FREE BOOKS

Author's List




PREV.   NEXT  
|<   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256  
257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   >>   >|  
anner 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 genera
PREV.   NEXT  
|<   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256  
257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   >>   >|  



Top keywords:

charge

 
Kelyng
 

Gentlemen

 
Curtis
 
impeached
 

opinions

 

authority

 

rulings

 
Massachusetts
 
Footnote

Campbell
 

Jeffreys

 

Scroggs

 

Charta

 

single

 

Saunders

 

seventy

 

published

 
expected
 
genera

Judges

 

Wharton

 

corrupt

 

hesitate

 

derived

 

memorandum

 
violate
 
corruptly
 

anticipate

 
hangman

murderer

 
condemned
 

punishment

 
executed
 
advising
 

reduced

 
shifts
 

Honorable

 

fugitive

 
private

refused

 

capital

 

inflict

 

bringing

 

defend

 

Stuarts

 
Twysden
 

unrighteously

 

violating

 

despotism