Houma Ceres. [volume] (Houma, Parish of Terrebonne, La.) 1855-18??, 1855-08-23
The Higher Law.

We propose, as briefly as possible, to
discuss this much agitatcd question. Gov
ernnents, whatever their form, are insti-
tuted in order to aid and and protect those
who are subjected to them. The compli-
Gated interests, passions, the contradic-
tory opinions necessarily arising from the
social relations, require for their regula-
ton, supreme authority. vested with the
right of absolute and unappealable decis-
ion. Says Sir William Blackstone: "How-
ever they 1.-THE several forms of govern
ment began, or by what right soever they
subsist, there is and must be, in all of
them, supreme, irresistible, absolute, un.
controlled authority, in which the .jura
SUNNI imperii, or the rights of sovereign
ty reside." Notwithstanding this explicit.
admirable enunciation of the essence of
government, the great Expounder Of the
Common Law seems elsewhere to admit
the obligatory force of law superior to
the legitimate human authority, to-wit, the
law Of nature. OF which he says that ''no
human laws are Of any validity if contrary
to this" The fallacy Of such restric.
ton of the power Of government and of
the duty Of obedience, has frequently been
shown. The learned Senator Seward,
by his speech delivered in 1850, dnring
the Compromise agitation, in which he at
tempted to establish the existence of
s'higher law" first gave the doctrine pro-
minence in the political metaphysics of
this country. 1t had heretofore been
considered by many harmless error,
which, like other fine the cries, might be
left dormant among the books. But the
dangerous consequences which It involved,
the treason which it might sanction, tn en-
became glaringly apparent to the conser-
vat:ve statesmen OF the nation. The doc.
trine was attacked, argued, refuted, and
the supremacy Of the laws Of the repub-
lie triumphantly indicated.
No man will deny that there is law
Of God to which human legislators are
conscientiously bound to conform in the
exercise of their functions-their interests
dictate such conformity and they alone
are morally responsible to the Supreme
Being for every violation Of such clear
duty.
By virtue Of the power delegated, or
supposed to be delegated to them by the
people, they are authorized to devise what
ever measures of public policy they may
deem conducive to the public interest, they
being to all practical intents and purposes
the sole, supreme arbiters Of their accor-
dance or discordance with the will Of God.
Now what does the contrary opinion inev-
itably lead to! What does the existence
of 'higher Law" one Of superior obliga-
ton to human legislation. necessarily and
practically imply! There being no other
method Of ascertaining the dictates Of that
'.higher law" than through the medium Of
individual conscience and reason, the in
dividual is under no obligation to yield to
the mandates Of the State until he has
consulted his reason and conscience, and
received their decisions. If his reason
tells him that the law Of the State violates
the law of God-according to the legiti.
mate consequences Of the Seward doc
Urine, he is conscientiously bound to resist
- hw-nay, to take up arms andPreyent
- eeansnission q legal inequity, Every
efin swing a equal right to judge Of
q olality q immortality Of : law, i
4 j that IS law has any binding force
III \ aecords With the theological opin-
- u eyery - II ths nation. In the
- Uuitsd &aes i would require tho ap-
- .,sine q twenty five millions q
scsuIseia : - : casdition precedent to i.
.a1lal gritty Iof an imperative rule
= 81 - Hspch aprinciple ahoud
- - saesal credenee and b pat