Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-25

OF the stability of the marriage union.
Every lawyer in the land has beer
taught, not only that the Bible is law, bu
that it is the source of law; it is found in
every complete law library as part thereof
and the standard work therein. rHTaV
| Upon the table of every official in the
States authorized or required to admins
ter osths 1t is found, by the law; the most
honorable and honored Is not permitted to
testify for or against the most humble or
unworthy, except he appeal to God as
witness to the truth of his testimony, this
appeal being made to the awarder of
truth and the avenger of fslsehood, as he
is known through the recognized truth
and authorship of the Bible. 8sEBsH
The officers of all the courts. the men,
bers of the bar, in short, every officer in
the land from lowest to highest, is res
quired to take an oath, upon faith of his
belief In the truth of the Scriptures, to
faithfully discharge the duty of his Of
fee.
The law discredits the infdel. All these
things are SO because the Bible is the su-
preme law, looking to the reward OF pun
ishment of its observers or violstors be-
yond the capacity and ingenuity of man
to contrive or establish. Thus we &C.
knowledge it as the foundation of all law,
which must be consistent with and con-
form to it, otherwise it is not law.
Unless this is so, the swearing of wit
nesses and others on the Bible or upon
the faith of their belief in its truth, is
solemn mockery, and it would be far more
consistent to swear them on the Code or
some standard criminal law book defining
the offence and punishment of perjury.
In this authority, from which every
well defined right of person and property
is derived, we find, Mathew, ch. 10, verses
8 to 10 inclusive, the law of divorce sta
ted in these words by our Saviour:
"rhe Pharisees also came unto him,
tempting him, and saying unto him, Is 1t
lawful for a man to put away his wife for
every caused
And he answered and said unto them,
Have ye not read that he which made
them at the beginning, made them male
and female9 II ..s-. ...
And said, for this cause shall a man
leave father and mother and cleave to
his wife; and they twain shall be one
flesh. ~
Wherefore, they are no more twain,
but one flesh. WHAT therefore, God
hath joined together, let no man put
asunder.
They say unto him, Why did Moses
then command to give writing of di-
Vorcement, and to put her away2
He saith unto them, Moses because of
the hardness of your hearts, suffered you
TO put away your wives, but from the
it was not 30.
And l say unto you whosoever shall |
put away his wife, except it be for for
nicstion, and shall marry another, COM
mitten adultery; and whose marriott her
which is put away doth commit adul.
terry" ....I. .r
Now must elect between statutory |
regulation demoralizing in its every infu-
ence and tendency, encouraging system |
OF kin TO freeloveism, and an express d. |
vine law. / do not hesitate to disregard
the one and observe the other, adopting
the language of Blackstone, book l, page
AZ, SIS expressive OF my conviction of the
of the law.
Upon these two foundations, the law
of nature and the law of revelation, de-
pend all human laws, that is to say, no
human laws should be suffered to contra
dict these. There are, it is true, a great
number of Indifferent points in which
both the Divine law and the natural law
leave man at his own liberty, but which
are found necessary for the benefit of |
society, to be restrained within certain |
limits.
And herein it is that human laws have
their greatest force and efficiency, for
with regard to such points as are not in
different, human laws are only declara-
tory of, and act in subordination to the
former. - ~ . ...J .ss...
To instance, in the case of murder this
is expressly forbidden by the Divine, and
by the natural law, and
from these prohibitions arises the true un-
lswfulness of this crime. Those human
laws that annex punishment to il do not
at all increase its moral guilt or superadd
any fresh obligation IN foro conscienti9
to abstain from its preparation. Nay, if
the human law should allow or enjoin us
to commit 1t, We are bound to transgress
that human law, or else we must offend
both the natural and Divine.
But with regard TO matters that are in
different in themselves and are not COM
manded or forbidden by these superior
llws-such, for instance, as exporting
wool into foreign countries-here the
inferior Legislature has scope ard Oppor-
tunity to interpose and 10 make that &C.
tion l1nlaE fui which before vas mt
Entertaining these views, l think the
bill ought to be dismissed.
TURNEY, Judge.
A true copy.
]. II FREEMAN, Clerk.