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

Taking for granted that II has now been shown thas
DO rule OF civil conduct that Inconsistent with the natu-
raj rights Of men, be rghtfuly established by 60
ve,Ament, or consequently be made obligatory - law
either upon the people or upon judicial trounalslet us
proceed to test the legality Of slavery by those writ
ten constitutions OF government which judicial trbunaA
actually recognise as authoritative.
LEGAL RITES OF iSTERrRxrxroS.
In making this examination, however, shall
not insist upon the principle Of the proceed
ing chapter. that there can be no law
contrary TO natural right bst shaIi admit, for the
cake Of the argument that there may be such
laws. shall only claim that in the Interpretation OF
all statutes and constitutions the ordinary legal
rules Of Interpretation be observed. The most i'm
use and extent accommodated to each individual, yet
compromising the whole community. Lee.
titre on tke Study Of Tie LcU.
This law Of nature being cosval with mankind and die
ted BY God himself, E OF superior In obligation
TO any ether Il bicdng over all the globe 10 ali coun.
tries and At all tines laws OF any validity
contrary to this; and such 0: them valid derive
all their force and al their authority mediAcly imme-
diately, from this -Baczstre. FOL !, a.
M Christian one Of Backstone's EDITORS In note to
abe advanced that even an act OF Parliament made
against natural justice as TO make man judge In his
cause void in itself, for ja natre sSnt immxtabaia
end they are tges legum-he laws Of nature are immu-
tsble--they are the laws of laws )-Ho6. 81.
Mr. Christian then adds-Wlth Difference these high
Than In no whatever can Judge oppose his own
opinion and authority to the clear will and declaration OF
me Legislature HIS province Is to interpret and obey
the mandates Of the supreme power OF the State and
II an act OF Parliament, IL we could suppose such
case should like the edct Of Hersd, command all the
children under certain age to be sain the Judge ought
10 resign his Office rather than be auxiliary 70 lis execu
ton; but could only be declared void by the Same To-
gislatve power by which was ordained II the judicial
power competent to decide that Parliament
was void because contrary natural justice upon an
appeal 70 the House OF Lords this inconsistency would
trl~u
what ~ Legislators they had enacted should be valid
The learned judge himself (BlackstOne) declares In p
81 Il the Parliament win positively enact thing TO be
ordinary forms OF the constitution that vested with
thority to controlt
will be seen from this note Of Mr. Christian tina. he
concurs IN the opinion that enactment contrary
tnral justice intrinsicaly void and not law aud that
tne principal not the only difficulty which he secs in
carrying out that doctrine that s peculiar TO the
British constitution, and does not exist in the United
statee. That dificulty Is the Inconsistency there
would be the House Of Lords (Which the highest law
court in England and at the time one branch Of
the legisature were 10 declare, in their capacity
had declared should be valid AMI this is probably the
reason why Blackstone admitted that he OF no power
In the ordinary forms Of the (Brsh) constitution, that
ment that unreasonable (aganst natural ustice)
But In the United States, where the judicial and legsla
tive powers vested in different bodies snd where
they vested for the very purpose Of having the for
ner act q check upon the latter, such inconsistency
The CONSTITUTIONS have IA the ryned
States and the discussions had the formation OF them
all attest the importance which ancestors attached to
tive department Of the government And yet the benents
which they bad promised TO liberty and justice from this
n.ys in M slight q any degree been
has exhibited little less than entire recklessnees both
OF natural justice and constitutional authority the records
or the judiciary nevertheless furnish hardly instance
where an act Of legislature has for either Of these re
eope been declared void by s coordinate judicial de.
pa'tment There have been cases few and far between,
hpvo do>l ~
State legislatures unconstitutional But the history Of the
co ORIGINATE departments Of the governments has
been, that the judicial sanction has followed the legislative
act with nearly the same unerring certainty that the
shadow follows the substance Judicial decisions have
consequently had the same effects In restraining the
tons OF legislatures that shadows have restraining the
motions OF bodies
Why this uniform concurrence Of the judiciary with the
legisatureS II be cause the separation between them
nominal not real The judiciary receive their Off ,es and
salaries at the hands Of the executive and the legislature
sSa are ,me pssn for Their oc
people at large (whose highest interests are liberty and
jusce and entirely dependent upon those have too
Could real and entire separation Of the Judiciary from
the other departments take place. might then hope
tnal .heI decisions would IN some measure resran the
the science Of law and Of government
Whether any Of present judges would les Mr. Chris
tan suggests they Ought "resgn their Off ,cs rather
than auxiliary the execution of an act OF eRsstion
chat like the edict Of Herod should require all the chill
know. But this We do knowthat our Judges have hNh
ero manifested no intention Of resignng their Offices %
avoid declaring II TO be law, that children Of years
old and under may be wrested forever from that pa
rental protection which their birthrgh and subjected
for life 70 outrages which all civilized must regard
as woree than death.
To proceed with our authorities Those human laws
that annex punishment to murder do not It oil increase
s moral guilt Or superadd any fresh obligation ia the
forum q conscience to abstain from its preparation.
Nay, any human law should allow enjou to CON
nit II, We are bound 70 ranfgress that human law or
else We must offend both the natural and the divine
BtQcks(CHe. c0L j., AZ. 43.
The law Of nations depends entirely upon the rules
Of natural law, or upon mutual cOmpacts, treaties
leagues and agreements between these several com.
munties; In the construction also Of which com
pacts We have no other rule 70 resort 10
but the law Of nature hat being the only one to which
all the communities are equally subject Backbone
rol. ], p. a.
Those rights then which God and nature have eytab.
lished, and therefore called natural rights such as
are life and liberty, need not the aid Of to be
eectually invested In every man than they are:
neither do they receive any additional strength when de-
clared by the municipal laws 70 be involable On the
contrary, human legislature has power 70 sbridre
or destroy them unless the owner sha hmaelf coe,