Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-06
SET THE LAW AT DEFIANCE.

The Stamp-act was tatC, enacted by
an Omnipotent Parliament, for the gov
eminent Of its colonies not represented
in that Parliament. The Sons Of Lib
erty st Boston defed and disobeyed It,
as an act Of tyranny, and claimed that
all laws taxing them against their con-
sent were void. When tax was by the
same authority imposed on tea, they
emptied q whole cargo into the waters Of
Massachusetts, Bay.
The laws OF the English Parliament
against Irish Catholics were enacted by
the competent authority, and part Of the
statute law of England. What Irish
Catholic ever felt bound to obey that one
which forbade him 10 educate his own
children?
There is no obligation resting on the
citizen to obey every law that the Lsgls-
nature Of 8 Republic or free State may
pass, any more than every enactment Of
\ parliament or Emperor. Even under
that pedsntic, vain and cOwsrdIy despot,
James the First, Lord Coke could de-
clare that an act Of Parliament contrary
10 nstura! equity, was void.
Laws may remain on the statute book,
and still have been sbrogated long ago.
The circumstances Of the times may re-
peal law, as etleetuslly as legislative
act declaring such repeal.
The Law of this State against carrying
concealed weapons, was enacted in
time Of peace, and though proceeding
on the erroneous ides of fOrbidding what
is lawful and a right, because the thing
forbidden to be kept or carried may be
used for sn unlswful purpose, there was
some excuse for its enactment, since the
practice so prohibited undoubtedly in
creases the number Of hcmicides. The
Supreme Court of the State decided the
law constitutional. So the twelve judges
OF England decided that James the Sec
ond had the dispensing power, and Chief
Justice Chase and Underwood win de-
eide that Jefferson Davis was guilty OF
treason against the United States.
But man has just as much right to
carry pistol, as he has to carry a pocket
knife or pipe. He harms nobody by
doing 80. II he uses the weapon unlAw-
fully, you may punish him for the unlag-
ful act; but you have no more right To
forbid his having and carrying the
weapon, openly or concealed, than you
have to forbid his carrying vial of
strychnine in his pocket, because be
might, if he chose, poison somebody with
it. II you can forbid his carrying a
weapon, you may forbid his having il in
his house and you can no more do it
rightfully, than you can forbid his keep
ing pack Of cards, because be gaqy
game with them, or having pen be-
cause he may forge draft with il.
A law may be obligatory, and It may
be really crime to dlsobey and defy it
OF 1t may have no real obligatory force.
and to defy it may be the highest Of du. |
ties. To be obligatory, law, In this
country, must be
First:-In accordance with the Consti.
tutiOns OF the Union and the State, ana
must not infringe upon or diminish, or
prevent the free exercise and enjoyment
Of any right guaranteed by either.
Second:-lt must not violate any nam. |
raj right Of the citizen, or be contrary 70
natural justice and equity. ..r-
Third 1t must bear equally and uni |
foEmly on ALI and be capable of being
enforced against those who disobey IL.
Fourth 1t must be both reasonable
and necessary. La
The Constitutions Of the United States 4
ard Tennessee declare that the free men /
Of the country have therlght to keep and
bear arms for their common defence. The
Language is too broad and plain to give
any room for construction 10 step in to
pervert the sense. The right is perfect
and absolute. Neither as 10 the kind OF
arms nor as to the time and manner Of
bearing them, can It be limited by leQis-
lsten. All the artificial reasoning of
ell the Courts In ChIistendom could avail
and prove nothing, against this
simple proposition. The Law against
carrying concealed weapons is void, as
contrary to both Constitutions.
On ali the other grounds, also, it Is
void. There is one right Of the citizen
that is paramount-the right Of seli-de-
fence. The law IN question cannot be
enforced against those who disobey il,
except in rare and isolated cases. No
officer has the right to go up 70 quiet
citizen in the street and search him to
see whether he bears s weapon on his
person. Cones quently nine hundred and
men OF q thousand may
carry weapons for months with perfect
IMMUNITY: and the law does not operate
squsIly and uniformly on all, because If
one Of that number Of men lie compelled
10 sslf.defsnce 70 draw and pss bis !