How came the Brother-in-law of the Judge on the Grand-Jury summoned to

punish men who spoke against kidnapping? Gentlemen of the Jury, I do

not know. Of course it was done honestly; nobody suspects the Mayor of

Boston of double-dealing, of intrigue, or of any indirection! Of

course there was no improper influence used by the Marshal, or Mr.

Curtis, or Mr. Hallett, who had all so much at stake; of course Mr.

Greenough "did not wish to be on the Jury;" of course Judge Curtis

"was very sorry he was there," and of course "all the family was

sorry!" Of course "he went and asked Judge Sprague to excuse him, and

the Judge wouldn't let him off!" Well, Gentlemen, I suppose it was a

"miracle;" such a miracle as delivered the old or the new Shadrach; a

"singular coincidence;" a "very remarkable fact." You will agree with

me, Gentlemen, that it was a _very remarkable_ FACT. In all the

judicial tyranny I have related, we have not found a case before in

which the judge had his brother on the Grand-Jury. Even Kelyng affords

no precedent for that.

Last summer I met Mr. Greenough in a Bookstore and saluted him as

usual; he made no return to my salutation, but doubled up his face and

went out of the shop! That was the impartial Grand-Juror, who took the

oath to "present no man for envy, hatred, or malice."

"After the impanelling of the new Grand-Jury,"--I am reading from a

newspaper,[204] "Judge Curtis charged them in reference to their

duties at considerable length. In regard to the Burns case he read the

law of 1790 respecting opposition to the United States Marshals and

their deputies while in discharge of their duty, enforcing the laws of

the United States, and referred for further information as to the law

upon the point to his charge delivered at a previous term of the

Court, and now in the possession _of the District Attorney_." Thus he

delegated the duty of expounding the law to a man who is not a

judicial officer of the United States.

[Footnote 204: Evening Traveller, Oct. 16.]

Gentlemen of the Jury, look at the facts. I am indicted by a

Grand-Jury summoned for that purpose after one Grand-Jury--which had

been drawn before the kidnapping of Mr. Burns--had refused to find a

bill; a member of the family which has been so distinguished for

kidnapping ever since 1832, the Brother-in-law of the Judge, is made

one of that Grand-Jury; he is so hostile and malignant as to refuse my

friendly salutation when offered as usual; and on the jury is "most

active of all in his efforts to procure an indictment," so that "but

for his efforts," as one of the Grand-Jury informed me, "no bill would

have been found that time;" and "it was obvious that an outside

influence affected him." Out of court Mr. Hallett, it is said,

jocosely offers to bet ten dollars that he "will get Mr. Parker

indicted." I am to be tried before two judges deeply committed to the

Slave Power, now fiercely invading our once free soil; they owe their

appointment to their hostility against Freedom. Twenty years ago, in

the Old Cradle of Liberty, Mr. Sprague could find for Washington no

epithet so endearing as "THAT SLAVEHOLDER;" he defended Slavery with

all his legal learning, all his personal might. Yes, when other

weapons failed him he extemporized a new gospel, and into the mouth of

Jesus of Nazareth,--who said, "Thou shalt love thy Neighbor as

thyself," and pointed out the man who had "fallen among thieves" as

neighbor to the Samaritan--he put this most unchristian precept,

"SLAVES, OBEY YOUR MASTERS!" Nay, only four years ago, in this very

Court, 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 both."

Gentlemen, the other judge, Mr. Curtis, began his career by asking the

Supreme Court of Massachusetts to restore Slavery to Lexington and

Bunker Hill; he demanded that our own Supreme Court should grant all

that wickedness which Toombs and Hangman Foote, and Atchison and

Stringfellow, and Grier and Kane have since sought to perpetuate! He

denied the existence of any Law of God to control the Court, there is

nothing but the Statutes of men; and declared "Slavery is not

immoral;" Massachusetts may interfere actively to establish it abroad

as well as at home. In Faneuil Hall, in a meeting which he and his

kinsmen had gathered and controlled, a meeting to determine upon

kidnapping the citizens of Boston, he charged me with perjury, asked a

question, and did not dare listen to my reply! Gentlemen, it is a very

proper Court to try me. A fugitive slave bill Court--with a fugitive

slave bill Attorney, a fugitive slave bill Grand-Jury, two fugitive

slave bill Judges--which scoffs at the natural law of the Infinite

God, is a very suitable tribunal to try a Minister of the Christian

religion for defending his own parishioners from being kidnapped,

defending them with a word in Faneuil Hall!

"No tyranny so secure,--none so intolerable,--none so dangerous,--none

so remediless, as that of Executive Courts." "This is a truth all

nations bear witness to--all history confirms." These were the words

of Josiah Quincy, Jr., in 1772.--Gentlemen, in 1855 you see how true

they are! "So sensible are all tyrants of the importance of such

courts--that to advance and establish their system of oppression,

_they never rest until they have completely corrupted or bought the

judges of the land_. I could easily show that the most deep laid and

daring attacks upon the rights of a people might, in some measure, be

defeated, or evaded by upright judicatories; bad laws with good judges

make little progress."[205]

[Footnote 205: Quincy's Quincy, 68.]

But Gentlemen,--when the fugitive slave bill is "_law_," when the

judges are selected for their love of Slavery and their hatred of

freedom--men who invent Scripture to justify bondage, or who as

Lawyers beseech the courts to establish Slavery in Massachusetts; who

declare it is not immoral, that it may be the duty of Massachusetts to

interfere actively and establish slavery abroad, nay, that there is no

morality but only legality, the statute the only standard of right

and wrong--what are you to expect? What you see in Philadelphia, New

York; aye, in Boston at this hour. I will add with Mr. Quincy, "Is it

possible this should not rouse us and drive us not to desperation but

to our duty! The blind may see; the callous must feel; the spirited

will act."[206]

[Footnote 206: Gazette, Feb. 10, 1772.]

It would be just as easy for the Judge to make out divers other crimes

from my words, as to construct a misdemeanor therefrom. To charge me

with "treason," he has only to vary a few words and phrases; to cite

Chase, and not Judge Parker, and to refer to other passages of

Kelyng's Reports. James II.'s judges declared it was treason in the

seven Bishops to offer their petition to the King. Mr. Webster said,

it is only the "clemency of the Government which indicted the Syracuse

rescuers for misdemeanors and not for a capital crime!" How easy for a

fugitive slave bill judge to hang men for a word against his brother

kidnapper--if there were no jury; if, like the New York sheriff in

1735, he could order "his own negro" to do it! Here is a remarkable

case of constructive crime, worthy of this Honorable Court. It is the

famous case of _Dux_ v. _Conrade et Boracio_. Honorable Judge Dogberry

thus delivered his charge to the Grand Inquest, "Masters, I charge you

accuse these men,"--one policeman testified that Conrade said "that

Don John, the prince's Brother, was a _villain_." Judge Dogberry

ruled, "This is flat perjury to call a prince's Brother, _villain_."

The next member of the Marshal's guard deposed that Boracio had said,

"That he had received a thousand ducats of Don John for accusing the

Lady Hero wrongfully." Chief Justice Dogberry decided, "Flat Burglary

as ever was committed." Sentence accordingly.[207]

[Footnote 207: 2 Singer's Shakspeare, 192.]

* * * * *

Gentlemen, the indictment is so roomy and vague, that before I came

into court, I did not know what special acts of mine would be brought

up against me--for to follow out the Judge's charge, all my life is a

series of constructive misdemeanors. Nay, 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 treason, only for bearing me, her youngest son.

Certainly, it was "obstructing an officer," and in "misdemeanors all

are principals." I have committed a great many misdemeanors; all my

teachings evince an express liking for Piety, for Justice, for

Liberty; all my life is obstructing, opposing, and resisting the

fugitive slave bill Court, its Commissioners, its Judges, its Marshals

and its Marshal's guard. Gentlemen of the jury, you are to judge me.

Look at some of my actions and some of my words.

In 1850, on the 25th of March, a fortnight after Mr. Webster made his

speech against Humanity, there was a meeting of the citizens of

Boston, at Faneuil Hall; Gentlemen, I helped procure the meeting.

First, I tried to induce the leading Whigs to assemble the people. No,

that could not be done; "the Bill would not pass, there was no

danger!" Then I tried the leading Free Soilers; "No, it was not quite

time, and we are not strong enough." At last the old abolitionists

came together. Mr. Phillips made a magnificent speech. Here are some

things which I also said.

"There were three fugitives at my house the other night.

Ellen Craft was one of them. You all know Ellen Craft is a

slave; she, with her husband, fled from Georgia to

Philadelphia, and is here before us now. She is not so dark

as Mr. Webster himself, if any of you think freedom is to be

dealt out in proportion to the whiteness of the skin. If

Mason's bill passes, I might have some miserable postmaster

from Texas or the District of Columbia, some purchased agent

of Messrs. Bruin & Hill, the great slave-dealers of the

Capital, have him here in Boston, take Ellen Craft before

the caitiff, and on his decision hurry her off to bondage as

cheerless, as hopeless, and as irremediable as the grave!

"Let me interest you in a scene which might happen. Suppose

a poor fugitive, wrongfully held as a slave--let it be Ellen

Craft--has escaped from Savannah in some northern ship. No

one knows of her presence on board; she has lain with the

cargo in the hold of the vessel. Harder things have

happened. Men have journeyed hundreds of miles bent double

in a box half the size of a coffin, journeying towards

freedom. Suppose the ship comes up to Long Wharf, at the

foot of State Street. Bulk is broken to remove the cargo;

the woman escapes, emaciated with hunger, feeble from long

confinement in a ship's hold, sick with the tossing of the

heedless sea, and still further etiolated and blanched with

the mingling emotions of hope and fear. She escapes to land.

But her pursuer, more remorseless than the sea, has been

here beforehand; laid his case before the official he has

brought with him, or purchased here, and claims his slave.

She runs for her life, fear adding wings. Imagine the

scene--the flight, the hot pursuit through State Street,

Merchants' Row--your magistrates in hot pursuit. To make the

irony of nature still more complete, let us suppose this

shall take place on some of the memorable days in the

history of America--on the 19th of April, when our fathers

first laid down their lives 'in the sacred cause of God and

their country;' on the 17th of June, the 22d of December, or

on any of the sacramental days in the long sad history of

our struggle for our own freedom! Suppose the weary fugitive

takes refuge in Faneuil Hall, and here, in the old Cradle of

Liberty, in the midst of its associations, under the eye of

Samuel Adams, the bloodhounds seize their prey! Imagine Mr.

Webster and Mr. Winthrop looking on, cheering the

slave-hunter, intercepting the fugitive fleeing for her

life. Would not that be a pretty spectacle?

"Propose to support that bill to the fullest extent, with

all its provisions! Ridiculous talk! Does Mr. Webster

suppose that such a law could be executed in Boston? that

the people of Massachusetts will ever return a single

fugitive slave, under such an act as that? Then he knows his

constituents very little, and proves that he needs

'Instruction.'

"Perpetuate Slavery, we cannot do it. Nothing will save it.

It is girt about by a ring of fire which daily grows

narrower, and sends terrible sparkles into the very centre

of the shameful thing. 'Joint resolutions' cannot save it;

annexations cannot save it--not if we reannex all the West

Indies; delinquent representatives cannot save it;

uninstructed senators, refusing instructions, cannot save

it, no, not with all their logic, all their eloquence, which

smites as an earthquake smites the sea. No, slavery cannot

be saved; by no compromise, no non-intervention, no Mason's

Bill in the Senate. It cannot be saved in this age of the

world until you nullify every ordinance of nature, until you

repeal the will of God, and dissolve the union He has made

between righteousness and the welfare of a people. Then,

when you displace God from the throne of the world, and

instead of His eternal justice, reenact the will of the

Devil, then you may keep Slavery; keep it for ever, keep it

in peace. Not till then.

"The question is, not if slavery is to cease, and soon to

cease, but shall it end as it ended in Massachusetts, in New

Hampshire, in Pennsylvania, in New York; or shall it end as

in St. Domingo? Follow the counsel of Mr. Webster--it will

end in fire and blood. God forgive us for our cowardice, if

we let it come to this, that three millions or thirty

millions of degraded human beings, degraded by us, must wade

through slaughter to their unalienable rights."[208]

[Footnote 208: 2 Occasional Speeches, 164, 165, and 172.]

Gentlemen, that speech was a "seditious libel" by construction!

On the 29th of May, I spoke at the New England Anti-Slavery

Convention, and said:--

"Let us not be deceived about the real question at issue. It

is not merely whether we shall return fugitive slaves

without trial by jury. We will not return them with trial by

jury! neither 'with alacrity,' nor with the 'solemnity of

judicial proceedings!' It is not merely whether slavery

shall be extended or not. By and by there will be a

political party with a wider basis than the free soil party,

who will declare that the nation itself must put an end to

slavery in the nation; and if the Constitution of the United

States will not allow it, there is another Constitution that

will. Then the title, Defender and expounder of the

Constitution of the United States, will give way to

this,--'Defender and expounder of the Constitution of the

Universe,' and we shall reaffirm the ordinance of nature,

and reenact the will of God. You may not live to see it, Mr.

President, nor I live to see it; but it is written on the

iron leaf that it must come; come, too, before long. Then

the speech of Mr. Webster, and the defence thereof by Mr.

Stuart, the letter of the retainers and the letters of the

retained, will be a curiosity; the conduct of the whigs and

democrats an amazement, and the peculiar institution a

proverb amongst all the nations of the earth. In the turmoil

of party politics, and of personal controversy, let us not

forget continually to move the previous question, whether

Freedom or Slavery is to prevail in America. There is no

attribute of God which is not on our side; because, in this

matter, we are on the side of God."[209]

[Footnote 209: Ibid., 207, 208.]

After the death of General Taylor on the 14th of July, I lifted up my

voice in a funeral sermon thus:--

"If he could speak to us from his present position, methinks

he would say: Countrymen and friends! You see how little it

availed you to agitate the land and put a little man in a

great place. It is not the hurrah of parties that will 'save

the Union,' it is not 'great men.' It is only Justice.

Remember that Atheism is not the first principle of a

Republic; remember there is a law of God, the higher law of

the universe, the Everlasting Right: I thought so once, and

now I know it. Remember that you are accountable to God for

all things; that you owe justice to all men, the black not

less than the white; that God will demand it of you, proud,

wicked nation, careful only of your gold, forgetful of God's

high law! Before long each of you shall also come up before

the Eternal. Then and there it will not avail you to have

compromised truth, justice, love, but to have kept them.

Righteousness only is the salvation of a State; that only of

a man."[210]

[Footnote 210: 2 Occasional Sermons, 239, 240.]

All that was before the bill passed, but how easy it would be for

Judge Jeffreys or Judge Curtis, Judge Sprague or Judge Scroggs, to

construct it into a "misdemeanor," "resisting an officer!"

After the fugitive slave bill passed, on the 22d of September, 1850,

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 tables, I preached a "Sermon of the Function and Place of

Conscience in relation to the Laws of Man, a sermon for the times." I

said this:--

"If a man falls into the water and is in danger of drowning,

it is the natural duty of the bystanders to aid in pulling

him out, even at the risk of wetting their garments. We

should think a man a coward who could swim, and would not

save a drowning girl for fear of spoiling his coat. He would

be indictable at common law. If a troop of wolves or tigers

were about to seize a man, and devour him, and you and I

could help him, it would be our duty to do so, even to peril

our own limbs and life for that purpose. If a man undertakes

to murder or steal a man, it is the duty of the bystanders

to help their brother, who is in peril, against wrong from

the two-legged man, as much as against the four-legged

beast. But suppose the invader who seizes the man is an

officer of the United States, has a commission in his

pocket, a warrant for his deed in his hand, 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 before? Can any piece of parchment make

right wrong, and wrong right?

"The fugitive has been a slave before: does the wrong you

committed yesterday, give you a natural right to commit

wrong afresh and continually? Because you enslaved this

man's father, have you a natural right to enslave his child?

The same right you would have to murder a man because you

butchered his father first. The right to murder is as much

transmissible by inheritance as the right to enslave! 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 bondage; to do it peaceably if

they can, forcibly if they must, but by all means to do it.

Will you stand by and see your countrymen, your

fellow-citizens of Boston, sent off to slavery by some

commissioner? Shall I see my own parishioners taken from

under my eyes and carried back to bondage, by a man whose

constitutional business it is to work wickedness by statute?

Shall I never lift an arm to protect him? When I consent to

that, you may call me a hireling shepherd, an infidel, a

wolf in sheep's clothing, even a defender of slave-catching

if you will; and I will confess I was a poor dumb dog,

barking always at the moon, but silent as the moon when the

murderer comes near.

"I am not a man who loves violence. I respect the sacredness

of human life. But this I say, solemnly, 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 bondage. I will

resist him as gently as I know how, but with such strength

as I can command; I will ring the bells, and alarm the

town; I will serve as head, as foot, or as hand to any body

of serious and earnest men, who will go with me, with no

weapons but their hands, in this work. I will do it as

readily as I would lift a man out of the water, or pluck him

from the teeth of a wolf, or snatch him from the hands of a

murderer. What is a fine of a thousand dollars, and jailing

for six months, to the liberty of a man? My money perish

with me, if it stand between me and the eternal law of God.

I trust there are manly men enough in this house to secure

the freedom of every fugitive slave in Boston, without

breaking a limb or rending a garment.

"One thing more I think is very plain, that the fugitive has

the same natural right to defend himself against the

slave-catcher, or his constitutional tool, that he has

against a murderer or a wolf. The man who attacks me to

reduce me to slavery, in that moment of attack alienates his

right to life, and if I were the fugitive, and could escape

in no other way, I would kill him with as little compunction

as I would drive a mosquito from my face. It is high time

this was said. What grasshoppers we are before the statute

of men! what Goliaths against the law of God! What

capitalist heeds your statute of usury when he can get

illegal interest? How many banks are content with _six per

cent._ when money is scarce? Did you never hear of a

merchant evading the duties of the custom-house? When a

man's liberty is concerned, we must keep the law, must we?

betray the wanderer, and expose the outcast?"[211]

[Footnote 211: 2 Occasional Sermons, 256, 257, 258.]

Gentlemen, you know what Mr. Commissioner Hallett said of such

language, said at the Union Meeting in Faneuil Hall.[212] He was only

fugitive slave bill commissioner then; in consequence of his denial of

the Higher Law of God he is now fugitive slave bill Attorney. You know

what Mr. Curtis said of the Sermon; now, in consequence he is Judge

Curtis--the fugitive slave bill Judge.

[Footnote 212: See above, p. 149.]

On the 14th of October there was another meeting at Faneuil Hall--the

Freesoilers came that time. The old flame of Liberty burnt anew in

Charles Francis Adams, who presided. Perhaps some of you remember the

prayer of the venerable Dr. Lowell which lifted up our souls to the

"Father of all men!" 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 liberties." I was appointed one of the Committee,

and subsequently Chairman of the Executive Committee of the Vigilance

Committee; a very responsible office, Gentlemen. At that meeting I

told of a fugitive from Boston, who that day had telegraphed to his

wife here, asking if it was safe for him to come back from Canada. I

asked the meeting, "Will you let him come back; how many will defend

him to the worst?" "Here a hand vote was taken," said the newspapers,

"a forest of hands was held up." Surely that was "evincing an express

liking" for an obstruction of the kidnappers. But did it violate the

law of 1790?

All this you might easily have known before. Here is something you did

not know. That Meeting, its Resolutions, its Speeches, its Action,

were brought up in the cabinet of the United States and discussed.

_Mr. Webster_, then Secretary of State, _wished to have Mr. Adams,

president of the meeting, presented to the grand-jury and indicted for

treason_! But the majority thought otherwise.

Gentlemen, when the kidnappers came to Boston I did some things of

which this court has not taken notice, and so I will not speak of them

now, but only tell your grandchildren of, if I live long enough.

Others did more and better than I could do, however. In due time they

will have their reward. One thing let me say now. When the two

brothers Curtis, with their kinsfolk and coadjutors, were seeking to

kidnap the Crafts, I took Ellen to my own house, and kept her there so

long as the (Southern) kidnappers remained in the city. For the first

time I armed myself, and put my house in a state of defence. For two

weeks I wrote my sermons with a sword in the open drawer under my

inkstand, and a pistol in the flap of the desk, loaded, ready, with a

cap on the nipple. Commissioner Curtis said "a process was in the

hands of the marshal ..." in the execution of which, he _might be

called upon to break open dwelling-houses, and perhaps to take life_,

by quelling resistance actual or "_threatened_." I was ready for him.

I knew my rights.

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 23 / 28 段