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

10 compel ooedence 70 IT, but necessarily having any
moral character what,v
are We prepared 20 admit the principle that there
real distinction between law and foroei II not we must
reject this definition.
II rs true the law may, in many cases, derend upoa |
force a. tie means Of its practical efficiency But ara
law and fsroc therefore Identical In their essence9
According TO this definition too command TO iaias
dce 70 q much law Is commsnd 10 do justice All that
necessary, according TO this definition, TO make the
comnand law, that II issue from q will that is sup
ported by physical force sufficient to coerce obedience
Again: nmere will and power are sufficient, Of thesn-
selves 70 establish law-legtmate aw-such law as a-
dicia tribunals morally bound or even have neral
right to enfercebeu Il follows that wherever wild aud
power are united, and continue united until they
successful in The accomplishment OF any particular
objecsto which they directed, they constitute the
only legitimate law Of that case, and Judicial tribunals can
take cognizanoe Of nc other.
And II makes no differences, 'sn this principle whether
this combination Of viii and power be fonnd sings,
ndvidualor In commu1aty Of hundred uillions OF
individuals. The numbers concerned do ne. alter che
rule, otherwise WV would be the result OF rx mbers 10
stead Of tsupres,e power7 is therefore salcisnt 70
comply with tbs deantlsn that the power tie equal to
the accomplishment os4he object And tho will aud
power Of one yaan are therefore comp-utt make the
law relative % any acts which he is able to execute
law RELATIVE 70 any Gets which they able 70
'pish.
On this principle, te,, thai mere viii and power are COM
petent tccstabsh tho law that govern an act with
out reference TO the justice Due<ice OF the itself
the wilsand powcr OF any single individual 10 commit
theft would be s lcient to make theft lawful as law
full as E any other act Of injustice which the will and
power'of communities, or large bodies OF men, may be
united to accomplish And judicial tribunals are ~ much
bound to recogase as lawful any act Of injustice or
crime which the will and power Of C single individual
may have succeeded In accomplishing Is they are TO
recognise as lawful any act of injustice which large and
organized bodies Of men, self styled governmental may
accomplish.
sTAIx7
But perhapD ii will be said that tie soundness Of this
definition depends upon the Of The word stae-and
that it therefore makes q distinction between the
supreme power Of State" particular act AID the
power Of an individual over the same act
But this addition Of the word "s.sts In reality leaves
the definition just where would have been without It.
For what Is 90 statef is Just what and only what
the will aad power Of individuals may arbitrarily
esoblsh
There nothing fixed in the mature charastcr or
boundaries Of ga State" VIII and power may alter
them at pleasure. The will and power Of Nicholas
and that win and power which he has concentrated
around, or rather within hiEself establishes all
Russia, both In Europe ana Asia, State" By the
rule the will and power Of <Ae Of IN acre or
ground may establish that ~ State and make his
will and power, for the time being. supreme and lawful
within It.
The viii and power aso that established &c" State yes
terday, NAY be overcome 10 day by adverse will and
power that shall abolish that State and incorporate into
another which this latter viii end power shall day
DO supreme" And this latter will and power may also
be overcome by still another will and power
mightier than they
"A State" them is nothing fxed permanent or certain
in its nature. It simply the boundaries within which
any single combination concentration Of will and power
Efficient or Irresistible for the time being
This the only true definition that can be given Of GO
State" II merely arbitrary given 10 the ter
ritorial limits of power And such be It's true charac
ter then would follow that the boundaries though but
two feet square, within which the will and power Of
single individual are, for the time; being, supreme
irresistible, are, for all legal purposes, &c
State"-and his will and power constitute, for
the time being, the law within those limits
and his acts are, therefore, for the time being;
necessarily lawful without respect their intrinsic
justice Injustice the acts of larger bodies of
within those limits where their will power are
supreme and irresistible.
FAIIAcY TIE LAW.
II, then, law really be what this definition would make
supreme power Of q State" would follow, a O neces
sary consequence that law is Synonymous merely with
will and force wherever they combined and sue
cessful operation for the present moment
Under this definition law offers permanent guarantee
for the safety, liberty, rights happiness Of any
LICENCES al possible crime, violence wrong both
BY governments and individuals The definition was
obviously invented by and suited merely to gloss over
the purposes Of arbitrary power We therefore COM
PEELED to reject IT, and to seek another that shall make
law lees cspricious less uncertain less arbitrary more
just, safe to the rights Of all more permanent And
seek another, where shall find il, unless we
adopt the FIRST given viz that aw is tho rule princ
pie, obligation requirement Of natural justices
Adopt this definition and law becomes simple intelg
bic, scientific; always consistent with ITSELF always har
monizpg with morals, and truth Reject this def
milton, and law is longer a science but chaos Of
crude, conflicting and arbitrary edc.s, unknown per-
chance to either morals, justice TRUTH and
Heetpg and capricious the impulses Of WILL interest
and power.
IT, then, law really be nothing other than tho rule, prn
cpe, obligation requirement of natural justice, 1t
follows that have powers except such
individuals may rghtfuly delegate 10 IL; that no law,
Inconsistent with mers natural rights, arise out Of
any contract compact Of government that consttu-
ona law under any form Of only OF
those principles Of the written constitution are con-
ssent with natural law, and natural rights: and
that any other principles that may be expressed by the
letter Of any constitution void and law and all
judicial tribunals bound TO declare them So srs
Though this doctrine may make sad havoc with consu.
tutons and statute books, is nevertheless law. fxes
and determines the real rights of all men, and its de.
rands a. mperious any that exist under the
name Of law.
possible, perhaps that this doctrine would spare
enough Of existing constitutions save our govern
ments from the necessity Of . organization But
whatever efc might spare thing would not spare
1t would spare no vesee of that system Of human slave
ry, which now claims to exist by authority Of law
sThe Of much accustomed 70 regard Law
arbitrary command OF those who administer politi
cal power that the idea Of is being NATURAL fixed and