New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-26


succession in our Court OF Chancery.
The Doctors of Theology on the Obligation
of Law
To the Editors Of The Tribune
1t has been remarked that Lawyers arc acute
reasoners upon theological points whenever there
is grace enough in them to turn their attention to
such subjects. But the converse hardly holds
true that Doctors of Theology have the like as
tuteness in the handling of questions OF law or
political rights
In the defense of Civil Liberty, it may indeed
be questioned whether either class has been
found much to be relied upon. The age whichpro
duced the most distinguished of the Roman Law
vers was that of Nero and Domitian. Cases were
argued in the courts with the greatest subtety
and refinement of reasoning, and are handed down
even to the present day for precedents yet all
laws were at that very time subject to be violated
at the caprice Of a lawless despot
The same age is famed in the Church as being
Apostolical. The Fathers are looked to with rev.
erence inferior only to what is conceded to the
APOSTLES themselves at least this is the case
with those branches of the Church that find it ne
cessary to deduce an apostolcal succession in the
Ministry Yet this primitive Church, which is
held up as the model for all succeeding ages, had
under its observation the sanguinary crueltles OF
tyrant who trampledu upon individual lights with
mpunlly, and the oppression OF countless multi,
tude brought into slavery by the victorious arms
OF Rome. Yet We look ia vain in the writings Of
the Fathers for pathetic appeals to the consciences
OF men against the arbitrary power OF a tyrannical
ruler, or against the equally la"Iess tyranny OF
masters over their unhappy slaves We meet IN.
deed with stringent precepts tor the regulation OF
private conduct but nothing whatever TO Justify
resistance OF the magistrate IN the execution OF
unriehteous laws, save IN the single case OF apos'
tatizing from the Christian iaith,) or Interference
to mitigate the untold cruelties perpetrated by
Roman masters upon those held by them IN
bondage.
The example thus given Us by those whom we
most revere as Christians IS pregnant with mean
ing. and the lesson that is taught IS still further
enforced by the opposite example OF the Christian
Fathers at a Ger period when they had obtained
great clerical dignity and authority IN the Church
The second Council fEphesus composed OF Dig
nitsres of the Churchfrom ali parts OF the empire
which denounced certain opinions of F'layianus
Bishop of Constantinope and enforced their de-
csionby publicly logging the Bishop in the Streets
OF which he shortly died, may show us what can
be done under the guise of religious principle
when questions are brought into the Church not
relating to private life but involving the power OF
ambitious prelaIes 10 dlct"Le " 'uoi' Nniis'i"i
brethren.
At the late Thanksgiving the Ministers Of this
city seem to have taken the opportunity TO come
out for the editication of their Congregations, on
the obligations oflars the particular application
being to the fugitive slave law. The greater num-
Der appear to have maintained the necessary Oh
obeying all lars upon the general principle that
obedience is to be yielded to the powers that pc
as having a sort Of divine right. A few on the
other hand maintain a higher law than that OF the
civil statute. viz the law OF conscience and that
every man has a right to refuse obedience to
law that contrary to the dictate OF his conscience
he being himself the sole Judge in the matter
Now it may be permitted eryreverently to que,s-
ton whether any considerable amount OF puollC
good is likely to be accomplishedby these reverend
Doctors. Already we perceive an d$Perdte tone
of discussion and an unchartable feeling quite Pc
cuiar to controversies handled by theoioS
let irritating subjects OF debate not pertaining W
the salvation of souls be once introduced lnto inc
pulpit, and the alinhuence which the clergy
ought to have for higher and more sacred purposes
will be undermined, and the people cease 10 LOOK
up TO them with respect as their spiritual teach9fs
A pertinent anecdote may be referred 10 IN tAls
connection. A Bishopln the homan onu'cn haG
taken up arms IN support OF some Nv anu
was made prisoner By the enemy. / ne rope He-
u,snded his release upon the ground that nc was [
q son of the Church. to which answer was made |
bv sending the coat of mail, IN when the blshop |
had done battle, with a message II the language /
Of Jacobs sons" Know now whether this be thy |
son coat orno.' NJ. GLossoGRAPHUS
e Far be from Us the presumption
which would dispute The position Of our
learned correspondent that lawyers were
particularly keen and churchmen particu-
larly pious and reverend, in the time of
Nero and amid the heaven defying cruel |
ties and corruptions of the outworn Empire
of Rome. Especially is it easy to con-
ceiye Of the legal profession as fattening
and blooming amid such state of things and
of the Church as remarkably quiet. But
we cannot think that any sound inference
can be drawn thence for application to our
own times. And above all, do we reject
our correspondents argument for presery-
ing tranquility in the churches and respect
for the authority of pastors. His tran
guilty looks to US exceedingly ike I'M
wholesome stagnation, for which We know
Of no warrant in the teachings or the life
of Him who came not to send peace but
sword. 1t may produce keen party feel
ing and asperity to discuss in the pulpit |
questions of practical right and wrong
nor are we surprised that sensible man
should be somewhat disguised by the
trucking tone of some OF our Rev Dre, !