word which appeals to the
natural justice of mankind, so there could not perhaps be a fitter
time chosen. For on the fifth of March, 1770, British despotism also
delivered its first shot into the American bosom. Not far from this
place the hand of George III. wounded to death five innocent citizens
of Boston,--one of them a negro. It was the first shot Britain ever
fired into the body of the American people, then colonial subjects of
the king-power. That day the fire was not returned,--only with ringing
of bells and tumult of the public, with words and resolutions. The
next day that American blood lay frozen in the street. Soon after the
British government passed a law exempting all who should aid an
officer in his tyranny from trial for murder in the place where they
should commit their crime. Mr. Toucey has humbly copied that precedent
of despotism. It was very proper that the new tyranny growing up here,
should select that anniversary to shoot down freedom of thought and
speech among the subjects of the slave-power. I welcomed the omen. The
Fifth of March is a red-letter day in the calendar of Boston. The
Court could hardly have chosen a better to punish a man for a thought
and a word, especially a Boston man, for such a word in Faneuil
Hall--a word against man-stealing. But I knew the case would never
come to trial on that day--of course it was put off.

Mr. Sims and Mr. Burns were accused of no crime but birth from a
mother whom some one had stolen. They had only a mock trial, without
due process of law, with no judge, no jury, no judicial officer. But
I, accused of a grave offence, am to enjoy a trial with due process of
law. It is an actual judge before me and another judge at his side,
both judicial officers known to the constitution. I know beforehand
the decision of the court--its history is my judgment. Justice
Curtis's Charge of last June, would make my daily talk a
"misdemeanor," my public preaching and my private prayers a "crime,"
nay, my very existence is constructively an "obstruction" to the
marshal. On that side my condemnation is already sure.

But there is another element. Gentlemen of the Jury, the judges and
attorney cannot lay their hand on me until you twelve men with one
voice say, "Yes! put him in jail." In the mock trial of Sims and Burns
it was necessary to convince only a single official of the United
States Court, a "ministerial" officer selected and appointed to do its
inferior business