v. Several ministers of Boston came out and publicly, in sermons in

their own pulpits, defended the fugitive slave bill, and called on their parishioners to enforce the law!

Gentlemen of the Jury, need I tell you of the feelings of the Philanthropists of Boston,--of the colored citizens who were to be the victims of this new abomination! Within twenty-four hours of its passage more than thirty citizens of Boston, colored citizens, fled in their peril to a man whose delight it is to undo the heavy burthens and let the oppressed go free. While others were firing their joyful cannon at the prospect of kidnapping their brothers and sisters, Francis Jackson helped his fellow Christians into the ark of Deliverance which he set afloat on that flood of Sin. Gentlemen, he is here to-day--he is one of my bondsmen. There are the others--this venerable gentleman [Samuel May], this steadfast friend [John R. Manley.]

vi. It was not long before the kidnappers came here for their prey.

(1.) I must dwell a moment on the first attempt. Gentlemen of the Jury, you know the story of William and Ellen Craft. They were slaves in Georgia; their master was said to be a "very pious man," "an excellent Christian." Ellen had a little baby,--it was sick and ready to die. But one day her "owner"--for this wife and mother was only a piece of property--had a dinner party at his house. Ellen must leave her dying child and wait upon the table. She was not permitted to catch the last sighing of her only child with her own lips; other and ruder hands must attend to the mother's sad privilege. 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 upon. At length the moanings all were still--for Death took a North-side view of the little boy, 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 troubling. Ellen and William resolved to flee to the North. They cherished the plan for years; he was a joiner, and hired himself of his owner for about two hundred dollars a year. They saved a little money, and stealthily, piece by piece, they bought a suit of gentleman's clothes to fit the wife; no two garments were obtained of the same dealer. Ellen disguised herself as a man, William attending as her servant, and so they fled off and came to Boston. No doubt these Hon. Judges think it was a very "immoral" thing. Mr. Curtis knows no morality here but "legality." Nay, it was a wicked thing--for Mr. Everett, a most accomplished scholar, and once a Unitarian minister, makes St. Paul command "SLAVES, obey your masters!" Nay, Hon. Judge Sprague says it is a "precept" of our "Divine Master!"

Ellen and William lived here in Boston, intelligent, respected, happy. The first blow of the fugitive slave bill must fall on them. In October, 1850, one Hughes, a jailer from Macon, Georgia, a public negro-whipper, who had once beaten Ellen's uncle "almost to death," came here with one Knight, his attendant, to kidnap William and Ellen Craft. They applied to Hon. Mr. Hallett for a writ. Perhaps they had heard (false) rumors that the Hon. Commissioner was "a little slippery in his character;" that he was "not overscrupulous in his conduct;" that he "would do any dirty work for political preferment." Gentlemen, you know that such rumors will get abroad, and will be whispered of the best of men. Of course you would never believe them in this case: but a kidnapper from Georgia might; "distance lends" illusion, as well as "enchantment, to the view." But be that as it may, Mr. Hallett (in 1850) appeared to have too much manhood to kidnap a man. He was better than his reputation; I mean his reputation with Knight and Hughes, and would not (then) steal Mr. and Mrs. Craft. This is small praise; it is large in comparison with the conduct of his official brethren. But for the salvation of the Union another Commissioner was found who had no such scruples. This Honorable Court--Mr. Woodbury was then in the chief place, and Mr. Sprague in his present position--issued the writ of man-stealing. Two gentlemen of this city were eminently, but secretly, active in their attempt to kidnap their victim. I shall speak of them by and by. Somebody took care of Ellen Craft. William less needed help; he armed himself with pistols and a poignard, and walked in the streets in the face of the sun. He was a tall, brave man, and was quite as cool then as this Honorable Court is now, while I relate their "glorious first essay" in man-stealing. Public opinion at length drove the (southern) kidnappers from Boston. Then the Crafts also left the town and the country, and found in the Monarchical Aristocracy of Old England what the New England Democracy refused to allow them--protection of their unalienable right to Life, Liberty, and the pursuit of Happiness.

Gentlemen, the Evangelists of slavery could not allow a Southern kidnapper to come to Boston and not steal his man: they were in great wrath at the defeat of Hughes and Knights. So they procured a meeting at Faneuil Hall to make ready for effectual kidnapping and restoring Slavery to Boston. "The great Union meeting" was held at Faneuil Hall November 26th, 1850,--two days before the annual Thanksgiving; 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 Land, and the Harvest of the Sea, and still more for the State whose laws are Righteousness, and the Church that offers us "the Liberty wherewith Christ hath made us free," "the glorious Liberty of the Sons of God." Here are the Resolutions which were passed.

"Resolved, That the preservation of the Constitution and the Union is the paramount duty of all citizens;--that the blessings which have flowed from them in times past, which the whole country is now enjoying under them, and which we firmly believe posterity will derive from them hereafter, are incalculable; and that they vastly transcend in importance all other political objects and considerations whatever.

"Resolved, That it would be folly to deny that there has been and still is danger to the existence of the Union, where there is prevalent so much of a spirit of disunion, constantly weakening its strength and alienating the minds of one part of the people of the United States from another; and that if this spirit be not checked and restrained, and do not give way to a spirit of conciliation and of patriotic devotion to the general good of the whole country, we cannot expect a long continuance of the political tie which has hitherto made us one people; but must rather look to see groups of rival neighboring republics, whose existence will be a state of perpetual conflict and open war.

"Resolved, That all the provisions of the Constitution of the United States--the supreme law of the land--are equally binding upon every citizen, and upon every State in the Union;--that ALL laws passed by Congress, in pursuance of the Constitution, are equally binding on all the citizens, and no man is at liberty to resist or disobey any one constitutional act of Congress any more than another; and that we do not desire or intend to claim the benefit of any one of the powers or advantages of the Constitution, and to refuse, or seem to refuse, to perform any part of its duties, or to submit to any part of its obligations.

"Resolved, That the adjustment of the measures which disturbed the action of Congress for nearly ten months of its last session, ought to be carried out by the people of the United States in good faith, in all the substantial provisions; _because_, although we may differ with each other about the details of those measures, yet, in our judgment, a renewed popular agitation of any of the main questions then settled, would be fraught with new and extreme dangers to the peace and harmony of the country, which this adjustment has happily restored.

"Resolved, That every species and form of resistance to the execution of a regularly enacted law, 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 mischievous, and subversive of the first principles of social order, and tends to anarchy and bloodshed.

"Resolved, That men, who directly or indirectly instigate or encourage those who are or may be the subjects of legal process, to offer violent resistance to the officers of the law, deserve the reprehension of an indignant community, and the severest punishment which its laws have provided for their offence; and that we have entire confidence that any combination or attempt to fix such a blot upon the fair fame of our State or city, will be promptly rebuked and punished, by an independent and impartial judiciary, and by firm and enlightened juries.

"Resolved, That we will at all times, in all places, and under all circumstances, so far as our acts or influence may extend, sustain the Federal Union, uphold its Constitution, and enforce the duty of obedience to the laws."

A singular preparation for a Thanksgiving day in Boston! But on that festival, Gentlemen, three Unitarian ministers thanked God that the fugitive slave bill would be kept in all the land!

Several speeches were made at the meeting, some by Whigs, some by Democrats, for it was a "Union meeting," where Herod and Pilate were made friends. Gentlemen, I must depart a little from the severity of this defence and indulge you with some of the remarks of my distinguished opponent, Hon. Attorney Hallett: then he was merely a lawyer, and fugitive slave bill Commissioner, appointed "to take bail, affidavits," and colored men,--he was only an expectant Attorney. His speech was a forerunner of the "Indictment" which has brought us together. Hearken to the words of Mr. Hallett in his "preparatory lecture:"--

"We can now say that there is no law of the United States which cannot be executed in Massachusetts. If there was any doubt before, _there can be no doubt now_; and if there be any wild enough hereafter to resort to a fancied 'Higher Law' to put down law [that is, the fugitive slave bill], they will find in your determined will a stronger law to sustain _all the laws of the United States_." "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 away]. _And shall Massachusetts nullify that law?_" "The question for us to-day is whether we will in good faith abide by, and carry out these _Peace Measures_ [for the rendition of fugitive slaves, the new establishment of Slavery in Utah and New Mexico, and the restoration of it to all the North] or whether we shall rush into renewed agitation," etc. "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 is, the fugitive slave bill]. Some of our fellow-citizens have avowed that the fugitive slave bill is to be treated like the _Stamp Act_, and never to be enforced in Massachusetts. If that means any thing, it means that which our fathers meant when they resisted the Stamp Act and threw the tea overboard--Revolution.[181] _It_ [opposition to the fugitive slave bill] _is revolution, or it is treason. If it only resists law, and obstructs its officers, it is treason; and he who risks it, must risk hanging for it._"[182]

[Footnote 181: The learned counsel for the fugitive slave bill confounds two events. The Stamp Act was passed March 22d, 1765, and repealed the 28th of the next March. The tea was destroyed December 16th, 1773.]

[Footnote 182: Report in Boston Courier of November 27th, 1850.]

Gentlemen, that meeting determined to execute the fugitive slave bill "with all its provisions, to the fullest extent." It is dreadful to remember the articles in the Daily Advertiser and the Courier at that period. Some of the sermons in the Churches of Commerce on the following Thursday, Thanksgiving day, were filled with the most odious doctrines of practical atheism. The "preparatory meeting" had its effect. Soon the seed bore fruit after its kind. But some ministers were faithful to their Brother and their Lord.

(2.) February 15th, 1851, a colored man named "Shadrach" was arrested under a warrant from that Commissioner who had been so active in the attempt to kidnap Mr. and Mrs. Craft. But a "miracle" was wrought: "where sin abounded Grace did much more abound," and "the Lord delivered him out of their hands." Shadrach went free to Canada, where he is now a useful citizen. He was rescued by a small number of colored persons at noonday. The kidnapping Commissioner telegraphed to Mr. Webster, "It is levying war--it is treason." Another asked, "What is to be done?" The answer from Washington was, "Mr. Webster was very much mortified."

On the 18th, President Fillmore, at Mr. Webster's instigation, issued his proclamation calling on all well disposed citizens, and _commanding all officers_, "civil and military, to aid and assist in quelling this, and all other such combinations, _and to assist in recapturing the above-named person_" Shadrach. General orders came down from the Secretaries of War and the Navy, commanding the _military and naval officers to yield all practicable assistance_ in the event of such another "_insurrection_." The City Government of Boston passed Resolutions regretting that a man had been saved from the shackles of slavery; cordially approving of the President's proclamation, and promising their earnest efforts to carry out his recommendations. At that time Hon. Mr. Tukey was Marshal; Hon. John P. Bigelow was Mayor; Hon. Henry J. Gardner, a man equally remarkable for his temperance, truthfulness, and general integrity, was President of the Common Council.

It was not long, Gentlemen, before the City Government had an opportunity to keep its word.

(3.) On the night of the 3d of April, 1851, Thomas Sims was kidnapped by two police officers of Boston, pretending to arrest him for theft! Gentlemen of the Jury, you know the rest. He was on trial nine days. He never saw the face of a jury, a judge only once--who refused the _Habeas Corpus_, the great "Writ of Right." That judge--I wish his successors may better serve mankind--has gone to his own place; where, may God Almighty have mercy on his soul! You remember, Gentlemen, the chains round the Court House; the Judges of your own Supreme Court crawling under the southern chain. You do not forget the "Sims Brigade"--citizen soldiers called out and billeted in Faneuil Hall. You recollect the Cradle of Liberty shut to a Free Soil Convention, but open to those hirelings of the Slave Master. You will never forget the Pro-Slavery Sermons that stained so many Boston pulpits on the "Fast-day" which intervened during the mock trial!

Mr. Sims had able defenders,--I speak now only of such as appeared on his behalf, others not less noble and powerful, aided by their unrecorded service--Mr. Sewall, Mr. Rantoul, men always on the side of Liberty, and one more from whose subsequent conduct, Gentlemen of the Jury, I grieve to say it, you would not expect such magnanimity then, Mr. Charles G. Loring. But of what avail was all this before such a Commissioner? Thomas Sims was declared "a chattel personal to all intents, uses, and purposes whatsoever." After it became plain that he would be decreed a slave, the poor victim of Boston kidnappers asked one boon of his counsel, "I cannot go back to Slavery," said he, "give me a knife, and when the Commissioner declares me a slave I will stab myself to the heart, and die before his eyes! I will not be a slave." The knife was withheld! At the darkest hour of the night Mayor Bigelow and Marshal Tukey, suitable companions, admirably joined by nature as by vocation, with two or three hundred police-men armed, some with bludgeons, some with drawn swords and horse pistols, took the poor boy out of his cell, chained, weeping, and bore him over the spot where, on the 5th of March, 1770, the British tyrant first shed New England blood; by another spot where your fathers and mine threw to the ocean the taxed tea of the oppressor. They put him on board a vessel, the "_Acorn_," and carried him off to eternal bondage. "And this is Massachusetts liberty!" said he, as he stepped on board. Boston sent her Delegates to escort him back, and on the 19th of April, 1851, she delivered him up to his tormentors in the jail at Savannah, where he was scourged till human nature could bear no more, while his captors were feasted at the public cost. Seventy-six years before there was another 19th of April, also famous!

(4.) Then came the examination and "trial" of the Shadrach Rescuers in February and the following months. Some of these trials took place before his Honor Judge Peleg Sprague. Therefore, you will allow me, Gentlemen, to refresh your memories with a word or two respecting the antecedents of this Judge--his previous history.

In 1835 the abolition of Slavery in the British West Indies and the efforts of the friends of Freedom in the Northern States, excited great alarm at the South, lest the "peculiar institution" should itself be brought into peril. Fear of a "general insurrection of the slaves" was talked about and perhaps felt. The mails were opened in search of "incendiary publications;" a piano-forte sent from Boston to Virginia, was returned because the purchaser found an old copy of the "Emancipator" in the case which contained it. Public meetings for the promotion of American Slavery were held. There was one at Boston in Faneuil Hall, August 21, 1835, at which a remarkable speech was made by a lawyer who had graduated at Harvard College in 1812, a man no longer young, of large talents and great attainments in the law. He spoke against discussion, and in behalf of Slavery and Slaveholders: he could see no good, but only unmixed evil "consequent upon agitating this subject here." He said:--

"When did fear ever induce a man to relax his power over the object that excited it? No, he will hold him down with a stronger grasp, he will draw the cords tighter, he will make the chains heavier and sink his victim to a still deeper dungeon."

"The language and measures of the abolitionists clearly tend to insurrection and violence." "They [the slaves] hear that their masters have no legal or moral authority over them. That every moment's exercise of such dominion is sin, and that the laws that sanction it are morally void: that they are entitled to immediate emancipation, and that their masters are to be regarded as kidnappers and robbers for refusing it." "It is deluding these unfortunate beings to their own destruction, we should not aid them. The Constitution provides for the suppressing of insurrections ... we should respond to its call [if the slaves attempted to recover their liberty]; nay, we should not wait for such a requisition, but on the instant should rush forward with fraternal emotions to defend our brethren from desolation and massacre."

"The South will not tolerate our interference with their slaves, [by our discussing the matter in the newspapers and elsewhere]." "The Union then, if used to disturb this institution of Slavery, will be then as the 'spider's web; a breath will agitate, a blast will sweep it away forever.'"

"If, then, these abolitionists shall go on ... the fate of our government is sealed.... And who will attempt to fathom the immeasurable abyss of a dissolution of the Union?"

"Tell the abolitionists this; present to them in full array the consequences of their attempts at immediate emancipation, and they meet all by a cold abstraction. They answer, '_We must do right regardless of consequences._'" "They assume that such a course [undoing the heavy burthens and letting the oppressed go free, and loving your neighbor as yourself] _is_ right. When that is the very point in controversy, and when inevitable consequences demonstrate that it must be wrong."

"They [the abolitionists] insist upon immediate, instantaneous emancipation.... No man, say they, can be rightfully restrained of his liberty except for crime." "They come to the conclusion that no laws that sanction or uphold it [Slavery] can have any moral obligation. The Constitution is the Supreme law of the land. It does sanction, it does uphold Slavery; and if this doctrine be true, that sacred compact has always been [so far] morally null and void." "He [Washington] THAT SLAVEHOLDER ... came with other Slaveholders to drive the British myrmidons from this city and this Hall. Our fathers did not refuse to hold communion with him or with them. With Slaveholders they formed the Confederation ... with them they made the Declaration of Independence." "And in the original draft of the Declaration was contained a most _eloquent passage upon this very topic of negro Slavery, which was stricken out in deference to the wishes of members from the South_." "Slavery existed then as now." "Our fathers were not less devoted friends of liberty, not less pure as philanthropists or pious as Christians than any of their children of the present day." [Therefore _we_ must not attempt to emancipate a slave!]

Here is the passage which the speaker thought it so praiseworthy in the Revolutionary Congress to strike out from the Declaration of Independence:--

"He [the king] has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of INFIDEL nations, is the warfare of the CHRISTIAN King of Great Britain. Determined to keep open a market where MEN should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished dye, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he also obtruded them: thus paying off former crimes committed against the LIBERTIES of one people with crimes which he urges them to commit against the LIVES of another."

Mr. Jefferson says, "It was struck out in _compliance to South Carolina and Georgia_, who had never attempted to restrain the importation of slaves, and who, on the contrary, still wished to continue it. Our Northern brethren also, I believe, felt a little tender under it, for though their people have very few slaves themselves, yet they have been pretty considerable carriers of them to others."

* * * * *

But the orator went on protesting against righteousness:--

"I would beseech them [the Abolitionists] to discard their dangerous abstractions [that men are endowed by their Creator with certain natural, equal, and unalienable Rights--to Life, Liberty, and the Pursuit of Happiness] which they [in common with the Declaration of Independence] adopt as universal rules of human conduct--without regard to time, condition, or circumstances; which _darken the understanding and mislead the judgment_, and urge them forward to consequences from which they will shrink back with horror. I would ask them to reflect that ... the religion they profess is not to be advanced by forgetting the precepts and the example of their Divine Master. Upon that example I would ask them to pause. He found Slavery, Roman Slavery, an institution of the country in which he lived. Did he denounce it? Did he attempt its immediate abolition? Did he do any thing, or say any thing which could in its remotest tendency encourage resistance and violence? No, his precept was, 'Servants (Slaves) obey your Masters.'"[183] "It was because _he would not interfere with the administration of the laws, or abrogate their authority_."

[Footnote 183: The learned counsel for the slaveholders probably referred to Eph. vi. 5; or Coloss. iii. 22; or Tit. ii. 9; or 1 Pet. ii. 18.]

Gentlemen of the Jury, this alleged precept of the "Divine Master" does not occur in any one of the four canonical Evangelists of the New Testament; nor have I found it in any of those Spurious and Apocryphal Records of old time. It appears originally in the Gospel according to the Hon. Peleg Sprague. "Slaves, obey your masters," "a comfortable Scripture" truly; a beatitude for the stealers of men!

Gentlemen of the Jury, that was the language of Mr. Peleg Sprague at the time when the State of Georgia offered $5,000 for the head of Mr. Garrison; when the Governors of Virginia and other Slave States, sent letters to the Governor of Massachusetts asking for "penal statutes" to prohibit our discussion in Boston; 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 Slavery. Gentlemen of the Jury, Mr. Sprague had his reward--he sits on the bench to try me for a "misdemeanor"--"obstructing, resisting, and opposing an officer of the United States," "while in the discharge of his duty" to steal a man in Boston, that his "owner" might sell him in Richmond. The "chief commandment" of the New Testament is, "Slaves, obey your masters;" on that commandment he would now hang all the law, and the Abolitionists.

It would take a long time to tell the dark, sad tale of the trial of the Shadrach Rescuers; how the Judge constructed and charged the Jury; how he constructed his "law." It was the old story of the Stuart despotism, wickedness in the name of the law and with its forms. Gentlemen, in that trial you saw the value of the jury. The Judges of Massachusetts went under the chain which the kidnappers placed about the Court House in 1851. The Federal Judges sought to kidnap the citizens of Boston and to punish all such as opposed man-stealing. The Massachusetts Judges allowed the law, which they had sworn to execute, to be struck down to the ground; nay, themselves sought to strike it down. The Federal Judges perverted the law to make it an instrument of torture against all such as love mankind. But the jury held up the Shield of Justice, and the poisoned weapons of the court fell blunted to the ground. The government took nothing by that motion--nothing but defeat. There was no conviction. One of the jurors said, "You may get one Hunker on any panel; it is not easy to get twelve. There was no danger of a conviction." But still it is painful to think in what peril our lives and our liberties then were.

(5.) At length came the "Burns case." You know it too well. On the night of Wednesday, May 26, 1854, in virtue of Commissioner Loring's warrant, Anthony Burns was arrested on the charge of burglary, and thrust into jail. The next morning he was brought up for condemnation. Two noble men, Mr. Dana and my friend Mr. Ellis, defended Mr. Burns. There was to be no regular trial before Commissioner Loring.

On the evening of Friday, May 28th, there was a meeting at Faneuil Hall, and an attack on the Court House where Mr. Burns was illegally held in duress. In the attack a Mr. Batchelder was killed,--a man hired to aid in this kidnapping, as he had been in the stealing of Mr. Sims. To judge from the evidence offered before the Grand-Jury of the Massachusetts Court, and especially from the testimony of Marshal Freeman, it appears he was accidentally killed by some of his own confederates in that wickedness, and before the door of the Court House was broken through. But that is of no consequence: as Mr. Dana has said, "He went in for his pay, and has got his _corn_." On Friday, June 4th, Mr. Burns was declared a slave by Commissioner Loring and delivered up to eternal bondage.

It seems to be in consequence of my connection with this case that I am indicted; so you now approach the end of this long defence. I come to the last part of it.

* * * * *

(III.) Of the Indictment against Theodore Parker.

I am indicted, gentlemen, for "resisting an officer" who was engaged in kidnapping Mr. Burns; and it is charged that I, at Boston, May 26th, "with force and arms did knowingly and wilfully, obstruct, resist, and oppose, ... Watson Freeman, then and there being an officer of the United States, to the great damage of the said Watson Freeman; to the great hinderance and obstruction of justice, [to wit, of the kidnapping of Anthony Burns,] to the evil example of all others in like case offending, against the peace and dignity of the said United States and contrary to the form of the statute made and provided."

It is also charged that "one Theodore Parker of Boston, ... with force and arms in and upon the said Watson Freeman, then and there, in the peace of the said United States being, an assault did make, he the said Freeman also then and there being an officer of the said United States, to wit, Marshal of the United States, ... and then and there also being in the due and lawful discharge of his duties as such officer" [to wit, stealing and kidnapping one Anthony Burns]. These and various other pleasant charges, Mr. Hallett, in the jocose manner of indictments, alleges against me; wherefrom I must defend myself, as best I may.

* * * * *

Now, Gentlemen, that you may completely understand the accusation brought against me, I must go back a little, 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 far;--and also rally some new forces not before drawn into the line of defence. I must speak of the Hon. Justice Curtis; of his conduct in relation to Slavery in general, to this particular prosecution, and to this special case, _United States_ vs. _Theodore Parker_.

First, Gentlemen, let me speak of some events which preceded Mr. Curtis's elevation to his present distinguished post. To make the whole case perfectly clear, I must make mention of some others intimately connected with him.

There is a family in Boston which may be called the Curtis family. So far as it relates to the matter in hand, it may be said to consist of six persons, namely, Charles P. Curtis, lawyer, and Thomas B. Curtis, merchant, sons of the late Thomas Curtis; Benjamin R. Curtis, by birth a kinsman, and by marriage a son-in-law of Charles P. Curtis, late a practising lawyer, now this Honorable Judge of the Supreme Court of the United States, and his brother, George T. Curtis, lawyer, and United States Commissioner for the District of Massachusetts; Edward G. Loring, a step-son of the late Thomas Curtis, and accordingly step-brother of Charles P. and Thomas B. Curtis, lawyer, Judge of Probate for Boston, United States Commissioner, and, until recently, Lecturer at the Cambridge Law School; and also William W. Greenough, son-in-law of Charles P. Curtis, merchant.

This family, though possessing many good qualities, has had a remarkably close and intimate connection with all, or most, of the recent cases of kidnapping in Boston. Here are some of the facts, so painful for me to relate, but so indispensable to a full understanding of this case.

1. In 1836 Charles P. Curtis and Benjamin R. Curtis appeared as counsel for the slave-hunters in the famous case of the girl Med, originally a slave in the West Indies, and brought to Boston by her mistress. Med claimed her freedom on the ground that slavery was not recognized by the laws of Massachusetts, and could not exist here unless it were in the special case, under the Federal Constitution, of fugitives from the slave States of this Union. The Messrs. Curtis contended with all their skill--_totis viribus_, as lawyers say--that slavery might, by legal comity, exist in Massachusetts--that slaves were property by the law of nations; and that an ownership which is legal in the West Indies continued in Boston, at least so far as to leave the right to seize and carry away.

Mr. Charles P. Curtis had already appeared as counsel for a slave-hunter in 1832, and had succeeded in restoring a slave child, only twelve or fourteen years of age, to his claimant who took him to Cuba with the valuable promise that he should be free in the Spanish West Indies.[184]

[Footnote 184: Daily Advertiser, Dec. 7th, 1832. Mr. Sewall, the early and indefatigable friend of the slave, asked the Court to appoint a guardian _ad litem_ for the child, who was not 14, who should see that he was not enslaved. But the slaveholder's counsel objected, and the Judge (Shaw) refused; yet to his honor be it said in a similar case in 1841, when Mr. Sewall was counsel for a slave child under the same circumstances, he delivered him to a guardian appointed by the Probate Court. 3 Metcalf, 72.]

In the Med case Mr. Benjamin R. Curtis made a long and elaborate argument to show that "a citizen of a slaveholding State, who comes to Massachusetts for a temporary purpose of business or pleasure and brings his slave as a personal attendant, may restrain that slave for the purpose of carrying him out of the State and returning him to the domicil of his owner." To support this proposition, he made two points:--

"1. That this child by the law of Louisiana is _now_ a slave."

"2. That the law of Massachusetts will so far recognize and give effect to the law of Louisiana, as to allow the master to exercise this restricted power over his slave." That is, the power to keep her here as a slave, to remove her to Louisiana, and so make her a slave for ever and her children after her.

To prove this last point he says by quotation, "we always _import_, together with their persons, _the existing relations of foreigners between themselves_." So as we "import" the natural relation of husband and wife, or parent and child, in the Irish immigrants, and respect the same, we ought equally to import and respect the unnatural and forcible relation of master and slave in our visitors from Cuba or Louisiana.

"It will be urged," he said, "that though we claim to exercise only a qualified and limited right over the slave, namely the right to remove him from the State, yet if this is allowed, all the rights of the master must be allowed, ... and thus Slavery will be introduced into the Commonwealth. To this I answer,

"(1.) There is no practical difficulty in giving this qualified effect to the law of Louisiana, [allowing the master to bring and keep his slaves here and remove them when he will]. The Constitution of the United States has settled this question. That provides for and secures to the master, the exercise of his right to the very extent claimed in this case."

"(2.) Neither is there any theoretical difficulty."

To do this, he thinks, will "promote harmony and good feeling, where it is extremely desirable to promote it, encourage frequent intercourse, and soften prejudices by increasing acquaintance, and tend to peace and union and good-will." "It will work no injury to the State [Massachusetts], by violating any public law of the State. The only law in the statute-book applicable to the subject of Slavery is the law against kidnapping." "It will work no direct injury to the citizens of this State for, ... it respects only strangers." "It is consistent with the public policy of Massachusetts, to permit this ... right of the master." "_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 exist_, but _even to interfere actively to enable the citizens of those States to enjoy those institutions at home._" That is, it may be the duty of Massachusetts, "to interfere actively" in Louisiana for the establishment and support of Slavery there!

Pennsylvania, New York, New Jersey, and Rhode Island, he adds, have made laws allowing the slaveholder this right: "The legislatures of those States are the legitimate and highest authority in regard to their public policy; what they have declared on this subject, must be deemed to be true.... We are not at liberty to suppose that it is contrary to their public policy, that the master should exercise this right within their territory. I respectfully ask what difference there is between the policy of Pennsylvania, New York, Rhode Island, and New Jersey, and the policy of Massachusetts, on the subject of Slavery."

"I shall now attempt," he adds, "to prove that _Slavery is not immoral_." How do you think he proved that? Did he cite the Bible? No, he left that to lower law divines. Did he manufacture Bible? No, the Hon. Peleg Sprague had sufficiently done that a year before. He took a shorter cut--he denied there was any morality but Legality. "I take it to be perfectly clear," said this young man in all the moral enthusiasm of his youth, "that the Standard of Morality by which Courts of Justice are to be guided is that which the law prescribes. Your Honors' Opinion as Men or as Moralists has no bearing on the question. Your Honors are to declare what the Law deems moral or immoral."

Gentlemen, that needs no comment; this trial is comment enough. But according to that rule no law is immoral. It was "not immoral" in 1410 to hang and burn thirty-nine men in one day for reading the Bible in English; the Catholic Inquisition in Spain was "not immoral;" the butchery of Martyrs was all right soon as lawful! There is no Higher Law!

It was "not immoral" for the servants of King Pharaoh to drown all the new-born Hebrew boys; nor for Herod's butchers to murder the Innocents at Bethlehem. Nay, all the atrocities of the Saint Bartholomew Massacres, Gentlemen, they were "not immoral," for "the Standard of Morality" is "that which the law prescribes." So any legislature that can frame an act, any tyrant who can issue a decree, any court which can deliver an "opinion," can at once nullify the legislation of the Universe and "dissolve the union" of Man and God: "Religion has nothing to do with politics; there it makes men mad." Is that the doctrine of Young Massachusetts? Hearken then to the Old. In 1765 her House of Representatives unanimously resolved that "there are certain essential Rights ... which are founded on the Law of God and Nature, and are the Common Rights of Mankind, and that the inhabitants of this Province are unalienably entitled to these essential Rights in common with all men, and _that no law of Society ... can divest them of these Rights_." No "Standard of Morality" but Law! A thousand years before Jesus of Nazareth taught his Beatitudes of Humanity, the old Hebrews knew better. Hearken to a Psalm nearly three thousand years old.

Among the assemblies of the great, A Greater Ruler takes his seat; The God of Heaven, as Judge, surveys Those Gods on earth, and all their ways. Why will ye, then, frame wicked laws? Or why support the unrighteous cause? When will ye once defend the poor, That sinners vex the Saints no more? Arise, oh Lord, and let thy Son Possess his universal Throne, And rule the nations with his rod; He is our Judge, and he our God.

"By the _law of this Commonwealth_," added Mr. Curtis, "_Slavery is not immoral._ By the Supreme law of this Commonwealth Slavery is not only recognized as a valid institution, but to a certain extent is incorporated into our own law. Before you [the court] rise from your seats, you may be called upon by the master of a fugitive slave, to grant a certificate ... which _will put the whole force of the Commonwealth at his disposal, to remove his slave from our Territory_."

Gentlemen of the Jury, that was conquering his prejudices "with alacrity;" it was obeying the fugitive slave bill fourteen years before it was heard of.

He adds still further, by quotation, "I have no doubt but the citizen of a Slave State has a right to pass, upon business or pleasure, through any of the States attended by his slaves--and his right to reclaim his slave would be unquestioned. An escape from the attendance upon the person of his master, while on a journey through a free State, should be considered as an escape from the State where the master had a right of citizenship."

Mr. Charles P. Curtis thus sustained his kinsman:--

"Is that to be considered immoral which the Court is bound to assist in doing? _It is not for us to denounce as_ legally _immoral a practice which is permitted_ and sanctioned _by the supreme law of the land_!" "It is said the practice of Slavery is corrupting in its influence on public morals. But the practice of bringing slaves here was much more common thirty years ago than now. If this practice be so corrupting, why is it tolerated in other States?"... "The law of New York allows even foreigners to go there with their slaves; and have the morals of that State suffered in consequence? In Pennsylvania the law is similar, but where is the evidence of its pernicious influence?" "As to the _right to using them_, [the slaves voluntarily brought here by their masters,] _notwithstanding the supposed horror at such an admission_, the legislatures of New York and Pennsylvania, Rhode Island and New Jersey, have actually enacted statutes allowing precisely that privilege."[185]

[Footnote 185: Med. Case, 1836.]

But the Supreme Court of Massachusetts held otherwise. Med was declared free. Chief Justice Shaw covered himself with honor by his decision. And soon after, (Aug. 29,) the Daily Advertiser, the "organ" of the opinions of this family, said:--

"In some of the States there is ... legislative provision for cases of this sort, [allowing masters to bring and hold slaves therein,] and it would seem that _some such provision is necessary in this State_, unless we would prohibit citizens of the Slave States from travelling in this State with their families, and unless we would permit such of them as wish to emancipate their slaves, to throw them, at their pleasure, upon the people of this State."

Gentlemen, Mr. Curtis in 1836 contended for all which Mr. Toombs boasts he shall get--the right of the slaveholder to sit down at the foot of Bunker Hill monument with his slaves! Nay, Mr. Curtis granted more: it may be the duty of Massachusetts "to interfere actively," and establish slavery in Louisiana, or in Kansas. It may be said, this was only a lawyer pleading for his client. It was--a lawyer asking the Supreme Court of Massachusetts to establish slavery in this Commonwealth. Is it innocent in a lawyer to ask the court to do a wicked thing, to urge the court to do it? Then is it equally innocent to ask the Treasurer of a Railroad to forge stock, or an editor to publish lies, or a counterfeiter to make and utter base coin, or an assassin to murder men. Surely it is as innocent to urge men to kidnap blacks in Africa as in Boston.

Gentlemen, That declaration--that the Statute supersedes natural Justice, and that the only "Standard of Morality" by which the courts are to be guided is "that which the law prescribes"--deserves your careful consideration. "He that squares his conscience by the law is a scoundrel"--say the proverbs of many nations. What do you think of a man who knows no lawgiver but the General Court of Massachusetts, or the American Congress: no Justice but the Statutes? If Mr. Curtis's doctrine is correct, then Franklin, Hancock, Adams, Washington, were only Rebels and Traitors! They refused that "Standard of Morality." Nay, our Puritan Fathers were all "criminals;" the twelve Apostles committed not only "misdemeanors" but sins; and Jesus of Nazareth was only a malefactor, a wanton disturber of the public peace of the world!

The slave child Med, poor, fatherless, and unprotected, comes before the Supreme Court of Massachusetts, claiming her natural and unalienable Right to Liberty and the Pursuit of Happiness,--if not granted she is a slave for ever. In behalf of her wealthy "owner" Mr. Curtis resists the girl's claim; tells the court she "is now a slave;" there is "no practical difficulty" in allowing the master to keep her in that condition, no "theoretical difficulty;" "slavery is not immoral;" it may be the duty of Massachusetts not only to recognize slavery at home, but also "even to interfere actively" to support slavery abroad; the law is the only "Standard of Morality" for the courts; that establishes slavery in Massachusetts! Gentlemen, what do mankind say to such sophistry? Hearken to this Hebrew Bible: "Wo unto them that decree unrighteous decrees, and that write grievousness which they have prescribed, to turn aside the needy from judgment, and to take away the Right from the poor of my people, that widows may be their prey, and _that they may rob the fatherless_." Let the stern Psalm of the Puritans still further answer from the manly bosom of the Bible.

"Judges who rule the world by laws, Will ye despise the righteous cause, When the injured poor before you stands? Dare ye condemn the righteous poor And let rich sinners 'scape secure, While Gold and Greatness bribe your hands?

"Have ye forgot, or never knew, That God will judge the judges too? High in the Heavens his Justice reigns; Yet you invade the rights of God, And send your bold decrees abroad, To bind the Conscience in your chains.

"Break out their teeth, eternal God, Those teeth of lions dy'd in blood; And crush the serpents in the dust; As empty chaff, when whirlwinds rise, Before the sweeping tempest flies, So let their hopes and names be lost.

"Thus shall the Justice of the Lord Freedom and peace to men afford; And all that hear shall join and say, Sure there's a God that rules on high, A God that hears his children cry, And all their sufferings will repay."

2. After Mr. Webster had made his speech of March 7, 1850, pledging himself and his State to the support of the fugitive slave bill, then before Congress, "to the fullest extent," Thomas B. Curtis, with the help of others, got up a letter to Mr. Webster, dated March 25, 1850, signed, it is said, by 987 persons, who say: "We desire to express to you our deep obligations for what this speech has done and is doing." "You have pointed out to a whole people the path of duty, have convinced the understanding and touched the conscience of the nation." "We desire, therefore, to express to you our entire concurrence in the sentiments of your speech."

3. A little later, Mr. Webster returned to Boston, and was "rapturously received" at the Revere House, April 29, 1850, by a "great multitude," when Benjamin R. Curtis made a public address, and expressed his "abounding gratitude for the ability and fidelity" which Mr. Webster had "brought to the defence of the Constitution and of the Union," and commended him as "_eminently vigilant, wise, and faithful to his country, without a shadow of turning_."

4. Presently, after the passage of the fugitive slave bill, at a dinner party, at the house of a distinguished counsellor of Boston, Charles P. Curtis declared that he hoped the first fugitive slave who should come to Boston would be seized and sent back!

5. Charles P. Curtis and his step-brother Edward G. Loring, and George T. Curtis, defended the fugitive slave bill by writing articles in the _Boston Daily Advertiser_.

6. In November, 1850, the slave-hunters, thus invited and encouraged, came to Boston, seeking to kidnap William and Ellen Craft: but they in vain applied to Commissioner Benj. F. Hallett, and to Judges Woodbury and Sprague, for a warrant to arrest their prey. Finally, they betook themselves to Commissioner George T. Curtis, who at once agreed to grant a warrant; but, according to his own statement, in a letter to Mr. Webster, Nov. 23, 1850, as he anticipated resistance, and considered it very important that the Marshal should have more support than it was in his power as a Commissioner to afford, he procured a meeting of the Commissioners, four in number, and with their aid succeeded in persuading the Circuit Court, then in session, to issue the warrant.

Gentlemen, as that letter of Mr. George T. Curtis contains some matters which are of great importance, you will thank me for refreshing your memory with such pieces of history.

"An application [for a warrant to arrest Mr. Craft] had already been made to the judges [Messrs. Woodbury and Sprague] privately ... they could not grant a warrant on account of the pendency of an important Patent Cause then on trial before a jury." "To this I replied, that ... the ordinary business of the Court ought to give way for a sufficient length of time, to enable the judges to receive this application and to hear the case." "On a private intimation to the presiding judge of our desire to confer with him [the desire of the kidnapping commissioners, Mr. B.F. Hallett, Mr. Edward G. Loring, Mr. C.L. Woodbury, and Mr. G.T. Curtis] the jury were dismissed at _an earlier hour than usual, ... and every person present except the Marshal's deputies left the room, and the doors were closed_." "The learned Judge said ... that he would attend at half past eight the next morning, to grant the warrant." "A process was placed in the hands of the Marshal ... in the execution of which he might be called upon to _break open dwelling-houses, and perhaps take life_, by quelling resistance, actual or _threatened_." "I devoted at once a good deal of time to the necessary investigations of the subject." "There is a great deal of legislation needed to make the general government independent of State control," says this "Expounder of the Constitution," "and independent of the power of mobs, whenever and wherever its measures chance to be unpopular." "The office of United States Marshal is by no means organized and fortified by legislation as it should be to encounter popular disturbance."

7. The warrant having been issued for the seizure of Mr. Craft, Marshal Devens applied to Benjamin R. Curtis for legal advice as to the degree of force he might use in serving it, and whether it ought to be regarded as a civil or a criminal process. George T. Curtis was employed by his brother to search for authorities on these points. They two, together, as appears from the letter of George T. Curtis to Mr. Webster, induced Marshal Devens to ask a further question, which gave Benjamin R. Curtis an opportunity to come out with an elaborate opinion in favor of the constitutionality of the fugitive slave bill, dated November 9, 1850. This was published in the newspapers. In order to maintain the constitutionality of this act, Benjamin R. Curtis was driven to assume, as all its defenders must, that the Commissioner, in returning the fugitive, performs none of the duties of a Judge; that the hearing before him is not "a case arising under the laws of the United States;" that he acts not as a judicial, but merely as an executive and "ministerial" officer--not deciding him to be a slave, but merely giving him up, to enable that point to be tried elsewhere.[186] But, spite of this opinion, public justice and the Vigilance Committee forced the (Southern) slave-hunters to flee from Boston, after which, Mr. and Mrs. Craft left America to find safety in England, the evident rage and fierce threats of the disappointed Boston slave-hunters making it unsafe for them to remain.

[Footnote 186: On this see Hildreth's Despotism, 262, 280. Commissioner Loring considers that the fugitive slave bill commissioners have "_judicial_ duties." Remonstrance to General Court, 2.]

8. After the failure of this attempt to arrest Mr. Craft, Thomas B. Curtis got up a "Union Meeting" at Faneuil Hall, November 26, 1850.[187] The call was addressed to such as "regard with disfavor all further popular agitation" of the subject of Slavery. Thomas B. Curtis called the meeting to order: William W. Greenough, from the "Committee of Arrangements," presented the resolutions, which you have already heard.[188] It was said at the time that they were written, wholly or in part, by Mr. Benjamin R. Curtis, who moved their adoption and made a long and elaborate speech thereon.

[Footnote 187: See Mr. Curtis's letter in Daily Advertiser of February 7, 1855.]

[Footnote 188: See above, p. 148, 149.]

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.

"Such is the law, and it would seem that no just mind could doubt its propriety. If persons having influence over others use that influence to induce the commission of crime, while they themselves remain at a safe distance, that must be deemed a very imperfect system of law which allows them to escape with impunity. Such is not our law. It treats such advice as criminal, and subjects the giver of it to punishment according to the nature of the offence to which his pernicious counsel has led. If it be a case of felony, he is by the common law an accessory before the fact, and by the laws of the United States and of this State, is punishable to the same extent as the principal felon. If it be a case of misdemeanor, the adviser is himself a principal offender, and is to be indicted and punished as if he himself had done the criminal act. It may be important for you to know what, in point of law, amounts to such an advising or counselling another as will be sufficient to constitute this legal element in the offence. It is laid down by high authority, that though a mere tacit acquiescence, or words, which amount to a bare permission, will not be sufficient, yet such a procurement may be, either by direct means, as by hire, counsel, or command, or indirect, by evincing an express liking, approbation, or assent to another's criminal design. From the nature of the case, the law can prescribe only general rules on this subject. My instruction to you is, that language addressed to persons who immediately afterwards commit an offence, actually intended by the speaker to incite those addressed to commit it, and adapted thus to incite them, is such a counselling or advising to the crime as the law contemplates, and the person so inciting others is liable to be indicted as a principal.

"In the case of the _Commonwealth_ v. _Bowen_ (13 Mass. R. 359), which was an indictment for counselling another to commit suicide, tried in 1816, Chief Justice Parker instructing the jury, and speaking for the Supreme Court of Massachusetts, said:--

"'The government is not bound to prove that Jewett would not have hung himself, had Bowen's counsel never reached his ear. The very act of advising to the commission of a crime is of itself unlawful. The presumption of law is that advice has the influence and effect intended by the adviser, unless it is shown to have been otherwise; as that the counsel was received with scoff, or was manifestly rejected and ridiculed at the time it was given. 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 Bowen. Without doubt he was a hardened and depraved wretch; but it is in man's nature to revolt at self-destruction. When a person is predetermined upon the commission of this crime, the seasonable admonitions of a discreet and respected friend would probably tend to overthrow his determination. On the other hand, the counsel of an unprincipled wretch, stating the heroism and courage the self-murderer displays, might induce, encourage, and fix the intention, and ultimately procure the perpetration of the dreadful deed; and if other men would be influenced by such advice, the presumption is that Jewett was so influenced. He might have been influenced by many powerful motives to destroy himself. Still the inducements might have been insufficient to procure the actual commission of the act, and one word of additional advice might have turned the scale.'

"When applied--as this ruling seems to have been here applied--to a case in which the advice was nearly connected, in point of time, with the criminal act, it is, in my opinion, correct. 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 effect, 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 it. The circumstances, or direct proof, may or may not be sufficient to control this presumption; and whether they are so, can duly be determined in each case, upon all its evidence.

"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 committed; and it is for that alone the adviser or procurer is legally accountable. Thus if one should counsel another to rescue one prisoner, and he should rescue another, unless by mistake; or if the incitement was to rescue a prisoner, and he commit a larceny, the inciter is not responsible. But it need not appear _that the precise time, or place, or means advised_, were used. Thus if one incite A. to murder B., but advise him to wait until B. shall be at a certain place at noon, and A. murders B. at a different place in the morning, the adviser is guilty. So if the incitement be to poison, and the murderer shoots, or stabs. So if the counsel be to beat another, and he is beaten to death, the adviser is a murderer; for having incited another to commit an unlawful act, he is responsible for all that ensues upon its execution.

"These illustrations are drawn from cases of felonies, because they are the most common in the books and the most striking in themselves; but the principles on which they depend are equally applicable to cases of misdemeanor. In all such cases the real question is, whether the accused did procure, counsel, command, or abet the substantive offence committed. If he did, it is of no importance that his advice or directions were departed from in respect to the time, or place, or precise mode or means of committing it.

"Gentlemen: The events which have recently occurred in this city, have rendered it my duty to call your attention to these rules of law, and to direct you to inquire whether in point of fact the offence of obstructing process of the United States has been committed; if it has, you will present for trial all such persons as have so participated therein as to be guilty of that offence. And you will allow me to say to you that if you or I were to begin to make discriminations between one law and another, and say this we will enforce and that we will not enforce, we should not only violate our oaths, but so far as in us lies, we should destroy the liberties of our country, which rest for their basis upon the great principle that our country is governed by laws, constitutionally enacted, and not by men.

"In one part of our country the extradition of fugitives from labor is odious; in another, if we may judge from some transactions, the law concerning the extradition of fugitives from justice has been deemed not binding; in another still, the tariff laws of the United States were considered oppressive, and not fit to be enforced.

"Who can fail to see that the government would cease to be a government if it were to yield obedience to those local opinions? While it stands, all its laws must be faithfully executed, or it becomes the mere tool of the strongest faction of the place and the hour. If forcible resistance to one law be permitted practically to repeal it, the power of the mob would inevitably become one of the constituted authorities of the State, to be used against any law or any man obnoxious to the interests and passions of the worst or most excited part of the community; and the peaceful and the weak would be at the mercy of the violent.

"It is the imperative duty of all of us concerned in the administration of the laws to see to it that they are firmly, impartially, and certainly applied to every offence, whether a particular law be by us individually approved or disapproved. And it becomes all to remember, that forcible and concerted resistance to any law is civil war, which can make no progress but through bloodshed, and can have no termination but the destruction of the government of our country, or the ruin of those engaged in such resistance. It is not my province to comment on events which have recently happened. They are matters of fact which, so far as they are connected with the criminal laws of the United States, are for your consideration. I feel no doubt that, as good citizens and lovers of our country, and as conscientious men, you will well and truly observe and keep the oath you have taken, diligently to inquire and true presentment make of all crimes and offences against the laws of the United States given you in charge."[193]

[Footnote 193: Law Reporter, August, 1854.]

Now gentlemen look at some particulars of this charge.

1. "If a multitude of persons shall assemble _even in a public highway_, with the design to _stand together, and thus prevent the officer from passing freely along that way_, in the execution of his precept, and the officer should thus be _hindered and obstructed_, this would, of itself, and without any active violence, be such an obstruction as is contemplated by this law." Of course, all persons thus assembled in the public highway were guilty of that offence, and liable to be punished with imprisonment for twelve months and a fine of three hundred dollars: "_All who are present_, and obstruct, resist, or oppose, _are of course guilty_." Their "design" is to be inferred from "the fact" that the officer was obstructed.

That is not all, this offence in technical language the Judge calls a "misdemeanor," and in "misdemeanors," he says, "all are principals." So, accordingly, not only are all guilty who _actually obstruct_ but likewise all who are "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." These are obstructors by construction No. 1; they must have been several thousands in number.

But even that is not all; the judicial logic of deduction goes further still, and he adds, "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 principals." These are obstructors by construction No. 2.

2. 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 offence." First he constructs the physical act which is the misdemeanor, namely, standing in the high road and thereby hindering a kidnapper from "passing freely along that way; or being so situated as to be able to afford assistance to others thus standing; or advising another thus to stand, or be situated:" next he constructs the _advice_, the metaphysical act, which is equally a "misdemeanor." This is the square root of construction No. 2. Look at this absurd quantity.

"_Such a procurement may be_, either by direct means, as by hire, counsel, or command, or indirect, _by evincing an express liking, approbation, or assent_." Thus the mere casual expression, "I wish Burns would escape, or I wish somebody would let him out," is a "Misdemeanor;" it is "evincing an express liking." Nodding to any other man's similar wish is a misdemeanor. It is "approbation." Even smiling at the nod is a crime--it is "assent." Such is the threefold shadow of this constructive shade. But even that is not all. A man is held responsible for what he evinced no _express_ or implied _liking_ for: "_it need not appear that the precise time, or place, or means advised, were used_." Accordingly, he that "evinces an express liking," "_is responsible for all that ensues upon its execution_." He evinces his assent to the End and is legally responsible for any Means which any hearer thereof shall, at any time, or in any place, make use of to attain that end!

Gentlemen of the Jury, this charge is a _quo warranto_ against all Freedom of Speech. But suppose it were good law, and suppose the Grand-Jury obedient to it, see how it would apply.

All who evinced an express liking, approbation, or assent to the rescue of Mr. Burns are guilty of a misdemeanor; if they "evinced an express liking" that he should be rescued by a miracle wrought by Almighty God,--and some did express "approbation" of that "means,"--they are indictable, guilty of a "misdemeanor;" "it need not appear that the precise time, or place, or means advised, were used!" If any colored woman during the wicked week--which was ten days long--prayed that God would deliver Anthony, as it is said his angel delivered Peter, or said "Amen" to such a prayer, she was "guilty of a misdemeanor;" to be indicted as a "principal."

So every man in Boston who, on that bad Friday, stood in the streets of Boston between Court Square and T Wharf, was "guilty of a misdemeanor," liable to a fine of three hundred dollars, and to jailing for twelve months. All who at Faneuil Hall stirred up the minds of the people in opposition to the fugitive slave bill; all who shouted, who clapped their hands at the words or the countenance of their favorites, or who expressed "approbation" by a whisper of "assent," are "guilty of a misdemeanor." The very women who stood for four days at the street corners, and hissed the infamous Slave-hunters and their coadjutors; they, too, ought to be punished by fine of three hundred dollars and imprisonment for a year! Well, there were fifteen thousand persons "assembled" "in the highway" of the city of Boston that day opposed to kidnapping; half the newspapers in the country towns of Massachusetts "evinced an express liking" for freedom, and opposed the kidnapping; they are all "guilty of a misdemeanor;" they are "Principals." Nay, the ministers all over the State, who preached that kidnapping was a sin; those who read brave words out of the Old Testament or the New; those who prayed that the victim might escape; they, likewise, were "guilty of a misdemeanor," liable to be fined three hundred dollars and jailed for twelve months.[194]

[Footnote 194: 2 Parker's Additional, 280.]

But where did Judge Curtis find his right to levy Ship-money, Tonnage, and Poundage on the tongues of men; where did he find his "law?" Surely not in the statute. When the bill was pending in 1790, suppose his construction of the statute had been declared to Congress--who would have voted for a law so monstrous? The statute lay in the Law-book for nearly seventy years, and nobody ever applied it to a case like this.

Gentlemen, I have shown you already how British judges in the time of the Jameses and Charleses perverted the law to the basest of purposes. I mentioned, amongst others, the work of Twysden and Kelyng and Jones. This is a case like those. 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 not_; I showed how he charged the jury in the case of Bowen, and how the jury returned a verdict of "not guilty," thus setting his inhuman charge at nought.[195] But Judge Curtis, for his law, relies upon Judge Parker's charge. It is not a Statute made by the legislature that Judge Curtis relies on for his law; it is not a Custom of the Common law; it is not an Opinion of the Court solemnly pronounced after mature deliberation; it is only the charge of a single judge to a jury in a special case, and one which the jury disregarded even then!

[Footnote 195: See above, p. 112.]

But where did Judge Parker, an estimable man, find his law? Mr. Perez Morton, the Attorney-General, found it in Kelyng's Reports. In the case of Bowen only one authority is referred to for that odious principle on which the judge sought to hang him; that authority is taken from "9 Charles I.;" from the year 1634--the worst age of the Stuart tyranny! But even that authority was not a Statute law, not a Custom of the People, not the Opinion of a Court solemnly pronounced. It was the charge of a single judge--a charge to a jury, made by an inferior judge, of an inferior court, in a barbarous age, under a despotic king! Hearken to this,--from the volume of Kelyng's Reports.[196] "_Memorandum_, 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 Barr, in Michaelmas Term, 9 Carl. I." Gentlemen of the Jury, that charge no more settled the law even in 1634, 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 thereto, settled the law of the United States and the morality of the People. But yet that is all the law the government had to hang Bowen with. The jury made nothing of it.[197]

[Footnote 196: Page 52. See above, p. 112.]

[Footnote 197: Jones's "opinion" relates to a case of _murder_ by the advice of an absent person, not at all to _suicide by the advice of another_, so it could not apply to the case of Bowen.]

But Kelyng's Reports are of no value as authority. Here is what Lord Campbell, now Chief Justice of the King's Bench, says of them and their author. I read it to you long ago. "I ought to mention that among his other vanities he had the ambition to be an author; and he compiled a folio volume of decisions in criminal laws, _which are of no value whatever except to make us laugh at some of the silly egotisms with which they abound_."[198] Twysden, who showed him the Report of the charge, is of little value, and of no authority. I mentioned his character before.

[Footnote 198: 2 Campbell's Justices, 406.]

Justice Jones, who made the charge, would hardly be an authority in the English courts in a nice question of construction. He allowed the king to levy ship-money, as I have shown before,[199] and dared not perform the duties of his office and so protect the Liberty of the Subject when the king smote thereat. He was brought before the House of Commons to answer for his conduct, in 1628. "His memory," says Echard, "suffers upon the account of his open judgment for the ship-money, the unhappy consequence of which he did not live to see."[200]

[Footnote 199: Above, p. 23.]

[Footnote 200: Parl. Hist. 290; 3 St. Tr. 844, 1181, 162; 2 Echard, 186.]

Judge Kelyng, the great authority in this case, was notorious for violating alike Justice and the law. Out of a riot committed by some apprentices he constructed the crime of High Treason, and sentenced thirteen men to death. He fined and imprisoned jurors because they refused to return the wicked, illegal verdict he demanded. With language too obscene to utter in this century, he mocked at the Great Charter of English Liberty. But at last the scandal was too great even for the reign of Charles II., and in 1667 the "Grand Committee of Justice" in the House of Commons, after examining witnesses and hearing him on his own behalf, reported:--

1. "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 liberties, and that he hath used an arbitrary and illegal power which is of dangerous consequence to the lives and liberties of the people of England."

2. "That in place of Judicature, the Lord Chief Justice hath undervalued, vilified, and condemned MAGNA CHARTA, the great preserver of our lives, freedom, and property."

3. "That the Lord Chief Justice be brought to trial, in order to condign punishment, in such manner as the House shall judge most fit and requisite."[201]

[Footnote 201: See above, p. 23, 39, 113, 125; 1 Campbell, _Ibid._ 406; 6 St. Tr. 76, 229, 171, 532, 769, 879, 992; Pepys' Diary, 17 Oct., 1667; Commons Journal, 16th Oct., 1667.]

Some of the lawyers whom he had browbeaten, generously interceded for him. He made an abject submission "with great humility and reverence," and the House desisted from prosecution. "He was abundantly tame for the rest of his days," says Lord Campbell, "fell into utter contempt," "and _died to the great relief of all who had any regard for the due administration of justice_."

Gentlemen, I am no lawyer, and may easily be mistaken in this matter, but as I studied Judge Curtis's charge and cast about for the sources of its doctrines and phraseology, I thought I traced them all back to Kelyng's opinions in that famous case, where he made treason out of a common riot among apprentices; and to Judge Chase's "opinions" and "rulings" in the trial of Mr. Fries,--opinions and rulings which shocked the public at the time, and brought legislative judgment on his head. Let any one compare the documents, I think he will find the whole of Curtis in those two impeached Judges, in Kelyng and in Chase.[202]

[Footnote 202: 1 Wharton, 636; Kelyng, 1-24, 70-77; 6 St. Tr. 879.]

Here then is the law,--derived from the memorandum of the charge to a grand-jury made in 1634, by a judge so corrupt that he did not hesitate to violate Magna Charta itself; not published till more than seventy years after the charge was given; cited as law by a single authority, and that authority impeached for unrighteously and corruptly violating the laws he was set and sworn to defend, impeached even in that age--of Charles II.;--that is the law! Once before an attempt was made to apply it in Massachusetts, 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 refused. But to such shifts is this Honorable Court reduced! Gentlemen of the Jury, the fugitive slave bill cannot be executed in Massachusetts, not in America, without reviving the worst despotism of the worst of the Stuarts; not without bringing Twysden and Jones and Kelyng on the Bench; no, not without Saunders and Finch, and Jeffreys and Scroggs!

Gentlemen, such was Judge Curtis's charge. I have been told it was what might have been expected from the general character and previous conduct of the man; but I confess it did surprise me: it was foolish as it was wicked and tyrannical. But it all came to nought.

For, alas! there was a grand-jury, and the Salmonean thunder of the fugitive slave bill judge fell harmless--quenched, conquered, disgraced, and brutal,--to the ground. Poor fugitive slave bill Court! It can only gnash its teeth against freedom of speech in Faneuil Hall; only bark and yelp against the unalienable rights of man, and howl against the Higher Law of God! it cannot bite! Poor, imbecile, malignant Court! What a pity that the fugitive slave bill judge was not himself the grand-jury, to order the indictment! what a shame that the attorney was not a petty jury to convict! Then New England, like Old, might have had her "bloody assizes," and Boston streets might have streamed with the heart's gore of noble men and women; and human heads might have decked the pinnacles all round the town; and Judge Curtis and Attorney Hallett might have had their place with Judge Jeffreys and John Boilman of old. 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 me![203]

[Footnote 203: 2 Parker's Additional, p. 281.]

The grand-jury found no bill and were discharged. In a Fourth of July Sermon "Of the Dangers which Threaten the Rights of Man in America," I said:--

"Perhaps the Court will try again, and find a more pliant Grand-Jury, easier to intimidate. Let me suggest to the Court that the next time it should pack its Jury from the Marshal's 'Guard.' Then there will be Unity of Idea; of action too,--the Court a figure of equilibrium."

The audacious Grand-Jury was discharged. A new one was summoned; this time it was constructed out of the right material. Before that, Gentlemen, we had had the Judge or his kinsmen writing for the fugitive slave bill in the newspapers; getting up public meetings in behalf of man-stealing in Boston; writing letters in support of the same; procuring opinions in favor of the constitutionality of the fugitive slave bill; nay, kidnapping men and sending them into eternal bondage, and in the newspapers defending the act; but we had none of them in the Jury box. On the new Grand-Jury appeared Mr. William W. Greenough, the brother-in-law of Hon. Judge Curtis--each married a daughter of Mr. Charles P. Curtis. Mr. Greenough "was very active in his endeavors to procure an indictment" against me; and a bill was found.

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, reënact 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 reënact 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.

I went also and looked after William Craft. I inspected his weapons; "his powder had a good kernel, and he kept it dry; his pistols were of excellent proof; the barrels true, and clean, the trigger went easy, the caps would not hang fire at the snap. I tested his poignard; the blade had a good temper, stiff enough and yet springy withal; the point was sharp."[213] After the immediate danger was over and Knight and Hughes had avoided the city, where they had received such welcome from the friends of this Court, such was the tone of the political newspapers and the commercial pulpit that William and Ellen must needs flee from America. Long made one by the wedlock of mutual and plighted faith, their marriage in Georgia was yet "null and void" by the laws of that "Christian State." I married them according to the law of Massachusetts. As a symbol of the husband's peculiar responsibility under such circumstances, I gave William a Sword--it lay on the table in the house of another fugitive, where the wedding took place--and told him of his manly duty therewith, if need were, to defend the life and liberty of Ellen. I gave them both a Bible, which I had bought for the purpose, to be a symbol of their spiritual culture and a help for their soul, as the sword was for their bodily life. "With this sword I thee wed," suited the circumstances of that bridal.

[Footnote 213: 1 Parker's Additional Speeches, 55.]

Mr. and Mrs. Craft were parishioners of mine, and besides I have been appointed "minister at large in behalf of all fugitive slaves in Boston." I have helped join men and women in wedlock according to the customs of various sects and nations. There is one wedlock, a sacrament, but many forms. Never before did I marry two lovers with the Sword and the Bible--the form of matrimony for fugitive slaves: out of that fact perhaps Mr. Attorney can frame an indictment that will hold water. "If it only resists law and obstructs its officers," quoth he, "it is treason, and he who risks it must risk hanging for it!"

At the great Union meeting, November 26, when Mr. Curtis said "I should like to ask the Reverend Gentleman in what capacity he expects to be punished for his _perjury_," I said, "Do you want an answer to your question, Sir?" No doubt that was obstructing a (prospective) "officer," then preparing for process. How easily could Scroggs make a "misdemeanor," or "a seditious libel," out of that question! Allybone would call it "treason," "levying war."

Thirty-six hours after the Union meeting, on Thanksgiving day, 28th November, 1850, in a "Sermon of the State of the Nation," I said:--

"I have sometimes been amazed at the talk of men who call on us to keep the fugitive slave law, one of the most odious laws in a world of odious laws--a law not fit to be made or kept. I have been amazed that they should dare to tell us the law of God, writ on the heavens and our hearts, never demanded we should disobey the laws of men! Well, suppose it were so. Then it was old Daniel's duty at Darius' command to give up his prayer; but he prayed three times a day, with his windows up. Then it was John's and Peter's duty to forbear to preach of Christianity; but they said, 'Whether it be right in the sight of God to hearken unto you more than unto God, judge ye.' Then it was the duty of Amram and Jochebed to take up their new-born Moses and cast him into the Nile, for the law of king Pharaoh, commanding it, was 'constitutional,' and 'political agitation' was discountenanced as much in Goshen as in Boston. But Daniel did not obey; John and Peter did not fail to preach Christianity; and Amram and Jochebed refused 'passive obedience' to the king's decree! I think it will take a strong man all this winter to reverse the judgment which the world has passed on these three cases. But it is 'innocent' to try.

"However, there is another ancient case, mentioned in the Bible, in which the laws commanded one thing and conscience just the opposite. Here the record of the law:--'Now both the chief priests and the Pharisees had given a commandment, that if any one knew where he [Jesus] were, he should show it, that they might take him.' Of course, it became the official and legal business of each disciple who knew where Christ was, to make it known to the authorities. No doubt James and John could leave all and follow him, with others of the people who knew not the law of Moses, and were accursed; nay, the women, Martha and Mary, could minister unto him of their substance, could wash his feet with their tears, and wipe them with the hairs of their head. They did it gladly, of their own free will, and took pleasure therein, I make no doubt. There was no merit in that--'Any man can perform an agreeable duty.' But there was found one disciple who could 'perform a disagreeable duty.' He went, perhaps 'with alacrity,' and betrayed his Saviour to the marshal of the district of Jerusalem, who was called a centurion. Had he no affection for Jesus? No doubt; but he could conquer his prejudices, while Mary and John could not.

"Judas Iscariot has rather a bad name in the Christian world: he is called 'The son of perdition,' in the New Testament, and his conduct is reckoned a 'transgression;' nay, it is said the devil 'entered into him,' to cause this hideous sin. But all this it seems was a mistake; certainly, if we are to believe our 'republican' lawyers and statesmen, Iscariot only fulfilled his 'constitutional obligations.' It was only 'on that point,' of betraying his Saviour, that the constitutional law required him to have any thing to do with Jesus. He took his 'thirty pieces of silver'--about fifteen dollars; a Yankee is to do it for ten, having fewer prejudices to conquer--it was his legal fee, for value received. True, the Christians thought it was 'The wages of iniquity,' 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 blood;' but it was honest money. Yes, it was as honest a fee as any American commissioner or deputy will ever get for a similar service. How mistaken we are! Judas Iscariot is not a traitor! he was a great patriot; he conquered his 'prejudices,' performed 'a disagreeable duty,' as an office of 'high morals and high principle;' he kept the 'law' and the 'Constitution,' and did all he could to 'save the Union;' nay, he was a saint, 'not a whit behind the very chiefest apostles.' 'The law of God never commands us to disobey the law of man.' _Sancte Iscariote ora pro nobis._

"Talk of keeping the fugitive slave law! Come, come, we know better. Men in New England know better than this. We know that we ought not to keep a wicked law, and that it must not be kept when the law of God forbids!

"One of the most awful spectacles I ever saw, was this: A vast multitude attempting, at an orator's suggestion [Hon. Mr. Hallett], to howl down the 'Higher law,' and when he said, Will you have this to rule over you? they answered, 'Never!' and treated the 'Higher law' to a laugh and a howl! It was done in Faneuil Hall; under the eyes of the three Adamses, Hancock, and Washington; and the howl rung round the venerable arches of that hall! I could not but ask, 'Why do the heathen rage, and the people imagine a vain thing? the rulers of the earth set themselves, and kings take counsel against the Lord and say, Let us break his bands asunder, and cast off his yoke from us.' Then I could not but remember that it was written, 'He that sitteth in the heavens shall laugh; the Lord shall have them in derision.' 'He taketh up the isles as a very little thing, and the inhabitants of the earth are as grasshoppers before Him.' Howl down the law of God at a magistrate's command! Do this in Boston! Let us remember this--but with charity."

"I do not believe there is more than one of the New England men who publicly helped the law into being, but would violate its provisions; conceal a fugitive; share his loaf with a runaway; furnish him golden wings to fly with. Nay, I think it would be difficult to find a magistrate in New England, willing to take the public odium of doing the official duty. I believe it is not possible to find a regular jury, who will punish a man for harboring a slave, for helping his escape, or fine a marshal or commissioner for being a little slow to catch a slave. Men will talk loud in public meetings, but they have some conscience after all, at home. And though they howl down the 'Higher law' in a crowd, yet conscience will make cowards of them all, when they come to lay hands on a Christian man, more innocent than they, and send him into slavery for ever! One of the commissioners of Boston talked loud and long, last Tuesday, in favor of keeping the law. When he read his litany against the law of God, and asked if men would keep the 'Higher law,' and got 'Never' as the welcome, and amen for response--it seemed as if the law might be kept, at least by that commissioner, and such as gave the responses to his creed. But slave-hunting Mr. Hughes, who came here for two of our fellow-worshippers, in his Georgia newspaper, tells a different story. Here it is from the 'Georgia Telegraph,' of last Friday. 'I called at eleven o'clock at night, at his [the commissioner's] residence, and stated to him my business, and asked him for a warrant, saying that if I could get a warrant, I could have the negroes [William and Ellen Craft] arrested. He said the law did not authorize a warrant to be issued: that it was my duty to go and arrest the negro without a warrant, and bring him before him!' This is more than I expected. 'Is Saul among the prophets?' The men who tell us that the law must be kept, God willing, or against His will--there are Puritan fathers behind them also; Bibles in their houses; a Christ crucified, whom they think of; and a God even in their world, who slumbers not, neither is weary, and is as little a respecter of parchments as of persons! They know there is a people, as well as politicians, a posterity not yet assembled, and they would not like to have certain words writ on their tomb-stone. 'Traitor to the rights of mankind,' is no pleasant epitaph. They, too, remember there is a day after to-day; aye, a forever; and 'Inasmuch as ye have not done it unto one of the least of these my brethren, ye have not done it unto me,' is a sentence they would not like to hear at the day of judgment."[214]

[Footnote 214: 2 Parker's Occasional Sermons, pp. 298-300, 301, 302, 304, 305.]

Gentlemen, you see by the faces of this Honorable Court, and you know by what these honorable functionaries and their coadjutors have done out of its limit, how much I was mistaken in the notion that no Boston Commissioner would ever kidnap a man! Perhaps you will pardon me for the mistake. I will soon explain it by a quotation.

After the rescue of Shadrach, in my Sunday prayer I publicly gave God the thanks of the congregation for the noble deed. Perhaps that was a crime. I think Judge Saunders could make it appear that I was an "accessory after the fact," and then Judge Curtis could call the offence not a felony but a "misdemeanor," and "in misdemeanors all are principals." Nay, it might be "levying war" "with force and arms."

After the Hon. Judge Sprague had made himself glorious by charging the jury "to obey both" the will of God and the laws of men, which forbid that will; and after Commissioner Curtis had kidnapped Mr. Sims, while he still had him in his unlawful jail, on Fast-day, April 10, 1851, I preached a sermon "of the Chief Sins of the People," and said,--

"He [Judge Sprague] supposes a case: that the people ask him, 'Which shall we obey, the law of man or the will of God?' He says, 'I answer, obey both. The incompatibility which the question assumes does not exist.'

"So, then, here is a great general rule, that between the 'law of man' and the 'will of God' there is no incompatibility, and we must 'obey both.' Now let us see how this rule will work.

"If I am rightly informed, King Ahab made a law that all the Hebrews should serve Baal, and it was the will of God that they should serve the Lord. According to this rule of the judge, they must 'obey both.' But if they served Baal, they could not serve the Lord. In such a case, 'what is to be done?' We are told that Elijah gathered the prophets together: 'and he came unto all the people, and said, How long halt ye? If the Lord be God, follow him; but if Baal, then follow him.' Our modern prophet says, 'Obey both. The incompatibility which the question assumes does not exist.' Such is the difference between Judge Elijah and Judge Peleg.

"Let us see how this rule will work in other cases; how you can make a compromise between two opposite doctrines. The king of Egypt commanded the Hebrew nurses, 'When you do the office of a midwife to the Hebrew women, if it be a son ye shall kill him.' I suppose it is plain to the Judge of the Circuit Court that this kind of murder, killing the new-born infants, is against 'the will of God;' but it is a matter of record that it was according to 'the law of man.' Suppose the Hebrew nurses had come to ask Judge Sprague for his advice. He must have said, 'Obey both!' His rule is a universal one.

"Another decree was once made, as it is said in the Old Testament, that no man should ask any petition of any God for thirty days, save of the king, on penalty of being cast into the den of lions. Suppose Daniel--I mean the old Daniel, the prophet--should have asked him, What is to be done? Should he pray to Darius or pray to God? 'Obey both!' would be the answer. But he cannot, for he is forbid to pray to God. We know what Daniel did do.

"The elders and scribes of Jerusalem commanded the Christians not to speak or to teach at all in the name of Jesus; but Peter and John asked those functionaries, 'Whether it be right in the sight of God to hearken unto you more than unto God, judge ye.' Our judge must have said, There is no 'incompatibility;' 'obey both!' What 'a comfortable Scripture' this would have been to poor John Bunyan! What a great ethical doctrine to St. Paul! He did not know such Christianity as that. Before his time a certain man had said, 'No man can serve two masters.' But there was one person who made the attempt, and he also is eminent in history. Here was 'the will of God,' to do to others as you would have others do to you: 'Love thy neighbor as thyself.' Here is the record of 'the law of man:' 'Now both the chief priests and the Pharisees had given a commandment, that, if any man knew where he [Jesus] were, he should show it that they might take him.' Judas, it seems, determined to 'obey both,'--'the law of man' and 'the will of God.' So he sat with Jesus at the Last Supper, dipped his hand in the same dish, and took a morsel from the hand of Christ, given him in token of love. All this he did to obey 'the will of God.' Then he went and informed the Commissioner or Marshal where Jesus was. This he did to obey 'the law of man.' Then he came back, and found Christ,--the agony all over, the bloody sweat wiped off from his brow presently to bleed again,--the Angel of Strength there with him to comfort him. He was arousing his sleeping disciples for the last time, and was telling them, 'Pray, lest ye enter into temptation.' Judas came and gave him a kiss. To the eleven it seemed the friendly kiss, obeying 'the will of God.' To the Marshal it also seemed a friendly kiss,--obeying 'the law of man.' So, in the same act, he obeys 'the law of God' and 'the will of man,' and there is no 'incompatibility!'

"Of old it was said, 'Thou canst not serve God and mammon.' He that said it, has been thought to know something of morals,--something of religion.

"Till the fugitive slave law was passed, we did not know what a great saint Iscariot was. I think there ought to be a chapel for him, and a day set apart in the calendar. Let him have his chapel in the navy yard at Washington. He has got a priest there already. And for a day in the calendar--set apart for all time the seventh of March!"

"Last Thanksgiving day, I said it would be difficult to find a magistrate in Boston to take the odium of sending a fugitive back to slavery. I believed, after all, men had some conscience, although they talked about its being a duty to deliver up a man to bondage. Pardon me, my country, that I rated you too high! Pardon me, town of Boston, that I thought your citizens all men! Pardon me, lawyers, that I thought you had been all born of mothers! Pardon me, ruffians, who kill for hire! I thought you had some animal mercy left, even in your bosom! Pardon me, United States' commissioners, marshals, and the like, I thought you all had some shame! Pardon me, my hearers, for such mistakes. One commissioner was found to furnish the warrant [Mr. George T. Curtis]! Pardon me, I did not know he was a commissioner; if I had, I never would have said it!

"Spirits of tyrants, I look down to you! Shade of Cain, you great first murderer, forgive me that I forgot your power, and did not remember that you were parent of so long a line! And you, my brethren, if hereafter I tell you that there is any limit of meanness or wickedness which a Yankee will not jump over, distrust me, and remind me of this day, and I will take it back!

"Let us look at the public conduct of any commissioner who will send an innocent man from Boston into slavery. I would speak of all men charitably; for I know how easy it is to err, yea, to sin. I can look charitably on thieves, prowling about in darkness; on rum-sellers, whom poverty compels to crime; on harlots, who do the deed of shame that holy woman's soul abhors and revolts at; I can pity the pirate, who scours the seas doing his fiendish crimes--he is tempted, made desperate by a gradual training in wickedness. The man, born at the South, owning slaves, who goes to Africa and sells adulterated rum in exchange for men to retail at Cuba,--I cannot understand the consciousness of such a man; yet I can admit that by birth and by breeding he has become so imbruted he knows no better. Nay, even that he may perhaps justify his conduct to himself. I say I think his sin is not so dreadful as that of a commissioner in Boston who sends a man into slavery. A man commits a murder, inflamed by jealousy, goaded by desire of great gain, excited by fear, stung by malice, or poisoned by revenge, and it is a horrid thing. But to send a man into slavery is worse than to murder him. I should rather be slain than enslaved. To do this, inflamed by no jealousy, goaded by no desire of great gain,--only ten dollars!--excited by no fear, stung by no special malice, poisoned by no revenge,--I cannot comprehend that in any man, not even in a hyena. Beasts that raven for blood do not kill for killing's sake, but to feed their flesh. Forgive me, O ye wolves and hyenas! that I bring you into such company. I can only understand it in a devil!

"When a man bred in Massachusetts, whose Constitution declares that 'All men are born free and equal;' within sight of Faneuil Hall, with all its sacred memories; within two hours of Plymouth Rock; within a single hour of Concord and Lexington; in sight of Bunker Hill,--when he will do such a deed, it seems to me that there is no life of crime long enough to prepare a man for such a pitch of depravity; I should think he must have been begotten in sin, and conceived in iniquity, and been born 'with a dog's head on his shoulders;' that the concentration of the villany of whole generations of scoundrels would hardly be enough to fit a man for a deed like this!"

"Last Thursday night,--when odious beasts of prey, that dare not face the light of heaven, prowl through the woods,--those ruffians of the law seized on their brother man. They lie to the bystanders, and seize him on a false pretence. There is their victim--they hold him fast. His faithless knife breaks in his hand; his coat is rent to pieces. He is the slave of Boston. Can you understand his feelings? Let us pass by that. His 'trial!' Shall I speak of that? He has been five days on trial for more than life, and has not seen a judge! A jury? No,--only a commissioner! O justice! O republican America! Is this the liberty of Massachusetts?

"Where shall I find a parallel with men who will do such a deed,--do it in Boston? I will open the tombs, and bring up most hideous tyrants from the dead. Come, brood of monsters, let me bring you up from the deep damnation of the graves wherein your hated memories continue for all time their never-ending rot. Come, birds of evil omen! come, ravens, vultures, carrion-crows, and see the spectacle! come, see the meeting of congenial souls! I will disturb, disquiet, and bring up the greatest monsters of the human race! Tremble not, women; tremble not, children; tremble not, men! They are all dead! They cannot harm you now! Fear the living, not the dead!

"Come hither, Herod the wicked! Thou that didst seek after that young child's life, and destroyed the Innocents! Let me look on thy face! No; go! Thou wert a heathen! Go, lie with the Innocents thou hast massacred. Thou art too good for this company!

"Come, Nero! Thou awful Roman Emperor! Come up! No; thou wast drunk with power! schooled in Roman depravity. Thou hadst, besides, the example of thy fancied gods! Go, wait another day. I will seek a worser man.

"Come hither, St. Dominic! come, Torquemada!--Fathers of the Inquisition! Merciless monsters, seek your equal here! No; pass by! You are no companions for such men as these! You were the servants of atheistic popes, of cruel kings. Go to, and get you gone. Another time I may have work for you,--not now; lie there and persevere to rot. You are not yet quite wicked and corrupt enough for this comparison. Go, get ye gone, lest the sun turn back at sight of ye!

"Come up, thou heap of wickedness, George Jeffreys!--thy hands deep purple with the blood of thy murdered fellow men! Ah, I know thee! awful and accursed shade! Two hundred years after thy death, men hate thee still, not without cause! Let me look upon thee! I know thy history. Pause and be still, while I tell it to these men.

"Brothers, George Jeffreys 'began in the sedition line.' 'There was no act, however bad, that he would not resort to to get on.' 'He was of a bold aspect, and cared not for the countenance of any man.' 'He became the avowed, unblushing slave of the court, and the bitter persecutor and unappeasable enemy of the principles he had before supported.' 'He was universally insolent and overbearing.' 'As a judge, he did not consider the decencies of his post, nor did he so much as affect to be impartial, as became a judge.' His face and voice were always unamiable. 'All tenderness for the feelings of others, all self-respect were obliterated from his mind.' He had 'a delight in misery, merely as misery,' and 'that temper which tyrants require in their worst instruments.' 'He made haste to sell his forehead of brass and his tongue of venom to the court.' He had 'more impudence than ten carted street-walkers;' and was appropriately set to a work 'which could be trusted to no man who reverenced law, or who was sensible of shame.' He was a 'Commissioner' in 1685. You know of the 'Bloody assizes' which he held, and how he sent to execution three hundred and twenty persons in a single circuit. 'The whole country was strewed with the heads and limbs of his victims.' Yet a man wrote that 'A little more hemp might have been usefully employed.' He was the worst of the English judges. 'There was no measure, however illegal, to the execution of which he did not devotedly and recklessly abandon himself.' 'During the Stuart reigns, England was cursed by a succession of ruffians in ermine, who, for the sake of court favor, wrested the principles of law, the precepts of religion, and the duties of humanity; but they were all greatly outstripped by Jeffreys.' Such is his history.

"Come, shade of a judicial butcher! Two hundred years thy name has been pilloried in face of the world, and thy memory gibbeted before mankind. Let us see how thou wilt compare with those who kidnap men in Boston! Go seek companionship with them! Go claim thy kindred, if such they be! Go tell them that the memory of the wicked shall rot,--that there is a God; an Eternity; ay! and a Judgment too! where the slave may appeal against him that made him a slave, to Him that made him a man.

"What! Dost thou shudder? Thou turn back! These not thy kindred! Why dost thou turn pale, as when the crowd clutched at thy life in London Street? It is true, George Jeffreys, and these are not thy kin. Forgive me that I should send thee on such an errand, or bid thee seek companionship with such--with Boston hunters of the slave! Thou wert not base enough! It was a great bribe that tempted thee! Again I say, pardon me for sending thee to keep company with such men! Thou only struckst at men accused of crime; not at men accused only of their birth! Thou wouldst not send a man into bondage for two pounds! I will not rank thee with men who, in Boston, for ten dollars, would enslave a negro now! Rest still, Herod! Be quiet, Nero! Sleep, St. Dominic, and sleep, O Torquemada! in your fiery jail! Sleep, Jeffreys, underneath 'the altar of the church' which seeks with Christian charity to hide your hated bones."

"Well, my brethren, these are only the beginning of sorrows. There will be other victims yet; this will not settle the question. What shall we do? I think I am a calm man and a cool man, and I have a word or two to say as to what we shall do. Never obey the law. Keep the law of God. Next I say, resist not evil with evil; resist not now with violence. Why do I say this? Will you tell me that I am a coward? Perhaps I am; at least I am not afraid to be called one. Why do I say, then, do not now resist with violence? Because it is not time just yet; it would not succeed. If I had the eloquence that I sometimes dream of, which goes into a crowd of men, and gathers them in its mighty arm, and sways them as the pendent boughs of yonder elm shall be shaken by the summer breeze next June, I would not give that counsel. I would call on men, and lift up my voice like a trumpet through the whole land, until I had gathered millions out of the North and the South, and they should crush slavery for ever, as the ox crushes the spider underneath his feet. But such eloquence is given to no man. It was not given to the ancient Greek who 'shook the arsenal and fulmined over Greece.' He that so often held the nobles and the mob of Rome within his hand, had it not. He that spoke as never man spake, and who has since gathered two hundred millions to his name, had it not. No man has it. The ablest must wait for time! It is idle to resist here and now. It is not the hour. If in 1765 they had attempted to carry out the Revolution by force, they would have failed. Had it failed, we had not been here to-day. 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 country.' No little monument at Concord; nor that tall pile of eloquent stone at Bunker Hill, to proclaim that 'Resistance to tyrants is obedience to God.' Success is due to the discretion, heroism, calmness, and forbearance of our fathers: let us wait our time. It will come--perhaps will need no sacrifice of blood."[215]

[Footnote 215: 2 Parker's Occasional Sermons, p. 334-337, 343-348, 351, 352.]

Gentlemen, I think Judge Finch could construct a misdemeanor out of these words; you will find in them nothing but the plain speech of a minister of the Christian religion.

On the 6th of July, 1851, I preached "Of the three chief Safeguards of Society," and said:--

"Nowhere in the world is there a people so orderly, so much attached to law, as the people of these Northern States. But one law is an exception. The people of the North hate the fugitive slave law, as they have never hated any law since the stamp act. I know there are men in the Northern States who like it,--who would have invented slavery, had it not existed long before. But the mass of the Northern people hate this law, because it is hostile to the purpose of all just human law, hostile to the purpose of society, hostile to the purpose of individual life; because it is hostile to the law of God,--bids the wrong, forbids the right. We disobey that, for the same reason that we keep other laws: because we reverence the law of God. Why should we keep that odious law which makes us hated wherever justice is loved? Because we must sometimes do a disagreeable deed to accomplish an agreeable purpose? The purpose of that law is to enable three hundred thousand slaveholders to retake on our soil the men they once stole on other soil! Most of the city churches of the North seem to think that is a good thing. Very well; is it worth while for fifteen million freemen to transgress the plainest of natural laws, the most obvious instincts of the human heart, and the plainest duties of Christianity, for that purpose? The price to pay is the religious integrity of fifteen million men; 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 cost. Judge you of that bargain."

"I adjure you to reverence a government that is right, statutes that are right, officers that are right; but to disobey every thing that is wrong. I intreat you by your love for your country, by the memory of your fathers, by your reverence for Jesus Christ, yea, by the deep and holy love of God which Jesus taught, and you now feel."[216]

[Footnote 216: 2 Parker's Occasional Sermons, p. 392-394.]

You will say all this is but indispensable duty; 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 also.

On the 12th of April, 1852, I delivered an address to commemorate the first anniversary of the Kidnapping of Thomas Sims, and said:--

"But when the rulers have inverted their function, and enacted wickedness into a law which treads down the unalienable rights of man to such a degree as this, then I know no ruler but God, no law but natural Justice. I tear the hateful statute of kidnappers to shivers; I trample it underneath my feet. I do it in the name of all law; in the name of Justice and of Man; in the name of the dear God."

"You remember the decision of the Circuit judge,--himself soon to be summoned by death before the Judge who is no respecter of persons,--not allowing the destined victim his last hope, 'the great writ of right.' The decision left him entirely at the mercy of the other kidnappers. The Court-room was crowded with 'respectable people,' 'gentlemen of property and standing:' they received the decision with 'applause and the clapping of hands.' Seize a lamb out of a flock, a wolf from a pack of wolves, the lambs bleat with sympathy, the wolves howl with fellowship and fear; but when a competitor for the Presidency sends back to eternal bondage a poor, friendless negro, asking only his limbs, wealthy gentlemen of Boston applaud the outrage.

"'O judgment! thou art fled to brutish beasts, And men have lost their reason!'"

"When the Fugitive Slave Bill passed, the six New England States lay fast asleep: Massachusetts slept soundly, her head pillowed on her unsold bales of cotton and of woollen goods, dreaming of 'orders from the South.' Justice came to waken her, and whisper of the peril of nine thousand citizens; and she started in her sleep, and, being frighted, swore a prayer or two, then slept again. But Boston woke,--sleeping, in her shop, with ears open, and her eye on the market, her hand on her purse, dreaming of goods for sale,--Boston woke broadly up, and fired a hundred guns for joy. O Boston, Boston! if thou couldst have known, in that thine hour, the things which belong unto thy peace! But no: they were hidden from her eyes. She had prayed to her god, to Money; he granted her the request, but sent leanness into her soul."

"Yet one charge has been made against the Government, which seems to me a little harsh and unjust. It has been said the administration preferred low and contemptible men as their tools; judges who blink at law, advocates of infamy, and men cast off from society for perjury, for nameless crimes, and sins not mentionable in English speech; creatures 'not so good as the dogs that licked Lazarus's sores; but, like flies, still buzzing upon any thing that is raw.' There is a semblance of justice in the charge: witness Philadelphia, Buffalo, Boston; witness New York. It is true, for kidnappers the Government did take men that looked 'like a bull-dog just come to man's estate;' men whose face declared them, 'if not the devil, at least his twin-brother.' There are kennels of the courts wherein there settles down all that the law breeds most foul, loathsome, and hideous and abhorrent to the eye of day; there this contaminating puddle gathers its noisome ooze, slowly, stealthily, continually, agglomerating its fetid mass by spontaneous cohesion, and sinking by the irresistible gravity of rottenness into that abhorred deep, the lowest, ghastliest pit in all the subterranean vaults of human sin. It is true the Government has skimmed the top and dredged the bottom of these kennels of the courts, taking for its purpose the scum and sediment thereof, the Squeers, the Fagins, and the Quilps of the law, the monsters of the court. Blame not the Government; it took the best it could get. It was necessity, not will, which made the selection. Such is the stuff that kidnappers must be made of. If you wish to kill a man, it is not bread you buy: it is poison. Some of the instruments of Government were such as one does not often look upon. But, of old time, an inquisitor was always 'a horrid-looking fellow, as beseemed his trade.' It is only justice that a kidnapper should bear 'his great commission in his look.'"

"I pity the kidnappers, the poor tools of men almost as base. I would not hurt a hair of their heads; but I would take the thunder of the moral world, and dash its bolted lightning on this crime of stealing men, till the name of kidnapping should be like Sodom and Gomorrah. It is piracy to steal a man in Guinea; what is it to do this in Boston?

"I pity the merchants who, for their trade, were glad to steal their countrymen; I wish them only good. Debate in yonder hall has shown how little of humanity there is in the trade of Boston. She looks on all the horrors which intemperance has wrought, and daily deals in every street; she scrutinizes the jails,--they are filled by rum; she looks into the alms-houses, crowded full by rum; she walks her streets, and sees the perishing classes fall, mowed down by rum; she enters the parlors of wealthy men, looks into the bridal chamber, and meets death: the ghosts of the slain are there,--men slain by rum. She knows it all, yet says, 'There is an interest at stake!'--the interest of rum; let man give way! Boston does this to-day. Last year she stole a man; her merchants stole a man! The sacrifice of man to money, when shall it have an end? I pity those merchants who honor money more than man. Their gold is cankered, and their soul is brass,--is rusted brass. They must come up before the posterity which they affect to scorn. What voice can plead for them before their own children? The eye that mocketh at the justice of its son, and scorneth to obey the mercy of its daughter, the ravens of posterity shall pick it out, and the young eagles eat it up!

"But there is yet another tribunal: 'After the death the judgment!' When he maketh inquisition for the blood of the innocent, what shall the stealers of men reply? Boston merchants, where is your brother, Thomas Sims? Let Cain reply to Christ."[217]

[Footnote 217: 1 Parker's Additional Speeches, p. 50, 70, 88, 89, 92, 93, 100, 101.]

The Sunday after Mr. Webster's death, Oct. 31, 1852, I spoke of that powerful man; listen to this:--

"Mr. Webster stamped his foot, and broke through into the great hollow of practical atheism, which undergulfs the State and Church. Then what a caving in was there! The firm-set base of northern cities quaked and yawned with gaping rents. 'Penn's sandy foundation' shook again, and black men fled from the city of brotherly love, as doves, with plaintive cry, flee from a farmer's barn when summer lightning stabs the roof. There was a twist in Faneuil Hall, and the doors could not open wide enough for Liberty to regain her ancient Cradle; only soldiers, greedy to steal a man, themselves stole out and in. Ecclesiastic quicksand ran down the hole amain. Metropolitan churches toppled, and pitched, and canted, and cracked, their bowing walls all out of plumb. Colleges, broken from the chain which held them in the stream of time, rushed towards the abysmal rent. Harvard led the way, '_Christo et Ecclesiæ_' in her hand. Down plunged Andover, 'Conscience and the Constitution' clutched in its ancient, failing arm. New Haven began to cave in. Doctors of Divinity, orthodox, heterodox, with only a doxy of doubt, 'no settled opinion,' had great alacrity in sinking, and went down quick, as live as ever, into the pit of Korah, Dathan, and Abiram, the bottomless pit of lower law,--one with his mother, cloaked by a surplice, hid beneath his sinister arm, and an acknowledged brother grasped by his remaining limb. Fossils of theology, dead as Ezekiel's bones, took to their feet again, and stood up for most arrant wrong. 'There is no higher law of God,' quoth they, as they went down; 'no golden rule, only the statutes of men.' A man with mythologic ear might fancy that he heard a snickering laugh run round the world below, snorting, whinnying, and neighing, as it echoed from the infernal spot pressed by the fallen monsters of ill-fame, who, thousands of years ago, on the same errand, had plunged down the self-same way. What tidings the echo bore, Dante nor Milton could not tell. Let us leave that to darkness, and to silence, and to death.

"But spite of all this, in every city, in every town, in every college, and in each capsizing church, there were found Faithful Men, who feared not the monster, heeded not the stamping;--nay, some doctors of divinity were found living. In all their houses there was light, and the destroying angel shook them not. The word of the Lord came in open vision to their eye; they had their lamps trimmed and burning, their loins girt; they stood road-ready. Liberty and Religion turned in thither, and the slave found bread and wings. 'When my father and my mother forsake me, then the Lord will hold me up!'

"After the 7th of March, Mr. Webster became the ally of the worst of men, the forefront of kidnapping. The orator of Plymouth Rock was the advocate of slavery; the hero of Bunker Hill put chains round Boston Court House; the applauder of Adams and Jefferson was a tool of the slaveholder, and a keeper of slavery's dogs, the associate of the kidnapper, and the mocker of men who loved the right. Two years he lived with that rabble rout for company, his name the boast of every vilest thing.

"'Oh, how unlike the place from whence he fell!'"

"Do men mourn for him? See how they mourn! The streets are hung with black. The newspapers are sad colored. The shops are put in mourning. The Mayor and Aldermen wear crape. Wherever his death is made known, the public business stops, and flags drop half-mast down. The courts adjourn. The courts of Massachusetts--at Boston, at Dedham, at Lowell, all adjourn; the courts of New Hampshire, of Maine, of New York; even at Baltimore and Washington, the courts adjourn; for the great lawyer is dead, and Justice must wait another day. Only the United States Court, in Boston, trying a man for helping Shadrach out of the furnace of the kidnappers,--the court which executes the Fugitive Slave Bill,--that does not adjourn; that keeps on; its worm dies not, and the fire of its persecution is not quenched, when death puts out the lamp of life! Injustice is hungry for its prey, and must not be balked. It was very proper! Symbolical court of the Fugitive Slave Bill--it does not respect life, why should it death? and, scorning liberty, why should it heed decorum?"[218]

[Footnote 218: 1 Parker's Additional Speeches, 235-37, 246-47.]

On the 12th of February, 1854, I preached "Some Thoughts on the new Assault upon Freedom in America."

"Who put Slavery in the Constitution; made it Federal? who put it in the new States? who got new soil to plant it in? who carried it across the Mississippi--into Louisiana, Florida, Texas, Utah, New Mexico? who established it in the Capital of the United States? who adopted Slavery and volunteered to catch a runaway, in 1793, and repeated the act in 1850,--in defiance of all law, all precedent, all right? Why, it was the North. 'Spain armed herself with bloodhounds,' said Mr. Pitt, 'to extirpate the wretched natives of America.' In 1850, the Christian Democracy set worse bloodhounds afoot to pursue Ellen Craft; offered them five dollars for the run, if they did not take her; ten if they did! The price of blood was Northern money; the bloodhounds--they were Kidnappers born at the North, bred there, kennelled in her church, fed on her sacraments, blessed by her priests! In 1778, Mr. Pitt had a yet harsher name for the beasts wherewith despotic Spain hunted the red man in the woods--he called them '_Hell Hounds_.' But they only hunted 'savages, heathens, men born in barbarous lands.' What would he say of the pack which in 1851 hunted American Christians, in the 'Athens of America,' and stole a man on the grave of Hancock and Adams--all Boston looking on, and its priests blessing the deed!"

"See what encourages the South to make new encroachments. She has been eminently successful in her former demands, especially with the last. The authors of the fugitive slave bill did not think that enormity could be got through Congress: it was too atrocious in itself, too insulting to the North. But Northern men sprang forward to defend it--powerful politicians supported it to the fullest extent. The worse it was, the better they liked it. Northern merchants were in favor of it--it 'would conciliate the South.' Northern ministers in all the churches of commerce baptized it, defended it out of the Old Testament, or the New Testament. The Senator of Boston gave it his mighty aid,--he went through the land a huckster of Slavery, peddling Atheism: the Representative of Boston gave it his vote. Their constituents sustained both! All the great cities of the North executed the bill. The leading Journals of Boston advised the merchants to withhold all commercial intercourse from Towns which opposed Kidnapping. There was a 'Union Meeting' at Faneuil Hall. You remember the men on the platform: the speeches are not forgotten. The doctrine that there is a Law of God above the passions of the multitude and the ambition of their leaders, was treated with scorn and hooting: a loud guffaw of vulgar ribaldry went up against the Justice of the Infinite God! All the great cities did the same. Atheism was inaugurated as the first principle of Republican government; in politics, religion makes men mad! Mr. Clay declared that 'no Northern gentleman will ever help return a fugitive Slave!' What took place at Philadelphia? New York? Cincinnati?--nay, at Boston? The Northern churches of commerce thought Slavery was a blessing, Kidnapping a 'grace.' The Democrats and Whigs vie with each other in devotion to the fugitive slave bill. The 'Compromises' are the golden rule. The North conquered her prejudices. The South sees this, and makes another demand. Why not? I am glad of it. She serves us right."

"In 1775, what if it had been told the men all red with battle at Lexington and Bunker Hill,--'your sons will gird the Court House with chains to kidnap a man; Boston will vote for a Bill which puts the liberty of any man in the hands of a Commissioner, to be paid twice as much for making a Slave as for declaring a freeman; and Boston will call out its soldiers to hunt a man through its streets!' What if on the 19th of April, 1775, when Samuel Adams said, 'Oh! what a glorious morning is this!' as he heard the tidings of war in the little village where he passed the night,--what if it had been told him,--'On the 19th of April, seventy-six years from this day, will your City of Boston land a poor youth at Savannah, having violated her own laws, and stained her Magistrates' hands, in order to put an innocent man in a Slave-master's jail?' What if it had been told him that Ellen Craft must fly out of Democratic Boston, to Monarchic, Theocratic, Aristocratic England, to find shelter for her limbs, her connubial innocence, and the virtue of her woman's heart? I think Samuel would have cursed the day in which it was said a man-child was born, and America was free! What if it had been told Mayhew and Belknap, that in the pulpits of Boston, to defend kidnapping should be counted to a man as righteousness? They could not have believed it. They did not know what baseness could suck the Northern breast, and still be base."[219]

[Footnote 219: 1 Parker's Additional Speeches, p. 351, 352, 357-359, 368, 369.]

You will think all this is good morality; but Mr. Curtis in 1836, maintained that kidnapping in Massachusetts, would "promote harmony and good-will where it is extremely desirable to promote it, encourage frequent intercourse, and soften prejudice by increasing acquaintance, and tend to peace and good-will." Nay, that it may be "perfectly consistent with our policy ... _to interfere actively to enable the citizens of those States_ [the slave States] _to enjoy those institutions at home_." "Slavery is not immoral;" "By the law of this Commonwealth slavery is not immoral."[220]

[Footnote 220: Med Case, p. 9, 11.]

After Commissioner Loring had kidnapped Anthony Burns, I attended the meeting at Faneuil Hall, and spoke. Gentlemen, I did not finish the speech I had begun, for news came that an attack was made on the Court House, and the meeting was thrown into confusion. I did not speak in a corner, but in the old Cradle of Liberty. Here is the report of the speech which was made by a phonographer, and published in the newspapers of the time--I have no other notes of it. You shall see if there be a misdemeanor in it. Here is the speech:--

"FELLOW-SUBJECTS OF VIRGINIA--[Loud cries of 'No,' 'no,' and 'you must take that back!'] FELLOW-CITIZENS OF BOSTON, then--['Yes,' 'yes,']--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 eyes. [Alluding to the portraits which _once hung_ conspicuously in Faneuil Hall, but which had been removed to obscure and out-of-the-way locations.] Fellow-citizens--A deed which Virginia commands has been done in the city of John Hancock and the 'brace of Adamses.' It was done by a Boston hand. It was a Boston man who issued the warrant; it was a Boston Marshal who put it in execution; they are Boston men who are seeking to kidnap a citizen of Massachusetts, and send him into slavery for ever and ever. It is our fault that it is so. Eight years ago, a merchant of Boston 'kidnapped a man on the high road between Faneuil Hall and Old Quincy,' at 12 o'clock,--at the noon of day,--and the next day, mechanics of this city exhibited the half-eagles they had received for their share of the spoils in enslaving a brother man. You called a meeting in this hall. It was as crowded as it is now. I stood side by side with my friend and former neighbor, your honorable and noble Chairman to-night [George R. Russell, of West Roxbury], [Loud Cheers,] while this man who had fought for liberty in Greece, and been imprisoned for that sacred cause in the dungeons of Poland, [Dr. Samuel G. Howe,] stood here and introduced to the audience that 'old man eloquent,' John Quincy Adams. [Loud Cheers.]

"It was the last time he ever stood in Faneuil Hall. He came to defend the unalienable rights of a friendless negro slave, kidnapped in Boston. There is even no picture of John Quincy Adams to-night.

"A Suffolk Grand-Jury would find no indictment against the Boston merchant for kidnapping that man. ['Shame,' 'shame.'] If Boston had spoken then, we should not have been here to-night. We should have had no fugitive slave bill. When that bill passed, we fired a hundred guns.

"Don't you remember the Union meeting held in this very hall? A man stood on this platform,--he is a Judge of the Supreme Court now,--and he said--When a certain 'Reverend gentleman' is indicted for perjury, I should like to ask him how he will answer the charge? And when that 'Reverend gentleman' rose, and asked, 'Do you want an answer to your question?' Faneuil Hall cried out,--'No,' 'no,'--'Throw him over!' Had Faneuil Hall spoken then on the side of Truth and Freedom, we should not now be the subjects of Virginia.

"Yes, we are the vassals of Virginia. She reaches her arm over the graves of our mothers, and kidnaps men in the city of the Puritans; over the graves of Samuel Adams and John Hancock. [Cries of 'Shame!'] 'Shame!' so I say; but who is to blame? 'There is no north,' said Mr. Webster. There is none. The South goes clear up to the Canada line. No, gentlemen, there is no Boston to-day. There _was_ a Boston once. Now, there is a North suburb to the city of Alexandria,--that is what Boston is. [Laughter.] And you and I, fellow-subjects of the State of Virginia--[Cries of 'no,' 'no.' 'Take that back again.']--I will take it back when you show me the fact is not so.--Men and brothers, (brothers, at any rate,) I am not a young man; I have heard hurrahs and cheers for liberty many times; I have not seen a great many deeds done for liberty. I ask you, are we to have deeds as well as words? ['Yes,' 'yes,' and loud cheers.]

"Now, brethren, you are brothers at any rate, whether citizens of Massachusetts or subjects of Virginia--I am a minister--and, fellow-citizens of Boston, there are two great laws in this country; one of them is the LAW OF SLAVERY; that law is declared to be a 'finality.' Once the Constitution was formed 'to establish justice, promote tranquillity, and secure the blessings of liberty to ourselves and our posterity.' _Now_, the Constitution is not to secure liberty; it is to extend slavery into Nebraska. And when slavery is established there, in order to show what it is, there comes a sheriff from Alexandria, to kidnap a man in the city of Boston, and he gets a Judge of Probate, in the county of Suffolk, to issue a writ, and another Boston man to execute that writ! [Cries of 'shame,' 'shame.']

"Slavery tramples on the Constitution; it treads down State Rights. Where are the Rights of Massachusetts? A fugitive slave bill Commissioner has got them all in his pocket. Where is the trial by jury? Watson Freeman has it under his Marshal's staff. Where is the great writ of personal replevin, which our fathers wrested, several hundred years ago, from the tyrants who once lorded it over Great Britain? Judge Sprague trod it under his feet! Where is the sacred right of _habeas corpus_? Deputy Marshal Riley can crush it in his hands, and Boston does not say any thing against it. Where are the laws of Massachusetts forbidding State edifices to be used as prisons for the incarceration of fugitives? They, too, are trampled underfoot. 'Slavery is a finality.'

"These men come from Virginia, to kidnap a man here. Once, this was Boston; now, it is a Northern suburb of Alexandria. At first, when they carried a fugitive slave from Boston, they thought it was a difficult thing to do it. They had to get a Mayor to help them; they had to put chains round the Court House; they had to call out the 'Sims Brigade'; it took nine days to do it. Now, they are so confident that we are subjects of Virginia, that they do not even put chains round the Court House; the police have nothing to do with it. I was told to-day that one of the officers of the city said to twenty-eight police-men, 'If any man in the employment of the city meddles in this business, he will be discharged from service, without a hearing.' [Great applause.] Well, gentlemen, how do you think they received that declaration? They shouted, and hurrahed, and gave three cheers. [Renewed applause.] My friend here would not have had the honor of presiding over you to-night, if application had been made a little sooner to the Mayor. Another gentleman told me that, when that man (the Mayor) was asked to preside at this meeting, he said that he regretted that all his time to-night was previously engaged. If he had known it earlier, he said, he might have been able to make arrangements to preside. When the man was arrested, he told the Marshal he regretted it, and that his sympathies were wholly with the slave. [Loud applause.] Fellow-citizens, remember that word. Hold your Mayor to it, and let it be seen that he has got a background and a foreground, which will authorize him to repeat that word in public, and act it out in Faneuil Hall. I say, so confident are the slave agents now, that they can carry off their slave in the daytime, that they do not put chains round the Court House; they have got no soldiers billeted in Faneuil Hall, as in 1851. They think they can carry this man off to-morrow morning in a cab. [Voices--'They can't do it.' 'Let's see them try.']

"I say, there are two great laws in this country. One is the slave law. That is the law of the President of the United States; it is the law of the Commissioner; it is the law of every Marshal, and of every meanest ruffian whom the Marshal hires to execute his behests.

"There is another law, which my friend, Mr. Phillips, has described in language such as I cannot equal, and therefore shall not try; I only state it in its plainest terms. It is the Law of the People when they are sure they are right and determined to go ahead. [Cheers and much confusion.]

"Now, gentlemen, there was a Boston once, and you and I had fathers--brave fathers; and mothers who stirred up those fathers to manly deeds. Well, gentlemen, once it came to pass that the British Parliament enacted a 'law'--_they_ called it law--issuing stamps here. What did your fathers do on that occasion? They said, in the language of Algernon Sydney, quoted in your resolutions, 'that which is not just is not law, and that which is not law ought not to be obeyed.'--[Cheers.] They did not obey the stamp act. They did not call it law, and the man that did call it a law, here, eighty years ago, would have had a very warm coat of tar and feathers on him. They called it an 'act,' and they took the Commissioner who was here to execute it, took him solemnly, manfully,--_they didn't hurt a hair of his head_; they were non-resistants, of a very potent sort, [Cheers,]--and made him take a solemn oath that he would not issue a single stamp. He was brother-in-law of the Governor of the State, the servant of a royal master, 'exceedingly respectable,' of great wealth, and once very popular; but they took him, and made him swear not to execute his commission; and he kept his oath, and the stamp act went to its own place, and you know what that was. [Cheers.] That was an instance of the people going behind a wicked law to enact Absolute Justice into their statute, and making it Common Law. You know what they did with the tea.

"Well, gentlemen, in the South there is a public opinion, it is a very wicked public opinion, which is stronger than law. When a colored seaman goes to Charleston from Boston, he is clapped instantly into jail, and kept there until the vessel is ready to sail, and the Boston merchant or master must pay the bill, and the Boston black man must feel the smart. That is a wicked example, set by the State of South Carolina. When Mr. Hoar, one of our most honored and respected fellow-citizens, was sent to Charleston to test the legality of this iniquitous law, the citizens of Charleston ordered him off the premises, and he was glad to escape to save himself from further outrage. There was no violence, no guns fired. That was an instance of the strength of public opinion--of a most unjust and iniquitous public opinion."

* * * * *

"Well, gentlemen, I say there is one law--slave law; it is everywhere. There is another law, which also is a finality; and that law, it is in your hands and your arms, and you can put it in execution, just when you see fit.

"Gentlemen, I am a clergyman and a man of peace; I love peace. But there is a means, and there is an end; Liberty is the end, and sometimes peace is not the means towards it. [Applause.] Now, I want to ask you what you are going to do. [A voice--'shoot, shoot.'] There are ways of managing this matter without shooting anybody. Be sure that these men who have kidnapped a man in Boston, are cowards, every mother's son of them; and if we stand up there resolutely, and declare that this man shall not go out of the city of Boston, _without shooting a gun_--[cries of 'that's it,' and great applause,]--then he won't go back. Now, I am going to propose that when you adjourn, it be to meet at _Court Square, to-morrow morning at nine o'clock_. As many as are in favor of that motion will raise their hands. [A large number of hands were raised, but many voices cried out, 'Let's go to-night,' 'let's pay a visit to the slave-catchers at the Revere House,' etc. 'Put that question.'] Do you propose to go to the Revere House to-night, then show your hands. [Some hands were held up.] It is not a vote. We shall meet at _Court Square, at nine o'clock to-morrow morning_."

* * * * *

On the following Sunday, May 28, in place of the usual Scripture passages, I extemporized the following "Lesson for the Day," which on Monday appeared in the newspapers:--

"Since last we came together, there has been a man stolen in the city of our fathers. It is not the first; it may not be the last. He is now in the great slave-pen in the city of Boston. He is there against the law of the Commonwealth, which, if I am rightly informed, in such cases prohibits the use of State edifices as United States jails."

"A man has been killed by violence. Some say he was killed by his own coadjutors: I can easily believe it; there is evidence enough that they were greatly frightened. They were not United States soldiers, but volunteers from the streets of Boston, who, for their pay, went into the Court House to assist in kidnapping a brother man. They were so cowardly that they could not use the simple cutlasses they had in their hands, but smote right and left, like ignorant and frightened ruffians as they are. They may have slain their brother or not--I cannot tell."

"Why is Boston in this confusion to-day? The fugitive slave bill Commissioner has just now been sowing the wind, that we may reap the whirlwind. The old fugitive slave bill Commissioner stands back; he has gone to look after his 'personal popularity.' But when Commissioner Curtis does not dare appear in this matter, another man comes forward, and for the first time seeks to kidnap his man also in the city of Boston."

"But he has sown the wind, and we are reaping the whirlwind. All this confusion is his work. He knew he was stealing a Man born with the same unalienable right to 'life, liberty, and the pursuit of happiness,' as himself. He knew the slaveholders had no more right to Anthony Burns than to his own daughter. He knew the consequences of stealing a man. He knew that there are men in Boston who have not yet conquered their prejudices--men who respect the Higher Law of God. He knew there would be a meeting at Faneuil Hall, gatherings in the streets. He knew there would be violence."

"Edward Greeley Loring, Judge of Probate for the County of Suffolk, in the State of Massachusetts, fugitive slave bill Commissioner of the United States, before these citizens of Boston, on Ascension Sunday, assembled to worship God, I charge you with the death of that man who was killed on last Friday night. He was your fellow-servant in kidnapping. He dies at your hand. You fired the shot which makes his wife a widow, his child an orphan. I charge you with the peril of twelve men, arrested for murder, and on trial for their lives. I charge you with filling the Court House with one hundred and eighty-four hired ruffians of the United States, and alarming not only this city for her liberties that are in peril, but stirring up the whole Commonwealth of Massachusetts with indignation, which no man knows how to stop--which no man can stop. You have done it all!"[221]

[Footnote 221: 2 Parker's Additional, 74, 75, 81, 83.]

June 4th, I preached "of the New Crime against Humanity," and said:--

"Wednesday, the 24th of May, the city was all calm and still. The poor black man was at work with one of his own nation, earning an honest livelihood. A Judge of Probate, Boston born and Boston bred, a man in easy circumstances, a Professor in Harvard College, was sitting in his office, and with a single spurt of his pen he dashes off the liberty of a man--a citizen of Massachusetts. He kidnaps a man endowed by his Creator with the unalienable right to life, liberty, and the pursuit of happiness. He leaves the writ with the Marshal, and goes home to his family, caresses his children, and enjoys his cigar. The frivolous smoke curls round his frivolous head, and at length he lays him down to sleep, and, I suppose, such dreams as haunt such heads. But when he wakes next morn, all the winds of indignation, wrath, and honest scorn, are let loose. Before night, they are blowing all over this commonwealth--ay, before another night they have gone to the Mississippi, and wherever the lightning messenger can tell the tale. So have I read in an old mediæval legend that one summer afternoon, there came up a 'shape, all hot from Tartarus,' from hell below, but garmented and garbed to represent a civil-suited man, masked with humanity. He walked quiet and decorous through Milan's stately streets, and scattered from his hand an invisible dust. It touched the walls; it lay on the streets; it ascended to the cross on the minster's utmost top. It went down to the beggar's den. Peacefully he walked through the streets, vanished and went home. But the next morning, the pestilence was in Milan, and ere a week had sped half her population were in their graves; and half the other half, crying that hell was clutching at their hearts, fled from the reeking City of the Plague!"

"I have studied the records of crime--it is a part of my ministry. I do not find that any College Professor has ever been hanged for murder in all the Anglo-Saxon family of men, till Harvard College had that solitary shame. Is not that enough? Now she is the first to have a Professor that kidnaps men. 'The Athens of America' furnished both!

"I can understand how a man commits a crime of passion, or covetousness, or rage, nay, of revenge, or of ambition. But for a man in Boston, with no passion, no covetousness, no rage, with no ambition nor revenge, to steal a poor negro, to send him into bondage,--I cannot comprehend the fact. I can understand the consciousness of a lion, not a kidnapper's heart."

"But there is another court. The Empsons and the Dudleys have been summoned there before: Jeffreys and Scroggs, the Kanes, and the Curtises, and the Lorings, must one day travel the same unwelcome road. Imagine the scene after man's mythological way. 'Edward, where is thy brother, Anthony?' 'I know not; am I my brother's keeper, Lord?' 'Edward, where is thy brother, Anthony?' 'Oh, Lord, he was friendless, and so I smote him; he was poor, and I starved him of more than life. He owned nothing but his African body. I took that away from him, and gave it to another man!'

"Then listen to the voice of the Crucified--'Did I not tell thee, when on earth, "Thou shalt love the Lord thy God with all thy understanding and thy heart?"' 'But I thought thy kingdom was not of this world.'

"'Did I not tell thee that thou shouldst love thy neighbor as thyself? Where is Anthony, thy brother? I was a stranger, and you sought my life; naked, and you rent away my skin; in prison, and you delivered me to the tormentors--fate far worse than death. Inasmuch as you did it to Anthony Burns, you did it unto me.'"[222]

[Footnote 222: Parker's Additional, 167, 168, 169, 170, 171, 172.]

* * * * *

Gentlemen, 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 bill. I infer this partly from what took place in the room of the next Grand-Jury which found this indictment, and partly also from another source which you will look at for a moment.

I preach on Sundays in the Music Hall, which is owned by a Corporation who rent it to the 28th Congregational Society for their religious meetings. Mr. Charles P. Curtis, father-in-law of the Hon. Judge Curtis, and step-brother of Commissioner Loring, and a more distant relation but intimate friend of George T. Curtis, was then president of that Corporation, and one of its directors. At a meeting of the corporation, held presently after the kidnapping of Mr. Burns, Mr. Charles P. Curtis and his family endeavored to procure a vote of the Corporation to instruct the directors "to terminate the lease of the 28th Congregational Society as soon as it can be legally done, and not to renew it." Mr. Charles P. Curtis managed this matter clandestinely, but not with his usual adroitness, for at the meeting he disclosed the cause of his act,--that _Mr. Parker had called his brother a murderer_, probably referring to the passage just read from the "Lesson for the Day." But he took nothing by that motion.[223]

[Footnote 223: See the communications of Messrs. Chas. P. Curtis and Thomas B. Curtis, in the Boston Daily Advertiser of June, 1854; and the other articles setting forth the facts of the case.]

What influence this private and familistic disposition had in framing the Judge's charge, I leave it for you and the People of America to determine. You also can conjecture whether it had any effect on Mr. Greenough, the other son-in-law of Mr. Charles P. Curtis, who refused to return my salutation, and who, "by a miracle," was put on the new Grand-Jury after the old one was discharged, and then was so "very anxious to procure an indictment" against me. I leave all that with you. You can easily appreciate the efforts made to silence not only my Sunday preaching, but also the magnificent eloquence of Wendell Phillips; yes, to choke all generous speech, in order that kidnappers might pursue their vocation with none to molest or make them afraid.

But, Gentlemen, I fear you do not yet quite understand the arrogance of our Southern masters, and the fear and hatred they bear towards all who dare speak a word in behalf of the Rights of outraged Humanity. The gag-law of Congress which silenced the House of Representatives till John Quincy Adams, that noble son of a noble sire, burst through the Southern chain; the violation of the United States mails to detect "incendiary publications;" the torturing of men and women for an opinion against Slavery--all these are notorious; but they and all that I have yet stated of the action of the Federal Courts in the fugitive slave bill cases, with the "opinions" of Northern Judges already mentioned, do not fill up the cup of bitterness and poison which is to be poured down our throats. Let me, therefore, here give you one supplementary piece of evidence to prove how intensely the South hates the Northern Freedom of Speech. I purposely select this case from a period when Southern arrogance and Northern servility were far less infamous than now.

About twenty years ago Mr. R.G. Williams of New York published this sentence in a newspaper called the Emancipator,--"God commands and all nature cries out, that man should not be held as property. The system of making men property has plunged 2,250,000 of our fellow countrymen into the deepest physical and moral degradation, and they are every moment sinking deeper."

For this he was indicted by a Grand-Jury of the State of Alabama, and the Governor of that State made a demand on the Executive of New York insisting that Mr. Williams should be delivered up to take his trial in Alabama--a State where he had never been! But the New York Governor, after consulting with his law-advisers, did not come to the conclusion that it was consistent with the public policy of New York to "interfere actively" and promote Slavery in Alabama. _So he refused to deliver up Mr. Williams!_[224]

[Footnote 224: Med Case, p. 25.]

Gentlemen of the Jury, before you can convict me of the crime charged, you must ask three several sets of questions, and be satisfied of all these things which I will now set forth.

I. THE QUESTION OF FACT. Did I do the deed charged, and obstruct Marshal Freeman while in the peace of the United States, and discharging his official duty? This is a quite complicated question. Here are the several parts of it:--

1. Was there any illegal obstruction or opposition at all made to the Marshal? This is not clear. True, an attack was made on the doors and windows of the Court House, but that is not necessarily an attack on the Marshal or his premises. He has a right in certain rooms of the Court House, and this he has in virtue of a lease. He has also a right to use the passage-ways of the house, in common with other persons and the People in general. His rights as Tenant are subject to the terms of his lease and to the law which determines the relation of Tenant and Landlord. Marshal Freeman as tenant has no more rights than Freeman Marshal, or John Doe, or Rachel Roe would have under the same circumstances. Of course he had a legal right to defend himself if attacked, and to close his own doors, bar and fortify the premises he rented against the illegal violence of others. But neither his lease nor the laws of the land authorized him to close the other doors, or to obstruct the passages, no more than to obstruct the Square or the Street. No lease, no law gave him that right.

Now there have been three secret examinations of witnesses relative to this assault, before three Grand-Juries. No evidence has been offered which shows _that any attack was made on the premises of the Marshal_. The Supreme Court of Massachusetts was in session at the moment the attack was made on the Court House; the venerable Chief Justice was on the Bench; the jury had retired to consider the capital case then pending, and were expected to return with their verdict. The People had a right in the court-room, a right in the passage-ways and doors which lead thither. That court had not ordered the room to be cleared or the doors to be shut. Marshal Freeman closed the outer doors of the Court House, and thus debarred men of their right to enter a Massachusetts Court of Justice solemnly deciding a capital case. You are to consider whether an attack on the outer doors of the Court House, is an illegal attack on the Marshal who had shut those doors without any legal authority. If you decide this point as the government wishes, then you will proceed to the next question.

2. Did I actually obstruct him? If not, then the inquiry stops here. You answer "not guilty." But if I did, then it is worth while to consider how I obstructed him. (1.) Was it by a physical act, by material force; or, (2.) by a metaphysical act, immaterial or spiritual force--a word, thought, a feeling, a wish, approbation, assent, consent, "evincing an express liking."

3. Was Marshal Freeman, at the time of the obstruction, in the peace of the United States, or was he himself violating the law thereof? For if he were violating the law and thereby injuring some other man, and I obstructed him in that injury, then I am free from all legal guilt, and did a citizen's duty in obstructing his illegal conduct. Now it appears that he was kidnapping and stealing Anthony Burns for the purpose of making him the slave of one Suttle of Virginia, who wished to sell him and acquire money thereby; and that Mr. Freeman did this at the instigation of Commissioner Loring who was entitled to receive ten dollars if he enslaved Mr. Burns, and five only for setting him free. It appears also that Marshal Freeman was to receive large, official money for this kidnapping, and such honor as this Administration, and the Hunker newspapers, and lower law divines can bestow.

Now you are to consider whether a man so doing was in the peace of the United States. He professes to have acted under the fugitive slave bill which authorizes him to seize, kidnap, steal, imprison, and carry off any person whatsoever, 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 States. Is that bill Constitutional? The Constitution of the United States is the People's Power of Attorney by which they authorize certain servants, called Legislative, Judicial, and Executive officers, to do certain matters and things in a certain way, but prohibit them from doing in the name of the People, any thing except those things specified, or those in any but the way pointed out. Does the fugitive slave bill attempt those things and only those, in the way provided for in that Power of Attorney; or other things, or in a different way?

To determine this compound question you will look (1.) at the ultimate Purpose of the Constitution, the End which the People wanted to attain; and (2.) at the provisional Means, the method by which they proposed to reach it. Here of course the Purpose is more important than the Means. The Preamble to this Power of Attorney clearly sets forth this Purpose aimed at: here it is, "to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the Common Defence, promote the General Welfare, and secure the Blessings of Liberty." Is the fugitive slave bill a Measure tending to that End?

To answer that question you are to consult your own mind and conscience. You are not to take the opinion of the Court. For (1.) it would probably be their purchased _official_ opinion which the government pays for, and so is of no value whatever; or (2.) if it be their _personal_ opinion, from what Mr. Sprague and Mr. Curtis have said and done before, you know that their personal opinion in the matter would be of no value whatsoever. To me it is very plain that kidnapping a man in Boston and making him a slave, is not the way to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the Common Defence, promote the General Welfare, or secure the Blessings of Liberty. But you are to judge for yourselves. If you think the fugitive slave bill not a Means towards that End, which this national Power of Attorney proposes, then you will think it is unconstitutional, that Mr. Freeman was not in the peace of the United States, but acting against it; and then it was the Right of every citizen to obstruct his illegal wickedness and might be the Duty of some.

But not only does the fugitive slave bill contravene and oppose the Purpose of the Constitution, it also transcends the Means which that Power of Attorney declares the People's agents shall make use of, and whereto it absolutely restricts them. The Constitution prescribes that "the Judicial power shall be vested in one Supreme Court, and in such inferior courts the Congress may ordain and establish." "The Judges ... shall hold their offices during good behavior, and shall ... receive a compensation which shall not be diminished during their continuance in office." Now the Commissioner who kidnaps a man and declares him a slave, exercises _judicial power_. Commissioner Loring himself confesses it, in his Remonstrance against being removed from the office of Judge of Probate. You are to consider whether a Commissioner appointed by the Judge of the Court as a ministerial officer to take "bail and affidavits," and paid twice as much for stealing a victim as for setting free a man, is either such a "supreme" or such an "inferior court" as the Constitution vests the "judicial powers" in. If not, then the fugitive slave bill is unconstitutional because it does not use the Means which the People's Power of Attorney points out. Of course the inquiry stops at this point, and you return "not guilty."

4. It is claimed that the fugitive slave bill is sustained by this clause in the Constitution, "No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."[225] But if you try the fugitive slave bill by this rule, you must settle two questions. (1.) Who is meant by persons "held to service or labor?" and (2.) by whom shall they "be delivered up on claim?" Let us begin with the first.

[Footnote 225: Art. iv. § 2, ¶ 2.]

(1.) Who are the persons "held to service or labor?" The preamble to this People's Power of Attorney, sets forth the matters and things which the People's agents are empowered to achieve. "They are to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common Defence, promote the General Welfare and secure the Blessings of Liberty." Now the fugitive-from-labor clause must be interpreted in part by the light of the Purpose of the Constitution. So it would appear that this Power of Attorney, requires the delivery of only such as are _justly_ "held to service or labor;" and only to those men to whom this "service" is _justly_ "due." Surely, it would be a monstrous act to deliver up to his master a person _unjustly_ "held to service or labor," or one justly held to those to whom his service was not _justly_ due: it would be as bad to deliver up the _wrong fugitive_, as to deliver the right fugitive to the _wrong claimant_: it would be also monstrous to suppose that the People of the United States, with the Declaration of Independence in their memory, should empower their attorneys to deliver up a man _unjustly_ held to service or labor, and that too by the very instrument which directs them to "establish Justice" and "secure the Blessings of Liberty." Whatsoever interpretation was at the time put on the Constitution, whatsoever the People thereby intended, two things are plain--namely, (1.) that the language implies only such as are _justly_ held to service, or labor, and (2.) that the People had no moral right to deliver up any except such as were _justly_ held, and had _unjustly_ escaped.

If the opposite interpretation be accepted, and that clause be taken without restrictions, then see what will follow. South Carolina has already made a law by which she imprisons all _colored_ citizens of the free States who are found on her soil. Let us suppose she makes a new law for reducing to perpetual slavery all the white citizens of Massachusetts whom she finds on her soil; that a Boston vessel with 500 Boston men and women--sailing for California,--is wrecked on her inhospitable coast, and those persons are all seized and reduced to slavery; but some ten or twenty of the most resolute escape from the "service or labor" to which they are held, and return to their business in Boston. But their "owners" come in pursuit; the kidnapping Commissioners, Curtis and Loring, with the help of the rest of the family of men-stealers, arrest them under the fugitive slave bill. On the mock trial, it is shown by the kidnapper that they were legally "held to service or labor," and according to the constitution "shall be delivered up;" that this enslavement is perfectly "legal" in South Carolina; and the constitution says that no "law or regulation" of Massachusetts shall set them free. They must go with Sims and Burns. Gentlemen, you see where you are going, if you allow the Constitution of parchment to override the Constitution of Justice.

(2.) By whom shall they "be delivered up?" Either by the Federal Government, or else by the Government of the State into which they have escaped. Now the Federal Government has no constitutional power, except what the Constitution gives it. Gentlemen, 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 else. I know the Government has done it, as the British Government levied ship-money, and put men to the rack, but it is against the Constitution of the land.

Gentlemen, you will settle these constitutional questions according to your conscience, not mine. But if the fugitive slave bill demands the rendition of men from whom service is not _justly_ due--due by the Law of God, 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 States." Your inquiry stops at this point.

5. But, if satisfied on all which relates to this question of his being in the peace of the United States, you are next to inquire if Mr. Freeman, at the time of the obstruction was "Marshal of the United States," and "in the due and lawful discharge of his duties as such officer." There is no doubt that he was Marshal; but there may be a doubt that he was in the "lawful discharge of his duties as such officer." Omitting what I first said, (I. 1.) see what you must determine in order to make this clear.

(1.) Was Commissioner Loring, who issued the warrant to kidnap Mr. Burns, legally qualified to do that act. Gentlemen, there is no record of his appointment and qualification by the form of an oath. No evidence has been adduced to this point. Mr. Loring says he was duly appointed and qualified. There is no written line, no other word of mouth to prove it.

(2.) Admitting that Mr. Loring had the legal authority to command Mr. Freeman to steal Mr. Burns, it appears that stealing was done feloniously. The Marshal's guard seized him on the charge of Burglary--a false charge. You are to consider whether Mr. Freeman had legally taken possession of his victim.

(3.) If satisfied thus far, you are to inquire if he held him legally. It seems he was imprisoned in a public building of Massachusetts, which was by him used as a jail for the purpose of keeping a man claimed as a fugitive slave, contrary to the express words of a regular and constitutional statute of Massachusetts.

If you find that Mr. Freeman was not in the lawful discharge of his duties as Marshal, then the inquiry stops here, and you return a verdict of "not guilty."

But if you are convinced that an obstruction was made against a Marshal in the peace of the United States, and in the legal discharge of a legal, constitutional duty, then you settle the question of Fact against me, and proceed to the next point.

II. _The Question of Law._

1. Is there a law of the United States punishing this deed of mine? The answer will depend partly on the kind of opposition or obstruction which I made. If you find (1.) that I obstructed him, while in the legal discharge of his legal duties, with physical force, violence, then there is a law, clear and unmistakable, forbidding and punishing that offence. But if you find (2.) that I obstructed him with only metaphysical force,--"words," "thoughts," "feelings," "wishes," "consent," "assent," "evincing an express liking," "or approbation," then it may be doubtful to you whether the law of 1790, or any other law of the United States forbids that.

2. But if you find there is such a law, punishing such metaphysical resistance--and the court by the charge to the Grand-Jury seems plainly of that opinion, which is fortified by the authority of Chief Justice Kelyng and Judge Chase, two impeached judges--then you will consider whether that law is constitutional. And here you will look at two things, (1.) The Purpose of the Constitution already set forth; and (2.) at the Means provided for by that Power of Attorney. For if the agents of the People--legislative, judiciary, or executive--have exceeded their delegated authority, then their act is invalid and binding on no man. If I, in writing, authorize my special agent to sell my Ink-stand for a dollar, I am bound by his act in obedience thereto. But if on that warrant he sells my Writing-Desk for that sum, I am not bound by his unauthorized act. Now I think there will be grave doubts, whether any law, which with fine and imprisonment punishes such words, thoughts, feelings, consent, assent, "express liking," approbation, is warranted by the People's Power of Attorney to their agents. The opinion of the Court on such a matter, Gentlemen, I think is worth as much as Bacon's opinion in favor of the rack; or Jones's opinion that Charles I. had the right to imprison members of Parliament for words spoken in the Commons' Debate; or the opinion of the ten judges that Ship-money was lawful; or of the two chief justices that the Seven Bishops' Petition to James II. was high treason; or Thurlow's opinion that a jury is the natural enemy of the King. Gentlemen, I think it is worth nothing at all. But if you think otherwise, you have still to ask:--

3. Is this law just? That is does it coincide with the Law of God, the Constitution of the Universe? There your own conscience must decide. Mr. Curtis has told you there is no Morality but Legality, no standard of Right and Wrong but the Statute, your only light comes from this printed page, "Statutes of the United States," and through these sheepskin covers. Gentlemen, if your conscience is also bound in sheepskin you will think as these Honorable Judges, and recognize only Judge Curtis's "Standard of Morality,"--no Higher Law. But even if you thus dispose of the Question of Law, there will yet remain the last part of your function.

III. _The Question of the Application of the Law to the Fact._ To determine this Question you are to ask:--

1. Does the law itself, the act of 1790, apply to such acts, that is, to such words, thoughts, wishes, feelings, consent, assent, approbation, express liking, and punish them with fine and imprisonment? If not, the consideration ends: but if it does, you will next ask:--

2. Is it according to the Constitution of the United States--its Purpose, its Means--thus to punish such acts? If not satisfied thereof, you stop there; but if you accept Judge Curtis's opinion then you will next inquire:--

3. Is it expedient in this particular case to apply this law, under the circumstances, to this man, and punish him with fine and imprisonment? If you say "yes" you will then proceed to the last part of the whole investigation, and will ask:--

4. Is it just and right; that is according to the Natural Law of God, the Constitution of the Universe? Here you will consider several things.

(1.) What was the Marshal legally, constitutionally, and justly doing at the time he was obstructed? He was stealing, kidnapping, and detaining an innocent man, Anthony Burns, with the intention of depriving him of what the Declaration of Independence calls his natural and unalienable Right to liberty and the pursuit of happiness. Mr. Burns had done no wrong or injury to any one--but simply came to Massachusetts, to possess and enjoy these natural rights. Marshal Freeman had seized him on the false charge of burglary, had chained him in a dungeon contrary to Massachusetts law,--there were irons on his hands.

It is said he was a slave: now a slave is a person whom some one has stolen from himself, and by force keeps from his natural rights. Mr. Burns sought to rescue himself from the thieves who held him; Marshal Freeman took the thieves' part.

(2.) Was there any effectual mode of securing to Mr. Burns his natural and unalienable Right except the mode of forcible rescue? Gentlemen of the Jury, it is very clear there was none at all. The laws of Massachusetts were of no avail. Your own Supreme Court, which in 1832, at the instigation of Mr. Charles P. Curtis, sent a little boy not fourteen years old into Cuban Slavery to gratify a slave-hunting West Indian, in 1851, had voluntarily put its neck under the Southern chain. Your Chief Justice, who acquired such honorable distinction in 1836 by setting free the little girl Med from the hands of the Curtises, in 1851 spit in the face of Massachusetts, and spurned her laws with his judicial foot. It was plain that Commissioner Loring did not design to allow his victim a fair trial--for he had already prejudged the case; he advised Mr. Phillips "to make no defence, put no 'obstruction' in the way of the man's going back, as he probably will," and, before hearing the defence sought to settle the matter by a sale of Mr. Burns.

Gentlemen, 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 Mr. Burns against law, and against evidence, but communicated his decision to the slave-hunters nearly twenty-four hours before he announced it in open court! No, Gentlemen, when a man claimed as a fugitive is brought before either of these two members of this family of kidnappers--who run now in couples, hunting men and seeking whom they may devour--there is no hope for him: it is only a mock-trial, worse than the Star-chamber inquisition of the Stuart kings. Place no "obstructions in the way of the man's going back," said the mildest of the two, "as he probably will." Over that door, historic and actual, as over that other, but fabulous, gate of Hell should be written:--

"Through me they go to the city of sorrow; Through me they go to endless agony; Through me they go among the nations lost: Leave every hope, all ye that enter here!"

The only hope of freedom for Mr. Burns lay in the limbs of the People! Anarchy afforded him the only chance of Justice.

(3.) Did they who it is alleged made the attack on the Marshal, or they who it is said instigated them to the attack, do it from any wicked, unjust, or selfish motive? Nobody pretends it--Gentlemen, we had much to lose--ease, honor--for with many persons in Boston it is a disgrace to favor the unalienable Rights of man, as at Rome to read the Bible, or at Damascus to be a Christian--ease, honor, money, liberty--if this Court have its way,--nay, life itself; for one of the family which preserves the Union by kidnapping men, counts it a capital crime to rescue a victim from their hands, and Mr. Hallett, when only a democratic expectant of office, declared "if it only resists law and obstructs its officers ... it is treason ... and he who risks it must risk hanging for it." No, Gentlemen, I had much to lose by my words. I had nothing to gain. Nothing I mean but the satisfaction of doing my duty to Myself, my Brother, and my God. And tried by Judge Sprague's precept, "Obey both," that is nothing; or by Judge Curtis's "Standard of Morality" it is a crime; and according to his brother it is "Treason;" and according to, I know not how many ministers of commerce, it is "infidelity"--"treasonable, damnable doctrine."

No, Gentlemen, no selfish motive could move me to such conduct. The voice of Duty was terribly clear: "Inasmuch as ye have done it unto the least of these my brethren, ye have done it unto me."

Put all these things together, Gentlemen. Remember there is a duty of the strong to help the weak: that all men have a common interest in the common duty to keep the Eternal Law of Justice; remember we are all of us to appear one day before the Court which is of purer eyes than to love iniquity. Ask what says Conscience--what says God. Then decide as you must decide.

The eyes of the nation are upon you. 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 bill, and of preventing, as far as possible, all noble thought which opposes the establishment of Despotism, now so rapidly encroaching upon our once Free Soil: they hold by this Petty Serjeantry--a menial service not mentioned in any book even of "Jocular Tenures."

If you could find me guilty--it is not possible, only conceivable with a contradiction,--you would delight the Slave Power--Atchison, Cushing, Stringfellow, and their Northern and Southern crew--for to them I seem identified with New England Freedom of Speech. "Aha," they will neigh and snicker out, "Judge Curtis has got the North under his feet! Mr. Webster knew what he was about when putting him in place!"

English is the only tongue in which Freedom can speak her political or religious word. Shall that tongue be silenced; tied in Faneuil Hall; torn out by a Slave-hunter? The Stamp Act only taxed commercial and legal documents; the fugitive slave bill makes our words misdemeanors. The Revenue Act did but lay a tax on tea, three-pence only on a pound: the Slave-hunters' act taxes our thoughts as a crime. The Boston Port Bill but closed our harbor, we could get in at Salem; but the Judge's Charge shuts up the mouth of all New England, not a word against man-hunting but is a "crime,"--the New Testament is full of "misdemeanors." Andros only took away the Charter of Massachusetts; Judge Curtis's "law" is a _quo warranto_ against Humanity itself. "Perfidious General Gage" took away the arms of Boston; Judge Curtis _charges_ upon our Soul; he would wring all religion out of you,--no "Standard of Morality" above the fugitive slave bill; you must not, even to God in your prayers, 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 Moloch.

Decide according to your own Conscience, Gentlemen, not after mine.

* * * * *

Gentlemen of the Jury, I must bring this defence to a close. Already it is too long for your patience, though far too short for the mighty interest at stake, for it is the Freedom of a Nation which you are to decide upon. I have shown you the aim and purposes of the Slave Power--to make this vast Continent one huge Despotism, a House of Bondage for African Americans, a House of Bondage also for Saxon Americans. I have pointed out the course of Despotism in Monarchic England; you have seen how there the Tyrants directly made wicked laws, or when that resource failed, how they reached indirectly after their End, and appointed officers to pervert the law, to ruin the people. You remember how the King appointed base men as Attorneys and Judges, and how wickedly they used their position and their power, scorning alike the law of God and the welfare of Man. "The Judges in their itinerant Circuits," says an old historian,[226] "the more to enslave the people to obedience, being to speak of the king, would give him sacred titles as if their advancement to high places must necessarily be laid upon the foundation of the People's debasement." You have not forgotten Saunders, Kelyng, and Jeffreys and Scroggs; Sibthorpe and Mainwaring you will remember for ever,--denouncing "eternal damnation" on such as refused the illegal tax of Charles I. or evinced an express disapprobation of his tyranny.

[Footnote 226: In 2 Kennett, 753.]

Gentlemen, you recollect how the rights of the jury were broken down,--how jurors were threatened with trial for perjury, insulted, fined, and imprisoned, because they would be faithful to the Law and their Conscience. You remember how the tyrannical king clutched at the People's purse and their person too, and smote at all freedom of speech, while the purchased Judges were always ready, the tools of Despotism. But you know what it all came to--Justice could not enter upon the law through the doors of Westminster Hall; so she tried it at Naseby and Worcester and with her "Invincible Ironsides" took possession by means of pike and gun. Charles I. laid his guilty head on the block; James II. only escaped the same fate by timely flight. If Courts will not decree Justice, then Civil War will, for it must be done, and a battle becomes a "Crowning Mercy."

Gentlemen, I have shown you what the Slave Power of America aims at,--a Despotism which is worse for this age than the Stuarts' tyranny for that time. You see its successive steps of encroachment. Behold what it has done within ten years. It has made Slavery perpetual in Florida; has annexed Texas, a Slave State as big as the kingdom of France; has fought the Mexican War, with Northern money, and spread bondage over Utah, New Mexico, and California; it has given Texas ten millions of Northern dollars to help Slavery withal; it has passed the fugitive slave bill and kidnapped men in the West, in the Middle States, and even in our own New England; it has given ten millions of dollars for a little strip of worthless land, the Mesilla valley, whereon to make a Slave Railroad and carry bondage from the Atlantic to the Pacific; it has repealed the Prohibition of Slavery, and spread the mildew of the South all over Kansas and Nebraska. Ask your capitalists, who have bought Missouri lands and railroads, how their stock looks just now; not only your Liberty but even their Money is in peril. You know the boast of Mr. Toombs. Gentlemen, you know what the United States Courts have done--with poisoned weapons they have struck deadly blows at Freedom. You know Sharkey and Grier and Kane. You recollect the conduct of Kidnappers' Courts at Milwaukie, Sandusky, Cincinnati, Philadelphia--in the Hall of Independence. But why need I wander so far? Alas! you know too well what has been done in Boston, our own Boston, the grave of Puritan piety. You remember the Union Meeting, Ellen Craft, Sims, chains around the Court House, the Judges crawling under, soldiers in the street, drunk, smiting at the citizens; you do not forget Anthony Burns, the Marshal's guard, the loaded cannon in place of Justice, soldiers again in the streets smiting at and wounding the citizens. You recollect all this--the 19th of April, 1851, Boston delivering an innocent man at Savannah to be a slave for ever, and that day scourged in his jail while the hirelings who enthralled him were feasted at their Inn;--Anniversary week last year--a Boston Judge of Probate, the appointed guardian of orphans, kidnapping a poor and friendless man! You cannot forget these things, no, never!

You know who did all this: a single family--the Honorable Judge Curtis, with his kinsfolk and friends, himself most subtly active with all his force throughout this work. When Mr. Webster prostituted himself to the Slave Power this family went out and pimped for him in the streets; they paraded in the newspapers, at the Revere House, and in public letters; they beckoned and made signs at Faneuil Hall. That crime of Sodom brought Daniel Webster to his grave at Marshfield, a mighty warning not to despise the Law of the Infinite God; but that sin of Gomorrah, it put the Hon. Benj. R. Curtis on this Bench; gave him his judicial power to construct his "law," construct his "jury," to indict and try me. Try me! No, Gentlemen, it is you, your wives and your children, who are up for swift condemnation this day. Will you wait, will you add sin to sin, till God shall rain fire and brimstone on your heads, and a Dead Sea shall cover the place once so green and blossoming with American Liberty? Decide your own fate. When the Judges are false let the Juries be faithful, and we have "a crowning mercy" without cannon, and the cause of Justice is secure. For "when wicked men seem nearest to their hopes, the godly man is furthest from his fears."

You know my "offence," Gentlemen. I have confessed more than the government could prove. You are the "Country:" the Nation by twelve Delegates is present here to-day. In the name of America, of mankind, you are to judge of the Law, the Fact, and the Application of the Law to the Fact. You are to decide whether you will spread Slavery and the Consequences of Slavery all over the North; whether Boston, New England, all the North, shall kidnap other Ellen Crafts, other Thomas Sims, other Anthony Burns,--whether Sharkey and Grier, and Kane and Curtis, shall be Tyrants over you--forbidding all Freedom of Speech: or whether Right and Justice, the Christian Religion, the natural service of the Infinite God shall bless our wide land with the numberless Beatitudes of Humanity. Should you command me to be fined and go to jail, I should take it very cheerfully, counting it more honor to be inside of a jail in the austere silence of my dungeon, rather than outside of it, with a faithless Jury, guilty of such treason to their Country and their God. But, forgive me! you cannot commit such a crime against Humanity. Pardon the monstrous figure of my speech,--it is only conceivable, not also possible. These Judges could do it--their speeches, their actions, that Charge, this Indictment, proves all that--but you cannot;--not you. You are the Representatives of the People, the Country, not idiotic in Conscience and the Affections.

Gentlemen, I am a minister of Religion. It is my function to teach what is absolutely true and absolutely right. I am the servant of no sect,--how old soever, venerable and widely spread. I claim the same religious Rights with Luther and Calvin, with Budha and Mohammed; yes, with Moses and Jesus,--the unalienable Right to serve the God of Nature in my own way. I preach the Religion which belongs to Human Nature, as I understand it, which the Infinite God imperishably writes thereon,--Natural Piety, love of the infinitely perfect God, Natural Morality, the keeping of every law He has written on the body and in the soul of man, especially by loving and serving his creatures. Many wrong things I doubtless do, for which I must ask the forgiveness of mankind. But do you suppose I can keep the fugitive slave bill, obey these Judges, and kidnap my own Parishioners? It is no part of my "Christianity" to "send the mother that bore me into eternal bondage." Do you think I can suffer Commissioner Curtis and Commissioner Loring to steal my friends,--out of my meeting-house? Gentlemen, when God bids me do right and this Court bids me do wrong, I shall not pretend to "obey both." I am willing enough to suffer all that you will ever lay on me. But I will not do such a wrong, nor allow such wickedness to be done--so help me God! How could I teach Truth, Justice, Piety, if I stole men; if I allowed Saunders, Jeffreys, Scroggs, or Sharkey, Grier, Kane, or in one word, Curtis, to steal them? I love my Country, my kindred of Humanity; I love my God, Father and Mother of the white man and the black; and am I to suffer the Liberty of America to be trod under the hoof of Slaveholders, Slave-drivers; yes, of the judicial slaves of slaveholders' slave-drivers? I was neither born nor bred for that. I drew my first breath in a little town not far off, a poor little town where the farmers and mechanics first unsheathed that Revolutionary sword which, after eight years of hewing, clove asunder the Gordian knot that bound America to the British yoke. One raw morning in spring--it will be eighty years the 19th of this month--Hancock and Adams, the Moses and Aaron of that Great Deliverance, were both at Lexington; they also had "obstructed an officer" with brave words. British soldiers, a thousand strong, came to seize them and carry them over sea for trial, and so nip the bud of Freedom auspiciously opening in that early spring. The town militia came together before daylight "for training." A great, tall man, with a large head and a high, wide brow, their Captain,--one who "had seen service,"--marshalled them into line, numbering but seventy, and bad "every man load his piece with powder and ball." "I will order the first man shot that runs away," said he, when some faltered; "Don't fire unless fired upon, but if they want to have a war,--let it begin here." Gentlemen, you know what followed: those farmers and mechanics "fired the shot heard round the world." A little monument covers the bones of such as before had pledged their fortune and their sacred honor to the Freedom of America, and that day gave it also their lives. I was born in that little town, and bred up amid the memories of that day. When a boy my mother lifted me up, one Sunday, in her religious, patriotic arms, and held me while I read the first monumental line I ever saw:--

"SACRED TO LIBERTY AND THE RIGHTS OF MANKIND."

Since then I have studied the memorial marbles of Greece and Rome in many an ancient town; nay, on Egyptian Obelisks have read what was written before the Eternal roused up Moses to lead Israel out of Egypt, 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 COUNTRY."

Gentlemen, the Spirit of Liberty, the Love of Justice, was early fanned into a flame in my boyish heart. That monument covers the bones of my own kinsfolk; it was their blood which reddened the long, green grass at Lexington. It is my own name which stands chiselled on that stone; 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 Independence,--the last to leave the field,--was my father's father. I learned to read out of his Bible, and with a musket he that day captured from the foe, I learned also another religious lesson, that

"REBELLION TO TYRANTS IS OBEDIENCE TO GOD."

I keep them both, "Sacred to Liberty and the Rights of Mankind," to use them both "In the Sacred Cause of God and my Country."

Gentlemen of the Jury, and you my fellow-countrymen of the North, I leave the matter with you. Say "Guilty!" You cannot do it. "Not Guilty." I know you will, for you remember there is another Court, not of fugitive slave bill law, where we shall all be tried by the Justice of the Infinite God. Hearken to the last verdict, "INASMUCH AS YE HAVE DONE IT UNTO ONE OF THE LEAST OF THESE MY BRETHREN, YE HAVE DONE IT UNTO ME."

END.

ERRATA.

Page 19, line 16 from top, instead of _rest_, read _government_. " 23 " 10 " " " " 1618, read 1215. " 76 " 2 " " " " _Aoncilia_, read _Ancilia_. " 78 " 3 " bottom, " " _not_, read _or_. " 84 " 11 " " " " _promoting_, read _perverting_. " 89 " 18 " " omit _his_, before _vengeance_.

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PAMPHLETS.

TWO SERMONS ON LEAVING THE OLD AND ENTERING THE NEW PLACE OF WORSHIP. (1852.) 20

DISCOURSE OF DANIEL WEBSTER. (1853.) Cloth. 50

A SERMON OF OLD AGE. (1854.) 15

THE NEW CRIME AGAINST HUMANITY. (1854.) 20

THE LAWS OF GOD AND THE STATUTES OF MAN. (1854.) 15

THE DANGERS WHICH THREATEN THE RIGHTS OF MAN IN AMERICA. (1854.) 20

THE MORAL DANGERS INCIDENT TO PROSPERITY. (1855.) 15

CONSEQUENCES OF AN IMMORAL PRINCIPLE. (1855.) 15

FUNCTION OF A MINISTER. (1855.) 20

TWO SERMONS IN PROCEEDINGS OF PROGRESSIVE FRIENDS. (1855.) 15

End of Project Gutenberg's The Trial of Theodore Parker, by Theodore Parker