rofitable 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,
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