Page:The Collected Works of Theodore Parker Slavery volume 5 .djvu/162

150 In the same manner the natural duty of a man overrides all the special obligations which a man takes on him-

no directions in the matter; he merely came to see that the law is properly administered, and supposed it would be without him.

"Mr Child was then shown the law, the power of attorney to Mr Clare, the affidavit of Mr Clare on which Hamlet was arrested—and the testimony thus far.

"Mr Clare, cross-examined by Mr Child.—I married Mrs Brown's daughter about seventeen years ago; Hamlet has always lived with us in the family: I am in her family now, and was at the time he went away; think he is about twenty-eight years of age (he looks much younger than that—his features are very even, as those of a white person of the kind); he occasionally worked at the shot tower where I worked; he was hired there as a labourer, and Mrs Brown got the benefit of him—that is, when I had no other use for him; he had formerly been employed as a dray-man; after I married into the family some year or two, we lived together, I "furnishing the house; such wages as I got for the man it was returned to Mrs Brown, to be used as she saw fit; I was her agent to get employment for him as I could; I had him in various occupations; I have a power of attorney; I have no further interest in him than he is her property, and we wish to get him back to Maryland again, where he left.

"Mr Brown, cross-examined.—Left home 27th March last. Was home when Hamlet went away. At the time he was engaged at the shot tower business. "Mr Child said he had no further questions to ask. He supposed the rules of the law had been complied with. "Mr Gardiner, the commissioner, then said, I will deliver the fugitive over to the marshal, to be delivered over to the claimant. "Mr Child suggested if that was the law. The commissioner then said he would hand him, as the law said, to the claimant, and if there should be any danger of rescue, he would deliver him to the United States marshal. "The United States marshal said he had performed his duty in bringing him in. "Mr Clare said he would demand such aid from the United States marshal as would secure the delivery of the man to his owner in Baltimore.

"Mr Child suggested that it must be an affidavit that he apprehends a rescue. Mr Clare said that he did so apprehend.

"Mr Talmadge, the marshal, said he would have to perform his duty, if called upon. "Mr Child replied he supposed he would, but there were doubts as to the form. "The necessary papers were made out by the commissioner, Mr Clare swearing he feared a rescue, and Hamlet was delivered to him, thence to the United States marshal, and probably was conveyed with all possible despatch to Baltimore, a coach being in waiting at the door; and he was taken off in irons, an officer accompanying the party." Here is the charge of Judge McLean in a similar case.

"No earthly power has a right to interpose between a man's conscience and his Maker, He has a right, an inalienable and absolute right, to worship God, according to the dictates of his own conscience. For this he alone must answer, and he is entirely free from all human restraint to think and act for himself.

"But this is not the case when his acts affect the rights of others. Society has a claim upon all citizens. General rules have been adopted in the form of laws, for the protection of the rights of persons and things. These laws lie at the foundation of the social compact, and their observance is essential to the maintenance of civilization. In these matters the law, and not conscience,