The Unconstitutionality of Slavery

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Excerpt from The Unconstitutionality of Slavery: Including Parts First and Second Before examining the language of the Constitution, in regard to Slavery, let us obtain a view of the principles, by virtue of which law arises out of those constitutions and compacts, by which people agree to establish government. To do this it is necessary to define the term law. Popular opinions are very loose and indefinite, both as to the true definition of law, and also as to the principle, by virtue of which law results from the compacts or contracts of mankind with each other. What then is Law? That law, I mean, which, and which only, judicial tribunals are morally bound, under all circumstances, to declare and sustain? In answering this question, I shall attempt to show that law is an intelligible principle of right, necessarily resulting from the nature of man, and not an arbitrary rule, that can be established by mere will, numbers or power. To determine whether this proposition be correct, we must look at the general signification of the term law. The true and general meaning of it, is that natural, permanent, unalterable principle, which governs any particular thing or class of things. The principle is strictly a natural one, and the term applies to every natural principle, whether mental, moral or physical. Thus we speak of the laws of mind, meaning thereby those natural, universal and necessary principles, according to which mind acts, or by which it is governed. We speak too of the moral law, which is merely an universal principle of moral obligation, that arises out of the nature of men. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.