Thus aided, for many years the South has always elected her candidate

for the Presidency by the vote of the people. But the American

Executive is twofold,--part Presidential, part Senatorial. Sometimes

these two Executives are concordant, sometimes discordant. The

Senatorial Executive has always carried the day against the less

permanent Presidential power, except in the solitary case where

General Jackson's unconquerable will and matchless popularity enabled

him to master the senate itself, who "registered" his decrees, or

"expunged" their own censure, just as the iron ruler gave orders.

Now by means of the control which the Northern Cities have over the

Northern States, and such Commercial Men over those cities, it has

come to pass that not only the Presidential, but also the Senatorial

Executive, has long been hostile to the Idea of Freedom.

Gentlemen of the Jury, the direct consequence is obvious,--the Party

of Slavery has long been the conqueror in the field of Federal

politics. In the numerous and great conflicts between the two, Freedom

has prevailed against Slavery only twice since the close of the

Revolutionary War,--in prohibiting involuntary servitude in the

North-west Territory in 1787, and in the abolition of the African

Slave-trade in 1808. Her last triumph was forty-seven years ago,--nay,

even that victory was really achieved twenty years before at the

adoption of the constitution. In this warfare we have not gained a

battle for freedom since 1788!

For a time it seemed doubtful which would triumph, though Slavery

gained Kentucky and Tennessee, and Louisiana was purchased as slave

soil in 1803. But in 1820 slavery became the obvious and acknowledged

master in the Federal Territory, marched victorious over the

Mississippi, planted itself in Missouri, and has subsequently taken

possession of Mississippi, Alabama and Arkansas, all slave States; has

purchased Florida; "reannexed" Texas; conquered Utah, New Mexico and

California, all slave soil; and from Freedom and the North has just

now reconquered Kansas and Nebraska. Ever since the Missouri

Compromise in 1820 Slavery has been really the master, obviously so

since the annexation of Texas in 1845. The slave-power appoints all

the great national officers, executive, diplomatic, judicial, naval

and military,--it controls the legislative departments. Look at this

Honorable Court, Gentlemen, and recognize its power!

The idea of Slavery must be carried out to its logical consequence, so

our masters now meditate two series of Measures, both necessary to the

development of Slavery as a Principle.

(I.) African Slavery is to be declared a Federal Institution, national

and sectional, and so extended into all the Territories of the United

States. New soil is to be bought or plundered from Hayti, Spain,

Mexico, South America "and the rest of mankind," that slavery may be

planted there; that is the purpose of all the Official Fillibustering

of the Government, and the Extra-official Fillibustering which it

starts, or allows; Quitman "Enterprises," Kinney "Expeditions," Black

Warrior and El Dorado "difficulties," all point to this; the "Ostend

Conference" is a step in that direction; Slavery is to be restored to

the so called "Free States," reestablished in all the North. That is

the design of the fugitive slave bill in 1850, and the kidnapping of

northern men consequent thereon for the last five years; of President

Pierce's inaugural declarations in behalf of slavery in 1853; of Mr.

Toombs's threat in 1854, that "soon the master with his slaves will

sit down at the foot of Bunker Hill Monument;" of Mr. Toucey's Bill in

1855, providing that when a kidnapper violates the local laws of any

State, he shall be tried by the fugitive slave bill court. Then the

African Slave-trade is to be restored by federal enactments, or

judicial decisions of the "Supreme Court of the United States." All

these steps belong to Measure number One. The Supreme Court is ready

to execute the commands of its lord. Soon you will see more

"decisions" adverse to humanity.

(II.) The next movement is progressively to weaken and ultimately to

destroy the Democratic Institutions of the North,--yes, also of the

South. This design is indicated and sustained by some of the measures

already mentioned as connected with the first purpose.

To this point tend the words of President Pierce addressed to the

soldiers of 1812 on the 8th of January 1855, in which he speaks of

such as "disseminate political heresies," that is, the Idea of

Freedom; "revile the government,"--expose its hostility against the

unalienable Rights of man; "deride our institutions,"--to wit, the

patriarchal institution of Slavery; "sow political dissensions,"--advise

men not to vote for corrupt tools of the government; "set at defiance

the laws of the land,"--meaning the fugitive slave bill which commands

kidnapping.

There belong the attempts of the Federal courts to enlarge their

jurisdiction at the expense of State Rights; the cry, "Union first and

Liberty afterwards;" the shout "No higher law," "Religion nothing to

do with Politics."

Thence come the attacks made on the freedom of the pulpit, of the

press, and all freedom of speech. The Individual State which preserves

freedom must be put down,--the individual person who protests against

it must be silenced. No man must hold a federal office,--executive,

diplomatic, judicial, or "ministerial,"--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 alacrity. All these steps belong

to Measure number Two.

This latter Measure advances to its execution, realizing the Idea of

Slavery, with subtle steps, yet creeps on rapid-moving feet. See how

it has gained ground latterly. Obviously the fugitive slave bill

struck only at the natural Rights of Colored men--as valuable as those

of white men, but the colored are few and the white many,--the

experiment must be made on the feebler body. But this despotism cannot

enslave a black girl without thereby putting in peril the liberty of

every white man. At first our masters only asked of Boston a little

piece of chain, but just long enough to shackle the virtuous hands of

Ellen Craft, a wife and mother, whom her Georgian "owner" wished to

sell as a harlot at New Orleans! A meeting was summoned at Faneuil

Hall, and Boston answered, "Yes, here is the chain. Let the

woman-hunter capture Ellen Craft, make her a Prostitute at New

Orleans. She is a virtuous wife and mother,--but no matter. Slavery is

king and commands it. Let the 'owner' have his chain."

There is no escaping the consequence of a first Principle. Soon that

little chain lengthened itself out, and coiled itself all round the

court house, and how greedily your judges stooped to go under! This

Anaconda of the Dismal Swamp wound its constricting twists about the

neck of all your courts, and the Judges turned black in the face, and

when questioned of law, they could not pronounce "Habeas Corpus,"

"Trial by Jury," nor utter a syllable for the Bible or the

Massachusetts Constitution, but only wheeze and gurgle and squeak and

gibber out their defences of Slavery! No, Boston could not bewray a

woman wandering towards freedom, without chaining the court house and

its judges, putting the town in a state of siege,--insolent soldiers

striking at the people's neck. Now the attempt is making by this

Honorable Court to put the same chain round Faneuil Hall, so that the

old Cradle of Liberty shall no more rock to manhood the noble sons of

freedom, but only serve as a nest that the spawn of Bondage may

hibernate therein.

I am on trial because I hate Slavery, because I love freedom for the

black man, for the white man, and for all the human Race. 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

Freedom, because my Word, my Thoughts, my Feelings, my Actions, nay,

all my Life, my very Existence itself, are a protest against Slavery.

Despotism cannot happily advance unless I am silenced. It is very

clear logic which indicts me. Private personal malice, deep, long

cherished, rancorous, has doubtless jagged and notched and poisoned

too the public sword which smites at my neck. Still it is the public

sword of Slavery which is wielded against me. Against ME? Against YOU

quite as much--against your children. For as Boston could not venture

to kidnap a negro woman, without bringing down that avalanche of

consequences connected with the Principle of Slavery,--without chains

on her Judges, falsehood in her officers, blood in her courts, and

drunken soldiers in her streets, and hypocrisy in her man-hunting

ministers,--no more can she put me to silence alone. The thread which

is to sew my lips together, will make your mouths but a silent and

ugly seam in your faces. Slavery is Plaintiff in this case; Freedom

Defendant. Before you as Judges, I plead your own cause--for you as

defendant. I will not insult you by the belief or the fear that you

can do other than right, in a matter where the law is so plain, and

the Justice clear as noonday light. But should you decide as the

wicked wish, as the court longs to instruct you, you doom your mouths

to silence; you bow your manly faces to the ground, destine your

memories to shame, and your children to bondage worse than negro

slavery.

* * * * *

Such, Gentlemen of the Jury, is the state of affairs leading to this

Prosecution--such the past, present, and prospective Encroachments of

a Power hostile to Democratic Institutions and the unalienable Rights

they were designed to protect. Such also are the two Measures now in

contemplation,--the Extension of African Bondage, and the Destruction

of American Freedom.

II. LOOK NEXT AT THE MODE OF OPERATION HITHERTO PURSUED BY THIS

ENCROACHING POWER, IN OTHER TIMES AND NATIONS, AND IN OUR OWN,

SYSTEMATIC CORRUPTION OF THE JUDICIARY.

Here I shall show the process by which that Principle of Slavery

becomes a Measure of political ruin to the People.

In substance Despotism is always the same, Spanish or Carolinian, but

the form varies to suit the ethnologic nature and historical customs

of different people. I shall mention two forms--one to illustrate, the

other to warn.

(I.) The open Assumption of Power by military violence. This method is

followed in countries where love of Individual Liberty is not much

developed in the consciousness of the people, and where democratic

institutions are not fixed facts in their history; where the nation is

not accustomed to local self-government, but wonted to a strong

central power directed by a single will. This form prevails in Russia,

Turkey, and among all the Romanic tribes in Europe, and their

descendants in America. Military usurpation, military rule is

indigenous in France,--where two Napoleons succeed thereby,--in Italy,

in Spain, and most eminently in Spanish America. But no people of the

Teutonic family for any length of time ever tolerated a usurping

soldier at the head of affairs, or submitted to martial arbitrary

rule, or military violence in the chief magistrate. It is against our

habit and disposition.

Neither Cromwell nor William of Orange could do with the Anglo-Saxon

what it would have been impossible not to do with Spaniards or

Italians. Even warlike Swiss--Teutonic tribes--will have a government

with due process of law, not by the abrupt violence of the soldier.

Washington could not have established a military monarchy in America

had he been so wickedly disposed. Even William the Conqueror must rule

the Saxons by Saxon law.

(II.) The corruption of the acknowledged safeguards of public

security. This is attempted in nations who have a well-known love of

individual liberty, and institutional defences thereof, the habit of

Local Self-government by Democratic Law-making and Law-administering.

For example, this experiment has been repeatedly made in England. The

monarch seeking to destroy the liberty of the people, accomplishes

his violent measure by the forms of peaceful law, by getting the

judicial class of men on the side of despotism. Then all the

wickedness can be done in the name, with the forms, and by "due

process" of law, by regular officers thereof--done solemnly with the

assistance of slow and public deliberation.

Gentlemen of the Jury, this is a matter of such importance to the

People of America just now, that I must beg you to bear with me while

I explain this subtle operation. I will select examples from the

history of England which are easy to understand, because her blood is

kindred to our own, and the institutions of the two countries are

related as parent and child. And besides, her past history affords

alike warning and guidance in our present peril.

* * * * *

(I.) The first step in this process of political iniquity is, to

appoint men for judges and other officers of the court, who know no

law higher than the selfish will of the hand that feeds them, mere

creatures of the rest [Transcriber's Note: for 'rest' read

'government'; see Errata].

I will select instances of this from the reign of the Stuart kings and

one of their successors, from a period full of melancholy warning to

America.

I will begin with James I. (1603-1625), the first King of New England.

At his very accession he had high notions of his royal Prerogative,

and maintained that all the privileges of the House of Commons were

derived from his royal grant. "I am your King," said he, "I am placed

to govern you, and I shall [must] answer for your errors." It was

quite enough to answer for his own,--poor man. "Let me make the

Judges," said he, "and I care not who makes the laws."

Accordingly for judicial officers he appointed such men as would

execute his unlawful schemes for the destruction of public liberty. To

such considerations was Francis Bacon mainly indebted for his

elevation from one legal rank to another, until he reached the seat of

the Lord Chancellor. A man whom Villers declared, "of excellent parts,

but withal of a base and ungrateful temper, and an arrant knave, yet a

fit instrument for the purposes of the government." He did not receive

his appointment for that vast, hard-working genius which makes his

name the ornament of many an age, but only for his sycophantic

devotion to the royal will. Sir Edward Coke was promoted rapidly

enough, whilst wholly subservient to the despotic court, but

afterwards, though a miracle of legal knowledge, not equalled yet

perhaps, he must not be appointed Lord Chancellor on account of "his

occasional fits of independence." Chief Justice Ley was one of the

right stamp, but it was thought "his subserviency might prove more

valuable by retaining him to preside over the Court of King's Bench."

"For in making the highest judicial appointments the only question

was, what would suit the arbitrary schemes of governing the

country."[5] Hobart had resisted some illegal monopolies of the

all-powerful Buckingham, and he was "unfit for promotion."

[Footnote 5: 2 Campbell, 372, 374.]

James thought the Prerogative would be strengthened by the appointment

of clergymen of the national church, perhaps the only class of men not

then getting fired with love of liberty,--and made Williams, Bishop of

Lincoln, Lord Keeper, a "man of rash and insolent, though servile

temper, and of selfish, temporizing, and trimming political conduct,"

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 poor," and was "as ignorant of the questions coming before

him as the door-keepers of his court." But he was subservient, 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 obey."[6] Men like

Fleming and other creatures of the throne, sanctioning the King's

abundant claim to absolute power, were sure of judicial distinction;

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 laws, and at all hazards maintain their judicial independence.

Ecclesiastics who taught that the King "is above the laws by his

absolute power," and "may quash any law passed by Parliament," were

sure of rapid preferment. Thus Bancroft was promoted; thus Abbot was

pushed aside; and for his mean, tyrannical and subservient disposition

Rev. William Laud was continually promoted in expectation of the

services which, as Archbishop, he subsequently performed in the

overthrow of the Liberty of the People. But time would fail me to read

over the long dark list of men whose personal shame secured them

"official glory."

[Footnote 6: 2 Campbell, 368, 374; 3 Howell State Trials, 824.]

In his address to the Judges in the Star-Chamber in 1616 James gave

them this charge, "If there falls out a question which concerns any

Prerogative or mysterie of State, _deale not with it till you consult

with the King_ or his Council, or both; for they are Transcendent

Matters, and must not be slibberly carried with over rash

wilfullnesse." "And this I commend unto your special care, as some of

you of late have done very much, to _blunt the edge and vaine popular

humor of some lawyers at the Barre_, that think they are not eloquent

and bold-spirited enough, except they _meddle with the King's

Prerogative_." "_That which concerns the mysterie of the King's Power

is not lawful to be disputed._"[7] Gentlemen, that was worthy of some

judicial charges which you and I have heard.

[Footnote 7: Speache in the Starre-Chamber, London, 1616.]

* * * * *

Charles I. (1625-1659,) pursued the same course of tyranny by the same

steps. Coventry could be implicitly relied on to do as commanded, and

was made Lord Keeper in 1625. When the question of Ship-money was to

be brought forward in 1636, Chief Justice Heath was thought not fit to

be trusted with wielding the instrument of tyranny, and accordingly

removed; "and Finch, well known to be ready to go all lengths, was

appointed in his place." For he had steadfastly maintained that the

King was absolute, and could dispense with law and parliament,--a fit

person to be a Chief Justice, or a Lord Chancellor, in a tyrant's

court, ready to enact iniquity into law. His compliance with the

King's desire to violate the first principle of Magna Charta,

"endeared him to the Court, and secured him further preferment as soon

as any opportunity should occur." So he was soon made Lord Chancellor

and raised to the peerage. Littleton had once been on the popular

side, but deserted and went over to the Court--he was sure of

preferment; and as he became more and more ready to destroy the

liberties of the People, he was made Chief Justice, and finally Lord

Chancellor in 1641. Lane was a "steady friend of the prerogative," and

so was made Attorney-General to the Prince of Wales, and thence

gradually elevated to the highest station.

Other Judicial appointments were continually made in the same spirit.

Thus when Sir Randolf Crewe was Chief Justice of the King's Bench, the

government questioned him to ascertain if he were "sound," and were

shocked to hear him declare that the King had no right to levy taxes

without consent of Parliament, or imprison his subjects without due

process of law. He was "immediately dismissed from his office,"

(1626,) and Sir Nicolas Hyde appointed in his place. By such means the

courts were filled with tools of the King or his favorites, and the

pit digged for the liberties of the People, into which at last there

fell--the head of the King!

* * * * *

Charles II. and James II., (1655-1686,) did not mend the evil, but

appointed for judges "such a pack as had never before sat in

Westminster Hall." Shaftesbury and Guildford had the highest judicial

honors. Lord Chancellor Finch, mentioned already, had been accused by

the Commons of High Treason and other misdemeanors, but escaped to the

continent, and returned after the Restoration. He was appointed one of

the Judges to try the Regicides. Thus he "who had been accused of high

treason twenty years before by a full parliament, and who by flying

from their justice saved his life, was appointed to judge some of

those who should have been his Judges."[8] He declared in Parliament

that Milton, for services rendered to the cause of liberty while Latin

Secretary to Cromwell, "deserved hanging."[9]

[Footnote 8: Ludlow, quoted in 2 Campbell, 470.]

[Footnote 9: 4 Parl. Hist. 162.]

In these reigns such men as Saunders, Wright, and Scroggs, were made

Judges, men of the vilest character, with the meanest appetites,

licentious, brutal, greedy of power and money, idiotic in the moral

sense, appointed solely that they might serve as tools for the

oppression of the People. Among these infamous men was George

Jeffreys, of whom Lord Campbell says,--"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 exaggerated, and

that I might be able to rescue his memory from some portion of the

obloquy under which it labors; but I am sorry to say that in my

matured opinion his cruelty and his political profligacy have not been

sufficiently exposed or reprobated; and that he was not redeemed from

his vices by one single solid virtue."[10] But in consequence of his

having such a character, though not well-grounded in law, he was made

a Judge, a Peer, and a Lord Chancellor! Wright, nearly as infamous,

miraculously stupid and ignorant, "a detected swindler, knighted and

clothed in ermine, took his place among the twelve judges of

England."[11] He also was made Chief Justice successively of the

Common Pleas and the King's Bench! Lord Campbell, himself a judge, at

the end of his history of the reign of Charles and James, 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 measures,

however arbitrary or mischievous, for the purpose of procuring their

own advancement."[12] It was the practice of the Stuarts "to dismiss

judges without seeking any other pretence, who showed any disposition

to thwart government in political prosecutions."[13] Nor was this

dismissal confined to cases where the judge would obey the law in

merely Political trials. In 1686 four of the judges denied that the

king had power to dispense with the laws of the land and change the

form of religion: the next morning they were all driven from their

posts, and four others, more compliant, were appointed and the

judicial "opinion was unanimous." Hereupon Roger Coke says well,--"the

king ... will make the judges in Westminster Hall to murder the common

law, as well as the king and his brother desired to murder the

parliament by itself; and to this end the king, when he would make any

judges would make a bargain with them, that they should declare the

king's power of dispensing with the penal laws and tests made against

recusants, out of parliament."[14]

[Footnote 10: 3 Campbell, 394.]

[Footnote 11: 2 Campbell Chief Justices, 86.]

[Footnote 12: 3 Campbell, 473.]

[Footnote 13: 3 Hallam, 142.]

[Footnote 14: 8 St. Tr. 195, note.]

* * * * *

Here, Gentlemen of the Jury, I must mention three obscure judges who

received their appointments under Stuart kings. Before long I shall

speak of their law and its application, and now only introduce them to

you as a measure preliminary to a more intimate acquaintance

hereafter.

The Trial of Theodore Parker For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the Defence · 第 3 / 28 段