The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-18

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has said they might make very bad and wicked laws
uhe knew no, how 70 avoid them There is no plain
specific Constitution in England limit and restrain the
power Of Parliament; and hence with the mesgre but
noble restraints Of Mog~a Charia. the bill Of rights, and
few other great acts Of guaranty TO freedom they might
act without e, or hndersnce" The courts themselves
must be mute for they had standard by which to
measure the fundamental roprely Of acts Of Parliament
In consequence Of this, general writers on the law Of
England adopted this system Of testing acts Of Parliament
by the great principles Of morality justice. common right
the law Of God &c. and pronouncing iheio be void Il
they contayened these any Of them, This was mere
iheoretc restraint the tyranny OF acts Of Parliament
TO which body paid just highs regard tpeassd
and So also, OF yattes doctrines about treaties
there being other standard by whichto measure and
avoid their hard and unreasonable provisions But in
this country have written ration
al just, and conscientious ruleswhch cannot be violated
or transcribed by the legislative bodies without mani
testify rendering their acts null and void We have,
therefore, no such loose standards as that OF Eng
land The constitution is the true chart, and whatever
that toleraies or commands is lawful and right No
mans conscience resist thwart these
without public ofence-without committing q crime
within reach Of the highest penal sanctions Let il not
be forgotten that when Forescue and Lteton wroie the
English laws authorized myrads Of the descendants
OF the brave Saxons be held in slavery and these high
funconaries justified and upheld this injustice Let il
not be forgotten when Coke and Noy, Hobart and Black
stone wrote these laws also allowed and tolerated the
slavery Of negroes; and one OF these writer's either
as Judge, breathed word against the
dity Of such laws The editor Of the Western Christian
Advocate is like child playing with edge-tools- is
very liable cut his fingers He lie ignorant Of the
fundamental difference between the English system Of
government and our own, and he cites authority in
stances and opinions Of authors which have ref
erence TO our condition than they have to the laws Of
the Modes and Persans. Even lawyers and judges in
this country are in the habit Of Respecting these theo
rec notions Of English writer's without considering how
utterly napplicabe they to our system of govern
ment The restraints imposed on parliamentary power
there by the general laws Of God Of conscence. &c,
for The want Of more definite and complete constitu
ton, are here reduced to practical, settled principles 10
our written constitution and take the place Of the former
SO that although might be entirely proper say that
an act Of Parliament in England void for violating
the great law Of morality natural rightsuch, for
il to another without compensation--yet in this country
such law would be declared void for violating the
s,itution The constitution, therefore. in this country
takes the place Of this pretended "hgher law, and
knowledges no law higher than itself II il could be
shown that in any OF its provisions i violated The law
of God &C., might become interesting question how
far was void for that but this is not the fact
and if il were we do not know what tribunal could de-
clare ii to be void.
But suppose il were to be conceded that an OF Con
gress was void for violating the higher law OF conscience
&c. that question be determined by each for him
SELF or by the theological writers. by the judicial trbu
nails established by the constitution The editor OF ths
Western Christian Advocate to intimate that il
for the theological doctors to inform each mans
science and that then he is to decide for himself He
would do well to take lesson this point from these
English authors whom he quotes to sustain his position
They would teach him that such system Of judgment
would soon bring him, and those who followed his ad
vice. into the Kings Bench or the Old Bailey. He ex-
ultingly asks whether the Jews who were commanded
10 slay their rs-born, and the martyrs who have perish
ed at the stake were not justified in resisting the crue
and yrannical laws which they required to obey
These are extreme cases, in which wicked and unre.
strained desposm exercised, in spirit revolving to
the feelings OF Nature and in defiance OF the clear will
Of God Such DEGREES not laws-they are the mos,
unmitgated tyranny; and every human creature has
right 10 resist them, he would the fangs OF serpent
or the jaws Of lion Self-defence the first law OF our
being sontaged and the voice Of God, speaking In our
hearts, commands us TO strike in own cause. Is
there any analogy between these and that OF the
fugitive. slave law Not the remoiest shade Of resem
bsnce Hence have said that these advocates OF the
higher law rule shallow preenders. They catch At
fanced smilares, when there is in fact; and they
have neither depth Of learning strength Of per-
the total failure Of the analoges which they rely
Unclouled and eompreh ensive judgment detects the fall
sces that mislead them, and shows them how feeble and
Pickering is the Ugh, by which they are guided They
may be sincere they may be honest they may be alive
the emotions OF benevoleuce and philanthropy but they
have neither knowledge, wisdom, enlarged common
sense 70 enable them arrive at sound conclusions and
elevate them above the muky fogs Of fanaicism and
error They ihe blind leading the blind and they
will all fall into the ditch together"
We have received from the author pamphlet copy Of
letter addressed to the Hon Daniel Webster on the
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