3. It is contravened by the written laws themselves, because the
sentiments, of course, write the statutes. Laws are merely declaratory
of the natural sentiments of mankind, and the language of all permanent
laws will be in contradiction to any immoral enactment. And thus it
happens here: Statute fights against Statute. By the law of Congress
March 2, 1807, it is piracy and murder, punishable with death, to enslave
a man on the coast of Africa. By law of Congress September, 1850, it is
a high crime and misdemeanor, punishable with fine and imprisonment, to
resist the reënslaving a man on the coast of America. Off soundings,
it is piracy and murder to enslave him. On soundings, it is fine and
prison not to reënslave. What kind of legislation is this? What kind of
constitution which covers it? And yet the crime which the second law
ordains is greater than the crime which the first law forbids under
penalty of the gibbet. For it is a greater crime to reënslave a man who
has shown himself fit for freedom, than to enslave him at first, when it
might be pretended to be a mitigation of his lot as a captive in war.
4. It is contravened by the mischiefs it operates. A wicked law cannot
be executed by good men, and must be by bad. Flagitious men must be
employed, and every act of theirs is a stab at the public peace. It
cannot be executed at such a cost, and so it brings a bribe in its hand.
This law comes with infamy in it, and out of it. It offers a bribe in
its own clauses for the consummation of the crime. To serve it, low and
mean people are found by the groping of the government. No government
ever found it hard to pick up tools for base actions. If you cannot find
them in the huts of the poor, you shall find them in the palaces of
the rich. Vanity can buy some, ambition others, and money others. The
first execution of the law, as was inevitable, was a little hesitating;
the second was easier; and the glib officials became, in a few weeks,
quite practised and handy at stealing men. But worse, not the officials
alone are bribed, but the whole community is solicited. The scowl of the
community is attempted to be averted by the mischievous whisper, “Tariff
and Southern market, if you will be quiet: no tariff and loss of Southern
market, if you dare to murmur.” I wonder that our acute people who have
learned that the cheapest police is dear schools, should not find out
that an immoral law costs more than the loss of the custom of a Southern
city.
Public-domain text, read in full here on John Shaqi.
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