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

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

Chapter 8: ERRATA.
By Theodore Parker
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About This Book

The volume collects the court proceedings and the author's legal defence arising from his 1855 prosecution for delivering an anti‑slavery speech in Boston, presenting a trial transcript, the full defence address, a preface, and introductory remarks. The author contrasts an Idea of Freedom—natural, equal, unalienable rights and democratic government—with an Idea of Slavery rooted in power and inequality, and argues on moral, religious, and constitutional grounds for the right to speak against kidnapping and slaveholding. Legal argument, rhetorical force, and political reflection are combined to contest the charges and to defend freedom of speech.

ERRATA.

Page19,line16fromtop,insteadofrest, 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"" omithis, before vengeance.

OTHER WORKS BY THE SAME AUTHOR.

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Additional Sermons and Speeches. 2 Vols. 12mo.2.50

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
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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

FOOTNOTES

[1] 2 Parker's Additional Speeches, 178-283.

[2] The charge is printed below, at page 170.

[3] See Law Reporter for June, 1855.

[4] See this statement in Mr. Parker's Additional Speeches, Addresses, and Occasional Sermons. Boston, 1855, vol. ii. p. 250, et seq.

[5] 2 Campbell, 372, 374.

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

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

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

[9] 4 Parl. Hist. 162.

[10] 3 Campbell, 394.

[11] 2 Campbell Chief Justices, 86.

[12] 3 Campbell, 473.

[13] 3 Hallam, 142.

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

[15] Account of him in Preface to his Reports, (1675); 3 St. Tr. 162, 293, 844, 1181; 2 Parl. Hist. 869; 1 Rushworth, 661, et al.; Whitlocke, 14, et al.

[16] 6 St. Tr. 634; 1 Campbell Justices, 442.

[17] 6 St. Tr. 161.

[18] 1 Campbell Justices, 401.

[19] 16 Parl. Hist. 1291, 1292, 1293.

[20] 5 Campbell, 398.

[21] 5 Campbell, 410.

[22] 17 Parl. Hist. 1313.

[23] 18 St. Tr. 999.

[24] Peirce's Vindication, (1717,) 174.

[25] 2 St. Tr. 869; 16 Montagu's Bacon, clxvi.; 2 Campbell, 291.

[26] 2 St. Tr. 879.

[27] 3 St. Tr. 769; 2 Campbell, 400.

[28] 3 St. Tr. 373; Franklyn, 361; 2 Hallam (Paris, 1841), 6 ac etiam 13; 2 Mrs. Macaulay, 16, 45, 65.

[29] 3 St. Tr. 293; 1 Rushworth; 2 Hallam, 2; 2 Parl. Hist. 488, 504; Foster's Eliot, 100; 2 Mrs. Macaulay, ch. i. ii.

[30] 3 St. Tr. 383; Laud's Diary, 4th November; 2 Hallam, 28.

[31] 3 St. Tr. 561; 2 Hallam, 28, and his authorities. See also 2 Echard, 109, et seq., 124, et seq., 202, 368, 510; the remarks of Hume, Hist. ch. lii., remind me of the tone of the fugitive slave bill Journals of Boston in 1850-54.

[32] 1 Macaulay, (Harper's Ed.) 456-8.

[33] 1 Macaulay, 456; 11 St. Tr. 493.

[34] 2 Campbell's Justices, 87.

[35] See 2 Brewster's Newton, 108.

[36] 12 St. Tr. 239.

[37] 12 St. Tr. 427, 428, 429.

[38] 12 St. Tr. 281.

[39] 12 St. Tr. 415, 416, 417.

[40] See 2 Campbell's Justices, 95.

[41] 20 St. Tr. 780-783.

[42] 20 St. Tr. 651; 5 Campbell, 415.

[43] Statesmen, 2 Series, 109.

[44] 5 Campbell, 460; 27 Parl. Hist. 638.

[45] 1 Campbell's Justices, 404-5; Kelyng's Reports, 70.

[46] 6 St. Tr. 879, note 911.

[47] Kelyng's Reports, 12.

[48] Ibid. 22.

[49] Kelyng's Reports, 13.

[50] See his Defence of Hardy, 24 St. Tr. 877.

[51] See 2 St. Tr. 774, note.

[52] 1 Jardine, Crim. Tr. 16.

[53] 2 St. Tr. 871.

[54] 1 Jardine, 19.

[55] Ibid.

[56] 3 St. Tr. 371. See 30 St. Tr. 892.

[57] 1 Jardine, 20. See Emlyn, Preface to St. Tr. in 1 Hargrave, p. iii.

[58] 30 St. Tr. 225.

[59] See case of Huggins in 17 St. Tr. 297, 309.

[60] 1 Hargrave's St. Tr. 6.

[61] 2 St. Tr. 371, and 11 Hargrave, 29; 1 Campbell's Justices, 204.

[62] 1 Hallam, 231. See 1 Parl. Hist. 1030, 1132, 1150; Baker's Chronicle, 430.

[63] 2 St. Tr. 899; 1 Hallam, 251; 2 Campbell, 291.

[64] 1 Parl. Hist. 1156.

[65] 3 St. Tr. 1. See also 2 Parl. Hist. 288; 1 Rushworth and 1 Mrs. Macaulay, 341.

[66] 1 Campbell, Justices, 311; 2 Parl. Hist. 245, 350, 373, 408, et al.; 3 St. Tr. 59.

[67] See above, p. 29.

[68] 1 Campbell's Justices, 315.

[69] 3 St. Tr. 825. See the opinion of the Judges with their twelve names, 844, and note †.

[70] Whitelocke, Memor. 25.

[71] 2 Hallam, 16.

[72] 2 Hallam, 18.

[73] Cited in Franklyn, 208; 1 Rushworth, 422, 436, 444.

[74] Franklyn, 208, 592. These two Sermons were published in a volume with the title "Religion and Allegiance."... "Published by his Majesty's special command." (London, 1628.) Prof. Stuart seems inspired by this title in giving a name to his remarkable publication—written with the same spirit as Dr. Mainwaring's—"Conscience and the Constitution." (Andover, 1851.) See 3 St. Tr. 335; 1 Rushworth, 422, 436, 585, et al.; 1 Hallam, 307; 2 Parl. Hist. 388, 410.

[75] 2 Campbell, 460; 1 Rushworth, 1205.

[76] Carroll's Counter Revolution (Lond. 1846), 99, et seq.

[77] 8 St. Tr. 1038, and the quotations from North (Examen.) Sprat, and Roger Coke, in note on p. 1041, et seq. See, too, Fox, James II. p. 48, 54, and Appendix, Barillon's Letter of Dec. 7th, 1684.

[78] 2 Hallam, 333; Burnet, Own Times (London, 1838), 350; 8 St. Tr. 1039, 1081 note, 1267, et seq.; 2 Campbell, Justices, 63; North's Examen. 626; Fox, 54.

[79] 11 St. Tr. 1165; 12 Ibid. 358.

[80] This last name is thought to be extinct in Great Britain, but I find one Thomas Scruggs in Massachusetts in 1635 et post, 1 Mass. Records (1628-1641), index.

[81] 1 St. Tr. 252.

[82] 1 St. Tr. 1271; 1 Neal's Puritans (N.Y. 1844), 190. See 16 Parl. Hist. 1276, where Mr. Dunning says this is the first example of such a charge to a jury.

[83] 2 St. Tr. 1085.

[84] 7 St. Tr. 687.

[85] 6 St. Tr. 701; see Dunning in 16 Parl. Hist. 1276, et seq.

[86] 7 St. Tr. 701.

[87] In 2 Collectanea Juridica, 228.

[88] 7 St. Tr. 925.

[89] 7 St. Tr. 1111, 959; 4 Parl. Hist. 1274.

[90] 7 St. Tr. 1333.

[91] 7 St. Tr. 1127.

[92] 17 St. Tr. 674; 5 Campbell, 57; Hildreth's Despotism, 199.

[93] 20 St. Tr. 900. But see 28 St. Tr. 595, and 16 Parl. Hist. 1211.

[94] For the frequency of trials for words spoken in Charles II.'s reign of terror, see the extracts from Narcissus Luttrel's Brief Historical Relation, 10 St. Tr. 125.

[95] 1 Rushworth, 502.

[96] 2 Parl. Hist. 232. See also 441, 471. He had been thrown into the Tower by James in 1624. Cabbala (3d Ed.), 311.

[97] Parl. Hist. 867.

[98] 1 Rushworth, 502.

[99] See the steps of the process in 1 Hutchinson, (Salem, 1795,) 297; 8 St. Tr. 1068, note.

[100] Barillon to Louis XIV. in Fox's Appendix, p. vii., et seq. In 1685 Halifax, who had been friendly to the rights of the colonies, was dismissed from his office; Sunderland, their enemy, had a pension from Louis XIV. of £5,000 or £6,000 a year; p. cxxvii., cxxx. et seq., cxliii., cxlviii. Not the last instance of a high functionary pensioned by a foreign hand!

[101] 1 Hutch. 316; 2 Hildreth, Hist. 108; 2 Bancroft, 425; Washburn, Judicial Hist. of Mass. 105; Drake's Boston, ch. L.

[102] 1 Felt's Salem, 24; 2 Ib. 542; Felt's Ipswich, 123, et seq.; Gage's Rowley, 157, et seq.; Sullivan's Land Titles, 54.

[103] Hutch. 327; Washburn, ibid.

[104] 5 Bancroft, 358.

[105] 6 Bancroft, 213.

[106] 6 Bancroft, 250, 251, 291; Sabine's Loyalists, 207, et al.

[107] 6 Bancroft, 250, 251, 291; Sabine's Loyalists, 207, et al.

[108] 16 Parl. Hist. 168, 195, 658.

[109] Debates in New York Convention, 371, et al.

[110] Jordan's Speech, ibid., 447, et al. See also Mr. Stow's Remarks, 473, and Mr. Stephens', 474, et al. Yet all these four speakers were lawyers.

[111] Hildreth's Despotism in America (1854), 263, et al.

[112] By this term I mean all the nations with language akin to the German.

[113] In this brief sketch I do not refer to the authorities, but see, who will, the classic passages and proof-texts in the well-known works of Grimm, Rogge, Biener, Michelsen, Möser, Phillips, Eichhorn, Maurer, and others.

[114] See other forms of Oath in 8 St. Tr. 759, 772.

[115] The above extracts are from Judge Woodbury's charge to the Grand-Jury, in Circuit Court of United States, at Boston, taken from the Evening Traveller, copying the reprint of Boston Daily Advertiser, of October 25, 1850.

[116] Words of Chief Justice Parker, in Commonwealth vs. Griffith, 2 Pickering's Reports, 19, cited with approbation by Chief Justice Shaw, in the Sims case, 7 Cushing's Reports, 705, and also cited from him and acted on by fugitive slave bill Commissioner Loring, in the Burns case.

[117] See Boston Daily Advertiser of March 19, 1851.

[118] See above, p. 33, 37, et al.

[119] See 1 Jardine, Criminal Trials, 110. 2 Parker's Sermons, 266 and note.

[120] See Hon. Judge Curtis's Speech at the Union Meeting in Faneuil Hall, November 26, 1850.

[121] See the case in 1 St. Tr. 869, and 1 Jardine, 40, also 115. The great juridical attacks upon English Liberty were directed against the Person of the Subject, and appear in the trials for Treason, but as in such trials the defendant had no counsel, the great legal battle for English Liberty was fought over the less important cases where only property was directly concerned. Hence the chief questions seem only to relate to money.

[122] 6 St. Tr. 951; Dixon's Life of Penn; 22 St. Tr. 925.

[123] 8 St. Tr. 759, see the valuable matter in the notes, also 2 Hallam, 330 and notes.

[124] See above, p. 32.

[125] 12 St. Tr. 430.

[126] Burnet's Own Times, 470. See also 2 Campbell, Justices, 89, et seq.

[127] 18 St. Tr. 1203; 14 Parl. Hist. 888, 1063; 3 Hallam, 200; 2 Campbell, Justices, 198.

[128] 20 St. Tr. 803, 895, 869; Woodfall's Junius (Bohn, 1850), Preface, p. 94, Appendix, p. 471; 2 Campbell, Justices, 363; 5 Mahon.

[129] 22 St. Tr. 923.

[130] 2 St. Tr. 1793.

[131] 22 St. Tr. 523.—So late as 1820, the chief justice punished an editor with a fine of £500, for publishing an account of a trial for high treason. See 33 St. Tr. 1564, also 22 St. Tr. 298; 2 Campbell, Justices, 363, 371 et al.

[132] 22 St. Tr. 471.

[133] Ibid. 823.

[134] Ib. 909.

[135] Ibid. 471. Wade, Brit. Hist. (1847), 582, et seq.

[136] 23 St. Tr. 237; Belsham's History of George III.

[137] 23 St. Tr. 117; 30 Parl. Hist. 1486, for Adams' Speech in Commons.

[138] 30 Parl. Hist. 581; 31 Parl. Hist. 520, 929, 1153, et al.; 32 Parl. Hist. 370.

[139] 7 Campbell, 119; 1 Townsend's Judges; Life of Vic. Gibbs.

[140] 6 Campbell, 366.

[141] 34 George III. c. 54.

[142] 24 St. Tr. 199; Annual Register, 1794, p. 274; 31 Parl. Hist. 1062, et al.

[143] 24 St. Tr.

[144] See above, p. 35.

[145] 25 St. Tr. 1.

[146] 5 Campbell, 367.

[147] 3 Doc. Hist. N.Y. p. 340, 341.

[148] 17 St. Tr. 675.