The Catholic World, Vol. 11, April, 1870 to September, 1870Various
Religion
The Catholic World, Vol. 11, April, 1870 to September, 1870
Various
Catholic Church -- Periodicals
Most non-Catholics will deny that the American state is founded on
the recognition of the independence and superiority of the spiritual
order, and therefore, of the church, and the confession of its own
subordination to the spiritual, not only in the order of logic, as
Il Signor Cantù maintains, but also in the order of authority; yet a
little reflection ought to satisfy every one that such is the fact,
and if it does not, it will be owing to a misconception of what is
spiritual. The basis of the American state or constitution, the real,
unwritten, providential constitution, we mean, is what are called
the natural and inalienable rights of man; and we know no American
citizen who does not hold that these rights are prior to civil
society, above it, and held independently of it; or that does not
maintain that the great end for which civil society is instituted
is to protect, defend, and vindicate, if need be, with its whole
physical force, these sacred and inviolable rights for each and every
citizen, however high, however low. This is our American boast,
our American conception of political justice, glory. These rights,
among which are life, liberty, and the pursuit of happiness, are the
higher, the supreme law for civil society, which the state, however
constituted, is bound to recognize and obey. They deny the absolutism
of the state, define its sphere, restrict its power, and prescribe
its duty.
But whence come these rights? and how can they bind the state, and
prescribe its duty? We hold these rights by virtue, of our manhood,
it is said; they are inherent in it, and constitute it. But my
rights bind you, and yours bind me, and yet you and I are equal; our
manhoods are equal. How, then, can the manhood of either bind or
morally oblige the other? Of things equal one cannot be superior to
another. They are in our nature as men, it is said again, or, simply,
we hold them from nature. They are said to be natural rights and
inalienable, and what is natural must be in or from nature. Nature
is taken in two senses; as the physical order or the physical laws
constitutive of the physical universe, and as the moral law under
which all creatures endowed with reason and free-will are placed by
the Creator, and which is cognizable by natural reason or the reason
common to all men. In the first sense, these rights are not inherent
in our nature as men, nor from nature, or in nature; for they are not
physical. Physical rights are a contradiction in terms. They can be
inherent in our nature only in the second sense, and in our moral
nature only, and consequently are held under the law which founds
and sustains moral nature, or the moral order as distinct from the
physical order.
Public-domain text, read in full here on John Shaqi.
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