levy ship-money1 as ,i have shown before1#aii and dared not perform the duties of his office and so protect the ,liberty of the ,subject when the king smote thereat4 ,he was brought before the ,house of ,commons to answer for his conduct1 in #afbh4 ,his memory1 says ,echard1 suffers upon the account of his open judgment for the ship-money1 the unhappy consequence of which he did not live to see4#bjj ,footnote #aii3 ,above1 p4 #bc4 ,footnote #bjj3 ,parl4 ,hist4 #bij2 #c ,st4 ,tr4 #hdd1 #aaha1 #afb2 #b ,echard1 #ahf4 ,judge ,kelyng1 the great authority in this case1 was notorious for violating alike ,justice and the law4 ,out of a riot committed by some apprentices he constructed the crime of ,high ,treason1 and sentenced thirteen men to death4 ,he fined and imprisoned jurors because they refused to return the wicked1 illegal verdict he demanded4 ,with language too obscene to utter in this century1 he mocked at the ,great ,charter of ,english ,liberty4 ,but at last the scandal was too great even for the reign of ,charles ,,ii41 and in #affg the ,grand ,committee of ,justice in the ,house of ,commons1 after examining witnesses and hearing him on his own behalf1 reported3-- #a4 ,that the proceedings of the ,lord ,chief ,justice in the cases referred to us are innovations in the trial of men for their lives and liberties1 and that he hath used an arbitrary and illegal power which is of dangerous consequence to the lives and liberties of the people of ,england4 #b4 ,that in place of ,judicature1 the ,lord ,chief ,justice hath undervalued1 vilified1 and condemned ,,magna ,,charta1 the great preserver of our lives1 freedom1 and property4 #c4 ,that the ,lord ,chief ,justice be brought to trial1 in order to condign punishment1 in such manner as the ,house shall judge most fit and requisite4#bja ,footnote #bja3 ,see above1 p4 #bc1 #ci1 #aac1 #abe2 #a ,campbell1 ,ibid4 #djf2 #f ,st4 ,tr4 #gf1 #bbi1 #aga1 #ecb1 #gfi1 #hgi1 #iib2 ,pepys' ,diary1 #ag ,oct41 #affg2 ,commons ,journal1 #afth ,oct41 #affg4 ,some of the lawyers whom he had browbeaten1 generously interceded for him4 ,he made an abject submission with great humility and reverence1 and the ,house desisted from prosecution4 ,he was abundantly tame for the rest of his days1 says ,lord ,campbell1 fell into utter contempt1 and died to the great relief of all who had any regard for the due administration of justice4 ,gentlemen1 ,i am no lawyer1 and may easily be mistaken in this matter1 but as ,i studied ,judge ,curtis's charge and cast about for the sources of its doctrines and phraseology1 ,i thought ,i traced them all back to ,kelyng's opinions in that famous case1 where he made treason out of a common riot among apprentices2 and to ,judge ,chase's opinions and rulings in the trial of ,mr4 ,fries1--opinions and rulings which shocked the public at the time1 and brought legislative judgment on his head4 ,let any one compare the documents1 ,i think he will find the whole of ,curtis in those two impeached ,judges1 in ,kelyng and in ,chase4#bjb ,footnote #bjb3 #a ,wharton1 #fcf2 ,kelyng1 #a-bd1 #gj-gg2 #f ,st4 ,tr4 #hgi4 ,here then is the law1--derived from the memorandum of the charge to a grand-jury made in #afcd1 by a judge so corrupt that he did not hesitate to violate ,magna ,charta itself2 not published till more than seventy years after the charge was given2 cited as law by a single authority1 and that authority impeached for unrighteously and corruptly violating the laws he was set and sworn to defend1 impeached even in that age--of ,charles ,,ii42--that is the law6 ,once before an attempt was made to apply it in ,massachusetts1 and inflict capital punishment on a man for advising a condemned murderer to anticipate the hangman and die by his own hand in private--and the jury refused4 ,but to such shifts is this ,honorable ,court reduced6 ,gentlemen of the ,jury1 the fugitive slave bill cannot be executed in ,massachusetts1 not in ,america1 without reviving the worst despotism of the worst of the ,stuarts2 not without bringing ,twysden and ,jones and ,kelyng on the ,bench2 no1 not without ,saunders and ,finch1 and ,jeffreys and ,scroggs6 ,gentlemen1 such was ,judge ,curtis's charge4 ,i have been told it was what might have been expected from the general character and previous conduct of the man2 but ,i confess it did surprise me3 it was foolish as it was wicked and tyrannical4 ,but it all came to nought4 ,for1 alas6 there was a grand-jury1 and the ,salmonean thunder of the fugitive slave bill judge fell harmless--quenched1 conquered1 disgraced1 and brutal1--to the ground4 ,poor fugitive slave bill ,court6 ,it can only gnash its teeth against freedom of speech in ,faneuil ,hall2 only bark and yelp against the unalienable rights of man1 and howl against the ,higher ,law of ,god6 it cannot bite6 ,poor1 imbecile1 malignant ,court6 ,what a pity that the fugitive slave bill judge was not himself the grand-jury1 to order the indictment6 what a shame that the attorney was not a petty jury to convict6 ,then ,new ,england1 like ,old1 might have had her bloody assizes1 and ,boston streets might have streamed with the heart's gore of noble men and women2 and human heads might have decked the pinnacles all round the town2 and ,judge ,curtis and ,attorney ,hallett might have had their place with ,judge ,jeffreys and ,john ,boilman of old4 ,what a pity that we have a grand-jury and a traverse jury to stand between the malignant arm of the ,slave-hunter and the heart of you and me6#bjc ,footnote #bjc3 #b ,parker's ,additional1 p4 #bha4 ,the grand-jury found no bill and were discharged4 ,in a ,fourth of ,july ,sermon ,of the ,dangers which ,threaten the ,rights of ,man in ,america1 ,i said3-- ,perhaps the ,court will try again1 and find a more pliant ,grand-,jury1 easier to intimidate4 ,let me suggest to the ,court that the next time it should pack its ,jury from the ,marshal's ',guard4' ,then there will be ,unity of ,idea2 of action too1--the ,court a figure of equilibrium4 ,the audacious ,grand-,jury was discharged4 ,a new one was summoned2 this time it was constructed out of the right material4 ,before that1 ,gentlemen1 we had had the ,judge or his kinsmen writing for the fugitive slave bill in the newspapers2 getting up public meetings in behalf of man-stealing in ,boston2 writing letters in support of the same2 procuring opinions in favor of the constitutionality of the fugitive slave bill2 nay1 kidnapping men and sending them into eternal bondage1 and in the newspapers defending the act2 but we had none of them in the ,jury box4 ,on the new ,grand-,jury appeared ,mr4 ,william ,w4 ,greenough1 the brother-in-law of ,hon4 ,judge ,curtis--each married a daughter of ,mr4 ,charles ,p4 ,curtis4 ,mr4 ,greenough was very active in his endeavors to procure an indictment against me2 and a bill was found4 ,how came the ,brother-in-law of the ,judge on the ,grand-,jury summoned to punish men who spoke against kidnapping8 ,gentlemen of the ,jury1 ,i do not know4 ,of course it was done honestly2 nobody suspects the ,mayor of ,boston of double-dealing1 of intrigue1 or of any indirection6 ,of course there was no improper influence used by the ,marshal1 or ,mr4 ,curtis1 or ,mr4 ,hallett1 who had all so much at stake2 of course ,mr4 ,greenough did not wish to be on the ,jury2 of course ,judge ,curtis was very sorry he was there1 and of course all the family was sorry6 ,of course he went and asked ,judge ,sprague to excuse him1 and the ,judge wouldn't let him off6 ,well1 ,gentlemen1 ,i suppose it was a miracle2 such a miracle as delivered the old or the new ,shadrach2 a singular coincidence2 a very remarkable fact4 ,you will agree with me1 ,gentlemen1 that it was a very remarkable ,,fact4 ,in all the judicial tyranny ,i have related1 we have not found a case before in which the judge had his brother on the ,grand-,jury4 ,even ,kelyng affords no precedent for that4 ,last summer ,i met ,mr4 ,greenough in a ,bookstore and saluted him as usual2 he made no return to my salutation1 but doubled up his face and went out of the shop6 ,that was the impartial ,grand-,juror1 who took the oath to present no man for envy1 hatred1 or malice4 ,after the impanelling of the new ,grand-,jury1--,i am reading from a newspaper1#bjd ,judge ,curtis charged them in reference to their duties at considerable length4 ,in regard to the ,burns case he read the law of #agij respecting opposition to the ,united ,states ,marshals and their deputies while in discharge of their duty1 enforcing the laws of the ,united ,states1 and referred for further information as to the law upon the point to his charge delivered at a previous term of the ,court1 and now in the possession of the ,district ,attorney4 ,thus he delegated the duty of expounding the law to a man who is not a judicial officer of the ,united ,states4 ,footnote #bjd3 ,evening ,traveller1 ,oct4 #af4 ,gentlemen of the ,jury1 look at the facts4 ,i am indicted by a ,grand-,jury summoned for that purpose after one ,grand-,jury--which had been drawn before the kidnapping of ,mr4 ,burns--had refused to find a bill2 a member of the family which has been so distinguished for kidnapping ever since #ahcb1 the ,brother-in-law of the ,judge1 is made one of that ,grand-,jury2 he is so hostile and malignant as to refuse my friendly salutation when offered as usual2 and on the jury is most active of all in his efforts to procure an indictment1 so that but for his efforts1 as one of the ,grand-,jury informed me1 no bill would have been found that time2 and it was obvious that an outside influence affected him4 ,out of court ,mr4 ,hallett1 it is said1 jocosely offers to bet ten dollars that he will get ,mr4 ,parker indicted4 ,i am to be tried before two judges deeply committed to the ,slave ,power1 now fiercely invading our once free soil2 they owe their appointment to their hostility against ,freedom4 ,twenty years ago1 in the ,old ,cradle of ,liberty1 ,mr4 ,sprague could find for ,washington no epithet so endearing as ,,that ,,slaveholder2 he defended ,slavery with all his legal learning1 all his personal might4 ,yes1 when other weapons failed him he extemporized a new gospel1 and into the mouth of ,jesus of ,nazareth1--who said1 ,thou shalt love thy ,neighbor as thyself1 and pointed out the man who had fallen among thieves as neighbor to the ,samaritan--he put this most unchristian precept1 ,,slaves1 ,,obey ,,your ,,masters6 ,nay1 only four years ago1 in this very ,court1 he charged the jury that if they thought there was a contradiction between the ,law of ,god and the ,statutes of men they must obey both4 ,gentlemen1 the other judge1 ,mr4 ,curtis1 began his career by asking the ,supreme ,court of ,massachusetts to restore ,slavery to ,lexington and ,bunker ,hill2 he demanded that our own ,supreme ,court should grant all that wickedness which ,toombs and ,hangman ,foote1 and ,atchison and ,stringfellow1 and ,grier and ,kane have since sought to perpetuate6 ,he denied the existence of any ,law of ,god to control the ,court1 there is nothing but the ,statutes of men2 and declared ,slavery is not immoral2 ,massachusetts may interfere actively to establish it abroad as well as at home4 ,in ,faneuil ,hall1 in a meeting which he and his kinsmen had gathered and controlled1 a meeting to determine upon kidnapping the citizens of ,boston1 he charged me with perjury1 asked a question1 and did not dare listen to my reply6 ,gentlemen1 it is a very proper ,court to try me4 ,a fugitive slave bill ,court--with a fugitive slave bill ,attorney1 a fugitive slave bill ,grand-,jury1 two fugitive slave bill ,judges--which scoffs at the natural law of the ,infinite ,god1 is a very suitable tribunal to try a ,minister of the ,christian religion for defending his own parishioners from being kidnapped1 defending them with a word in ,faneuil ,hall6 ,no tyranny so secure1--none so intolerable1--none so dangerous1--none so remediless1 as that of ,executive ,courts4 ,this is a truth all nations bear witness to--all history confirms4 ,these were the words of ,josiah ,quincy1 ,jr41 in #aggb4--;,gentlemen1 in #ahee you see how true they are6 ,so sensible are all tyrants of the importance of such courts--that to advance and establish their system of oppression1 they never rest until they have completely corrupted or bought the judges of the land4 ,i could easily show that the most deep laid and daring attacks upon the rights of a people might1 in some measure1 be defeated1 or evaded by upright judicatories2 bad laws with good judges make little progress4#bje ,footnote #bje3 ,quincy's ,quincy1 #fh4 ,but ,gentlemen1--when the fugitive slave bill is law1 when the judges are selected for their love of ,slavery and their hatred of freedom--men who invent ,scripture to justify bondage1 or who as ,lawyers beseech the courts to establish ,slavery in ,massachusetts2 who declare it is not immoral1 that it may be the duty of ,massachusetts to interfere actively and establish slavery abroad1 nay1 that there is no morality but only legality1 the statute the only standard of right and wrong--what are you to expect8 ,what you see in ,philadelphia1 ,new ,york2 aye1 in ,boston at this hour4 ,i will add with ,mr4 ,quincy1 ,is it possible this should not rouse us and drive us not to desperation but to our duty6 ,the blind may see2 the callous must feel2 the spirited will act4#bjf ,footnote #bjf3 ,gazette1 ,feb4 #aj1 #aggb4 ,it would be just as easy for the ,judge to make out divers other crimes from my words1 as to construct a misdemeanor therefrom4 ,to charge me with treason1 he has only to vary a few words and phrases2 to cite ,chase1 and not ,judge ,parker1 and to refer to other passages of ,kelyng's ,reports4 ,james ,,ii4's judges declared it was treason in the seven ,bishops to offer their petition to the ,king4 ,mr4 ,webster said1 it is only the clemency of the ,government which indicted the ,syracuse rescuers for misdemeanors and not for a capital crime6 ,how easy for a fugitive slave bill judge to hang men for a word against his brother kidnapper--if there were no jury2 if1 like the ,new ,york sheriff in #agce1 he could order his own negro to do it6 ,here is a remarkable case of constructive crime1 worthy of this ,honorable ,court4 ,it is the famous case of ,dux v4 ,conrade et ,boracio4 ,honorable ,judge ,dogberry thus delivered his charge to the ,grand ,inquest1 ,masters1 ,i charge you accuse these men1--one policeman testified that ,conrade said that ,don ,john1 the prince's ,brother1 was a villain4 ,judge ,dogberry ruled1 ,this is flat perjury to call a prince's ,brother1 villain4 ,the next member of the ,marshal's guard deposed that ,boracio had said1 ,that he had received a thousand ducats of ,don ,john for accusing the ,lady ,hero wrongfully4 ,chief ,justice ,dogberry decided1 ,flat ,burglary as ever was committed4 ,sentence accordingly4#bjg ,footnote #bjg3 #b ,singer's ,shakspeare1 #aib4 99 99 99 99 99 ,gentlemen1 the indictment is so roomy and vague1 that before ,i came into court1 ,i did not know what special acts of mine would be brought up against me--for to follow out the ,judge's charge1 all my life is a series of constructive misdemeanors4 ,nay1 ,i think my mother--the violet has bloomed over that venerable and well-beloved head for more than thirty summers now--,i think my mother might be indicted for constructive treason1 only for bearing me1 her youngest son4 ,certainly1 it was obstructing an officer1 and in misdemeanors all are principals4 ,i have committed a great many misdemeanors2 all my teachings evince an express liking for ,piety1 for ,justice1 for ,liberty2 all my life is obstructing1 opposing1 and resisting the fugitive slave bill ,court1 its ,commissioners1 its ,judges1 its ,marshals and its ,marshal's guard4 ,gentlemen of the jury1 you are to judge me4 ,look at some of my actions and some of my words4 ,in #ahej1 on the #beth of ,march1 a fortnight after ,mr4 ,webster made his speech against ,humanity1 there was a meeting of the citizens of ,boston1 at ,faneuil ,hall2 ,gentlemen1 ,i helped procure the meeting4 ,first1 ,i tried to induce the leading ,whigs to assemble the people4 ,no1 that could not be done2 the ,bill would not pass1 there was no danger6 ,then ,i tried the leading ,free ,soilers2 ,no1 it was not quite time1 and we are not strong enough4 ,at last the old abolitionists came together4 ,mr4 ,phillips made a magnificent speech4 ,here are some things which ,i also said4 ,there were three fugitives at my house the other night4 ,ellen ,craft was one of them4 ,you all know ,ellen ,craft is a slave2 she1 with her husband1 fled from ,georgia to ,philadelphia1 and is here before us now4 ,she is not so dark as ,mr4 ,webster himself1 if any of you think freedom is to be dealt out in proportion to the whiteness of the skin4 ,if ,mason's bill passes1 ,i might have some miserable postmaster from ,texas or the ,district of ,columbia1 some purchased agent of ,messrs4 ,bruin ,hill1 the great slave-dealers of the ,capital1 have him here in ,boston1 take ,ellen ,craft before the caitiff1 and on his decision hurry her off to bondage as cheerless1 as hopeless1 and as irremediable as the grave6 ,let me interest you in a scene which might happen4 ,suppose a poor fugitive1 wrongfully held as a slave--let it be ,ellen ,craft--has escaped from ,savannah in some northern ship4 ,no one knows of her presence on board2 she has lain with the cargo in the hold of the vessel4 ,harder things have happened4 ,men have journeyed hundreds of miles bent double in a box half the size of a coffin1 journeying towards freedom4 ,suppose the ship comes up to ,long ,wharf1 at the foot of ,state ,street4 ,bulk is broken to remove the cargo2 the woman escapes1 emaciated with hunger1 feeble from long confinement in a ship's hold1 sick with the tossing of the heedless sea1 and still further etiolated and blanched with the mingling emotions of hope and fear4 ,she escapes to land4 ,but her pursuer1 more remorseless than the sea1 has been here beforehand2 laid his case before the official he has brought with him1 or purchased here1 and claims his slave4 ,she runs for her life1 fear adding wings4 ,imagine the scene--the flight1 the hot pursuit through ,state ,street1 ,merchants' ,row--your magistrates in hot pursuit4 ,to make the irony of nature still more complete1 let us suppose this shall take place on some of the memorable days in the history of ,america--on the #aith of ,april1 when our fathers first laid down their lives 'in the sacred cause of ,god and their country2' on the #agth of ,june1 the #bb;d of ,december1 or on any of the sacramental days in the long sad history of our struggle for our own freedom6 ,suppose the weary fugitive takes refuge in ,faneuil ,hall1 and here1 in the old ,cradle of ,liberty1 in the midst of its associations1 under the eye of ,samuel ,adams1 the bloodhounds seize their prey6 ,imagine ,mr4 ,webster and ,mr4 ,winthrop looking on1 cheering the slave-hunter1 intercepting the fugitive fleeing for her life4 ,would not that be a pretty spectacle8 ,propose to support that bill to the fullest extent1 with all its provisions6 ,ridiculous talk6 ,does ,mr4 ,webster suppose that such a law could be executed in ,boston8 that the people of ,massachusetts will ever return a single fugitive slave1 under such an act as that8 ,then he knows his constituents very little1 and proves that he needs ',instruction4' ,perpetuate ,slavery1 we cannot do it4 ,nothing will save it4 ,it is girt about by a ring of fire which daily grows narrower1 and sends terrible sparkles into the very centre of the shameful thing4 ',joint resolutions' cannot save it2 annexations cannot save it--not if we reannex all the ,west ,indies2 delinquent representatives cannot save it2 uninstructed senators1 refusing instructions1 cannot save it1 no1 not with all their logic1 all their eloquence1 which smites as an earthquake smites the sea4 ,no1 slavery cannot be saved2 by no compromise1 no non-intervention1 no ,mason's ,bill in the ,senate4 ,it cannot be saved in this age of the world until you nullify every ordinance of nature1 until you repeal the will of ,god1 and dissolve the union ,he has made between righteousness and the welfare of a people4 ,then1 when you displace ,god from the throne of the world1 and instead of ,his eternal justice1 renact the will of the ,devil1 then you may keep ,slavery2 keep it for ever1 keep it in peace4 ,not till then4 ,the question is1 not if slavery is to cease1 and soon to cease1 but shall it end as it ended in ,massachusetts1 in ,new ,hampshire1 in ,pennsylvania1 in ,new ,york2 or shall it end as in ,st4 ,domingo8 ,follow the counsel of ,mr4 ,webster--it will end in fire and blood4 ,god forgive us for our cowardice1 if we let it come to this1 that three millions or thirty millions of degraded human beings1 degraded by us1 must wade through slaughter to their unalienable rights4#bjh ,footnote #bjh3 #b ,occasional ,speeches1 #afd1 #afe1 and #agb4 ,gentlemen1 that speech was a seditious libel by construction6 ,on the #bith of ,may1 ,i spoke at the ,new ,england ,anti-,slavery ,convention1 and said3-- ,let us not be deceived about the real question at issue4 ,it is not merely whether we shall return fugitive slaves without trial by jury4 ,we will not return them with trial by jury6 neither 'with alacrity1' nor with the 'solemnity of judicial proceedings6' ,it is not merely whether slavery shall be extended or not4 ,by and by there will be a political party with a wider basis than the free soil party1 who will declare that the nation itself must put an end to slavery in the nation2 and if the ,constitution of the ,united ,states will not allow it1 there is another ,constitution that will4 ,then the title1 ,defender and expounder of the ,constitution of the ,united ,states1 will give way to this1--',defender and expounder of the ,constitution of the ,universe1' and we shall reaffirm the ordinance of nature1 and renact the will of ,god4 ,you may not live to see it1 ,mr4 ,president1 nor ,i live to see it2 but it is written on the iron leaf that it must come2 come1 too1 before long4 ,then the speech of ,mr4 ,webster1 and the defence thereof by ,mr4 ,stuart1 the letter of the retainers and the letters of the retained1 will be a curiosity2 the conduct of the whigs and democrats an amazement1 and the peculiar institution a proverb amongst all the nations of the earth4 ,in the turmoil of party politics1 and of personal controversy1 let us not forget continually to move the previous question1 whether ,freedom or ,slavery is to prevail in ,america4 ,there is no attribute of ,god which is not on our side2 because1 in this matter1 we are on the side of ,god4#bji ,footnote #bji3 ,ibid41 #bjg1 #bjh4 ,after the death of ,general ,taylor on the #adth of ,july1 ,i lifted up my voice in a funeral sermon thus3-- ,if he could speak to us from his present position1 methinks he would say3 ,countrymen and friends6 ,you see how little it availed you to agitate the land and put a little man in a great place4 ,it is not the hurrah of parties that will 'save the ,union1' it is not 'great men4' ,it is only ,justice4 ,remember that ,atheism is not the first principle of a ,republic2 remember there is a law of ,god1 the higher law of the universe1 the ,everlasting ,right3 ,i thought so once1 and now ,i know it4 ,remember that you are accountable to ,god for all things2 that you owe justice to all men1 the black not less than the white2 that ,god will demand it of you1 proud1 wicked nation1 careful only of your gold1 forgetful of ,god's high law6 ,before long each of you shall also come up before the ,eternal4 ,then and there it will not avail you to have compromised truth1 justice1 love1 but to have kept them4 ,righteousness only is the salvation of a ,state2 that only of a man4#baj ,footnote #baj3 #b ,occasional ,sermons1 #bci1 #bdj4 ,all that was before the bill passed1 but how easy it would be for ,judge ,jeffreys or ,judge ,curtis1 ,judge ,sprague or ,judge ,scroggs1 to construct it into a misdemeanor1 resisting an officer6 ,after the fugitive slave bill passed1 on the #bb;d of ,september1 #ahej1 not forty-eight hours after the ,judge's friends had fired their jubilant cannon at the prospect of kidnapping the men who wait upon their tables1 ,i preached a ,sermon of the ,function and ,place of ,conscience in relation to the ,laws of ,man1 a sermon for the times4 ,i said this3-- ,if a man falls into the water and is in danger of drowning1 it is the natural duty of the bystanders to aid in pulling him out1 even at the risk of wetting their garments4 ,we should think a man a coward who could swim1 and would not save a drowning girl for fear of spoiling his coat4 ,he would be indictable at common law4 ,if a troop of wolves or tigers were about to seize a man1 and devour him1 and you and ,i could help him1 it would be our duty to do so1 even to peril our own limbs and life for that purpose4 ,if a man undertakes to murder or steal a man1 it is the duty of the bystanders to help their brother1 who is in peril1 against wrong from the two-legged man1 as much as against the four-legged beast4 ,but suppose the invader who seizes the man is an officer of the ,united ,states1 has a commission in his pocket1 a warrant for his deed in his hand1 and seizes as a slave a man who has done nothing to alienate his natural rights--does that give him any more natural right to enslave a man than he had before8 ,can any piece of parchment make right wrong1 and wrong right8 ,the fugitive has been a slave before3 does the wrong you committed yesterday1 give you a natural right to commit wrong afresh and continually8 ,because you enslaved this man's father1 have you a natural right to enslave his child8 ,the same right you would have to murder a man because you butchered his father first4 ,the right to murder is as much transmissible by inheritance as the right to enslave6 ,it is plain to me that it is the natural duty of citizens to rescue every fugitive slave from the hands of the marshal who essays to return him to bondage2 to do it peaceably if they can1 forcibly if they must1 but by all means to do it4 ,will you stand by and see your countrymen1 your fellow-citizens of ,boston1 sent off to slavery by some commissioner8 ,shall ,i see my own parishioners taken from under my eyes and carried back to bondage1 by a man whose constitutional business it is to work wickedness by statute8 ,shall ,i never lift an arm to protect him8 ,when ,i consent to that1 you may call me a hireling shepherd1 an infidel1 a wolf in sheep's clothing1 even a defender of slave-catching if you will2 and ,i will confess ,i was a poor dumb dog1 barking always at the moon1 but silent as the moon when the murderer comes near4 ,i am not a man who loves violence4 ,i respect the sacredness of human life4 ,but this ,i say1 solemnly1 that ,i will do all in my power to rescue any fugitive slave from the hands of any officer who attempts to return him to bondage4 ,i will resist him as gently as ,i know how1 but with such strength as ,i can command2 ,i will ring the bells1 and alarm the town2 ,i will serve as head1 as foot1 or as hand to any body of serious and earnest men1 who will go with me1 with no weapons but their hands1 in this work4 ,i will do it as readily as ,i would lift a man out of the water1 or pluck him from the teeth of a wolf1 or snatch him from the hands of a murderer4 ,what is a fine of a thousand dollars1 and jailing for six months1 to the liberty of a man8 ,my money perish with me1 if it stand between me and the eternal law of ,god4 ,i trust there are manly men enough in this house to secure the freedom of every fugitive slave in ,boston1 without breaking a limb or rending a garment4 ,one thing more ,i think is very plain1 that the fugitive has the same natural right to defend himself against the slave-catcher1 or his constitutional tool1 that he has against a murderer or a wolf4 ,the man who attacks me to reduce me to slavery1 in that moment of attack alienates his right to life1 and if ,i were the fugitive1 and could escape in no other way1 ,i would kill him with as little compunction as ,i would drive a mosquito from my face4 ,it is high time this was said4 ,what grasshoppers we are before the statute of men6 what ,goliaths against the law of ,god6 ,what capitalist heeds your statute of usury when he can get illegal interest8 ,how many banks are content with six per cent4 when money is scarce8 ,did you never hear of a merchant evading the duties of the custom-house8 ,when a man's liberty is concerned1 we must keep the law1 must we8 betray the wanderer1 and expose the outcast8#baa ,footnote #baa3 #b ,occasional ,sermons1 #bef1 #beg1 #beh4 ,gentlemen1 you know what ,mr4 ,commissioner ,hallett said of such language1 said at the ,union ,meeting in ,faneuil ,hall4#bab ,he was only fugitive slave bill commissioner then2 in consequence of his denial of the ,higher ,law of ,god he is now fugitive slave bill ,attorney4 ,you know what ,mr4 ,curtis said of the ,sermon2 now1 in consequence he is ,judge ,curtis--the fugitive slave bill ,judge4 ,footnote #bab3 ,see above1 p4 #adi4 ,on the #adth of ,october there was another meeting at ,faneuil ,hall--the ,freesoilers came that time4 ,the old flame of ,liberty burnt anew in ,charles ,francis ,adams1 who presided4 ,perhaps some of you remember the prayer of the venerable ,dr4 ,lowell which lifted up our souls to the ,father of all men6 ,i proposed the appointment of a ,committee of ,vigilance and ,safety to take such measures as they shall deem just and expedient to protect the colored people of this city in the enjoyment of their lives and liberties4 ,i was appointed one of the ,committee1 and subsequently ,chairman of the ,executive ,committee of the ,vigilance ,committee2 a very responsible office1 ,gentlemen4 ,at that meeting ,i told of a fugitive from ,boston1 who that day had telegraphed to his wife here1 asking if it was safe for him to come back from ,canada4 ,i asked the meeting1 ,will you let him come back2 how many will defend him to the worst8 ,here a hand vote was taken1 said the newspapers1 a forest of hands was held up4 ,surely that was evincing an express liking for an obstruction of the kidnappers4 ,but did it violate the law of #agij8 ,all this you might easily have known before4 ,here is something you did not know4 ,that ,meeting1 its ,resolutions1 its ,speeches1 its ,action1 were brought up in the cabinet of the ,united ,states and discussed4 ,mr4 ,webster1 then ,secretary of ,state1 wished to have ,mr4 ,adams1 president of the meeting1 presented to the grand-jury and indicted for treason6 ,but the majority thought otherwise4 ,gentlemen1 when the kidnappers came to ,boston ,i did some things of which this court has not taken notice1 and so ,i will not speak of them now1 but only tell your grandchildren of1 if ,i live long enough4 ,others did more and better than ,i could do1 however4 ,in due time they will have their reward4 ,one thing let me say now4 ,when the two brothers ,curtis1 with their kinsfolk and coadjutors1 were seeking to kidnap the ,crafts1 ,i took ,ellen to my own house1 and kept her there so long as the 7,southern7 kidnappers remained in the city4 ,for the first time ,i armed myself1 and put my house in a state of defence4 ,for two weeks ,i wrote my sermons with a sword in the open drawer under my inkstand1 and a pistol in the flap of the desk1 loaded1 ready1 with a cap on the nipple4 ,commissioner ,curtis said a process was in the hands of the marshal 444 in the execution of which1 he might be called upon to break open dwelling-houses1 and perhaps to take life1 by quelling resistance actual or threatened4 ,i was ready for him4 ,i knew my rights4 ,i went also and looked after ,william ,craft4 ,i inspected his weapons2 his powder had a good kernel1 and he kept it dry2 his pistols were of excellent proof2 the barrels true1 and clean1 the trigger went easy1 the caps would not hang fire at the snap4 ,i tested his poignard2 the blade had a good temper1 stiff enough and yet springy withal2 the point was sharp4#bac ,after the immediate danger was over and ,knight and ,hughes had avoided the city1 where they had received such welcome from the friends of this ,court1 such was the tone of the political newspapers and the commercial pulpit that ,william and ,ellen must needs flee from ,america4 ,long made one by the wedlock of mutual and plighted faith1 their marriage in ,georgia was yet null and void by the laws of that ,christian ,state4 ,i married them according to the law of ,massachusetts4 ,as a symbol of the husband's peculiar responsibility under such circumstances1 ,i gave ,william a ,sword--it lay on the table in the house of another fugitive1 where the wedding took place--and told him of his manly duty therewith1 if need were1 to defend the life and liberty of ,ellen4 ,i gave them both a ,bible1 which ,i had bought for the purpose1 to be a symbol of their spiritual culture and a help for their soul1 as the sword was for their bodily life4 ,with this sword ,i thee wed1 suited the circumstances of that bridal4 ,footnote #bac3 #a ,parker's ,additional ,speeches1 #ee4 ,mr4 and ,mrs4 ,craft were parishioners of mine1 and besides ,i have been appointed minister at large in behalf of all fugitive slaves in ,boston4 ,i have helped join men and women in wedlock according to the customs of various sects and nations4 ,there is one wedlock1 a sacrament1 but many forms4 ,never before did ,i marry two lovers with the ,sword and the ,bible--the form of matrimony for fugitive slaves3 out of that fact perhaps ,mr4 ,attorney can frame an indictment that will hold water4 ,if it only resists law and obstructs its officers1 quoth he1 it is treason1 and he who risks it must risk hanging for it6 ,at the great ,union meeting1 ,november #bf1 when ,mr4 ,curtis said ,i should like to ask the ,reverend ,gentleman in what capacity he expects to be punished for his perjury1 ,i said1 ,do you want an answer to your question1 ,sir8 ,no doubt that was obstructing a 7prospective7 officer1 then preparing for process4 ,how easily could ,scroggs make a misdemeanor1 or a seditious libel1 out of that question6 ,allybone would call it treason1 levying war4 ,thirty-six hours after the ,union meeting1 on ,thanksgiving day1 #bhth ,november1 #ahej1 in a ,sermon of the ,state of the ,nation1 ,i said3-- ,i have sometimes been amazed at the talk of men who call on us to keep the fugitive slave law1 one of the most odious laws in a world of odious laws--a law not fit to be made or kept4 ,i have been amazed that they should dare to tell us the law of ,god1 writ on the heavens and our hearts1 never demanded we should disobey the laws of men6 ,well1 suppose it were so4 ,then it was old ,daniel's duty at ,darius' command to give up his prayer2 but he prayed three times a day1 with his windows up4 ,then it was ,john's and ,peter's duty to forbear to preach of ,christianity2 but they said1 ',whether it be right in the sight of ,god to hearken unto you more than unto ,god1 judge ye4' ,then it was the duty of ,amram and ,jochebed to take up their new-born ,moses and cast him into the ,nile1 for the law of king ,pharaoh1 commanding it1 was 'constitutional1' and 'political agitation' was discountenanced as much in ,goshen as in ,boston4 ,but ,daniel did not obey2 ,john and ,peter did not fail to preach ,christianity2 and ,amram and ,jochebed refused 'passive obedience' to the king's decree6 ,i think it will take a strong man all this winter to reverse the judgment which the world has passed on these three cases4 ,but it is 'innocent' to try4 ,however1 there is another ancient case1 mentioned in the ,bible1 in which the laws commanded one thing and conscience just the opposite4 ,here the record of the law3--',now both the chief priests and the ,pharisees had given a commandment1 that if any one knew where he ,jesus were1 he should show it1 that they might take him4' ,of course1 it became the official and legal business of each disciple who knew where ,christ was1 to make it known to the authorities4 ,no doubt ,james and ,john could leave all and follow him1 with others of the people who knew not the law of ,moses1 and were accursed2 nay1 the women1 ,martha and ,mary1 could minister unto him of their substance1 could wash his feet with their tears1 and wipe them with the hairs of their head4 ,they did it gladly1 of their own free will1 and took pleasure therein1 ,i make no doubt4 ,there was no merit in that--',any man can perform an agreeable duty4' ,but there was found one disciple who could 'perform a disagreeable duty4' ,he went1 perhaps 'with alacrity1' and betrayed his ,saviour to the marshal of the district of ,jerusalem1 who was called a centurion4 ,had he no affection for ,jesus8 ,no doubt2 but he could conquer his prejudices1 while ,mary and ,john could not4 ,judas ,iscariot has rather a bad name in the ,christian world3 he is called ',the son of perdition1' in the ,new ,testament1 and his conduct is reckoned a 'transgression2' nay1 it is said the devil 'entered into him1' to cause this hideous sin4 ,but all this it seems was a mistake2 certainly1 if we are to believe our 'republican' lawyers and statesmen1 ,iscariot only fulfilled his 'constitutional obligations4' ,it was only 'on that point1' of betraying his ,saviour1 that the constitutional law required him to have any thing to do with ,jesus4 ,he took his 'thirty pieces of silver'--about fifteen dollars2 a ,yankee is to do it for ten1 having fewer prejudices to conquer--it was his legal fee1 for value received4 ,true1 the ,christians thought it was ',the wages of iniquity1' and even the ,pharisees--who commonly made the commandment of ,god of none effect by their traditions--dared not defile the temple with this 'price of blood2' but it was honest money4 ,yes1 it was as honest a fee as any ,american commissioner or deputy will ever get for a similar service4 ,how mistaken we are6 ,judas ,iscariot is not a traitor6 he was a great patriot2 he conquered his 'prejudices1' performed 'a disagreeable duty1' as an office of 'high morals and high principle2' he kept the 'law' and the ',constitution1' and did all he could to 'save the ,union2' nay1 he was a saint1 'not a whit behind the very chiefest apostles4' ',the law of ,god never commands us to disobey the law of man4' ,sancte ,iscariote ora pro nobis4 ,talk of keeping the fugitive slave law6 ,come1 come1 we know better4 ,men in ,new ,england know better than this4 ,we know that we ought not to keep a wicked law1 and that it must not be kept when the law of ,god forbids6 ,one of the most awful spectacles ,i ever saw1 was this3 ,a vast multitude attempting1 at an orator's suggestion ,hon4 ,mr4 ,hallett1 to howl down the ',higher law1' and when he said1 ,will you have this to rule over you8 they answered1 ',never6' and treated the ',higher law' to a laugh and a howl6 ,it was done in ,faneuil ,hall2 under the eyes of the three ,adamses1 ,hancock1 and ,washington2 and the howl rung round the venerable arches of that hall6 ,i could not but ask1 ',why do the heathen rage1 and the people imagine a vain thing8 the rulers of the earth set themselves1 and kings take counsel against the ,lord and say1 ,let us break his bands asunder1 and cast off his yoke from us4' ,then ,i could not but remember that it was written1 ',he that sitteth in the heavens shall laugh2 the ,lord shall have them in derision4' ',he taketh up the isles as a very little thing1 and the inhabitants of the earth are as grasshoppers before ,him4' ,howl down the law of ,god at a magistrate's command6 ,do this in ,boston6 ,let us remember this--but with charity4 ,i do not believe there is more than one of the ,new ,england men who publicly helped the law into being1 but would violate its provisions2 conceal a fugitive2 share his loaf with a runaway2 furnish him golden wings to fly with4 ,nay1 ,i think it would be difficult to find a magistrate in ,new ,england1 willing to take the public odium of doing the official duty4 ,i believe it is not possible to find a regular jury1 who will punish a man for harboring a slave1 for helping his escape1 or fine a marshal or commissioner for being a little slow to catch a slave4 ,men will talk loud in public meetings1 but they have some conscience after all1 at home4 ,and though they howl down the ',higher law' in a crowd1 yet conscience will make cowards of them all1 when they come to lay hands on a ,christian man1 more innocent than they1 and send him into slavery for ever6 ,one of the commissioners of ,boston talked loud and long1 last ,tuesday1 in favor of keeping the law4 ,when he read his litany against the law of ,god1 and asked if men would keep the ',higher law1' and got ',never' as the welcome1 and amen for response--it seemed as if the law might be kept1 at least by that commissioner1 and such as gave the responses to his creed4 ,but slave-hunting ,mr4 ,hughes1 who came here for two of our fellow-worshippers1 in his ,georgia newspaper1 tells a different story4 ,here it is from the ',georgia ,telegraph1' of last ,friday4 ',i called at eleven o'clock at night1 at his the commissioner's residence1 and stated to him my business1 and asked him for a warrant1 saying that if ,i could get a warrant1 ,i could have the negroes ,william and ,ellen ,craft arrested4 ,he said the law did not authorize a warrant to be issued3 that it was my duty to go and arrest the negro without a warrant1 and bring him before him6' ,this is more than ,i expected4 ',is ,saul among the prophets8' ,the men who tell us that the law must be kept1 ,god willing1 or against ,his will--there are ,puritan fathers behind them also2 ,bibles in their houses2 a ,christ crucified1 whom they think of2 and a ,god even in their world1 who slumbers not1 neither is weary1 and is as little a respecter of parchments as of persons6 ,they know there is a people1 as well as politicians1 a posterity not yet assembled1 and they would not like to have certain words writ on their tomb-stone4 ',traitor to the rights of mankind1' is no pleasant epitaph4 ,they1 too1 remember there is a day after to-day2 aye1 a forever2 and ',inasmuch as ye have not done it unto one of the least of these my brethren1 ye have not done it unto me1' is a sentence they would not like to hear at the day of judgment4#bad ,footnote #bad3 #b ,parker's ,occasional ,sermons1 pp4 #bih-cjj1 #cja1 #cjb1 #cjd1 #cje4 ,gentlemen1 you see by the faces of this ,honorable ,court1 and you know by what these honorable functionaries and their coadjutors have done out of its limit1 how much ,i was mistaken in the notion that no ,boston ,commissioner would ever kidnap a man6 ,perhaps you will pardon me for the mistake4 ,i will soon explain it by a quotation4 ,after the rescue of ,shadrach1 in my ,sunday prayer ,i publicly gave ,god the thanks of the congregation for the noble deed4 ,perhaps that was a crime4 ,i think ,judge ,saunders could make it appear that ,i was an accessory after the fact1 and then ,judge ,curtis could call the offence not a felony but a misdemeanor1 and in misdemeanors all are principals4 ,nay1 it might be levying war with force and arms4 ,after the ,hon4 ,judge ,sprague had made himself glorious by charging the jury to obey both the will of ,god and the laws of men1 which forbid that will2 and after ,commissioner ,curtis had kidnapped ,mr4 ,sims1 while he still had him in his unlawful jail1 on ,fast-day1 ,april #aj1 #ahea1 ,i preached a sermon of the ,chief ,sins of the ,people1 and said1-- ,he ,judge ,sprague supposes a case3 that the people ask him1 ',which shall we obey1 the law of man or the will of ,god8' ,he says1 ',i answer1 obey both4 ,the incompatibility which the question assumes does not exist4' ,so1 then1 here is a great general rule1 that between the 'law of man' and the 'will of ,god' there is no incompatibility1 and we must 'obey both4' ,now let us see how this rule will work4 ,if ,i am rightly informed1 ,king ,ahab made a law that all the ,hebrews should serve ,baal1 and it was the will of ,god that they should serve the ,lord4 ,according to this rule of the judge1 they must 'obey both4' ,but if they served ,baal1 they could not serve the ,lord4 ,in such a case1 'what is to be done8' ,we are told that ,elijah gathered the prophets together3 'and he came unto all the people1 and said1 ,how long halt ye8 ,if the ,lord be ,god1 follow him2 but if ,baal1 then follow him4' ,our modern prophet says1 ',obey both4 ,the incompatibility which the question assumes does not exist4' ,such is the difference between ,judge ,elijah and ,judge ,peleg4 ,let us see how this rule will work in other cases2 how you can make a compromise between two opposite doctrines4 ,the king of ,egypt commanded the ,hebrew nurses1 ',when you do the office of a midwife to the ,hebrew women1 if it be a son ye shall kill him4' ,i suppose it is plain to the ,judge of the ,circuit ,court that this kind of murder1 killing the new-born infants1 is against 'the will of ,god2' but it is a matter of record that it was according to 'the law of man4' ,suppose the ,hebrew nurses had come to ask ,judge ,sprague for his advice4 ,he must have said1 ',obey both6' ,his rule is a universal one4 ,another decree was once made1 as it is said in the ,old ,testament1 that no man should ask any petition of any ,god for thirty days1 save of the king1 on penalty of being cast into the den of lions4 ,suppose ,daniel--,i mean the old ,daniel1 the prophet--should have asked him1 ,what is to be done8 ,should he pray to ,darius or pray to ,god8 ',obey both6' would be the answer4 ,but he cannot1 for he is forbid to pray to ,god4 ,we know what ,daniel did do4 ,the elders and scribes of ,jerusalem commanded the ,christians not to speak or to teach at all in the name of ,jesus2 but ,peter and ,john asked those functionaries1 ',whether it be right in the sight of ,god to hearken unto you more than unto ,god1 judge ye4' ,our judge must have said1 ,there is no 'incompatibility2' 'obey both6' ,what 'a comfortable ,scripture' this would have been to poor ,john ,bunyan6 ,what a great ethical doctrine to ,st4 ,paul6 ,he did not know such ,christianity as that4 ,before his time a certain man had said1 ',no man can serve two masters4' ,but there was one person who made the attempt1 and he also is eminent in history4 ,here was 'the will of ,god1' to do to others as you would have others do to you3 ',love thy neighbor as thyself4' ,here is the record of 'the law of man3' ',now both the chief priests and the ,pharisees had given a commandment1 that1 if any man knew where he ,jesus were1 he should show it that they might take him4' ,judas1 it seems1 determined to 'obey both1'--'the law of man' and 'the will of ,god4' ,so he sat with ,jesus at the ,last ,supper1 dipped his hand in the same dish1 and took a morsel from the hand of ,christ1 given him in token of love4 ,all this he did to obey 'the will of ,god4' ,then he went and informed the ,commissioner or ,marshal where ,jesus was4 ,this he did to obey 'the law of man4' ,then he came back1 and found ,christ1--the agony all over1 the bloody sweat wiped off from his brow presently to bleed again1--the ,angel of ,strength there with him to comfort him4 ,he was arousing his sleeping disciples for the last time1 and was telling them1 ',pray1 lest ye enter into temptation4' ,judas came and gave him a kiss4 ,to the eleven it seemed the friendly kiss1 obeying 'the will of ,god4' ,to the ,marshal it also seemed a friendly kiss1--obeying 'the law of man4' ,so1 in the same act1 he obeys 'the law of ,god' and 'the will of man1' and there is no 'incompatibility6' ,of old it was said1 ',thou canst not serve ,god and mammon4' ,he that said it1 has been thought to know something of morals1--something of religion4 ,till the fugitive slave law was passed1 we did not know what a great saint ,iscariot was4 ,i think there ought to be a chapel for him1 and a day set apart in the calendar4 ,let him have his chapel in the navy yard at ,washington4 ,he has got a priest there already4 ,and for a day in the calendar--set apart for all time the seventh of ,march6 ,last ,thanksgiving day1 ,i said it would be difficult to find a magistrate in ,boston to take the odium of sending a fugitive back to slavery4 ,i believed1 after all1 men had some conscience1 although they talked about its being a duty to deliver up a man to bondage4 ,pardon me1 my country1 that ,i rated you too high6 ,pardon me1 town of ,boston1 that ,i thought your citizens all men6 ,pardon me1 lawyers1 that ,i thought you had been all born of mothers6 ,pardon me1 ruffians1 who kill for hire6 ,i thought you had some animal mercy left1 even in your bosom6 ,pardon me1 ,united ,states' commissioners1 marshals1 and the like1 ,i thought you all had some shame6 ,pardon me1 my hearers1 for such mistakes4 ,one commissioner was found to furnish the warrant ,mr4 ,george ,t4 ,curtis6 ,pardon me1 ,i did not know he was a commissioner2 if ,i had1 ,i never would have said it6 ,spirits of tyrants1 ,i look down to you6 ,shade of ,cain1 you great first murderer1 forgive me that ,i forgot your power1 and did not remember that you were parent of so long a line6 ,and you1 my brethren1 if hereafter ,i tell you that there is any limit of meanness or wickedness which a ,yankee will not jump over1 distrust me1 and remind me of this day1 and ,i will take it back6 ,let us look at the public conduct of any commissioner who will send an innocent man from ,boston into slavery4 ,i would speak of all men charitably2 for ,i know how easy it is to err1 yea1 to sin4 ,i can look charitably on thieves1 prowling about in darkness2 on rum-sellers1 whom poverty compels to crime2 on harlots1 who do the deed of shame that holy woman's soul abhors and revolts at2 ,i can pity the pirate1 who scours the seas doing his fiendish crimes--he is tempted1 made desperate by a gradual training in wickedness4 ,the man1 born at the ,south1 owning slaves1 who goes to ,africa and sells adulterated rum in exchange for men to retail at ,cuba1--,i cannot understand the consciousness of such a man2 yet ,i can admit that by birth and by breeding he has become so imbruted he knows no better4 ,nay1 even that he may perhaps justify his conduct to himself4 ,i say ,i think his sin is not so dreadful as that of a commissioner in ,boston who sends a man into slavery4 ,a man commits a murder1 inflamed by jealousy1 goaded by desire of great gain1 excited by fear1 stung by malice1 or poisoned by revenge1 and it is a horrid thing4 ,but to send a man into slavery is worse than to murder him4 ,i should rather be slain than enslaved4 ,to do this1 inflamed by no jealousy1 goaded by no desire of great gain1--only ten dollars6--excited by no fear1 stung by no special malice1 poisoned by no revenge1--,i cannot comprehend that in any man1 not even in a hyena4 ,beasts that raven for blood do not kill for killing's sake1 but to feed their flesh4 ,forgive me1 ,o ye wolves and hyenas6 that ,i bring you into such company4 ,i can only understand it in a devil6 ,when a man bred in ,massachusetts1 whose ,constitution declares that ',all men are born free and equal2' within sight of ,faneuil ,hall1 with all its sacred memories2 within two hours of ,plymouth ,rock2 within a single hour of ,concord and ,lexington2 in sight of ,bunker ,hill1--when he will do such a deed1 it seems to me that there is no life of crime long enough to prepare a man for such a pitch of depravity2 ,i should think he must have been begotten in sin1 and conceived in iniquity1 and been born 'with a dog's head on his shoulders2' that the concentration of the villany of whole generations of scoundrels would hardly be enough to fit a man for a deed like this6 ,last ,thursday night1--when odious beasts of prey1 that dare not face the light of heaven1 prowl through the woods1--those ruffians of the law seized on their brother man4 ,they lie to the bystanders1 and seize him on a false pretence4 ,there is their victim--they hold him fast4 ,his faithless knife breaks in his hand2 his coat is rent to pieces4 ,he is the slave of ,boston4 ,can you understand his feelings8 ,let us pass by that4 ,his 'trial6' ,shall ,i speak of that8 ,he has been five days on trial for more than life1 and has not seen a judge6 ,a jury8 ,no1--only a commissioner6 ,o justice6 ,o republican ,america6 ,is this the liberty of ,massachusetts8 ,where shall ,i find a parallel with men who will do such a deed1--do it in ,boston8 ,i will open the tombs1 and bring up most hideous tyrants from the dead4 ,come1 brood of monsters1 let me bring you up from the deep damnation of the graves wherein your hated memories continue for all time their never-ending rot4 ,come1 birds of evil omen6 come1 ravens1 vultures1 carrion-crows1 and see the spectacle6 come1 see the meeting of congenial souls6 ,i will disturb1 disquiet1 and bring up the greatest monsters of the human race6 ,tremble not1 women2 tremble not1 children2 tremble not1 men6 ,they are all dead6 ,they cannot harm you now6 ,fear the living1 not the dead6 ,come hither1 ,herod the wicked6 ,thou that didst seek after that young child's life1 and destroyed the ,innocents6 ,let me look on thy face6 ,no2 go6 ,thou wert a heathen6 ,go1 lie with the ,innocents thou hast massacred4 ,thou art too good for this company6 ,come1 ,nero6 ,thou awful ,roman ,emperor6 ,come up6 ,no2 thou wast drunk with power6 schooled in ,roman depravity4 ,thou hadst1 besides1 the example of thy fancied gods6 ,go1 wait another day4 ,i will seek a worser man4 ,come hither1 ,st4 ,dominic6 come1 ,torquemada6--,fathers of the ,inquisition6 ,merciless monsters1 seek your equal here6 ,no2 pass by6 ,you are no companions for such men as these6 ,you were the servants of atheistic popes1 of cruel kings4 ,go to1 and get you gone4 ,another time ,i may have work for you1--not now2 lie there and persevere to rot4 ,you are not yet quite wicked and corrupt enough for this comparison4 ,go1 get ye gone1 lest the sun turn back at sight of ye6 ,come up1 thou heap of wickedness1 ,george ,jeffreys6--thy hands deep purple with the blood of thy murdered fellow men6 ,ah1 ,i know thee6 awful and accursed shade6 ,two hundred years after thy death1 men hate thee still1 not without cause6 ,let me look upon thee6 ,i know thy history4 ,pause and be still1 while ,i tell it to these men4 ,brothers1 ,george ,jeffreys 'began in the sedition line4' ',there was no act1 however bad1 that he would not resort to to get on4' ',he was of a bold aspect1 and cared not for the countenance of any man4' ',he became the avowed1 unblushing slave of the court1 and the bitter persecutor and unappeasable enemy of the principles he had before supported4' ',he was universally insolent and overbearing4' ',as a judge1 he did not consider the decencies of his post1 nor did he so much as affect to be impartial1 as became a judge4' ,his face and voice were always unamiable4 ',all tenderness for the feelings of others1 all self-respect were obliterated from his mind4' ,he had 'a delight in misery1 merely as misery1' and 'that temper which tyrants require in their worst instruments4' ',he made haste to sell his forehead of brass and his tongue of venom to the court4' ,he had 'more impudence than ten carted street-walkers2' and was appropriately set to a work 'which could be trusted to no man who reverenced law1 or who was sensible of shame4' ,he was a ',commissioner' in #afhe4 ,you know of the ',bloody assizes' which he held1 and how he sent to execution three hundred and twenty persons in a single circuit4 ',the whole country was strewed with the heads and limbs of his victims4' ,yet a man wrote that ',a little more hemp might have been usefully employed4' ,he was the worst of the ,english judges4 ',there was no measure1 however illegal1 to the execution of which he did not devotedly and recklessly abandon himself4' ',during the ,stuart reigns1 ,england was cursed by a succession of ruffians in ermine1 who1 for the sake of court favor1 wrested the principles of law1 the precepts of religion1 and the duties of humanity2 but they were all greatly outstripped by ,jeffreys4' ,such is his history4 ,come1 shade of a judicial butcher6 ,two hundred years thy name has been pilloried in face of the world1 and thy memory gibbeted before mankind4 ,let us see how thou wilt compare with those who kidnap men in ,boston6 ,go seek companionship with them6 ,go claim thy kindred1 if such they be6 ,go tell them that the memory of the wicked shall rot1--that there is a ,god2 an ,eternity2 ay6 and a ,judgment too6 where the slave may appeal against him that made him a slave1 to ,him that made him a man4 ,what6 ,dost thou shudder8 ,thou turn back6 ,these not thy kindred6 ,why dost thou turn pale1 as when the crowd clutched at thy life in ,london ,street8 ,it is true1 ,george ,jeffreys1 and these are not thy kin4 ,forgive me that ,i should send thee on such an errand1 or bid thee seek companionship with such--with ,boston hunters of the slave6 ,thou wert not base enough6 ,it was a great bribe that tempted thee6 ,again ,i say1 pardon me for sending thee to keep company with such men6 ,thou only struckst at men accused of crime2 not at men accused only of their birth6 ,thou wouldst not send a man into bondage for two pounds6 ,i will not rank thee with men who1 in ,boston1 for ten dollars1 would enslave a negro now6 ,rest still1 ,herod6 ,be quiet1 ,nero6 ,sleep1 ,st4 ,dominic1 and sleep1 ,o ,torquemada6 in your fiery jail6 ,sleep1 ,jeffreys1 underneath 'the altar of the church' which seeks with ,christian charity to hide your hated bones4 ,well1 my brethren1 these are only the beginning of sorrows4 ,there will be other victims yet2 this will not settle the question4 ,what shall we do8 ,i think ,i am a calm man and a cool man1 and ,i have a word or two to say as to what we shall do4 ,never obey the law4 ,keep the law of ,god4 ,next ,i say1 resist not evil with evil2 resist not now with violence4 ,why do ,i say this8 ,will you tell me that ,i am a coward8 ,perhaps ,i am2 at least ,i am not afraid to be called one4 ,why do ,i say1 then1 do not now resist with violence8 ,because it is not time just yet2 it would not succeed4 ,if ,i had the eloquence that ,i sometimes dream of1 which goes into a crowd of men1 and gathers them in its mighty arm1 and sways them as the pendent boughs of yonder elm shall be shaken by the summer breeze next ,june1 ,i would not give that counsel4 ,i would call on men1 and lift up my voice like a trumpet through the whole land1 until ,i had gathered millions out of the ,north and the ,south1 and they should crush slavery for ever1 as the ox crushes the spider underneath his feet4 ,but such eloquence is given to no man4 ,it was not given to the ancient ,greek who 'shook the arsenal and fulmined over ,greece4' ,he that so often held the nobles and the mob of ,rome within his hand1 had it not4 ,he that spoke as never man spake1 and who has since gathered two hundred millions to his name1 had it not4 ,no man has it4 ,the ablest must wait for time6 ,it is idle to resist here and now4 ,it is not the hour4 ,if in #agfe they had attempted to carry out the ,revolution by force1 they would have failed4 ,had it failed1 we had not been here to-day4 ,there would have been no little monument at ,lexington 'sacred to liberty and the rights of mankind' honoring the men who 'fell in the cause of ,god and their country4' ,no little monument at ,concord2 nor that tall pile of eloquent stone at ,bunker ,hill1 to proclaim that ',resistance to tyrants is obedience to ,god4' ,success is due to the discretion1 heroism1 calmness1 and forbearance of our fathers3 let us wait our time4 ,it will come--perhaps will need no sacrifice of blood4#bae ,footnote #bae3 #b ,parker's ,occasional ,sermons1 p4 #ccd-ccg1 #cdc-cdh1 #cea1 #ceb4 ,gentlemen1 ,i think ,judge ,finch could construct a misdemeanor out of these words2 you will find in them nothing but the plain speech of a minister of the ,christian religion4 ,on the #fth of ,july1 #ahea1 ,i preached ,of the three chief ,safeguards of ,society1 and said3-- ,nowhere in the world is there a people so orderly1 so much attached to law1 as the people of these ,northern ,states4 ,but one law is an exception4 ,the people of the ,north hate the fugitive slave law1 as they have never hated any law since the stamp act4 ,i know there are men in the ,northern ,states who like it1--who would have invented slavery1 had it not existed long before4 ,but the mass of the ,northern people hate this law1 because it is hostile to the purpose of all just human law1 hostile to the purpose of society1 hostile to the purpose of individual life2 because it is hostile to the law of ,god1--bids the wrong1 forbids the right4 ,we disobey that1 for the same reason that we keep other laws3 because we reverence the law of ,god4 ,why should we keep that odious law which makes us hated wherever justice is loved8 ,because we must sometimes do a disagreeable deed to accomplish an agreeable purpose8 ,the purpose of that law is to enable three hundred thousand slaveholders to retake on our soil the men they once stole on other soil6 ,most of the city churches of the ,north seem to think that is a good thing4 ,very well2 is it worth while for fifteen million freemen to transgress the plainest of natural laws1 the most obvious instincts of the human heart1 and the plainest duties of ,christianity1 for that purpose8 ,the price to pay is the religious integrity of fifteen million men2 the thing to buy is a privilege for three hundred thousand slaveholders to use the ,north as a hunting field whereon to kidnap men at our cost4 ,judge you of that bargain4 ,i adjure you to reverence a government that is right1 statutes that are right1 officers that are right2 but to disobey every thing that is wrong4 ,i intreat you by your love for your country1 by the memory of your fathers1 by your reverence for ,jesus ,christ1 yea1 by the deep and holy love of ,god which ,jesus taught1 and you now feel4#baf ,footnote #baf3 #b ,parker's ,occasional ,sermons1 p4 #cib-cid4 ,you will say all this is but indispensable duty2 but the judge who hanged a man for treason because he promised to make his son heir to the ,crown--meaning the ,crown ,tavern that he lived in--would doubtless find treason in my words also4 ,on the #abth of ,april1 #aheb1 ,i delivered an address to commemorate the first anniversary of the ,kidnapping of ,thomas ,sims1 and said3-- ,but when the rulers have inverted their function1 and enacted wickedness into a law which treads down the unalienable rights of man to such a degree as this1 then ,i know no ruler but ,god1 no law but natural ,justice4 ,i tear the hateful statute of kidnappers to shivers2 ,i trample it underneath my feet4 ,i do it in the name of all law2 in the name of ,justice and of ,man2 in the name of the dear ,god4 ,you remember the decision of the ,circuit judge1--himself soon to be summoned by death before the ,judge who is no respecter of persons1--not allowing the destined victim his last hope1 'the great writ of right4' ,the decision left him entirely at the mercy of the other kidnappers4 ,the ,court-room was crowded with 'respectable people1' 'gentlemen of property and standing3' they received the decision with 'applause and the clapping of hands4' ,seize a lamb out of a flock1 a wolf from a pack of wolves1 the lambs bleat with sympathy1 the wolves howl with fellowship and fear2 but when a competitor for the ,presidency sends back to eternal bondage a poor1 friendless negro1 asking only his limbs1 wealthy gentlemen of ,boston applaud the outrage4 ',o judgment6 thou art fled to brutish beasts1 ,and men have lost their reason6' ,when the ,fugitive ,slave ,bill passed1 the six ,new ,england ,states lay fast asleep3 ,massachusetts slept soundly1 her head pillowed on her unsold bales of cotton and of woollen goods1 dreaming of 'orders from the ,south4' ,justice came to waken her1 and whisper of the peril of nine thousand citizens2 and she started in her sleep1 and1 being frighted1 swore a prayer or two1 then slept again4 ,but ,boston woke1--sleeping1 in her shop1 with ears open1 and her eye on the market1 her hand on her purse1 dreaming of goods for sale1--,boston woke broadly up1 and fired a hundred guns for joy4 ,o ,boston1 ,boston6 if thou couldst have known1 in that thine hour1 the things which belong unto thy peace6 ,but no3 they were hidden from her eyes4 ,she had prayed to her god1 to ,money2 he granted her the request1 but sent leanness into her soul4 ,yet one charge has been made against the ,government1 which seems to me a little harsh and unjust4 ,it has been said the administration preferred low and contemptible men as their tools2 judges who blink at law1 advocates of infamy1 and men cast off from society for perjury1 for nameless crimes1 and sins not mentionable in ,english speech2 creatures 'not so good as the dogs that licked ,lazarus's sores2 but1 like flies1 still buzzing upon any thing that is raw4' ,there is a semblance of justice in the charge3 witness ,philadelphia1 ,buffalo1 ,boston2 witness ,new ,york4 ,it is true1 for kidnappers the ,government did take men that looked 'like a bull-dog just come to man's estate2' men whose face declared them1 'if not the devil1 at least his twin-brother4' ,there are kennels of the courts wherein there settles down all that the law breeds most foul1 loathsome1 and hideous and abhorrent to the eye of day2 there this contaminating puddle gathers its noisome ooze1 slowly1 stealthily1 continually1 agglomerating its fetid mass by spontaneous cohesion1 and sinking by the irresistible gravity of rottenness into that abhorred deep1 the lowest1 ghastliest pit in all the subterranean vaults of human sin4 ,it is true the ,government has skimmed the top and dredged the bottom of these kennels of the courts1 taking for its purpose the scum and sediment thereof1 the ,squeers1 the ,fagins1 and the ,quilps of the law1 the monsters of the court4 ,blame not the ,government2 it took the best it could get4 ,it was necessity1 not will1 which made the selection4 ,such is the stuff that kidnappers must be made of4 ,if you wish to kill a man1 it is not bread you buy3 it is poison4 ,some of the instruments of ,government were such as one does not often look upon4 ,but1 of old time1 an inquisitor was always 'a horrid-looking fellow1 as beseemed his trade4' ,it is only justice that a kidnapper should bear 'his great commission in his look4' ,i pity the kidnappers1 the poor tools of men almost as base4 ,i would not hurt a hair of their heads2 but ,i would take the thunder of the moral world1 and dash its bolted lightning on this crime of stealing men1 till the name of kidnapping should be like ,sodom and ,gomorrah4 ,it is piracy to steal a man in ,guinea2 what is it to do this in ,boston8 ,i pity the merchants who1 for their trade1 were glad to steal their countrymen2 ,i wish them only good4 ,debate in yonder hall has shown how little of humanity there is in the trade of ,boston4 ,she looks on all the horrors which intemperance has wrought1 and daily deals in every street2 she scrutinizes the jails1--they are filled by rum2 she looks into the alms-houses1 crowded full by rum2 she walks her streets1 and sees the perishing classes fall1 mowed down by rum2 she enters the parlors of wealthy men1 looks into the bridal chamber1 and meets death3 the ghosts of the slain are there1--men slain by rum4 ,she knows it all1 yet says1 ',there is an interest at stake6'--the interest of rum2 let man give way6 ,boston does this to-day4 ,last year she stole a man2 her merchants stole a man6 ,the sacrifice of man to money1 when shall it have an end8 ,i pity those merchants who honor money more than man4 ,their gold is cankered1 and their soul is brass1--is rusted brass4 ,they must come up before the posterity which they affect to scorn4 ,what voice can plead for them before their own children8 ,the eye that mocketh at the justice of its son1 and scorneth to obey the mercy of its daughter1 the ravens of posterity shall pick it out1 and the young eagles eat it up6 ,but there is yet another tribunal3 ',after the death the judgment6' ,when he maketh inquisition for the blood of the innocent1 what shall the stealers of men reply8 ,boston merchants1 where is your brother1 ,thomas ,sims8 ,let ,cain reply to ,christ4#bag ,footnote #bag3 #a ,parker's ,additional ,speeches1 p4 #ej1 #gj1 #hh1 #hi1 #ib1 #ic1 #ajj1 #aja4 ,the ,sunday after ,mr4 ,webster's death1 ,oct4 #ca1 #aheb1 ,i spoke of that powerful man2 listen to this3-- ,mr4 ,webster stamped his foot1 and broke through into the great hollow of practical atheism1 which undergulfs the ,state and ,church4 ,then what a caving in was there6 ,the firm-set base of northern cities quaked and yawned with gaping rents4 ',penn's sandy foundation' shook again1 and black men fled from the city of brotherly love1 as doves1 with plaintive cry1 flee from a farmer's barn when summer lightning stabs the roof4 ,there was a twist in ,faneuil ,hall1 and the doors could not open wide enough for ,liberty to regain her ancient ,cradle2 only soldiers1 greedy to steal a man1 themselves stole out and in4 ,ecclesiastic quicksand ran down the hole amain4 ,metropolitan churches toppled1 and pitched1 and canted1 and cracked1 their bowing walls all out of plumb4 ,colleges1 broken from the chain which held them in the stream of time1 rushed towards the abysmal rent4 ,harvard led the way1 ',christo et ,ecclesi' in her hand4 ,down plunged ,andover1 ',conscience and the ,constitution' clutched in its ancient1 failing arm4 ,new ,haven began to cave in4 ,doctors of ,divinity1 orthodox1 heterodox1 with only a doxy of doubt1 'no settled opinion1' had great alacrity in sinking1 and went down quick1 as live as ever1 into the pit of ,korah1 ,dathan1 and ,abiram1 the bottomless pit of lower law1--one with his mother1 cloaked by a surplice1 hid beneath his sinister arm1 and an acknowledged brother grasped by his remaining limb4 ,fossils of theology1 dead as ,ezekiel's bones1 took to their feet again1 and stood up for most arrant wrong4 ',there is no higher law of ,god1' quoth they1 as they went down2 'no golden rule1 only the statutes of men4' ,a man with mythologic ear might fancy that he heard a snickering laugh run round the world below1 snorting1 whinnying1 and neighing1 as it echoed from the infernal spot pressed by the fallen monsters of ill-fame1 who1 thousands of years ago1 on the same errand1 had plunged down the self-same way4 ,what tidings the echo bore1 ,dante nor ,milton could not tell4 ,let us leave that to darkness1 and to silence1 and to death4 ,but spite of all this1 in every city1 in every town1 in every college1 and in each capsizing church1 there were found ,faithful ,men1 who feared not the monster1 heeded not the stamping2--nay1 some doctors of divinity were found living4 ,in all their houses there was light1 and the destroying angel shook them not4 ,the word of the ,lord came in open vision to their eye2 they had their lamps trimmed and burning1 their loins girt2 they stood road-ready4 ,liberty and ,religion turned in thither1 and the slave found bread and wings4 ',when my father and my mother forsake me1 then the ,lord will hold me up6' ,after the #gth of ,march1 ,mr4 ,webster became the ally of the worst of men1 the forefront of kidnapping4 ,the orator of ,plymouth ,rock was the advocate of slavery2 the hero of ,bunker ,hill put chains round ,boston ,court ,house2 the applauder of ,adams and ,jefferson was a tool of the slaveholder1 and a keeper of slavery's dogs1 the associate of the kidnapper1 and the mocker of men who loved the right4 ,two years he lived with that rabble rout for company1 his name the boast of every vilest thing4 ',oh1 how unlike the place from whence he fell6' ,do men mourn for him8 ,see how they mourn6 ,the streets are hung with black4 ,the newspapers are sad colored4 ,the shops are put in mourning4 ,the ,mayor and ,aldermen wear crape4 ,wherever his death is made known1 the public business stops1 and flags drop half-mast down4 ,the courts adjourn4 ,the courts of ,massachusetts--at ,boston1 at ,dedham1 at ,lowell1 all adjourn2 the courts of ,new ,hampshire1 of ,maine1 of ,new ,york2 even at ,baltimore and ,washington1 the courts adjourn2 for the great lawyer is dead1 and ,justice must wait another day4 ,only the ,united ,states ,court1 in ,boston1 trying a man for helping ,shadrach out of the furnace of the kidnappers1--the court which executes the ,fugitive ,slave ,bill1--that does not adjourn2 that keeps on2 its worm dies not1 and the fire of its persecution is not quenched1 when death puts out the lamp of life6 ,injustice is hungry for its prey1 and must not be balked4 ,it was very proper6 ,symbolical court of the ,fugitive ,slave ,bill--it does not respect life1 why should it death8 and1 scorning liberty1 why should it heed decorum8#bah ,footnote #bah3 #a ,parker's ,additional ,speeches1 #bce-cg1 #bdf-dg4 ,on the #abth of ,february1 #ahed1 ,i preached ,some ,thoughts on the new ,assault upon ,freedom in ,america4 ,who put ,slavery in the ,constitution2 made it ,federal8 who put it in the new ,states8 who got new soil to plant it in8 who carried it across the ,mississippi--into ,louisiana1 ,florida1 ,texas1 ,utah1 ,new ,mexico8 who established it in the ,capital of the ,united ,states8 who adopted ,slavery and volunteered to catch a runaway1 in #agic1 and repeated the act in #ahej1--;in defiance of all law1 all precedent1 all right8 ,why1 it was the ,north4 ',spain armed herself with bloodhounds1' said ,mr4 ,pitt1 'to extirpate the wretched natives of ,america4' ,in #ahej1 the ,christian ,democracy set worse bloodhounds afoot to pursue ,ellen ,craft2 offered them five dollars for the run1 if they did not take her2 ten if they did6 ,the price of blood was ,northern money2 the bloodhounds--they were ,kidnappers born at the ,north1 bred there1 kennelled in her church1 fed on her sacraments1 blessed by her priests6 ,in #aggh1 ,mr4 ,pitt had a yet harsher name for the beasts wherewith despotic ,spain hunted the red man in the woods--he called them ',hell ,hounds4' ,but they only hunted 'savages1 heathens1 men born in barbarous lands4' ,what would he say of the pack which in #ahea hunted ,american ,christians1 in the ',athens of ,america1' and stole a man on the grave of ,hancock and ,adams--all ,boston looking on1 and its priests blessing the deed6 ,see what encourages the ,south to make new encroachments4 ,she has been eminently successful in her former demands1 especially with the last4 ,the authors of the fugitive slave bill did not think that enormity could be got through ,congress3 it was too atrocious in itself1 too insulting to the ,north4 ,but ,northern men sprang forward to defend it--powerful politicians supported it to the fullest extent4 ,the worse it was1 the better they liked it4 ,northern merchants were in favor of it--it 'would conciliate the ,south4' ,northern ministers in all the churches of commerce baptized it1 defended it out of the ,old ,testament1 or the ,new ,testament4 ,the ,senator of ,boston gave it his mighty aid1--he went through the land a huckster of ,slavery1 peddling ,atheism3 the ,representative of ,boston gave it his vote4 ,their constituents sustained both6 ,all the great cities of the ,north executed the bill4 ,the leading ,journals of ,boston advised the merchants to withhold all commercial intercourse from ,towns which opposed ,kidnapping4 ,there was a ',union ,meeting' at ,faneuil ,hall4 ,you remember the men on the platform3 the speeches are not forgotten4 ,the doctrine that there is a ,law of ,god above the passions of the multitude and the ambition of their leaders1 was treated with scorn and hooting3 a loud guffaw of vulgar ribaldry went up against the ,justice of the ,infinite ,god6 ,all the great cities did the same4 ,atheism was inaugurated as the first principle of ,republican government2 in politics1 religion makes men mad6 ,mr4 ,clay declared that 'no ,northern gentleman will ever help return a fugitive ,slave6' ,what took place at ,philadelphia8 ,new ,york8 ,cincinnati8--nay1 at ,boston8 ,the ,northern churches of commerce thought ,slavery was a blessing1 ,kidnapping a 'grace4' ,the ,democrats and ,whigs vie with each other in devotion to the fugitive slave bill4 ,the ',compromises' are the golden rule4 ,the ,north conquered her prejudices4 ,the ,south sees this1 and makes another demand4 ,why not8 ,i am glad of it4 ,she serves us right4 ,in #agge1 what if it had been told the men all red with battle at ,lexington and ,bunker ,hill1--'your sons will gird the ,court ,house with chains to kidnap a man2 ,boston will vote for a ,bill which puts the liberty of any man in the hands of a ,commissioner1 to be paid twice as much for making a ,slave as for declaring a freeman2 and ,boston will call out its soldiers to hunt a man through its streets6' ,what if on the #aith of ,april1 #agge1 when ,samuel ,adams said1 ',oh6 what a glorious morning is this6' as he heard the tidings of war in the little village where he passed the night1--what if it had been told him1--',on the #aith of ,april1 seventy-six years from this day1 will your ,city of ,boston land a poor youth at ,savannah1 having violated her own laws1 and stained her ,magistrates' hands1 in order to put an innocent man in a ,slave-master's jail8' ,what if it had been told him that ,ellen ,craft must fly out of ,democratic ,boston1 to ,monarchic1 ,theocratic1 ,aristocratic ,england1 to find shelter for her limbs1 her connubial innocence1 and the virtue of her woman's heart8 ,i think ,samuel would have cursed the day in which it was said a man-child was born1 and ,america was free6 ,what if it had been told ,mayhew and ,belknap1 that in the pulpits of ,boston1 to defend kidnapping should be counted to a man as righteousness8 ,they could not have believed it4 ,they did not know what baseness could suck the ,northern breast1 and still be base4#bai ,footnote #bai3 #a ,parker's ,additional ,speeches1 p4 #cea1 #ceb1 #ceg-cei1 #cfh1 #cfi4 ,you will think all this is good morality2 but ,mr4 ,curtis in #ahcf1 maintained that kidnapping in ,massachusetts1 would promote harmony and good-will where it is extremely desirable to promote it1 encourage frequent intercourse1 and soften prejudice by increasing acquaintance1 and tend to peace and good-will4 ,nay1 that it may be perfectly consistent with our policy 444 to interfere actively to enable the citizens of those ,states the slave ,states to enjoy those institutions at home4 ,slavery is not immoral2 ,by the law of this ,commonwealth slavery is not immoral4#bbj ,footnote #bbj3 ,med ,case1 p4 #i1 #aa4 ,after ,commissioner ,loring had kidnapped ,anthony ,burns1 ,i attended the meeting at ,faneuil ,hall1 and spoke4 ,gentlemen1 ,i did not finish the speech ,i had begun1 for news came that an attack was made on the ,court ,house1 and the meeting was thrown into confusion4 ,i did not speak in a corner1 but in the old ,cradle of ,liberty4 ,here is the report of the speech which was made by a phonographer1 and published in the newspapers of the time--,i have no other notes of it4 ,you shall see if there be a misdemeanor in it4 ,here is the speech3-- ,,fellow-,,subjects ,,of ,,virginia--,loud cries of ',no1' 'no1' and 'you must take that back6' ,,fellow-,,citizens ,,of ,,boston1 then--',yes1' 'yes1'--,i come to condole with you at this second disgrace which is heaped on the city made illustrious by some of those faces that were once so familiar to our eyes4 ,alluding to the portraits which once hung conspicuously in ,faneuil ,hall1 but which had been removed to obscure and out-of-the-way locations4 ,fellow-citizens--,a deed which ,virginia commands has been done in the city of ,john ,hancock and the 'brace of ,adamses4' ,it was done by a ,boston hand4 ,it was a ,boston man who issued the warrant2 it was a ,boston ,marshal who put it in execution2 they are ,boston men who are seeking to kidnap a citizen of ,massachusetts1 and send him into slavery for ever and ever4 ,it is our fault that it is so4 ,eight years ago1 a merchant of ,boston 'kidnapped a man on the high road between ,faneuil ,hall and ,old ,quincy1' at #ab o'clock1--at the noon of day1--and the next day1 mechanics of this city exhibited the half-eagles they had received for their share of the spoils in enslaving a brother man4 ,you called a meeting in this hall4 ,it was as crowded as it is now4 ,i stood side by side with my friend and former neighbor1 your honorable and noble ,chairman to-night ,george ,r4 ,russell1 of ,west ,roxbury1 ,loud ,cheers1 while this man who had fought for liberty in ,greece1 and been imprisoned for that sacred cause in the dungeons of ,poland1 ,dr4 ,samuel ,g4 ,howe1 stood here and introduced to the audience that 'old man eloquent1' ,john ,quincy ,adams4 ,loud ,cheers4 ,it was the last time he ever stood in ,faneuil ,hall4 ,he came to defend the unalienable rights of a friendless negro slave1 kidnapped in ,boston4 ,there is even no picture of ,john ,quincy ,adams to-night4 ,a ,suffolk ,grand-,jury would find no indictment against the ,boston merchant for kidnapping that man4 ',shame1' 'shame4' ,if ,boston had spoken then1 we should not have been here to-night4 ,we should have had no fugitive slave bill4 ,when that bill passed1 we fired a hundred guns4 ,don't you remember the ,union meeting held in this very hall8 ,a man stood on this platform1--he is a ,judge of the ,supreme ,court now1--and he said--,when a certain ',reverend gentleman' is indicted for perjury1 ,i should like to ask him how he will answer the charge8 ,and when that ',reverend gentleman' rose1 and asked1 ',do you want an answer to your question8' ,faneuil ,hall cried out1--',no1' 'no1'--',throw him over6' ,had ,faneuil ,hall spoken then on the side of ,truth and ,freedom1 we should not now be the subjects of ,virginia4 ,yes1 we are the vassals of ,virginia4 ,she reaches her arm over the graves of our mothers1 and kidnaps men in the city of the ,puritans2 over the graves of ,samuel ,adams and ,john ,hancock4 ,cries of ',shame6' ',shame6' so ,i say2 but who is to blame8 ',there is no north1' said ,mr4 ,webster4 ,there is none4 ,the ,south goes clear up to the ,canada line4 ,no1 gentlemen1 there is no ,boston to-day4 ,there was a ,boston once4 ,now1 there is a ,north suburb to the city of ,alexandria1--that is what ,boston is4 ,laughter4 ,and you and ,i1 fellow-subjects of the ,state of ,virginia--,cries of 'no1' 'no4' ',take that back again4'--,i will take it back when you show me the fact is not so4--,men and brothers1 7brothers1 at any rate17 ,i am not a young man2 ,i have heard hurrahs and cheers for liberty many times2 ,i have not seen a great many deeds done for liberty4 ,i ask you1 are we to have deeds as well as words8 ',yes1' 'yes1' and loud cheers4 ,now1 brethren1 you are brothers at any rate1 whether citizens of ,massachusetts or subjects of ,virginia--,i am a minister--and1 fellow-citizens of ,boston1 there are two great laws in this country2 one of them is the ,,law ,,of ,,slavery2 that law is declared to be a 'finality4' ,once the ,constitution was formed 'to establish justice1 promote tranquillity1 and secure the blessings of liberty to ourselves and our posterity4' ,now1 the ,constitution is not to secure liberty2 it is to extend slavery into ,nebraska4 ,and when slavery is established there1 in order to show what it is1 there comes a sheriff from ,alexandria1 to kidnap a man in the city of ,boston1 and he gets a ,judge of ,probate1 in the county of ,suffolk1 to issue a writ1 and another ,boston man to execute that writ6 ,cries of 'shame1' 'shame4' ,slavery tramples on the ,constitution2 it treads down ,state ,rights4 ,where are the ,rights of ,massachusetts8 ,a fugitive slave bill ,commissioner has got them all in his pocket4 ,where is the trial by jury8 ,watson ,freeman has it under his ,marshal's staff4 ,where is the great writ of personal replevin1 which our fathers wrested1 several hundred years ago1 from the tyrants who once lorded it over ,great ,britain8 ,judge ,sprague trod it under his feet6 ,where is the sacred right of habeas corpus8 ,deputy ,marshal ,riley can crush it in his hands1 and ,boston does not say any thing against it4 ,where are the laws of ,massachusetts forbidding ,state edifices to be used as prisons for the incarceration of fugitives8 ,they1 too1 are trampled underfoot4 ',slavery is a finality4' ,these men come from ,virginia1 to kidnap a man here4 ,once1 this was ,boston2 now1 it is a ,northern suburb of ,alexandria4 ,at first1 when they carried a fugitive slave from ,boston1 they thought it was a difficult thing to do it4 ,they had to get a ,mayor to help them2 they had to put chains round the ,court ,house2 they had to call out the ',sims ,brigade'2 it took nine days to do it4 ,now1 they are so confident that we are subjects of ,virginia1 that they do not even put chains round the ,court ,house2 the police have nothing to do with it4 ,i was told to-day that one of the officers of the city said to twenty-eight police-men1 ',if any man in the employment of the city meddles in this business1 he will be discharged from service1 without a hearing4' ,great applause4 ,well1 gentlemen1 how do you think they received that declaration8 ,they shouted1 and hurrahed1 and gave three cheers4 ,renewed applause4 ,my friend here would not have had the honor of presiding over you to-night1 if application had been made a little sooner to the ,mayor4 ,another gentleman told me that1 when that man 7the ,mayor7 was asked to preside at this meeting1 he said that he regretted that all his time to-night was previously engaged4 ,if he had known it earlier1 he said1 he might have been able to make arrangements to preside4 ,when the man was arrested1 he told the ,marshal he regretted it1 and that his sympathies were wholly with the slave4 ,loud applause4 ,fellow-citizens1 remember that word4 ,hold your ,mayor to it1 and let it be seen that he has got a background and a foreground1 which will authorize him to repeat that word in public1 and act it out in ,faneuil ,hall4 ,i say1 so confident are the slave agents now1 that they can carry off their slave in the daytime1 that they do not put chains round the ,court ,house2 they have got no soldiers billeted in ,faneuil ,hall1 as in #ahea4 ,they think they can carry this man off to-morrow morning in a cab4 ,voices--',they can't do it4' ',let's see them try4' ,i say1 there are two great laws in this country4 ,one is the slave law4 ,that is the law of the ,president of the ,united ,states2 it is the law of the ,commissioner2 it is the law of every ,marshal1 and of every meanest ruffian whom the ,marshal hires to execute his behests4 ,there is another law1 which my friend1 ,mr4 ,phillips1 has described in language such as ,i cannot equal1 and therefore shall not try2 ,i only state it in its plainest terms4 ,it is the ,law of the ,people when they are sure they are right and determined to go ahead4 ,cheers and much confusion4 ,now1 gentlemen1 there was a ,boston once1 and you and ,i had fathers--brave fathers2 and mothers who stirred up those fathers to manly deeds4 ,well1 gentlemen1 once it came to pass that the ,british ,parliament enacted a 'law'--they called it law--issuing stamps here4 ,what did your fathers do on that occasion8 ,they said1 in the language of ,algernon ,sydney1 quoted in your resolutions1 'that which is not just is not law1 and that which is not law ought not to be obeyed4'--,cheers4 ,they did not obey the stamp act4 ,they did not call it law1 and the man that did call it a law1 here1 eighty years ago1 would have had a very warm coat of tar and feathers on him4 ,they called it an 'act1' and they took the ,commissioner who was here to execute it1 took him solemnly1 manfully1--they didn't hurt a hair of his head2 they were non-resistants1 of a very potent sort1 ,cheers1--and made him take a solemn oath that he would not issue a single stamp4 ,he was brother-in-law of the ,governor of the ,state1 the servant of a royal master1 'exceedingly respectable1' of great wealth1 and once very popular2 but they took him1 and made him swear not to execute his commission2 and he kept his oath1 and the stamp act went to its own place1 and you know what that was4 ,cheers4 ,that was an instance of the people going behind a wicked law to enact ,absolute ,justice into their statute1 and making it ,common ,law4 ,you know what they did with the tea4 ,well1 gentlemen1 in the ,south there is a public opinion1 it is a very wicked public opinion1 which is stronger than law4 ,when a colored seaman goes to ,charleston from ,boston1 he is clapped instantly into jail1 and kept there until the vessel is ready to sail1 and the ,boston merchant or master must pay the bill1 and the ,boston black man must feel the smart4 ,that is a wicked example1 set by the ,state of ,south ,carolina4 ,when ,mr4 ,hoar1 one of our most honored and respected fellow-citizens1 was sent to ,charleston to test the legality of this iniquitous law1 the citizens of ,charleston ordered him off the premises1 and he was glad to escape to save himself from further outrage4 ,there was no violence1 no guns fired4 ,that was an instance of the strength of public opinion--of a most unjust and iniquitous public opinion4 99 99 99 99 99 ,well1 gentlemen1 ,i say there is one law--slave law2 it is everywhere4 ,there is another law1 which also is a finality2 and that law1 it is in your hands and your arms1 and you can put it in execution1 just when you see fit4 ,gentlemen1 ,i am a clergyman and a man of peace2 ,i love peace4 ,but there is a means1 and there is an end2 ,liberty is the end1 and sometimes peace is not the means towards it4 ,applause4 ,now1 ,i want to ask you what you are going to do4 ,a voice--'shoot1 shoot4' ,there are ways of managing this matter without shooting anybody4 ,be sure that these men who have kidnapped a man in ,boston1 are cowards1 every mother's son of them2 and if we stand up there resolutely1 and declare that this man shall not go out of the city of ,boston1 without shooting a gun--cries of 'that's it1' and great applause1--then he won't go back4 ,now1 ,i am going to propose that when you adjourn1 it be to meet at ,court ,square1 to-morrow morning at nine o'clock4 ,as many as are in favor of that motion will raise their hands4 ,a large number of hands were raised1 but many voices cried out1 ',let's go to-night1' 'let's pay a visit to the slave-catchers at the ,revere ,house1' etc4 ',put that question4' ,do you propose to go to the ,revere ,house to-night1 then show your hands4 ,some hands were held up4 ,it is not a vote4 ,we shall meet at ,court ,square1 at nine o'clock to-morrow morning4 99 99 99 99 99 ,on the following ,sunday1 ,may #bh1 in place of the usual ,scripture passages1 ,i extemporized the following ,lesson for the ,day1 which on ,monday appeared in the newspapers3-- ,since last we came together1 there has been a man stolen in the city of our fathers4 ,it is not the first2 it may not be the last4 ,he is now in the great slave-pen in the city of ,boston4 ,he is there against the law of the ,commonwealth1 which1 if ,i am rightly informed1 in such cases prohibits the use of ,state edifices as ,united ,states jails4 ,a man has been killed by violence4 ,some say he was killed by his own coadjutors3 ,i can easily believe it2 there is evidence enough that they were greatly frightened4 ,they were not ,united ,states soldiers1 but volunteers from the streets of ,boston1 who1 for their pay1 went into the ,court ,house to assist in kidnapping a brother man4 ,they were so cowardly that they could not use the simple cutlasses they had in their hands1 but smote right and left1 like ignorant and frightened ruffians as they are4 ,they may have slain their brother or not--,i cannot tell4 ,why is ,boston in this confusion to-day8 ,the fugitive slave bill ,commissioner has just now been sowing the wind1 that we may reap the whirlwind4 ,the old fugitive slave bill ,commissioner stands back2 he has gone to look after his 'personal popularity4' ,but when ,commissioner ,curtis does not dare appear in this matter1 another man comes forward1 and for the first time seeks to kidnap his man also in the city of ,boston4 ,but he has sown the wind1 and we are reaping the whirlwind4 ,all this confusion is his work4 ,he knew he was stealing a ,man born with the same unalienable right to 'life1 liberty1 and the pursuit of happiness1' as himself4 ,he knew the slaveholders had no more right to ,anthony ,burns than to his own daughter4 ,he knew the consequences of stealing a man4 ,he knew that there are men in ,boston who have not yet conquered their prejudices--men who respect the ,higher ,law of ,god4 ,he knew there would be a meeting at ,faneuil ,hall1 gatherings in the streets4 ,he knew there would be violence4 ,edward ,greeley ,loring1 ,judge of ,probate for the ,county of ,suffolk1 in the ,state of ,massachusetts1 fugitive slave bill ,commissioner of the ,united ,states1 before these citizens of ,boston1 on ,ascension ,sunday1 assembled to worship ,god1 ,i charge you with the death of that man who was killed on last ,friday night4 ,he was your fellow-servant in kidnapping4 ,he dies at your hand4 ,you fired the shot which makes his wife a widow1 his child an orphan4 ,i charge you with the peril of twelve men1 arrested for murder1 and on trial for their lives4 ,i charge you with filling the ,court ,house with one hundred and eighty-four hired ruffians of the ,united ,states1 and alarming not only this city for her liberties that are in peril1 but stirring up the whole ,commonwealth of ,massachusetts with indignation1 which no man knows how to stop--which no man can stop4 ,you have done it all6#bba ,footnote #bba3 #b ,parker's ,additional1 #gd1 #ge1 #ha1 #hc4 ,june #dth1 ,i preached of the ,new ,crime against ,humanity1 and said3-- ,wednesday1 the #bdth of ,may1 the city was all calm and still4 ,the poor black man was at work with one of his own nation1 earning an honest livelihood4 ,a ,judge of ,probate1 ,boston born and ,boston bred1 a man in easy circumstances1 a ,professor in ,harvard ,college1 was sitting in his office1 and with a single spurt of his pen he dashes off the liberty of a man--a citizen of ,massachusetts4 ,he kidnaps a man endowed by his ,creator with the unalienable right to life1 liberty1 and the pursuit of happiness4 ,he leaves the writ with the ,marshal1 and goes home to his family1 caresses his children1 and enjoys his cigar4 ,the frivolous smoke curls round his frivolous head1 and at length he lays him down to sleep1 and1 ,i suppose1 such dreams as haunt such heads4 ,but when he wakes next morn1 all the winds of indignation1 wrath1 and honest scorn1 are let loose4 ,before night1 they are blowing all over this commonwealth--ay1 before another night they have gone to the ,mississippi1 and wherever the lightning messenger can tell the tale4 ,so have ,i read in an old medival legend that one summer afternoon1 there came up a 'shape1 all hot from ,tartarus1' from hell below1 but garmented and garbed to represent a civil-suited man1 masked with humanity4 ,he walked quiet and decorous through ,milan's stately streets1 and scattered from his hand an invisible dust4 ,it touched the walls2 it lay on the streets2 it ascended to the cross on the minster's utmost top4 ,it went down to the beggar's den4 ,peacefully he walked through the streets1 vanished and went home4 ,but the next morning1 the pestilence was in ,milan1 and ere a week had sped half her population were in their graves2 and half the other half1 crying that hell was clutching at their hearts1 fled from the reeking ,city of the ,plague6 ,i have studied the records of crime--it is a part of my ministry4 ,i do not find that any ,college ,professor has ever been hanged for murder in all the ,anglo-,saxon family of men1 till ,harvard ,college had that solitary shame4 ,is not that enough8 ,now she is the first to have a ,professor that kidnaps men4 ',the ,athens of ,america' furnished both6 ,i can understand how a man commits a crime of passion1 or covetousness1 or rage1 nay1 of revenge1 or of ambition4 ,but for a man in ,boston1 with no passion1 no covetousness1 no rage1 with no ambition nor revenge1 to steal a poor negro1 to send him into bondage1--,i cannot comprehend the fact4 ,i can understand the consciousness of a lion1 not a kidnapper's heart4 ,but there is another court4 ,the ,empsons and the ,dudleys have been summoned there before3 ,jeffreys and ,scroggs1 the ,kanes1 and the ,curtises1 and the ,lorings1 must one day travel the same unwelcome road4 ,imagine the scene after man's mythological way4 ',edward1 where is thy brother1 ,anthony8' ',i know not2 am ,i my brother's keeper1 ,lord8' ',edward1 where is thy brother1 ,anthony8' ',oh1 ,lord1 he was friendless1 and so ,i smote him2 he was poor1 and ,i starved him of more than life4 ,he owned nothing but his ,african body4 ,i took that away from him1 and gave it to another man6' ,then listen to the voice of the ,crucified--',did ,i not tell thee1 when on earth1 ,thou shalt love the ,lord thy ,god with all thy understanding and thy heart8' ',but ,i thought thy kingdom was not of this world4' ',did ,i not tell thee that thou shouldst love thy neighbor as thyself8 ,where is ,anthony1 thy brother8 ,i was a stranger1 and you sought my life2 naked1 and you rent away my skin2 in prison1 and you delivered me to the tormentors--fate far worse than death4 ,inasmuch as you did it to ,anthony ,burns1 you did it unto me4'#bbb ,footnote #bbb3 ,parker's ,additional1 #afg1 #afh1 #afi1 #agj1 #aga1 #agb4 99 99 99 99 99 ,gentlemen1 ,i suppose the honorable ,judge had the last three addresses in his mind while concocting his charge to the ,grand-,jury which refused to find a bill4 ,i infer this partly from what took place in the room of the next ,grand-,jury which found this indictment1 and partly also from another source which you will look at for a moment4 ,i preach on ,sundays in the ,music ,hall1 which is owned by a ,corporation who rent it to the #bhth ,congregational ,society for their religious meetings4 ,mr4 ,charles ,p4 ,curtis1 father-in-law of the ,hon4 ,judge ,curtis1 and step-brother of ,commissioner ,loring1 and a more distant relation but intimate friend of ,george ,t4 ,curtis1 was then president of that ,corporation1 and one of its directors4 ,at a meeting of the corporation1 held presently after the kidnapping of ,mr4 ,burns1 ,mr4 ,charles ,p4 ,curtis and his family endeavored to procure a vote of the ,corporation to instruct the directors to terminate the lease of the #bhth ,congregational ,society as soon as it can be legally done1 and not to renew it4 ,mr4 ,charles ,p4 ,curtis managed this matter clandestinely1 but not with his usual adroitness1 for at the meeting he disclosed the cause of his act1--that ,mr4 ,parker had called his brother a murderer1 probably referring to the passage just read from the ,lesson for the ,day4 ,but he took nothing by that motion4#bbc ,footnote #bbc3 ,see the communications of ,messrs4 ,chas4 ,p4 ,curtis and ,thomas ,b4 ,curtis1 in the ,boston ,daily ,advertiser of ,june1 #ahed2 and the other articles setting forth the facts of the case4 ,what influence this private and familistic disposition had in framing the ,judge's charge1 ,i leave it for you and the ,people of ,america to determine4 ,you also can conjecture whether it had any effect on ,mr4 ,greenough1 the other son-in-law of ,mr4 ,charles ,p4 ,curtis1 who refused to return my salutation1 and who1 by a miracle1 was put on the new ,grand-,jury after the old one was discharged1 and then was so very anxious to procure an indictment against me4 ,i leave all that with you4 ,you can easily appreciate the efforts made to silence not only my ,sunday preaching1 but also the magnificent eloquence of ,wendell ,phillips2 yes1 to choke all generous speech1 in order that kidnappers might pursue their vocation with none to molest or make them afraid4 ,but1 ,gentlemen1 ,i fear you do not yet quite understand the arrogance of our ,southern masters1 and the fear and hatred they bear towards all who dare speak a word in behalf of the ,rights of outraged ,humanity4 ,the gag-law of ,congress which silenced the ,house of ,representatives till ,john ,quincy ,adams1 that noble son of a noble sire1 burst through the ,southern chain2 the violation of the ,united ,states mails to detect incendiary publications2 the torturing of men and women for an opinion against ,slavery--all these are notorious2 but they and all that ,i have yet stated of the action of the ,federal ,courts in the fugitive slave bill cases1 with the opinions of ,northern ,judges already mentioned1 do not fill up the cup of bitterness and poison which is to be poured down our throats4 ,let me1 therefore1 here give you one supplementary piece of evidence to prove how intensely the ,south hates the ,northern ,freedom of ,speech4 ,i purposely select this case from a period when ,southern arrogance and ,northern servility were far less infamous than now4 ,about twenty years ago ,mr4 ,r4,g4 ,williams of ,new ,york published this sentence in a newspaper called the ,emancipator1--,god commands and all nature cries out1 that man should not be held as property4 ,the system of making men property has plunged #b1bej1jjj of our fellow countrymen into the deepest physical and moral degradation1 and they are every moment sinking deeper4 ,for this he was indicted by a ,grand-,jury of the ,state of ,alabama1 and the ,governor of that ,state made a demand on the ,executive of ,new ,york insisting that ,mr4 ,williams should be delivered up to take his trial in ,alabama--a ,state where he had never been6 ,but the ,new ,york ,governor1 after consulting with his law-advisers1 did not come to the conclusion that it was consistent with the public policy of ,new ,york to interfere actively and promote ,slavery in ,alabama4 ,so he refused to deliver up ,mr4 ,williams6#bbd ,footnote #bbd3 ,med ,case1 p4 #be4 ,gentlemen of the ,jury1 before you can convict me of the crime charged1 you must ask three several sets of questions1 and be satisfied of all these things which ,i will now set forth4 ,i4 ,,the ,,question ,,of ,,fact4 ,did ,i do the deed charged1 and obstruct ,marshal ,freeman while in the peace of the ,united ,states1 and discharging his official duty8 ,this is a quite complicated question4 ,here are the several parts of it3-- #a4 ,was there any illegal obstruction or opposition at all made to the ,marshal8 ,this is not clear4 ,true1 an attack was made on the doors and windows of the ,court ,house1 but that is not necessarily an attack on the ,marshal or his premises4 ,he has a right in certain rooms of the ,court ,house1 and this he has in virtue of a lease4 ,he has also a right to use the passage-ways of the house1 in common with other persons and the ,people in general4 ,his rights as ,tenant are subject to the terms of his lease and to the law which determines the relation of ,tenant and ,landlord4 ,marshal ,freeman as tenant has no more rights than ,freeman ,marshal1 or ,john ,doe1 or ,rachel ,roe would have under the same circumstances4 ,of course he had a legal right to defend himself if attacked1 and to close his own doors1 bar and fortify the premises he rented against the illegal violence of others4 ,but neither his lease nor the laws of the land authorized him to close the other doors1 or to obstruct the passages1 no more than to obstruct the ,square or the ,street4 ,no lease1 no law gave him that right4 ,now there have been three secret examinations of witnesses relative to this assault1 before three ,grand-,juries4 ,no evidence has been offered which shows that any attack was made on the premises of the ,marshal4 ,the ,supreme ,court of ,massachusetts was in session at the moment the attack was made on the ,court ,house2 the venerable ,chief ,justice was on the ,bench2 the jury had retired to consider the capital case then pending1 and were expected to return with their verdict4 ,the ,people had a right in the court-room1 a right in the passage-ways and doors which lead thither4 ,that court had not ordered the room to be cleared or the doors to be shut4 ,marshal ,freeman closed the outer doors of the ,court ,house1 and thus debarred men of their right to enter a ,massachusetts ,court of ,justice solemnly deciding a capital case4 ,you are to consider whether an attack on the outer doors of the ,court ,house1 is an illegal attack on the ,marshal who had shut those doors without any legal authority4 ,if you decide this point as the government wishes1 then you will proceed to the next question4 #b4 ,did ,i actually obstruct him8 ,if not1 then the inquiry stops here4 ,you answer not guilty4 ,but if ,i did1 then it is worth while to consider how ,i obstructed him4 7#a47 ,was it by a physical act1 by material force2 or1 7#b47 by a metaphysical act1 immaterial or spiritual force--a word1 thought1 a feeling1 a wish1 approbation1 assent1 consent1 evincing an express liking4 #c4 ,was ,marshal ,freeman1 at the time of the obstruction1 in the peace of the ,united ,states1 or was he himself violating the law thereof8 ,for if he were violating the law and thereby injuring some other man1 and ,i obstructed him in that injury1 then ,i am free from all legal guilt1 and did a citizen's duty in obstructing his illegal conduct4 ,now it appears that he was kidnapping and stealing ,anthony ,burns for the purpose of making him the slave of one ,suttle of ,virginia1 who wished to sell him and acquire money thereby2 and that ,mr4 ,freeman did this at the instigation of ,commissioner ,loring who was entitled to receive ten dollars if he enslaved ,mr4 ,burns1 and five only for setting him free4 ,it appears also that ,marshal ,freeman was to receive large1 official money for this kidnapping1 and such honor as this ,administration1 and the ,hunker newspapers1 and lower law divines can bestow4 ,now you are to consider whether a man so doing was in the peace of the ,united ,states4 ,he professes to have acted under the fugitive slave bill which authorizes him to seize1 kidnap1 steal1 imprison1 and carry off any person whatsoever1 on the oath of any slaveholder who has fortified himself with a piece of paper of a certain form and tenor from any court of slaveholders in the slave ,states4 ,is that bill ,constitutional8 ,the ,constitution of the ,united ,states is the ,people's ,power of ,attorney by which they authorize certain servants1 called ,legislative1 ,judicial1 and ,executive officers1 to do certain matters and things in a certain way1 but prohibit them from doing in the name of the ,people1 any thing except those things specified1 or those in any but the way pointed out4 ,does the fugitive slave bill attempt those things and only those1 in the way provided for in that ,power of ,attorney2 or other things1 or in a different way8 ,to determine this compound question you will look 7#a47 at the ultimate ,purpose of the ,constitution1 the ,end which the ,people wanted to attain2 and 7#b47 at the provisional ,means1 the method by which they proposed to reach it4 ,here of course the ,purpose is more important than the ,means4 ,the ,preamble to this ,power of ,attorney clearly sets forth this ,purpose aimed at3 here it is1 to form a more perfect ,union1 establish ,justice1 insure domestic ,tranquillity1 provide for the ,common ,defence1 promote the ,general ,welfare1 and secure the ,blessings of ,liberty4 ,is the fugitive slave bill a ,measure tending to that ,end8 ,to answer that question you are to consult your own mind and conscience4 ,you are not to take the opinion of the ,court4 ,for 7#a47 it would probably be their purchased official opinion which the government pays for1 and so is of no value whatever2 or 7#b47 if it be their personal opinion1 from what ,mr4 ,sprague and ,mr4 ,curtis have said and done before1 you know that their personal opinion in the matter would be of no value whatsoever4 ,to me it is very plain that kidnapping a man in ,boston and making him a slave1 is not the way to form a more perfect ,union1 establish ,justice1 insure domestic ,tranquillity1 provide for the ,common ,defence1 promote the ,general ,welfare1 or secure the ,blessings of ,liberty4 ,but you are to judge for yourselves4 ,if you think the fugitive slave bill not a ,means towards that ,end1 which this national ,power of ,attorney proposes1 then you will think it is unconstitutional1 that ,mr4 ,freeman was not in the peace of the ,united ,states1 but acting against it2 and then it was the ,right of every citizen to obstruct his illegal wickedness and might be the ,duty of some4 ,but not only does the fugitive slave bill contravene and oppose the ,purpose of the ,constitution1 it also transcends the ,means which that ,power of ,attorney declares the ,people's agents shall make use of1 and whereto it absolutely restricts them4 ,the ,constitution prescribes that the ,judicial power shall be vested in one ,supreme ,court1 and in such inferior courts the ,congress may ordain and establish4 ,the ,judges 444 shall hold their offices during good behavior1 and shall 444 receive a compensation which shall not be diminished during their continuance in office4 ,now the ,commissioner who kidnaps a man and declares him a slave1 exercises judicial power4 ,commissioner ,loring himself confesses it1 in his ,remonstrance against being removed from the office of ,judge of ,probate4 ,you are to consider whether a ,commissioner appointed by the ,judge of the ,court as a ministerial officer to take bail and affidavits1 and paid twice as much for stealing a victim as for setting free a man1 is either such a supreme or such an inferior court as the ,constitution vests the judicial powers in4 ,if not1 then the fugitive slave bill is unconstitutional because it does not use the ,means which the ,people's ,power of ,attorney points out4 ,of course the inquiry stops at this point1 and you return not guilty4 #d4 ,it is claimed that the fugitive slave bill is sustained by this clause in the ,constitution1 ,no person held to service or labor in one ,state1 under the laws thereof1 escaping into another1 shall1 in consequence of any law or regulation therein1 be discharged from such service or labor1 but shall be delivered up on claim of the party to whom such service or labor may be due4#bbe ,but if you try the fugitive slave bill by this rule1 you must settle two questions4 7#a47 ,who is meant by persons held to service or labor8 and 7#b47 by whom shall they be delivered up on claim8 ,let us begin with the first4 ,footnote #bbe3 ,art4 iv4 #b1 #b4 7#a47 ,who are the persons held to service or labor8 ,the preamble to this ,people's ,power of ,attorney1 sets forth the matters and things which the ,people's agents are empowered to achieve4 ,they are to form a more perfect ,union1 establish ,justice1 insure domestic ,tranquillity1 provide for the common ,defence1 promote the ,general ,welfare and secure the ,blessings of ,liberty4 ,now the fugitive-from-labor clause must be interpreted in part by the light of the ,purpose of the ,constitution4 ,so it would appear that this ,power of ,attorney1 requires the delivery of only such as are justly held to service or labor2 and only to those men to whom this service is justly due4 ,surely1 it would be a monstrous act to deliver up to his master a person unjustly held to service or labor1 or one justly held to those to whom his service was not justly due3 it would be as bad to deliver up the wrong fugitive1 as to deliver the right fugitive to the wrong claimant3 it would be also monstrous to suppose that the ,people of the ,united ,states1 with the ,declaration of ,independence in their memory1 should empower their attorneys to deliver up a man unjustly held to service or labor1 and that too by the very instrument which directs them to establish ,justice and secure the ,blessings of ,liberty4 ,whatsoever interpretation was at the time put on the ,constitution1 whatsoever the ,people thereby intended1 two things are plain--namely1 7#a47 that the language implies only such as are justly held to service1 or labor1 and 7#b47 that the ,people had no moral right to deliver up any except such as were justly held1 and had unjustly escaped4 ,if the opposite interpretation be accepted1 and that clause be taken without restrictions1 then see what will follow4 ,south ,carolina has already made a law by which she imprisons all colored citizens of the free ,states who are found on her soil4 ,let us suppose she makes a new law for reducing to perpetual slavery all the white citizens of ,massachusetts whom she finds on her soil2 that a ,boston vessel with #ejj ,boston men and women--sailing for ,california1--is wrecked on her inhospitable coast1 and those persons are all seized and reduced to slavery2 but some ten or twenty of the most resolute escape from the service or labor to which they are held1 and return to their business in ,boston4 ,but their owners come in pursuit2 the kidnapping ,commissioners1 ,curtis and ,loring1 with the help of the rest of the family of men-stealers1 arrest them under the fugitive slave bill4 ,on the mock trial1 it is shown by the kidnapper that they were legally held to service or labor1 and according to the constitution shall be delivered up2 that this enslavement is perfectly legal in ,south ,carolina2 and the constitution says that no law or regulation of ,massachusetts shall set them free4 ,they must go with ,sims and ,burns4 ,gentlemen1 you see where you are going1 if you allow the ,constitution of parchment to override the ,constitution of ,justice4 7#b47 ,by whom shall they be delivered up8 ,either by the ,federal ,government1 or else by the ,government of the ,state into which they have escaped4 ,now the ,federal ,government has no constitutional power1 except what the ,constitution gives it4 ,gentlemen1 there is not a line in that ,power of ,attorney by which the ,people authorize the ,federal ,government to make a man a slave in ,massachusetts or anywhere else4 ,i know the ,government has done it1 as the ,british ,government levied ship-money1 and put men to the rack1 but it is against the ,constitution of the land4 ,gentlemen1 you will settle these constitutional questions according to your conscience1 not mine4 ,but if the fugitive slave bill demands the rendition of men from whom service is not justly due--due by the ,law of ,god1 or if the ,government unconstitutionally aims to do what the ,constitution gave it no right to do--then the ,marshal was not in the peace of the ,united ,states4 ,your inquiry stops at this point4 #e4 ,but1 if satisfied on all which relates to this question of his being in the peace of the ,united ,states1 you are next to inquire if ,mr4 ,freeman1 at the time of the obstruction was ,marshal of the ,united ,states1 and in the due and lawful discharge of his duties as such officer4 ,there is no doubt that he was ,marshal2 but there may be a doubt that he was in the lawful discharge of his duties as such officer4 ,omitting what ,i first said1 7,i4 #a47 see what you must determine in order to make this clear4 7#a47 ,was ,commissioner ,loring1 who issued the warrant to kidnap ,mr4 ,burns1 legally qualified to do that act4 ,gentlemen1 there is no record of his appointment and qualification by the form of an oath4 ,no evidence has been adduced to this point4 ,mr4 ,loring says he was duly appointed and qualified4 ,there is no written line1 no other word of mouth to prove it4 7#b47 ,admitting that ,mr4 ,loring had the legal authority to command ,mr4 ,freeman to steal ,mr4 ,burns1 it appears that stealing was done feloniously4 ,the ,marshal's guard seized him on the charge of ,burglary--a false charge4 ,you are to consider whether ,mr4 ,freeman had legally taken possession of his victim4 7#c47 ,if satisfied thus far1 you are to inquire if he held him legally4 ,it seems he was imprisoned in a public building of ,massachusetts1 which was by him used as a jail for the purpose of keeping a man claimed as a fugitive slave1 contrary to the express words of a regular and constitutional statute of ,massachusetts4 ,if you find that ,mr4 ,freeman was not in the lawful discharge of his duties as ,marshal1 then the inquiry stops here1 and you return a verdict of not guilty4 ,but if you are convinced that an obstruction was made against a ,marshal in the peace of the ,united ,states1 and in the legal discharge of a legal1 constitutional duty1 then you settle the question of ,fact against me1 and proceed to the next point4 ,,ii4 ,the ,question of ,law4 #a4 ,is there a law of the ,united ,states punishing this deed of mine8 ,the answer will depend partly on the kind of opposition or obstruction which ,i made4 ,if you find 7#a47 that ,i obstructed him1 while in the legal discharge of his legal duties1 with physical force1 violence1 then there is a law1 clear and unmistakable1 forbidding and punishing that offence4 ,but if you find 7#b47 that ,i obstructed him with only metaphysical force1--words1 thoughts1 feelings1 wishes1 consent1 assent1 evincing an express liking1 or approbation1 then it may be doubtful to you whether the law of #agij1 or any other law of the ,united ,states forbids that4 #b4 ,but if you find there is such a law1 punishing such metaphysical resistance--and the court by the charge to the ,grand-,jury seems plainly of that opinion1 which is fortified by the authority of ,chief ,justice ,kelyng and ,judge ,chase1 two impeached judges--then you will consider whether that law is constitutional4 ,and here you will look at two things1 7#a47 ,the ,purpose of the ,constitution already set forth2 and 7#b47 at the ,means provided for by that ,power of ,attorney4 ,for if the agents of the ,people--legislative1 judiciary1 or executive--have exceeded their delegated authority1 then their act is invalid and binding on no man4 ,if ,i1 in writing1 authorize my special agent to sell my ,ink-stand for a dollar1 ,i am bound by his act in obedience thereto4 ,but if on that warrant he sells my ,writing-,desk for that sum1 ,i am not bound by his unauthorized act4 ,now ,i think there will be grave doubts1 whether any law1 which with fine and imprisonment punishes such words1 thoughts1 feelings1 consent1 assent1 express liking1 approbation1 is warranted by the ,people's ,power of ,attorney to their agents4 ,the opinion of the ,court on such a matter1 ,gentlemen1 ,i think is worth as much as ,bacon's opinion in favor of the rack2 or ,jones's opinion that ,charles ,i4 had the right to imprison members of ,parliament for words spoken in the ,commons' ,debate2 or the opinion of the ten judges that ,ship-money was lawful2 or of the two chief justices that the ,seven ,bishops' ,petition to ,james ,,ii4 was high treason2 or ,thurlow's opinion that a jury is the natural enemy of the ,king4 ,gentlemen1 ,i think it is worth nothing at all4 ,but if you think otherwise1 you have still to ask3-- #c4 ,is this law just8 ,that is does it coincide with the ,law of ,god1 the ,constitution of the ,universe8 ,there your own conscience must decide4 ,mr4 ,curtis has told you there is no ,morality but ,legality1 no standard of ,right and ,wrong but the ,statute1 your only light comes from this printed page1 ,statutes of the ,united ,states1 and through these sheepskin covers4 ,gentlemen1 if your conscience is also bound in sheepskin you will think as these ,honorable ,judges1 and recognize only ,judge ,curtis's ,standard of ,morality1--no ,higher ,law4 ,but even if you thus dispose of the ,question of ,law1 there will yet remain the last part of your function4 ,,iii4 ,the ,question of the ,application of the ,law to the ,fact4 ,to determine this ,question you are to ask3-- #a4 ,does the law itself1 the act of #agij1 apply to such acts1 that is1 to such words1 thoughts1 wishes1 feelings1 consent1 assent1 approbation1 express liking1 and punish them with fine and imprisonment8 ,if not1 the consideration ends3 but if it does1 you will next ask3-- #b4 ,is it according to the ,constitution of the ,united ,states--its ,purpose1 its ,means--thus to punish such acts8 ,if not satisfied thereof1 you stop there2 but if you accept ,judge ,curtis's opinion then you will next inquire3-- #c4 ,is it expedient in this particular case to apply this law1 under the circumstances1 to this man1 and punish him with fine and imprisonment8 ,if you say yes you will then proceed to the last part of the whole investigation1 and will ask3-- #d4 ,is it just and right2 that is according to the ,natural ,law of ,god1 the ,constitution of the ,universe8 ,here you will consider several things4 7#a47 ,what was the ,marshal legally1 constitutionally1 and justly doing at the time he was obstructed8 ,he was stealing1 kidnapping1 and detaining an innocent man1 ,anthony ,burns1 with the intention of depriving him of what the ,declaration of ,independence calls his natural and unalienable ,right to liberty and the pursuit of happiness4 ,mr4 ,burns had done no wrong or injury to any one--but simply came to ,massachusetts1 to possess and enjoy these natural rights4 ,marshal ,freeman had seized him on the false charge of burglary1 had chained him in a dungeon contrary to ,massachusetts law1--there were irons on his hands4 ,it is said he was a slave3 now a slave is a person whom some one has stolen from himself1 and by force keeps from his natural rights4 ,mr4 ,burns sought to rescue himself from the thieves who held him2 ,marshal ,freeman took the thieves' part4 7#b47 ,was there any effectual mode of securing to ,mr4 ,burns his natural and unalienable ,right except the mode of forcible rescue8 ,gentlemen of the ,jury1 it is very clear there was none at all4 ,the laws of ,massachusetts were of no avail4 ,your own ,supreme ,court1 which in #ahcb1 at the instigation of ,mr4 ,charles ,p4 ,curtis1 sent a little boy not fourteen years old into ,cuban ,slavery to gratify a slave-hunting ,west ,indian1 in #ahea1 had voluntarily put its neck under the ,southern chain4 ,your ,chief ,justice1 who acquired such honorable distinction in #ahcf by setting free the little girl ,med from the hands of the ,curtises1 in #ahea spit in the face of ,massachusetts1 and spurned her laws with his judicial foot4 ,it was plain that ,commissioner ,loring did not design to allow his victim a fair trial--for he had already prejudged the case2 he advised ,mr4 ,phillips to make no defence1 put no 'obstruction' in the way of the man's going back1 as he probably will1 and1 before hearing the defence sought to settle the matter by a sale of ,mr4 ,burns4 ,gentlemen1 the result showed there was no chance of what the ,united ,states law reckons justice being done in the case--for ,commissioner ,loring not only decided the fate of ,mr4 ,burns against law1 and against evidence1 but communicated his decision to the slave-hunters nearly twenty-four hours before he announced it in open court6 ,no1 ,gentlemen1 when a man claimed as a fugitive is brought before either of these two members of this family of kidnappers--who run now in couples1 hunting men and seeking whom they may devour--there is no hope for him3 it is only a mock-trial1 worse than the ,star-chamber inquisition of the ,stuart kings4 ,place no obstructions in the way of the man's going back1 said the mildest of the two1 as he probably will4 ,over that door1 historic and actual1 as over that other1 but fabulous1 gate of ,hell should be written3-- ,through me they go to the city of sorrow2 ,through me they go to endless agony2 ,through me they go among the nations lost3 ,leave every hope1 all ye that enter here6 ,the only hope of freedom for ,mr4 ,burns lay in the limbs of the ,people6 ,anarchy afforded him the only chance of ,justice4 7#c47 ,did they who it is alleged made the attack on the ,marshal1 or they who it is said instigated them to the attack1 do it from any wicked1 unjust1 or selfish motive8 ,nobody pretends it--,gentlemen1 we had much to lose--ease1 honor--for with many persons in ,boston it is a disgrace to favor the unalienable ,rights of man1 as at ,rome to read the ,bible1 or at ,damascus to be a ,christian--ease1 honor1 money1 liberty--if this ,court have its way1--nay1 life itself2 for one of the family which preserves the ,union by kidnapping men1 counts it a capital crime to rescue a victim from their hands1 and ,mr4 ,hallett1 when only a democratic expectant of office1 declared if it only resists law and obstructs its officers 444 it is treason 444 and he who risks it must risk hanging for it4 ,no1 ,gentlemen1 ,i had much to lose by my words4 ,i had nothing to gain4 ,nothing ,i mean but the satisfaction of doing my duty to ,myself1 my ,brother1 and my ,god4 ,and tried by ,judge ,sprague's precept1 ,obey both1 that is nothing2 or by ,judge ,curtis's ,standard of ,morality it is a crime2 and according to his brother it is ,treason2 and according to1 ,i know not how many ministers of commerce1 it is infidelity--treasonable1 damnable doctrine4 ,no1 ,gentlemen1 no selfish motive could move me to such conduct4 ,the voice of ,duty was terribly clear3 ,inasmuch as ye have done it unto the least of these my brethren1 ye have done it unto me4 ,put all these things together1 ,gentlemen4 ,remember there is a duty of the strong to help the weak3 that all men have a common interest in the common duty to keep the ,eternal ,law of ,justice2 remember we are all of us to appear one day before the ,court which is of purer eyes than to love iniquity4 ,ask what says ,conscience--what says ,god4 ,then decide as you must decide4 ,the eyes of the nation are upon you4 ,the ,judges of this ,honorable ,court hold their office in ,petty ,serjeantry on condition of wresting the ,laws and ,constitution to the support of the fugitive slave bill1 and of preventing1 as far as possible1 all noble thought which opposes the establishment of ,despotism1 now so rapidly encroaching upon our once ,free ,soil3 they hold by this ,petty ,serjeantry--a menial service not mentioned in any book even of ,jocular ,tenures4 ,if you could find me guilty--it is not possible1 only conceivable with a contradiction1--you would delight the ,slave ,power--,atchison1 ,cushing1 ,stringfellow1 and their ,northern and ,southern crew--for to them ,i seem identified with ,new ,england ,freedom of ,speech4 ,aha1 they will neigh and snicker out1 ,judge ,curtis has got the ,north under his feet6 ,mr4 ,webster knew what he was about when putting him in place6 ,english is the only tongue in which ,freedom can speak her political or religious word4 ,shall that tongue be silenced2 tied in ,faneuil ,hall2 torn out by a ,slave-hunter8 ,the ,stamp ,act only taxed commercial and legal documents2 the fugitive slave bill makes our words misdemeanors4 ,the ,revenue ,act did but lay a tax on tea1 three-pence only on a pound3 the ,slave-hunters' act taxes our thoughts as a crime4 ,the ,boston ,port ,bill but closed our harbor1 we could get in at ,salem2 but the ,judge's ,charge shuts up the mouth of all ,new ,england1 not a word against man-hunting but is a crime1--the ,new ,testament is full of misdemeanors4 ,andros only took away the ,charter of ,massachusetts2 ,judge ,curtis's law is a quo warranto against ,humanity itself4 ,perfidious ,general ,gage took away the arms of ,boston2 ,judge ,curtis charges upon our ,soul2 he would wring all religion out of you1--no ,standard of ,morality above the fugitive slave bill2 you must not1 even to ,god in your prayers1 evince an express liking for the deliverance of an innocent man whom his family seek to transform to a beast of burthen and then sacrifice to the ,american ,moloch4 ,decide according to your own ,conscience1 ,gentlemen1 not after mine4 99 99 99 99 99 ,gentlemen of the ,jury1 ,i must bring this defence to a close4 ,already it is too long for your patience1 though far too short for the mighty interest at stake1 for it is the ,freedom of a ,nation which you are to decide upon4 ,i have shown you the aim and purposes of the ,slave ,power--to make this vast ,continent one huge ,despotism1 a ,house of ,bondage for ,african ,americans1 a ,house of ,bondage also for ,saxon ,americans4 ,i have pointed out the course of ,despotism in ,monarchic ,england2 you have seen how there the ,tyrants directly made wicked laws1 or when that resource failed1 how they reached indirectly after their ,end1 and appointed officers to pervert the law1 to ruin the people4 ,you remember how the ,king appointed base men as ,attorneys and ,judges1 and how wickedly they used their position and their power1 scorning alike the law of ,god and the welfare of ,man4 ,the ,judges in their itinerant ,circuits1 says an old historian1#bbf the more to enslave the people to obedience1 being to speak of the king1 would give him sacred titles as if their advancement to high places must necessarily be laid upon the foundation of the ,people's debasement4 ,you have not forgotten ,saunders1 ,kelyng1 and ,jeffreys and ,scroggs2 ,sibthorpe and ,mainwaring you will remember for ever1--denouncing eternal damnation on such as refused the illegal tax of ,charles ,i4 or evinced an express disapprobation of his tyranny4 ,footnote #bbf3 ,in #b ,kennett1 #gec4 ,gentlemen1 you recollect how the rights of the jury were broken down1--how jurors were threatened with trial for perjury1 insulted1 fined1 and imprisoned1 because they would be faithful to the ,law and their ,conscience4 ,you remember how the tyrannical king clutched at the ,people's purse and their person too1 and smote at all freedom of speech1 while the purchased ,judges were always ready1 the tools of ,despotism4 ,but you know what it all came to--,justice could not enter upon the law through the doors of ,westminster ,hall2 so she tried it at ,naseby and ,worcester and with her ,invincible ,ironsides took possession by means of pike and gun4 ,charles ,i4 laid his guilty head on the block2 ,james ,,ii4 only escaped the same fate by timely flight4 ,if ,courts will not decree ,justice1 then ,civil ,war will1 for it must be done1 and a battle becomes a ,crowning ,mercy4 ,gentlemen1 ,i have shown you what the ,slave ,power of ,america aims at1--a ,despotism which is worse for this age than the ,stuarts' tyranny for that time4 ,you see its successive steps of encroachment4 ,behold what it has done within ten years4 ,it has made ,slavery perpetual in ,florida2 has annexed ,texas1 a ,slave ,state as big as the kingdom of ,france2 has fought the ,mexican ,war1 with ,northern money1 and spread bondage over ,utah1 ,new ,mexico1 and ,california2 it has given ,texas ten millions of ,northern dollars to help ,slavery withal2 it has passed the fugitive slave bill and kidnapped men in the ,west1 in the ,middle ,states1 and even in our own ,new ,england2 it has given ten millions of dollars for a little strip of worthless land1 the ,mesilla valley1 whereon to make a ,slave ,railroad and carry bondage from the ,atlantic to the ,pacific2 it has repealed the ,prohibition of ,slavery1 and spread the mildew of the ,south all over ,kansas and ,nebraska4 ,ask your capitalists1 who have bought ,missouri lands and railroads1 how their stock looks just now2 not only your ,liberty but even their ,money is in peril4 ,you know the boast of ,mr4 ,toombs4 ,gentlemen1 you know what the ,united ,states ,courts have done--with poisoned weapons they have struck deadly blows at ,freedom4 ,you know ,sharkey and ,grier and ,kane4 ,you recollect the conduct of ,kidnappers' ,courts at ,milwaukie1 ,sandusky1 ,cincinnati1 ,philadelphia--in the ,hall of ,independence4 ,but why need ,i wander so far8 ,alas6 you know too well what has been done in ,boston1 our own ,boston1 the grave of ,puritan piety4 ,you remember the ,union ,meeting1 ,ellen ,craft1 ,sims1 chains around the ,court ,house1 the ,judges crawling under1 soldiers in the street1 drunk1 smiting at the citizens2 you do not forget ,anthony ,burns1 the ,marshal's guard1 the loaded cannon in place of ,justice1 soldiers again in the streets smiting at and wounding the citizens4 ,you recollect all this--the #aith of ,april1 #ahea1 ,boston delivering an innocent man at ,savannah to be a slave for ever1 and that day scourged in his jail while the hirelings who enthralled him were feasted at their ,inn2--,anniversary week last year--a ,boston ,judge of ,probate1 the appointed guardian of orphans1 kidnapping a poor and friendless man6 ,you cannot forget these things1 no1 never6 ,you know who did all this3 a single family--the ,honorable ,judge ,curtis1 with his kinsfolk and friends1 himself most subtly active with all his force throughout this work4 ,when ,mr4 ,webster prostituted himself to the ,slave ,power this family went out and pimped for him in the streets2 they paraded in the newspapers1 at the ,revere ,house1 and in public letters2 they beckoned and made signs at ,faneuil ,hall4 ,that crime of ,sodom brought ,daniel ,webster to his grave at ,marshfield1 a mighty warning not to despise the ,law of the ,infinite ,god2 but that sin of ,gomorrah1 it put the ,hon4 ,benj4 ,r4 ,curtis on this ,bench2 gave him his judicial power to construct his law1 construct his jury1 to indict and try me4 ,try me6 ,no1 ,gentlemen1 it is you1 your wives and your children1 who are up for swift condemnation this day4 ,will you wait1 will you add sin to sin1 till ,god shall rain fire and brimstone on your heads1 and a ,dead ,sea shall cover the place once so green and blossoming with ,american ,liberty8 ,decide your own fate4 ,when the ,judges are false let the ,juries be faithful1 and we have a crowning mercy without cannon1 and the cause of ,justice is secure4 ,for when wicked men seem nearest to their hopes1 the godly man is furthest from his fears4 ,you know my offence1 ,gentlemen4 ,i have confessed more than the government could prove4 ,you are the ,country3 the ,nation by twelve ,delegates is present here to-day4 ,in the name of ,america1 of mankind1 you are to judge of the ,law1 the ,fact1 and the ,application of the ,law to the ,fact4 ,you are to decide whether you will spread ,slavery and the ,consequences of ,slavery all over the ,north2 whether ,boston1 ,new ,england1 all the ,north1 shall kidnap other ,ellen ,crafts1 other ,thomas ,sims1 other ,anthony ,burns1--whether ,sharkey and ,grier1 and ,kane and ,curtis1 shall be ,tyrants over you--forbidding all ,freedom of ,speech3 or whether ,right and ,justice1 the ,christian ,religion1 the natural service of the ,infinite ,god shall bless our wide land with the numberless ,beatitudes of ,humanity4 ,should you command me to be fined and go to jail1 ,i should take it very cheerfully1 counting it more honor to be inside of a jail in the austere silence of my dungeon1 rather than outside of it1 with a faithless ,jury1 guilty of such treason to their ,country and their ,god4 ,but1 forgive me6 you cannot commit such a crime against ,humanity4 ,pardon the monstrous figure of my speech1--it is only conceivable1 not also possible4 ,these ,judges could do it--their speeches1 their actions1 that ,charge1 this ,indictment1 proves all that--but you cannot2--not you4 ,you are the ,representatives of the ,people1 the ,country1 not idiotic in ,conscience and the ,affections4 ,gentlemen1 ,i am a minister of ,religion4 ,it is my function to teach what is absolutely true and absolutely right4 ,i am the servant of no sect1--how old soever1 venerable and widely spread4 ,i claim the same religious ,rights with ,luther and ,calvin1 with ,budha and ,mohammed2 yes1 with ,moses and ,jesus1--the unalienable ,right to serve the ,god of ,nature in my own way4 ,i preach the ,religion which belongs to ,human ,nature1 as ,i understand it1 which the ,infinite ,god imperishably writes thereon1--,natural ,piety1 love of the infinitely perfect ,god1 ,natural ,morality1 the keeping of every law ,he has written on the body and in the soul of man1 especially by loving and serving his creatures4 ,many wrong things ,i doubtless do1 for which ,i must ask the forgiveness of mankind4 ,but do you suppose ,i can keep the fugitive slave bill1 obey these ,judges1 and kidnap my own ,parishioners8 ,it is no part of my ,christianity to send the mother that bore me into eternal bondage4 ,do you think ,i can suffer ,commissioner ,curtis and ,commissioner ,loring to steal my friends1--out of my meeting-house8 ,gentlemen1 when ,god bids me do right and this ,court bids me do wrong1 ,i shall not pretend to obey both4 ,i am willing enough to suffer all that you will ever lay on me4 ,but ,i will not do such a wrong1 nor allow such wickedness to be done--so help me ,god6 ,how could ,i teach ,truth1 ,justice1 ,piety1 if ,i stole men2 if ,i allowed ,saunders1 ,jeffreys1 ,scroggs1 or ,sharkey1 ,grier1 ,kane1 or in one word1 ,curtis1 to steal them8 ,i love my ,country1 my kindred of ,humanity2 ,i love my ,god1 ,father and ,mother of the white man and the black2 and am ,i to suffer the ,liberty of ,america to be trod under the hoof of ,slaveholders1 ,slave-drivers2 yes1 of the judicial slaves of slaveholders' slave-drivers8 ,i was neither born nor bred for that4 ,i drew my first breath in a little town not far off1 a poor little town where the farmers and mechanics first unsheathed that ,revolutionary sword which1 after eight years of hewing1 clove asunder the ,gordian knot that bound ,america to the ,british yoke4 ,one raw morning in spring--it will be eighty years the #aith of this month--,hancock and ,adams1 the ,moses and ,aaron of that ,great ,deliverance1 were both at ,lexington2 they also had obstructed an officer with brave words4 ,british soldiers1 a thousand strong1 came to seize them and carry them over sea for trial1 and so nip the bud of ,freedom auspiciously opening in that early spring4 ,the town militia came together before daylight for training4 ,a great1 tall man1 with a large head and a high1 wide brow1 their ,captain1--one who had seen service1--marshalled them into line1 numbering but seventy1 and bad every man load his piece with powder and ball4 ,i will order the first man shot that runs away1 said he1 when some faltered2 ,don't fire unless fired upon1 but if they want to have a war1--let it begin here4 ,gentlemen1 you know what followed3 those farmers and mechanics fired the shot heard round the world4 ,a little monument covers the bones of such as before had pledged their fortune and their sacred honor to the ,freedom of ,america1 and that day gave it also their lives4 ,i was born in that little town1 and bred up amid the memories of that day4 ,when a boy my mother lifted me up1 one ,sunday1 in her religious1 patriotic arms1 and held me while ,i read the first monumental line ,i ever saw3-- ,,sacred ,,to ,,liberty ,,and ,,the ,,rights ,,of ,,mankind4 ,since then ,i have studied the memorial marbles of ,greece and ,rome in many an ancient town2 nay1 on ,egyptian ,obelisks have read what was written before the ,eternal roused up ,moses to lead ,israel out of ,egypt1 but no chiselled stone has ever stirred me to such emotions as those rustic names of men who fell ,,in ,,the ,,sacred ,,cause ,,of ,,god ,,and ,,their ,,country4 ,gentlemen1 the ,spirit of ,liberty1 the ,love of ,justice1 was early fanned into a flame in my boyish heart4 ,that monument covers the bones of my own kinsfolk2 it was their blood which reddened the long1 green grass at ,lexington4 ,it is my own name which stands chiselled on that stone2 the tall ,captain who marshalled his fellow farmers and mechanics into stern array and spoke such brave and dangerous words as opened the ,war of ,american ,independence1--the last to leave the field1--was my father's father4 ,i learned to read out of his ,bible1 and with a musket he that day captured from the foe1 ,i learned also another religious lesson1 that ,,rebellion ,,to ,,tyrants ,,is ,,obedience ,,to ,,god4 ,i keep them both1 ,sacred to ,liberty and the ,rights of ,mankind1 to use them both ,in the ,sacred ,cause of ,god and my ,country4 ,gentlemen of the ,jury1 and you my fellow-countrymen of the ,north1 ,i leave the matter with you4 ,say ,guilty6 ,you cannot do it4 ,not ,guilty4 ,i know you will1 for you remember there is another ,court1 not of fugitive slave bill law1 where we shall all be tried by the ,justice of the ,infinite ,god4 ,hearken to the last verdict1 ,,inasmuch ,,as ,,ye ,,have ,,done ,,it ,,unto ,,one ,,of ,,the ,,least ,,of ,,these ,,my ,,brethren1 ,,ye ,,have ,,done ,,it ,,unto ,,me4 ,,end4 ,,errata4 ,page #ai1 line #af from top1 instead of rest1 read government4 #bc #aj #afah1 read #abae4 #gf #b ,aoncilia1 read ,ancilia4 #gh #c bottom1 not1 read or4 #hd #aa promoting1 read perverting4 #hi #ah omit his1 before vengeance4 ,,other ,,works ,,by ,,the ,,same ,,author4 ,a ,,discourse ,,of ,,matters ,,pertaining ,,to ,,religion4 #a ,vol4 #abmo4 ,new ,edition will appear in ,december4 #a4be ,,an ,,introduction ,,to ,,the ,,old ,,testament4 ,from the ,german of ,de ,wette4 #b;d edition4 #b ,vols4 #hvo4 #c4ge ,,critical ,,and ,,miscellaneous ,,writings4 #a ,vol4 #abmo4 ,new ,edition will soon appear4 #a4be ,,occasional ,,sermons ,,and ,,speeches4 #b ,vols4 #abmo4 #b4ej ,,ten ,,sermons ,,of ,,religion4 #a ,vol4 #abmo4 #a4jj ,,sermons ,,of ,,theism1 ,,atheism1 ,,and ,,the ,,popular ,,theology4 #a ,vol4 #abmo4 #a4be ,,additional ,,sermons ,,and ,,speeches4 #b ,vols4 #abmo4 #b4ej ,,pamphlets4 ,,two ,,sermons ,,on ,,leaving ,,the ,,old ,,and ,,entering ,,the ,,new ,,place ,,of ,,worship4 7#aheb47 #bj ,,discourse ,,of ,,daniel ,,webster4 7#ahec47 ,cloth4 #ej ,a ,,sermon ,,of ,,old ,,age4 7#ahed47 #ae ,,the ,,new ,,crime ,,against ,,humanity4 7#ahed47 #bj ,,the ,,laws ,,of ,,god ,,and ,,the ,,statutes ,,of ,,man4 7#ahed47 #ae ,,the ,,dangers ,,which ,,threaten ,,the ,,rights ,,of ,,man ,,in ,,america4 7#ahed47 #bj ,,the ,,moral ,,dangers ,,incident ,,to ,,prosperity4 7#ahee47 #ae ,,consequences ,,of ,,an ,,immoral ,,principle4 7#ahee47 #ae ,,function ,,of ,a ,,minister4 7#ahee47 #bj ,,two ,,sermons ,,in ,,proceedings ,,of ,,progressive ,,friends4 7#ahee47 #ae