I found, accordingly, that the great jurists, Cicero, Grotius, Coke,
Blackstone, Burlamaqui, Montesquieu, Vattel, Burke, Mackintosh,
Jefferson, do all affirm this. I have no intention to recite these
passages I had marked:—such citation indeed seems to be something
cowardly (for no reasonable person needs a quotation from Blackstone to
convince him that white cannot be legislated to be black), and shall
content myself with reading a single passage. Blackstone admits the
sovereignty “antecedent to any positive precept, of the law of Nature,”
among whose principles are, “that we should live on, should hurt nobody,
and should render unto every one his due,” etc. “_No human laws are of
any validity, if contrary to this._” “Nay, if any human law should allow
or enjoin us to commit a crime” (his instance is murder), “we are bound
to transgress that human law; or else we must offend both the natural
and divine.” Lord Coke held that where an Act of Parliament is against
common right and reason, the common law shall control it, and adjudge it
to be void. Chief Justice Hobart, Chief Justice Holt, and Chief Justice
Mansfield held the same.
Lord Mansfield, in the case of the slave Somerset, wherein the _dicta_ of
Lords Talbot and Hardwicke had been cited, to the effect of carrying back
the slave to the West Indies, said, “I care not for the supposed _dicta_
of judges, however eminent, if they be contrary to all principle.” Even
the _Canon Law_ says (_in malis promissis non expedit servare fidem_),
“Neither allegiance nor oath can bind to obey that which is wrong.”
No engagement (to a sovereign) can oblige or even authorize a man to
violate the laws of Nature. All authors who have any conscience or
modesty agree that a person ought not to obey such commands as are
evidently contrary to the laws of God. Those governors of places who
bravely refused to execute the barbarous orders of Charles IX. for the
famous “Massacre of St. Bartholomew,” have been universally praised; and
the court did not dare to punish them, at least openly. “Sire,” said the
brave Orte, governor of Bayonne, in his letter, “I have communicated
your majesty’s command to your faithful inhabitants and warriors in the
garrison, and I have found there only good citizens, and brave soldiers;
not one hangman: therefore, both they and I must humbly entreat your
majesty to be pleased to employ your arms and lives in things that are
possible, however hazardous they may be, and we will exert ourselves to
the last drop of our blood.”[130]
The practitioners should guard this dogma well, as the palladium of
the profession, as their anchor in the respect of mankind. Against a
principle like this, all the arguments of Mr. Webster are the spray of a
child’s squirt against a granite wall.
Public-domain text, read in full here on John Shaqi.
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