Page:The collected works of Theodore Parker volume 8.djvu/85

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SAFEGUARDS OF SOCIETY.
81

sycophant, and will interpret the law to suit the ambition of the government—a thing that has happened in this city. Is he to lay down the law for the jurors, who aim only to live in honourable morality, to hurt no one, and give every man his due?

Suppose the attorneys at the bar know the law better than the attorney on the bench—a thing that daily happens—are not the jurors to decide for themselves?

I have chosen fictitious cases to try the principle. Extreme cases make shipwreck of a wicked law, but are favouring winds to bring every just statute into its happy harbour at the last. Will you say we are not likely to suffer from such usurpation? You know what we have suffered within three months past. God only knows what is to come. But no man is ever to seek for a stick if he wishes to beat a dog, or for a cross if he would murder his Saviour. The only way to preserve liberty is by eternal vigilance: we must be jealous of every president, every minister, every judge, every officer, from a king to the meanest commissioner he appoints to kidnap men. You have seen the attempts made to sap and undermine one of the most valuable safeguards of our social welfare—seen that it excited very little attention; and I wish to warn you of the danger of a false principle. I have waited for this day to speak on this theme. Executive tyranny, with soldiers at its command, must needs be open in its deeds of shame. It may waste the money of the public which cleaves to the suspected hands of its officers: it is not so easy to get the necks of those it hates; for we have no Star Chamber of democracy, and here the executive has not many soldiers at command, must ask before it can get them. It did ask, and got “No” for answer. Legislative tyranny must needs be public, and is easily seen. But judicial tyranny is secret, subtle, unseen in its action; and all experience shows it is one of the most dangerous forms of tyranny. A corrupt judge poisons the wells of human society[1] Scroggs and Jeffreys are names de-

  1. Since the first publication of this sermon we have seen eight-and-thirty men indicted for treason under the fugitive slave law, because they resisted the attempt to kidnap one of their number, and killed one of the kidnappers. This indictment was found at the instigation of an officer of the Government, who adds new infamy to the name of the great first murderer.