The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
"The law of nature is that which God, at man's creation, infused into
him, for his preservation and direction; and this is an eternal law, and
may not be changed."--_2 Shep. Abr. 356, also Jac. Law Dict._
"All laws derive their force from the law of nature; and those which do
not, are accounted as no laws."--_Fortescue. Jac. Law Dict._
"No law will make a construction to do wrong; and there are some things
which the law favors, and some it dislikes; it favoreth those things
that come from the order of nature."--_1 Inst. 183, 197.--Jac. Law
Dict._
"Of law no less can be acknowledged, than that her seat is the bosom of
God, her voice the harmony of the world. All things in heaven and earth
do her homage; the least as feeling her care, and the greatest as not
exempted from her power."--_Hooker._
"This law of nature being coeval with mankind, and dictated by God
himself, is of course superior in obligation to any other. It is binding
over all the globe, in all countries, and at all times: no human laws
are of any validity, if contrary to this; and such of them as are valid,
derive all their force, and all their authority, mediately or
immediately, from this original."--_Blackstone, Vol. 1, p. 41._
Mr. Christian, one of Blackstone's editors, in a note to the above
passage, says:
"Lord Chief Justice Hobart has also advanced, that even an act of
Parliament made against natural justice, as to make a man judge in his
own cause, is void in itself, for _jura naturæ sunt immutabilia_, and
they are _leges legum_"--(the laws of nature are immutable--they are the
laws of laws.)--_Hob. 87._
Mr. Christian then adds:
"With deference to these high authorities, (Blackstone and Hobart,) I
should conceive that in no case whatever can a judge oppose his own
opinion and authority to the clear will and declaration of the
legislature. His province is to interpret and obey the mandates of the
supreme power of the state. And if an act of Parliament, if we could
suppose such a case, should, like the edict of Herod, command all the
children under a certain age to be slain, the judge ought to resign his
office rather than be auxiliary to its execution; but it could only be
declared void by the same legislative power by which it was ordained. If
the judicial power were competent to decide that an act of parliament
was void because it was contrary to natural justice, upon an appeal to
the House of Lords this inconsistency would be the consequence, that as
judges they must declare void, what as legislators they had enacted
should be valid.
"The learned judge himself (Blackstone) declares in p. 91, if the
Parliament will positively enact a thing to be done which is
unreasonable, I know of no power in the ordinary forms of the
constitution, that is vested with authority to control it."
Public-domain text, read in full here on John Shaqi.
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