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

Por'snt OF tnese rules, and the ono TO which u
whi Dc Necessary constantly 70 REFER, is the
tnat all language must be construed ,ssrctly in favor
OF NEURAL right The rule laid down by the Supreme
Cont Of the United States In thsse words 70 witt
"where rights are inringed, where fundamental pru.
cpes overhrown, where tho general system Of the
laws departed from, the legislative intention must be
expressed with irresistible cearness to induce Of
justice 70 suppose design to effect such objectsn s
sIAvHny CONSTITUTIONAL ExsrANcs ~
II will probably appear from this examination OF the
written constitutions that slavery neither has, eor had
any naiional existence in DIS country that has al
ways been mere abuse sustained, the first instance,
merely by the consent Of the strongest party,
without any law the subject, and, in the sec
ond place, by few Unconstitutional enact ments, made 10
defiance Of the panes provisions Of their fundamental
Law.
Of his rights in order to have his other rights pro-
tected, involves palpabe absnrdity, both legally and
politically IS an sbsurdity IN aw, because says that
the law must be violated In cases, In order that
may be maintained in others. 1t Is an Rbsurdity poiu
caly because mans giving up Of his rights has
tendency whatever 70 promote the protection Of others
On the contrary only renders him less capable Of de-
Tending himself and consequently makes the task OF his
same time places him in tho situation Of ons who has
conceded part OF his rights and thus cheapened the
character Of all his rights the eyes Of those OF whom
he asks assistance There would be much In
saying that must have OF his hands
tied behind him in order that his friends might protect
that give up Of his rights in order that
government may protect the remainder. Let have
the use Of both Of bis hands and the enjoyment Of al his
rights and he will then be competent his ovn de-
fence; his rights will be respected by those who
might Otherwise be disposed invade them he will want
lees the assistance and protection Of others and we
ehal need much less government than we now have.
individuals choosc to form association or govern
mcnt for the mutual protection Of each others rights,
why bargain for the protection OF an ndeus portion OF
Them ut the price Of giving TO the association itself liberty
To violate the equally indefinite remainder By such
nothing such contract OF roverument would be bur
esque the wiedom Of asses. Such contract never
will be voluntarily formed. Yet all CO.
upon it they essentially usurpng aud tyrannca
any governments can be. II pay his proportion OF
the aggregate cost Of Iroe ang All hs rights q each Of the
upon the association TO have his own rights protected
without dimnuton
an knalienable right TO 30 much personal liberty
will without invading the rights Of others This ber
~ 10 an Inherent right OF his nature and his faculties It
an inherent right Of his nature and his faculties TO de-
natures and faculties that have no superior preroga-
that he DO not carry the esercs Of his own liberty
- TO restrain or infringe the equally free development Of
the natures and faculties Of others The dividing line
sressed by either. This principle is the founda.
ton and essence Of law and Of civil right And
sssnaon formed me Sy the voluntary
each Of them in the enjoyment Of this natural liberty
against those who may be disposed 10 invadei Each in
must then take the responsibility Of his own happIness
and well being. II his necessities require than his
he the
extremity where the necessity Of self over
rides all abstract rules Of conduct and makes law for
occur but for some antecedent injustice.
*United States vs. Fisher, Cranch, 800.