The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-29

Nich creates the government and authorizes 70 pass
rules and statutes To carry out it's Objects
WHAT DECLARES UNLAWFUL
But natural law tries the contract OF govern
Inent, and declares IL lawful or unlawful, oones
tory or invalid, by the same rules by wn'oh tr'es
all ether contracts between man and man. con-
tract for the establishment OF government being nosnng
blu. voluntary contract between individuals for thsr
mutual benefit differs In nothing that s essential to It's
validity from any other contract between man and man,
or between nation and nation two individuals enter
into contract to commit trespass theft robbery muir
der upon third the contract ia unlawful ana void nm-
nv necause II is contract violate natural justice,
mene natural rights. two nations enter into
,rerv that they will unite n plunder,ng, enslavug or
| DESTROYING third, the treaty Ia unlawful, void and
| OF no obligation, simply because 1t is contrary
n Justice and mems natural rghts- Or the prnct
ole, if the majority, however large, OF the people Of
country enter into contract Of government, called
constitution by which they agree 70 aid, abct
ssh any kind of Injustice, to destroy invade the
natural rights of any person persons whatsoever,
whether su persous be paree to the or not
this contract Of gov arnment s aEawul and for
the reason tiat treaty tetween two nations for
similar purpose contract Of the Same nature between
two Individuals unlawful and void Such contract OF
government hnc no moral sanction II confers no righu
authority upon those appoin6od 10 Administer Il. confeys
NO <gsl or moral rights, ana imposes legal moral
digestion upon the people wao parties to Il. The only
duties uhich cny one oceto a. to ne government
estasli'kea Under color @ IT. authority are disotedence
resistance, destruction.
JvDGfs MUST DECLARE Tr--yo oArns vAro AGAINST IT.
Judicial tribunals, sitting under the authority Of this
esslas5r contract constitution boe:nd equally tyit
oher 'sen, to declare ., and az unjust cnadmens passed
by Ssc government in pVrsaGnoe of ft, unldufxl cnd
aotc These Judicial tribunals canRot by accepting
Office under . government, rid themselves Of that
paramount obligation that eu UNDER to declare,
htaey declare anything that justicess law that govern
meat have lawful pewers except those with which
It ass been invested by lawful contract and that IN u
aul contract fer the establishment Of government
Unlawful and void any other contract to do injustice
No oahs, okcA Judicial other officers may a1x to car
rsy out and support unasaus contract or consolidation
If government, Of cRy moral obligation ie:m mora!
to take such oatks, and Is crin,i<. to fulfil he They
are both in morals and law like the oaths which udi.
vdua pirates thieves and bandits give to their conede
rates. a. assurance of their fidelity the purposes for
which they are associated No has any neral right
to assume such osths; they impose no obgrkon upon
those who do assume them; they afford no neral JUST
ncaon for official acts, in themselves unjust done in pur
suanoe Of them.
WHERE ouR CONSTITUTIONS ARB NOT BrSnxe.
these doctrines correct, then those contracts
Of government, State and national, which we call
constitutions are void, and unlawful, 80 far as they
purport TO authorize f any Of them do aushcrss) any
thing in violation of netarsl JUSTICE or tie natural
rights Of any man class Of whatsoever And all
judicial tribunals bound by the highest obligations
that rest upon them 10 declare that these contracts
in all such particulars, III any such there Beg are void
and not law. Acd all agents, legislative executive judi
cial and popular who voluntarily lend their aid 10 the
execution Of any Of the unlawful purposes the govern
ment are "a much personally guilty. according all the
moral and legal principles by which crime in its essen
tal character is measured though they performed the
same acts independently. and Of their voliuon.
Such is the true character and definition OF law Yet
instead Of being allowed to signify Is IL in reality Does
that natural universal and nexibe principle which has
its origin In the nature Of man, keeps pace everywhere
with the rights Of man. their sheld and protector,
binds alike governments and men, weighs by the same
standard the acts Of communities and individuals and Is
paramount in its obligation 70 any other requirement
which be imposed upon men-nstead, say, OF the
term law being allowed TO signify, a. 1t really
does this immutable and overriding principle Of
raj Justice has to DO applied 70 arbitrary
rules Of conduct, prescribed by individuals or conbua
tons Of individuals, self styled governments, who have
no other title to the prerogavs Of establishing such rules
than given them by The possession command Of suf
Gent physical power TO ooeroe submssion to them.
SUPERSTITION OF 1HE P1sPLE
The injustice OF these rules however papable and ars
may be, has not deferred their authors from dig
ypg them with the name Of law. And, what is much
more to be deplored, such has been the superstition
Of the people, and such their blind venerson for phys
cal power that this injustice has opened their eyes
the distinction between law and force between the sacred
requirements Of natural justice, and the criminal exac
tons Of unrestrained selhshnes and power They hsve
thus not only suffered the Of Law to be stoen aud
applied TO crime cloak to conceal it's true nature but
they have rendered homage and obedience to crime un
der the Of law, until the very Of law instead
of Simplifying in their minds, immutable principle
OF right has come to signify little more than an ar
biHary command Of power, without reference TO It's
justice its injustice, It's innocence its crminAly
And now, commands the most criminal, IL christen
ed with the name Of law, obtain nearly ready an
obedience oisentlmes ready obedience than law
and justice ITSELF This superstition, on the part Of the
| people. which has thus allowed force and crime
to usurp the name and occupy the throne OF Justice
and law hardly paraeed in its grossness by that
superstition which, in darker ages Of the world al
lowed fasehood, absurdy and cruelty usurp the name
and the thrcne of religion
OTHER DEFINITIONS ooSTRovERrED
But am aware that other definitions of law widely diff
ferent from that have given, have been attempted-de
nitons too, which practically Obtain 10 great extent
judicial tribunals and in all the departments Of 60
vernmen But these other definitions nevertheless
all, in themselves, uncertain, indefinite, muabe, and
therefore incapable Of being Standards by reference to
which Ne question Of law or law, can be determined
Law defined by them IL capricous arbitrary unst-
BILE; based upon fixed principle; results from no
established fact is susceptible Of only limited, partial
and arbitrary application intrinsic authority;
does not in iae recognise any neral principles does no.
necessarily confer upon, acknowledge in indvi
duas any moral or civil rights impose upon them any
moral obligation.
For example: One Of these definitions that proba
bly, embraces the o, all the rest is this
Tina. claw rule Of civil conduct prescribed by the
mpreme power Of State, commanding what It's subjects
are to do, and prohibiting what they are to forbear"
Noah Webster.
In this definition hardly anything that essential Tire