It may exist where large
classes are depressed and wronged. It may undermine a nation's spirit,
institutions, and independence. It can have no value and no sure
foundation, until the Supremacy of the Rights of the Individual is the
first article of a nation's faith, and until reverence for them becomes
the spirit of public men.
Perhaps it will be replied to all which has now been said, that there is
an argument from experience, which invalidates the doctrines of this
section. It may be said, that human rights, notwithstanding what has
been said of their sacredness, do and must yield to the exigencies of
real life, that there is often a stern necessity in human affairs to
which they bow. I may be asked, whether, in the history of nations,
circumstances do not occur, in which the rigor of the principles, now
laid down, must be relaxed? Whether, in seasons of imminent peril to the
state, private rights must not give way? I may be asked, whether the
establishment of martial law and a dictator has not sometimes been
justified and demanded by public danger, and whether, of course, the
rights and liberties of the individual are not held at the discretion of
the state. I admit, in reply, that extreme cases may occur, in which the
exercise of rights and freedom may be suspended; but suspended only for
their ultimate and permanent security. At such times, when the frantic
fury of the many, or the usurpations of the few interrupt the
administration of law, and menace property and life, society, threatened
with ruin, puts forth instinctively spasmodic efforts for its own
preservation. It flies to an irresponsible dictator for its protection.
But in these cases, the great idea of Rights predominates amidst their
apparent subversion. A power above all laws is conferred, only that the
empire of law may be restored. Despotic restraints are imposed only that
liberty may be rescued from ruin. All rights are involved in the safety
of the state; and hence, in the cases referred to, the safety of the
state becomes the supreme law. The individual is bound for a time to
forego his freedom for the salvation of institutions, without which
liberty is but a name. To argue from such sacrifices that he may be
permanently made a slave, is as great an insult to reason as to
humanity. It may be added, that sacrifices, which may be demanded for
the safety, are not due from the individual to the prosperity of the
state. The great end of civil society is to secure rights, not
accumulate wealth; and to merge the former in the latter is to turn
political union into degradation and a scourge. The community is bound
to take the rights of each and all under its guardianship. It must
substantiate its claim to universal obedience by redeeming its pledge of
universal protection. It must immolate no man to the prosperity of the
rest. Its laws should be made for all, its tribunals opened to all. It
cannot without guilt abandon any of its members to private oppression,
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