The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-03-06
Cor the National Era,
THE HIGHER LAW.

HE HlunCh In W.
So much has of late been said in legislative
halls, at Union meetings, at audation dinners
from the pulpit and the press, on the subject OF
Higher Law, so many sneers have been cast on
the subject that 1t falls without interest on the
ear
Thinking however, that the remark of Govern
or Seward was just in the abstract, timely, the
emsnstion of true morality and sound statesman
ship and exalted patriotism, have been amazed,
nay, grieved, to see ministers Of the Gospel en-
tering the arena of politics, and gladiator like
engaging in the fierce contest.
The question under discussion In the Senate of
the United States, which called for the criticized
remark, was, whether it was constitutional /; and
if constitutional whether it was expedient to ex-
clude Slavery from the territories which we have
lately acquired from Mexico Governor Seward
discussed both of these questions; and having
demonstrated to his own satisfaction, and proba-
bly, TO the satisfaction of nne-tenths of the whole
American People, the constitutionality of exclud-
ing Slavery, he discussed the expediency of that
measure, and In the course Of that discussion let
fall the following remarks
"The Constitution regulates our stewardship.
The Constitution devotes the domain to union TO
justice, to defence, to welfare, and to liberty.
But there is higher law than the Constitu-
ton, which regulates our authority over the do
main, and devotes il TO the same noble purposes
The territory is part, no uncomfortable part, Of
the common heritage Of mankind, bestowed on
them by the Creator of the Universe. We are
his stewards, and must so discharge our trust as
to secure in the highest attainable degree their
happiness"
The question is not whether there 10 or is not
higher law, which shall a5solpe us from obedi
srfs T. Che cAnsi,sniinn bio Xhsther. there il
should regulate our conduct under that Constitu-
ton. 1t is clearly constitutional to admit or ex
clude Slavery from any territory in the United
States
| Congress has done both II has excluded Sla
very from all the territory north Of the Ohio
from all the territory north Of the Missouri Com.
promise line Congress has admitted tolerated
Slavery south Of that line-also In Florida. Con-
gress has sole and exclusive jurisdiction over the
| Territories and, of course, can do as 1t plesses
on the subject Of Slavery.
The power then existing, how shall that power
be exercised Shall it be exercised according to
the rules of humanity and Justice All the
world will say yes What are these rules of hu-
mainly and justice Are they not that higher
law, which in every Christian country should,
and in most Christian countries Does form the
corner. stone, the foundation Of all laws2
II the practice Of lawmakers is anything, il the
precepts of the commentators and elementary
writer's on law amount to anything the Christian
religion is a part Of the common law Of the land,
and no law should be passed which will not stand
| that test.
Suppose, If you please, that Congress had been
about to pass a law that every man IN the Terri
tories might have two wives or one wife, md any
number OF conoubines suppose that the Constitu-
ton Of California had contained clause making
tional, and some Senator should hsys said there
was no higher law than the laws of man-thst
II was idle and vain, nay fanatical and revolu-
tionary, to insist upon any such principle.
What would the whole Christian world have
said-how would the moral sense Of the commu-
nifty have revoted at the uterance of 30 gross and
fsgtious sentiment
flow much different in its effects Is the intro
duction of Slavery Does not that bring In it's
train duluess and stupidity as to the present
rights and future destinies Of man 2 Does II not
bring instantly laziness and poverty In its train Z
Does II not bring promiscuous concubinage3 Or
the 500 900 slaves that Virginia contains prob
ABLY 300 900 are of mixed breed--snd probably,
since slavery begun, there was never an hundred
marriages between whites and blacks.
Our lo,oer idm,n which the sages and philoso-
piers of the nineteenth century praise so loud
and so long has not prevented thst vast ocean Of
follv and vice which Is TO he inferred from the
fact that there are 300, 900 Africans OF mixed
breed in Virginia Alas even the "higher Law, p
which Is respected honored, loved, in Virginia,
has hardly checked this avalanche Of folly and
vice. IL cannot he checked In Q slaveholding CON-
munity.
Is II, then, a hard saying Of Governor Seward
is It fanatical, revolutionary, to say "Slavery
brings in its train so much danger weakness, pow.
49,. - L. - -
humanity aud justice, by those higher laws which
enanate from God, to do our duty, within the
bounds Of the Constitution The Constitution
authorizes us TO admit or exclude slavery; but
the laws of mercy, humanity, eternal justice for
bid us sometimes, and certainly In this instance,
TO exclude slavery from the territory, although II
might be literally constitutional to admit that in
stitutjon.
There are 500 900 slaves 10 Virginia Most OF
them are Christians-many Of them are pretty
we'll informed--sre moral, exemplary, pious--
numbers in full communion 10 the church Of
Christ Yet, Of this half million Of people, MOI
one Is permitted TO take an oath In any case where
O white man is concerned The pardoned felon,
II he be white-ihe vilsst rascal that the world
affords, IL be be convicted and white may tes-
tify In all cases. The property, the reputation,
the liberty, the life Of an innocent man may be
s<orn away but the oath Of the best slave In Vir-
GINA is not TO be endured. For the purposes OF
the administration Of Justice, they are blind deaf
and dumb!
And yet the philosophers and statesmen Of this
age, even the priests, stigmstize and denounce
and sneer at that statesman who ventures to say
that In making laws, wuhin Ms scope and range OF
the Constitution, we are the stewards Of the great
Creator and Governor Of the Universe, while 1t
IL our duty, under the Constitution, TO devote the
heritage which God has given us 10 union, JUS
tics, defence, welfare, liberty, 1t Is also our
duty ~ Christians, TO secure In the highest allow
able degree the happiness Of man
How Infamous, how ignorant how venal, viii
oil those, whether Of laity or clergy, politicians
or priests, appear on the historic page, who In
this enlightened sge insist that there 10 no other
suids In the making Of laws but the Constitution,
that justice aud mercy are 70 be sneersd 1t, and