The Southern Literary Messenger, Vol. I., No. 4, December, 1834Various
History
The Southern Literary Messenger, Vol. I., No. 4, December, 1834
Various
American literature -- 19th century -- Periodicals
If the individual to be instructed were one who had heretofore lived
apart from law and government, yet capable (if such a thing were
possible) of understanding the subject, it is here we ought to
commence. To him it would be indispensable to explain, in the first
instance, the structure of the body politic; to specify the rights
surrendered by individuals; and to set before him the equivalent
privileges received in exchange. _We_ too might be supposed to require
a like exposition before we would be prepared to submit to the severe
restraints and harsh penalties of _criminal_ law. But in regard to
controversies between individuals we feel no such jealousies. In these,
the law, acting but as an arbiter, indifferent between the parties, no
question concerning its authority occurs to the mind. The readiness
with which we acquiesce in its decisions, is strikingly manifested in
the fact, that the whole of England, Ireland and the United States are,
for the most part, governed by a law which has no voucher for its
authority but this acquiescence. The same thing may be said of the
authority of the civil law on the continent of Europe. It thus appears
that the mind does not always require to be informed of the origin of
the law which regulates and enforces, or protects individual rights,
before it will condescend to inquire what are its behests. _Prima
facie_ it should be so; but being, in point of fact, born in the midst
of law, habituated to it from our infancy, and accustomed to witness
uniform obedience to its authority on the part of those whom we were
taught to obey, we learn to regard it as a thing _in rerum natura_,
rather than of human invention; a sort of moral atmosphere, which, like
that we breathe, seems a very condition of our existence.
There is therefore no inconvenience to be apprehended from taking up
the subject in an inverted order, treating first of individual rights,
and reserving those that grow out of the relation of the citizen to the
body politic, and the correlative duties of that relation, for future
inquiry.
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