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

from whence Seward and all the other black re-
publican e ,ders have drawn their ideas md arguments
Sor years past I'D which POINTS out rost logicayerd
conclusiv ely the obec. at which they sr. all aimng -
WHAT is LAVE
Befc 70 examining the a3guage OF the constitution, in
rcga TO slavery, let obtain view of tho principles,
by r,ue Of whsch crises ont Il those constitutions
oompacts by which people agree to establish govern
me at
To do this IT IS necessary to defse the term lew. Popu
ar opinions very loose And!ndednite, both to the
tue definition Of w and Iso to the principle by viz
tue which results ionshe compacts contracts
Of mankind with each other.
what then, "a law ?-tnat law, mean, which, and
which only, judicial rbinsc morally found under
all circumstances to declare end sustanf
In answering this question shall attempt 10 show that
law is an ineligible principle OF right necessarily result
ing from the Of nan, and noA arbitrary rule,
that can be established By will, numbers or power
ITO determine whether This proposition be correct
mus. lock general sniHcation Of the term law.
The true and general meaning Of that natural per-
nansnt, unaerable principle, whsch governs any
ucur thing class Of things The principle Is strictly
natural one; and tho term applies 10 every natural
principle, whether mcEtal moral OF physical Thus we
rpeak OF the laws Of ereby those natu
RAJ universal and necessary princes according 10 which
mind ects by which is governed We speak, too, Of
DE neral law which is merelF universal principle
Of noral obligation, that artees out Of tho
nature Of men, and thek relations to easL
other and 70 other things-and consequently una
terable the nature OF And Is solely because
b unGlterable in IL nature, and universal In It's applca
sion, tha lie denonnatei law II ii were changeable,
partial rbitrary, would be nc law. Thus speak
Of physical laws Of the laws for instance that govern
The system Of the laws OF oton the laws Of gra
vi,aon the laws Of light, &c Also the laws that govern
the vegetable and animal kngdens, in all their various
departments; among which lawssmay be named, for
ample the that like produces like. Unless the ope
yaton OF this principle were UNIFORM universal and
ceesary, II would be no law.
law, then, applied to any object thing Whatever
signifies natural, unaerabe, universal principle CO.
vernng such object thing. Any rule, existing
the nature Of things that's not permanent universal
and nfe1ibe in its application is no law according TO
any correct definition Of the tern law.
What, then, is that NATURAL universal, impartial and
hhexibe principle, which, under all circumstances ne
ceseariy fxes determines defines and governs the civil
rights Of menf Those rights CT person. property, &c.
which human being has, against other human be-
;ngs9
ehall define il 10 be simply tie rule principle ob!ga
Non or requirement Of natural justice
IT Is TBE RULE NATURAL JUSTICE
This rule, principle, obligation Requirement. 81 natural
justice has its origin in the natural rights Of individuals
recruits necessarily frem them, keeps them in view
"a s end and purpose, secures their enjoyment and fer
bids their violation 1t also secures all those acquisitions
Of property, privilege and claim which men have nau-
raj RICH. to make by labor and contract
Such is 10 true meaning Of the term law applied 10
khe civil rights Of AndI doubt IL any other dean
ton Of Law be given that will prove correct in every
necessarily any possible The very idea Of law
lard than natural rights by which civil law be
cured Law has always been the that rule prn
cplc Of justice which protects those rights Thus wespeak
Of natural lay. Natural law, in fact, constitutes the
great body Of the law that is proessedly administered
by judicial tribunals and il always necessarily must
he-for il Ia impossible to anticipate q thousandth
part Of the cases that may arise, so as 70 enact
. special law for them. Wherever the cases have
uos been thus anticipated the natural law prevails We
Anus politically and judcally recognise the principle Of
law As originating in the nature and rights Of men, BY
recognizing II as originating in the nature Of men,
recognise ~ principle that necessarily a. immutabe
and ndestrucable as the nature of We Also in
she same way, recognise the mparAy and universally
Of it, application.
The HGHER AND IyyIExrBpE OBLIGATION.
II, then, law be natural prnciple-one necessarily re-
aung from the very nature Of and capable OF being
destroyed changed only by destroying changing the
nature Of man- necessarily follows that 1t must be o.
higher and more nfexbe obligation than any other rule
~ conduct which the arbitrary viii OF any man. or COM
bnaaon Of men, may attempt to establish Certainly no
rule can be Of such high universal and innexibe oblga
zion a. that which, observed the rights, the
sasety and liberty Of all.
Natural law then is the paramount law; and, being
Che paramount law Is necessarily the only law for
being applicable 10 every possible that can arise
touching the rights OF men any other principle or rule
that should arbitrarily be applied those rights would
necessarily conflict with it; and, as merely arb
G1y partial and temporary rule must Of necessity be OF
hss obligation than natural permanent equal and uni
verfa one, the arbitrary becomes, reality Of no
obligation AT all when the two In collision. Conss
Aaeutly there Is and be- correctly speaking no law
hat natural law There other principle or rule ap
pcaoe 70 the rights Of that is obligatory in compa
Sson with ,hs, In any whatever. And this natural
hw no ether than that rule Of natural Justice which
results either directly from natural rights or from
such acquisitions they have natural right to mako or
from ouch contracts they have natural right TO enter
WHAT CONTRACTS / RKooGSrsEs
Natural Law recognizes The validity OF all con.-acts
which have natural right TO make and which ms
tee requires to be fulfilled; such, for example Al cos,
tracts that render equivalent for equivalent and are nj
10 time consistent with morality the natural rights
u men, and thoee rights Of property, privilege &c
which men have natural right to acquire by labor and
contract
Natural law therefore, inasmuch ~ il recognizes
Be natural right o. 70 enter ioto obiya.
-osy contracts, permits the formation o; govern.
meat, founded contract, as all our governments
proSe 10 be- But in order that the contract Of govern
nent may be valid and lawful, il must purport to
thorse nothing inconsistent with natural justice and mems
natural rights. II canno. lawfully authorize government
- destroy take from their natural rights for
natural rights inalenable, and no DO
rendered 70 governmen.-whch s but association OF
individrak--ihan 10 single individual They
necessary attribute Of nature and he more
Part with them-,o government or anybody elss-than
With his nature ITSELF Bot the contract OF government