able Minister Resident at
Constantinople, was instructed to proceed to Athens in one of the
ships of war, and inquire into the case, with one or more of the
national vessels in that neighborhood subject to his order. Having a
competent knowledge of the Greek language, Mr. Marsh entered upon
his delicate mission in August, 1852, and prosecuted it till the
arrival of his successor in the Constantinople embassy, late in
1853. During this time, Mr. Webster died, and was succeeded by
Edward Everett; and he again by Mr. Marcy, on the accession of
President Pierce. Mr. Webster's letter of instruction, dated April
29, 1852, states the case clearly, as it does also the rights of
missionaries. Mr. Everett's letter, dated February 5, 1853, gives
the opinion of President Fillmore, based on Mr. Marsh's report of
the case. "Although the forms of the law may in general have been
observed," Mr. Everett writes, "it is quite plain, that Dr. King was
not tried for any offense clearly defined by the law of Greece; that
his trial was in many respects unfairly and illegally conducted;
that the constitution and laws of Greece guarantee a full toleration
of all religious opinions; and that there is no proof that Dr. King
has exceeded the just limits of the liberty of speech implied in
such toleration." "Either the sound and safe maxims of criminal
jurisprudence," he adds, "which prevail in this country, are unknown
to the jurisprudence of Greece, or her tribunals were presided over
by persons who entertained very false notions of the judicial
character, or there are prejudices against Dr. King, which, in this
case at least, corrupted the fountains of justice. It may have been
in part produced by all three, and there is reason to suppose that
such is the case. This state of things unavoidably destroys all
confidence in the Greek courts, as far as Dr. King is concerned, and
compels the President to regard their decision in this case as
unjust and oppressive."3 He repeats the declaration of Mr. Webster,
that missionaries are entitled to all the protection, which the Law
of Nations allows to be extended to citizens who reside in foreign
countries in the pursuit of their lawful business. Mr. Marsh was to
communicate to the government of Greece the decided opinion of the
President, "that Dr. King did not have a fair trial, and that
consequently the sentence of banishment ought immediately to be
revoked."
1 See _Proceedings at the Annual Meeting
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