Gentlemen of the Jury, as I just now gave you some passages from Mr.

Hallett's speech on that occasion, allow me now to read you some

extracts from Mr. Curtis's address. The general aim of the speech was

to reconcile the People to kidnapping; the rhetorical means to this

end were an attempt to show that kidnapping was expedient; that it was

indispensable; that it had been long since agreed to; that the Slaves

were foreigners and had no right in _Massachusetts_. He said:--

"We have come here not to consider particular measures of

government but to assert that we have a government, not to

determine whether this or that law be wise or just, but to

declare that there is law, and its duties and power."

"Every sovereign State has and must have the right to judge

_what persons from abroad_ shall be admitted."

"Are not these persons [fugitive slaves] foreigners as to

us--and what right have they to come here at all, _against

the will of the legislative power of the State_.

[Massachusetts had no legislation forbidding them!] And if

their coming here or remaining here, is not consistent with

the safety of the State and the welfare of the citizens _may

we not_ prohibit their coming, or _send them back_ if they

come?" "_To deny this_ is to deny the right of

self-preservation to a State.... It ... _throws us back at

once into a condition below the most degraded savages who

have a semblance of government_." "You know that the great

duty of justice could not otherwise be performed, [that is

without the fugitive-from-labor clause in the Constitution];

that our peace at home and our safety from foreign

aggression could not otherwise be insured; and that only by

this means could we obtain 'the Blessings of Liberty' to the

people of Massachusetts and their posterity." "In no other

way could we become an example of, and security for, the

capacity of man, safely and peacefully and wisely to govern

himself under free and popular institutions."

So the fugitive slave bill is an argument against human depravity,

showing the capacity of man to govern himself "safely and peacefully

and wisely."

He adds, as early as 1643 the New England colonies found it necessary

"to insert an article substantially like this one," for the rendition

of fugitive servants, and in 1789 the Federal government demanded that

the Spaniards should surrender the fugitive slaves of Georgia.

Injustice, Gentlemen, has never lacked a precedent since Cain killed

Abel. Mr. Curtis continues:--

"When I look abroad over 100,000 happy homes in

Massachusetts and see a people, such as the blessed sun has

rarely shone upon, so intelligent and educated, moral,

religious, progressive, 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 risk, because our _passionate will_ impels

us to break a promise our wise and good fathers made, not to

allow a _class of foreigners_ to come here, or to _send them

back if they came_."

So the refusal to kidnap Ellen and William Craft came of the

"_passionate will_" of the people, and is likely to ruin the happy

homes of a moral and religious people!

"_With the rights of these persons_ I firmly believe

_Massachusetts has nothing to do_. It is enough for us that

they have no right to be _here_. Whatever natural rights

they have--and I admit these natural rights to their fullest

extent--this is not the _soil_ on which to vindicate them.

This is _our_ soil, sacred to _our_ peace, on which we

intend to perform _our_ promises, and work out for the

benefit of ourselves and our posterity and the world, the

destiny which our Creator has assigned to _us_."

Gentlemen of the Jury, it is written of that Creator that He is "no

Respecter of Persons;" and "hath made of one blood all nations of men

for to dwell on all the face of the earth." The "Our Creator" of Mr.

Curtis is also the Father of William and Ellen Craft; and that great

Soul who has ploughed his moral truths deep into the history of

mankind, represents the final Judge of us all as saying to such as

scorned his natural Law of Justice and Humanity, "INASMUCH AS YE DID

IT NOT TO ONE OF THE LEAST OF THESE YE DID IT NOT TO ME."

Massachusetts is "our soil," is it; "sacred to _our_ peace," which is

to be made sure of by stealing our brother men, and giving to

Commissioners George T. Curtis and Edward G. Loring ten dollars for

making a slave, and only five for setting free a man! Peace and the

fugitive slave bill! No, Gentlemen of the Jury, it is vain to cry

Peace, Peace--when there is no peace! Ay, there _is_ no peace to the

wicked; and though the counsel of the ungodly be carried, it is

carried headlong!

In that speech, Gentlemen, Mr. Curtis made a special attack upon me:--

"There has been made within these walls," said he, "the

declaration that an article of the Constitution [the

rendition clause] of the United States 'shall not be

executed, _law or no law_.' A gentleman offered a resolve

... that 'constitution or no constitution, law or no law, we

will not allow a fugitive slave to be taken from

Massachusetts.' The chairman of a public meeting [Hon.

Charles Francis Adams, on October 14th] declared here that

'the law will be resisted, and if the fugitive resists, and

if he slay the slave-hunter, or even the Marshal, and if he

therefor be brought before a Jury of Massachusetts men, that

Jury will not convict him.' And as if there should be

nothing wanting to exhibit the madness which has possessed

men's minds, _murder and perjury_ have been enacted into

virtues, and in this city preached from the sacred desk. I

must not be suspected of exaggerating in the least degree. I

read therefore the following passage from a sermon preached

and published in this city:--

"'Let me suppose a case which may happen here and before

long. A woman flies from South Carolina to Massachusetts to

escape from bondage. Mr. Greatheart aids her in her escape,

harbors and conceals her, and is brought to trial for it.

The punishment is a fine of one thousand dollars and

imprisonment for six months. I am drawn to serve as a juror

and pass upon this offence. I may refuse to serve and be

punished for that, leaving men with no scruples to take my

place, or I may take the juror's oath to give a verdict

according to the law and the testimony. The law is plain,

let us suppose, and the testimony conclusive. Greatheart

himself confesses that he did the deed alleged, saving one

ready to perish. The judge charges that if the jurors are

satisfied of that fact then they must return that he is

guilty. This is a nice matter. Here are two questions. The

one put to me in my official capacity as juror, is this:

"Did Greatheart aid the woman?" The other, put to me in my

natural character as man, is this: "Will you help punish

Greatheart with fine and imprisonment for helping a woman

obtain her unalienable rights?" If I have extinguished my

manhood by my juror's oath, then I shall do my official

business and find Greatheart guilty, and I shall seem to be

a true man; but if I value my manhood I shall answer after

my natural duty to love man and not hate him, to do him

justice, not injustice, to allow him the natural rights he

has not alienated, and shall say, "Not guilty." Then men

will call me forsworn and a liar, but I think human nature

will justify the verdict.'"

"I should like to ask," he continued, "the reverend gentleman in what

capacity he expects to be punished for his _perjury_?" Gentlemen of

the Jury, I rose and said, "Do you want an answer to your question,

sir?" He had charged me with preaching murder and perjury; had asked,

How I expected to be punished for my own "PERJURY?" When I offered to

answer his question he refused me the opportunity to reply! Thus,

Gentlemen, he charged me with recommending men to commit perjury! Did

he think I advised men to take an oath and break it? On the other side

of the page which he read there stood printed:--

"Suppose a man has sworn to keep the Constitution of the

United States, and the Constitution is found to be wrong in

certain particulars; then his oath is not morally binding,

for before his oath, by his very existence, he is morally

bound to keep the law of God as fast as he learns it. No

oath can absolve him from his natural allegiance to God. Yet

I see not how a man can knowingly, and with a good

Conscience, swear to keep what he deems it wrong to keep,

and will not keep, and does not intend to keep."

Gentlemen, when that speech came to be printed--there was no charge of

"perjury" at all, but a quite different sentence![189]

[Footnote 189: See the speech in Boston Courier of November 27th, with

the editorial comment, and in Daily Advertiser of 28th, _Thanksgiving

Day_. See also the Atlas of November 27th. The Sermon is in 2 Parker's

Speeches, 241.]

9. In February, 1851, George T. Curtis issued the warrant for the

seizure of Shadrach, who was "hauled" in to the court house before

that Commissioner; but "the Lord delivered him out of their hands,"

and he also escaped out of the United States of America.

10. After the escape or rescue of Shadrach, George T. Curtis

telegraphed the news to Mr. Webster, at Washington, declaring "it is

levying war;" thus constructing high treason out of the rescue of a

prisoner by unarmed men, from the hands of a sub-deputy officer of the

United States.

11. George T. Curtis also officiated as Commissioner in the kidnapping

of Thomas Sims, in April, 1851; and under the pretence of

"extradition," sent him to be scourged in the jail of Savannah, and

then to suffer eternal bondage. It was rumored at the time that

Charles P. Curtis and Benjamin R. Curtis, his law-partner and

son-in-law, were the secret legal advisers and chamber-counsel of the

Southern slave-hunters in this case. I know not how true the rumor

was, nor whether it was based on new observation of facts, or was

merely an inference from their general conduct and character.

12. When Mr. Sims was brought before Judge Woodbury, on _habeas

corpus_, Benjamin R. Curtis appeared as counsel for the Marshal, and

also assisted Judge Woodbury in strengthening his opinion against

Sims, by a written note transmitted by an officer of the Court to the

Judge, while he was engaged in delivering his opinion.

13. Gentlemen of the Jury, I have shown you how, in Britain, the

Government, seeking to oppress the people and to crush down freedom of

speech, put into judicial offices such men as were ready to go all

lengths in support of profitable wickedness. You do not forget the men

whom the Stuarts made judges: surely you remember Twysden, and Kelyng,

and Finch, and Saunders, and Scroggs. You will not forget Edmund

Thurlow and John Scott. Well, Gentlemen, in 1851, Judge Woodbury died,

and on the recommendation of Mr. Webster, Mr. Benjamin R. Curtis was

raised to the dignity he now holds. Of course, Gentlemen, the country

will judge of the cause and motive of the selection. No lawyer in New

England had laid down such southern "Principles" for foundation of

law; he outwent Mr. Sprague. None had rendered such service to the

Slave Power. In 1836, he had sought to restore slavery to

Massachusetts, and to accomplish that had denied the existence of any

Higher Law,--the written statute was the only standard of judicial

morals. In 1850, he had most zealously defended the fugitive slave

bill,--coming to the rescue of despotism when it seemed doubtful which

way the money of Boston would turn, and showing most exemplary

diligence in his attempts to kidnap William and Ellen Craft.

Gentlemen, if such services were left unpaid, surely "the Union would

be in danger!" But I must go on with my sad chronicle.

14. As Circuit Judge of the United States, Benjamin R. Curtis, as well

in the construction of juries, as in the construction of the law,

exerted all his abilities against the parties indicted for the rescue

of Shadrach, though Mr. Hale says his conduct was far better than

Judge Sprague's. He did this especially in the case of Elizur Wright,

who appeared without counsel, and thus afforded a better opportunity

to procure a conviction. But it was in vain--all escaped out of his

hands.

15. In 1851, George T. Curtis brought an action for libel against

Benjamin B. Mussey, bookseller, who had just published a volume of

speeches by the Hon. Horace Mann, one of which was against the

business of kidnapping in Boston, wherein George T. Curtis found, as

he alleged, matter libellous of himself. That suit remains yet

undisposed of; but in it he will doubtless recover the full value of

his reputation, on which kidnapping has affixed no stain.

16. In May, 1854, Edward G. Loring issued a warrant for the seizure of

Mr. Burns; decided the case before he heard it, having advised the

counsel not to oppose his rendition, for he would probably be sent

back; held him ironed in his "court," and finally delivered him over

to eternal bondage. But in that case, it is said, Mr. Loring, who has

no Curtis blood in his veins, did not wish to steal a man; and

proposed to throw up his commission rather than do such a deed; but he

consulted his step-brother, Charles P. Curtis, 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 bill.

Benjamin R. Curtis, it is said, I know not how truly--himself can

answer, aided Mr. Loring in forming the "opinion" by which he

attempted to justify the "extradition" of Mr. Burns; that is to say,

the giving him up as a slave without any trial of his right to

liberty, merely on a presumptive case established by his claimant.

17. After Commissioner Loring had seized Mr. Burns, Mr. George T.

Curtis, by a communication published in the newspapers, informed the

public that he still continued the business of man-hunting at the old

stand, where all orders for kidnapping would be promptly attended to.

For, he says, there was a statement "that I had declined, or was

unwilling or afraid to act. 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 declined." "I thought proper to place myself

as it were by his side." "But I never took a fee [for kidnapping], and

I never shall take one."[190] Did he remember the fate of the Hebrew

Judas, who "betrayed the Innocent Blood," and then cast down the

thirty pieces?

[Footnote 190: See Boston Journal of May 29, and Boston Courier of

June 7, 1854.]

Hitherto the kidnapping commissioners, though both members of the same

family, had pursued their game separately, each on his own account.

After this it appears these two are to hunt in couples: Commissioner

Loring and Commissioner Curtis "as it were by his side:"--

"Swift in pursuit, but matched in mouth like bells,

_Each under each_."

Gentlemen of the Jury, it is a very painful thing for me to deliver

this very sad chronicle of such wicked deeds. But do not judge these

men wholly by those acts. I am by no means stingy of commendation, and

would rather praise than blame. The two elder Messrs. Curtis have many

estimable and honorable qualities,--in private relations it is

said--and I believe it--they are uncommonly tender and delicate and

refined in the elegant courtesies of common life. I know that they

have often been open-handed and generous in many a charity. In the

ordinary intercourse of society, where no great moral principle is

concerned, they appear as decorous and worthy men. Hon. Benj. R.

Curtis,--he will allow me to mention his good qualities before his

face,--though apparently destitute of any high moral instincts, is yet

a man of superior powers of understanding, and uncommon industry; as a

lawyer he was above many of the petty tricks so common in his

profession. Strange as it may seem, I have twice seen Mr. George T.

Curtis's name among others who contributed to purchase a slave; Mr.

Loring's good qualities I have often mentioned, and always with

delight.

But this family has had its hand in all the kidnapping which has

recently brought such misery to the colored people and their friends;

such ineffaceable disgrace upon Boston, and such peril to the natural

Rights of man. These men have laid down and advocated the principles

of despotism; they have recommended, enforced, and practised

kidnapping in Boston, and under circumstances most terribly atrocious.

Without their efforts we should have had no man-stealing here. They

cunningly, but perhaps unconsciously, represented the low Selfishness

of the Money Power at the North, and the Slave Power at the South, and

persuaded the controlling men of Boston to steal Mr. Sims and Mr.

Burns. In 1836 they sought to enslave a poor little orphan girl, and

restore bondage to Massachusetts; in 1851 they succeeded in

enthralling a man. Now, Gentlemen, they are seeking to sew up the

mouth of New England; there is a sad consistency in their public

behavior.

Gentlemen, they are not ashamed of this conduct; when "A Citizen of

Boston," last January, related in the New York Tribune some of the

facts I have just set forth, "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 fanaticism, disloyalty, and the _mob_," and declared that "they

feel encouraged to continue in the same course and _their children

after them_."[191] Mr. Thomas B. Curtis considers some of the acts I

have just mentioned "among the most meritorious acts" of his

life.[192] Mr. Loring, in his "Remonstrance," justifies Kidnapping!

[Footnote 191: New York Tribune, January 15, 1855.]

[Footnote 192: Daily Advertiser, February 7, 1855.]

They may, indeed, speak well of the bridge which carries them safe

over. Three of the family are fugitive slave bill commissioners; one

of them intellectually the ablest, perhaps morally the blindest, who

so charged me with "Perjury," is the Honorable Judge who is to try me

for a "Misdemeanor." Of course he is perfectly impartial, and has no

animosity which seeks revenge,--the history of courts forbids the

supposition!

Such, Gentlemen, are the antecedents of the Hon. Judge Curtis, such

his surroundings. You will presently see what effect they have had in

procuring this indictment. It a sad tale that I have presented. He

told it, not I; he did the deeds, and they have now found words.

* * * * *

Gentlemen of the Jury, I shall next speak of Judge Curtis's charge to

the grand-jury, delivered in Boston, June 7, 1854--only five days

after his kinsman had sent Mr. Burns into Slavery. Here is that part

of the charge which relates to our case.

"There is another criminal law of the United States to which

I must call your attention, and give you in charge. It was

enacted on the 13th of April, 1790, and is in the following

words:--

"'If any person shall knowingly or wilfully obstruct,

resist, or oppose any officer of the United States, in

serving, or attempting to serve, or execute any mesne

process, or warrant, or any rule or order of any of the

courts of the United States, or any other legal writ or

process whatever, or shall assault, beat, or wound any

officer, or other person duly authorized, in serving or

executing any writ, rule, order, process, or warrant,

aforesaid, such person shall, on conviction, be imprisoned

not exceeding twelve months, and fined not exceeding three

hundred dollars.'

"You will observe, Gentlemen, that this law makes no

provision for a case where an officer, or other person duly

authorized, is killed by those unlawfully resisting him.

That is a case of murder, and is left to be tried and

punished under the laws of the State, within whose

jurisdiction the offence is committed. Over that offence

against the laws of the State of Massachusetts we have here

no jurisdiction. It is to be presumed that the duly

constituted authorities of the State will, in any such case,

do their duty; and if the crime of murder has been

committed, will prosecute and punish all who are guilty.

"Our duty is limited to administering the laws of the United

States; and by one of those laws which I have read to you,

to obstruct, resist, or oppose, or beat, or wound any

officer of the United States, or other person duly

authorized, in serving or executing any legal process

whatsoever, is an offence against the laws of the United

States, and is one of the subjects concerning which you are

bound to inquire.

"It is not material that the same act is an offence both

against the laws of the United States and of a particular

State. Under our system of government the United States and

the several States are distinct sovereignties, each having

its own system of criminal law, which it administers in its

own tribunals; and the criminal laws of a State can in no

way affect those of the United States. The offence,

therefore, of obstructing legal process of the United States

is to be inquired of and treated by you as a misdemeanor,

under the Act of Congress which I have quoted, without any

regard to the criminal laws of the State, or the nature of

the crime under these laws.

"This Act of Congress is carefully worded, and its meaning

is plain. Nevertheless, there are some terms in it, and some

rules of law connected with it, which should be explained

for your guidance. And first, as to the process, the

execution of which is not to be obstructed.

"The language of the Act is very broad. It embraces every

legal process whatsoever, whether issued by a court in

session, or by a judge, or magistrate, or commissioner

acting in the due administration of any law of the United

States. You will probably experience no difficulty in

understanding and applying this part of the law.

"As to what constitutes an obstruction--it was many years

ago decided, by Justice Washington, that to support an

indictment under this law, it was not necessary to prove the

accused used or even threatened active violence. Any

obstruction to the free action of the officer, or his lawful

assistants, wilfully placed in his or their way, for the

purpose of thus obstructing him or them, is sufficient. And

it is clear that if a multitude of persons should assemble,

even in a public highway, with the design to stand together,

and thus prevent the officer from passing freely along the

way, in the execution of his precept, and the officer should

thus be hindered or obstructed, this would of itself, and

without any active violence, be such an obstruction as is

contemplated by this law. If to this be added use of any

active violence, then the officer is not only obstructed,

but he is resisted and opposed, and of course the offence is

complete, for either of them is sufficient to constitute it.

"If you should be satisfied that an offence against this law

has been perpetrated, you will then inquire by whom; 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 law.

"And first, all who are present and actually obstruct,

resist, or oppose, are of course guilty. So are all who are

present leagued in the common design, and so situated as to

be able, in case of need, to afford assistance to those

actually engaged, though they do not actually obstruct,

resist, or oppose. If they are present for the purpose of

affording assistance in obstructing, resisting, or opposing

the officers, and are so situated as to be able in any event

which may occur, actually to aid in the common design,

though no overt act is done by them, they are still guilty

under this law. The offence defined by this act is a

misdemeanor; and it is rule of law that whatever

participation, in case of felony, would render a person

guilty, either as a principal in the second degree, or as an

accessory before the fact, does, in a case of misdemeanor,

render him guilty as a principal; in misdemeanors all are

principals. And, therefore, in pursuance of the same rule,

not only those who are present, but those who, though absent

when the offence was committed, did procure, counsel,

command, or abet others to commit the offence, are

indictable as principal.

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 21 / 28 段