Daily Davenport gazette. [volume] (Davenport, Iowa) 1854-1855, 1855-04-25
caNsrsncr1yr IRxasoN.

la the case OF Theodore Parker and
Wendell Philie . ,sarraigned tor constructive
treason before the United States Court at
Boston, the defendants were discharged on
Abe grou nd OF in formality nthe indictments
Thus this ridiculous farce his been brought
TO an end. Daring the progress Of Aaron
Bur.ss trial, among the many bitter things
addressed by Luther Martin to the bench,
visa one, that the whole affair was Much
edo about nothing. The title of the play
could be much moro appropriately applied
20 the recent proeee dingsin Boston. How
ridiculous 10 the idea that men could COM
nit treason by simply assisting fugitive
slave to make his defence before the consti-
tuted aut critics. or even by making SER
mons or speeches in the city Of Boston
against the fugitive slave law aud in favor
Of the runaway Burns. The constitution
says,-sTreason against the United States
shall consist only in levyng war against
them, or in adhering to their enemies CIV
ing them aid and comfort" and the dos
trine Of constructive treason is one Of the
worst features Of the worst portion Of Eng
lish history. II is only the pro slavery in
terpretations ofthe law which have intro
duced this exotic amongst US. 1t is alien
to our habits and to al the processes OF
republican government, and the soon
er it is completed: done away. the bet
ter.
Though We are pleased that the deien-
~ aants above named have heen discharged,
We would be better pleased, il their lib
Grafton had resulted from full argnme n
of the merits of the case, than be owing to
the technical incorreetness OF the prosecu-
tor. The subjoined paragraph from
: the Boston Atlas expresses the same oPin-
ion:-
.The termination of this affair is not al
together satisfactory. The decision is bas-
ed not Don great principles, but upon lit
tie technicalities, neither the guilt nor the
innocence Of the prisone i, ascertained.-
A verdict OF s'No, Guilty." rendered by
Jury ofthe country, would have establish
ed 4 precedent in favor of freedom. But
INV VIC ufuct X ths p'hhe~.S - H"N
District Attorney a. SO many interpretations
ofDyine Providence. The hand of the ~
rant forgot its cunning, and the tongue Of
the public prosecutor Glove to the roof o.
his mouth. Yetit might have been better
II would have been better il these learned
judges, inAexibls in sustaining the lega
rights the accused, had found an oppor.
tunity of applying to several Of these case,
the loltier rules OF natural equity. A vim
dicstion OF the right of free speech would
have been invaluable in times like these
How many generous hearts in the land
would it have refreshed, how worthy woulc
have been Of older and more hero.
lie days, IL the Circuit Court had declared
that manly utterance Of opinion should moi
BE- tortured into an oferce Of which il lis the
logical opposite; that the championship Of
opinion should not be iuggled by cunning
lawyers into an &C, Of physical violence
In modern times, we have yet to lock fol
such display Of judicial vaior; but the day
4 10 coming when Judges will be forced bsci
IN the humanity and justice which underlie
all law, and which cannot be for ever for
gotten or disregarded."