The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-07-14
SIR WILLIAM BLACKSTONE ON THE
HIGHER LAW.

1lUnEh LAW.
Man, considered as a creature must neces.
sarily be subject to the laws of his Creator. for
he is entirely dependent being. A being.
independent of any other, has no rule to pur-
sue, but such as he prescribes to himself; but
state of dependence will inevitably oblige the
inferior to take the will of him on whom he
depends, as the rule of his conduct not in
deed in every particular, but in all those points
wherein his dependence consists This princi-
pie therefore has more or less extent and effect.
in proportion as the superiority of the one and
the dependence of the other is greater or less.
absolute or limited. Aud, consequently. as
man depends absolutely upon his Maker for
everything, 1t Is necessary that he should in all
points conform to his Makers will
This will Of his Maker is called the law Of
Nature.-P. 80.
This law of Nature, being coeval with man
kind and dictated by God himself. Is of course
superior in obligation to any other. 1t is bind
ing over all the globe, in all countries, and at
all times; no human laws are of any validity,
IT contrary to this and such of them as are
valid derive all their force, and their authority,
medlately or Immediately, from this original
P. Al.
This has given manifold occasion for the
benign interposition of Divine Providence
VI,
lection, and the blindness of human reason.
has been pleased, at sundry times and in divers
manners, to discover and enforce its laws bv
an immediate and direct revelation. The doe
trines thus delivered we call the Divine law.
and they are to be found only in the HOLY
scriptures. These precepts, when revealed,
are found, upon comparison, TO be really part
OF the original law of Nature, as they tend in
all their consequences to mans felicity But
we are not from thence to conclude that the
knowledge OF these truths was attaiuable nv
reason In its present corrupted state since we
find that, until they were revealed, they were
hid from the wisdom of ages. AS then the
moral precepts OF this law are indeed of the
same original with those of the law of Nature,
50 their intrinsic obligation is Of equal strength
and perpetuity. Yet undoubtedly the revealed
law is of infinitely more authenticity than that
moral system which is framed BY ethical wri.
tiers, and denominated the natural law Be-
cause one is the law of Nature, expressly de-
clared so to be by God himself; the other is
only what, by the assistance of human reason.
we imagine to be that law. If we could be as
certain of the latter as we are of the former,
both would have an equal authority but, till
then, they can never be put in any competition
together.
Upon these two foundations, the law of Ma
man laws; that is to say, no human II Iaws
should be suffered to contradict these There
IS, 1t is true, great number of Indifferent
points, in which both the Divine law and the
natural leave man at his own liberty but
which are found necessary, for the benefit of
society, to be restrained within certain limits
And herein it is that human laws have their
greatest force and efficacy; for, with regard
to such points as are not Indifferent, human
laws are only declaratory Of and act in subor-
dination to, the former. To instance in the
case of murder; this is expressly forbidden by
the divine, and demonstrably by the natural
law; and from these prohibitions arises the
true unlawfulness of this crime. Those human
laws that annex punishment to it, do not at
all increase its moral guilt, or superadd any
fresh obligation an .torO conScientide to abstain
from its preparation. Nay, if any human law
should allow or en- DIN to commit it, we are
bound to transgress that human law, or else
we must offend both the natural and the di-
vine. But with regard to matters that are in
themselves Indifferent, and are not commanded
or forbidden by those superior laws--such, for
instance, as exporting of wool into foreign coun-
trles-here the inferior Legislature has scope
and opportunity to mterpose, and to make that
action unlawful which before was not So
PIP. AZ, A Commentaries, FmrH DHGlih Ed.
ton III. Vol. l.