II. Of the Mode of Operation pursued by this Encroaching Power, in other times and in our own,—of Systematic Corruption of the Judiciary.

III. Of the great Safeguard which has been found serviceable in protecting Democratic Institutions and the Rights of Man they are designed to defend,—of the Trial by Jury.

IV. Of the Circumstances of this special case, United States versus Theodore Parker.

I shall speak of each in its order, and begin at the head.


I. Of the state of affairs in America, which has led to this prosecution—The Encroachments of a power hostile to Democratic Institutions.

In a republic where all emanates from the People, political institutions must have a Basis of Idea in the Nation's Thought, before they can acquire a Basis of Fact in the Force of the Nation. Now in America there are two diverse Ideas recognized as principles of Action—the Idea of Freedom and the Idea of Slavery. Allow me to read my analysis and description of each.

The Idea of Freedom first got a national expression on the Fourth of July, 1776. Here it is. I put it in a philosophic form. There are five points to it.

First, All men are endowed by their Creator with certain natural rights, amongst which is the right to life, liberty, and the pursuit of happiness.

Second, These rights are unalienable; they can be alienated only by the possessor thereof; the father cannot alienate them for the son, nor the son for the father; nor the husband for the wife, nor the wife for the husband; nor the strong for the weak, nor the weak for the strong; nor the few for the many, nor the many for the few; and so on.