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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:43:26 -0700 |
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| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:43:26 -0700 |
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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/13988-0.txt b/13988-0.txt new file mode 100644 index 0000000..c665fc8 --- /dev/null +++ b/13988-0.txt @@ -0,0 +1,863 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 13988 *** + +FUGITIVE SLAVE LAW. + +THE + +Religious Duty + +OF + +OBEDIENCE TO LAW: + +A + +SERMON, + +Preached in the Second Presbyterian Church + +IN BROOKLYN, NOV. 24, 1850. + +BY ICHABOD S. SPENCER, D.D. + +NEW YORK: PUBLISHED BY M.W. DODD, +BRICK CHURCH CHAPEL, CITY HALL SQUARE, +OPPOSITE THE CITY HALL. +1850. + + + + +TO THE REV. DR. SPENCER: + +The undersigned having listened, with much pleasure and as we hope +profit, to the Sermon which you delivered yesterday morning, most +respectfully request a copy of the same for publication, believing +that much good may be done to the cause of Religion and Law, by the +dissemination of the truths expressed therein. + +Brooklyn, Monday, Nov, 25, 1850. + +JASPER CORNING, +FRANCIS H. ABBOTT, +LEBBEUS CHAPMAN, +F. DEMING, +GEORGE A. TALBOT, +A.M. FENBY, +THOMAS COCHRAN, +WM. BARBOUR, +J.B. WICKHAM, +SAMUEL HUTCHINSON, +WM. H. AMES, +L. HOPKINS, +JARVIS BRUSH, +S.N. BROWN, +GEORGE P. LORD, +H.K. CORNING, +THOS. BAYLIS, +W.K. BROWN, +M.S. GOODMAN, +JAS. WILDE, JR., +GEO. A. TOWNSEND, +DAVID B. BAYLIS, +HENRY W. BARNES, +ELI MERRILL, +W.M. SANDS, +ISAAC OTIS, +ALANSON TRASK, +CHARLES CLARK, +JOHN T. LAWRENCE, +A.S. MARVIN, +WM. M. HARRIS, +R.R. FIELD, +SAMUEL T. HUBBARD, +RICHARD W. HUBBARD, +A.G. TRASK, +JOHN H. PRENTICE, +WALDO HUTCHINS, +E.L. BUSHNELL, +SUMNER STONE, +JOSEPH STEELE, +JAS. McLEAN, +J.C. MEEKER, +J.S. PIERSON, +A.G. JENNINGS, JR., +B.W. DELAMATER, +W. SPENCER, +J.C. DURYEA, +A. CRITTENDEN, +HENRY ROWLAND, +WM. BULLARD, +JN. BULLARD, JR. + + * * * * * + +To JASPER CORNING, Esq., AND OTHERS: + +GENTLEMEN--The sermon which you have requested, prepared without a +single thought of its publication, and amid a pressure of other +duties, I submit to your disposal;--governed more by your judgment +than my own, in reference to its fitness for the press. + +Yours, very truly, +I.S. SPENCER. + +Brooklyn, Nov. 26, 1850. + + + + +SERMON. + + + Titus, III. 1. Put them in mind to be subject to + principalities and powers to obey magistrates, to be ready + for every good work. + + Ro. xiii. 1-7. Let every soul be subject unto the higher + powers. For there is no power but of God, the powers that be, + are ordained of God. Whosoever, therefore, resisteth the + power, resisteth the ordinance of God, and they that resist + shall receive to themselves damnation: (harm, loss, or ruin). + For rulers are not a terror to good works, but to the evil. + Wilt thou then not be afraid of the power? do that which is + good and thou shalt have praise of the same: for he is the + minister of God to thee for good. But if thou do that which + is evil, be afraid; for he beareth not the sword in vain: for + he is the minister of God, a revenger to execute wrath upon + him that doeth evil. Wherefore ye must needs be subject, not + only for wrath, but also for conscience' sake. For, for this + cause pay ye tribute also, for they are God's ministers, + attending continually upon this very thing. Render therefore + to all their dues: tribute to whom tribute is due; custom to + whom custom; fear to whom fear; honor to whom honor. + + +There are two great classes of human duty. One of them embraces +duties which we owe to God, the other embraces duties which we owe +to men. + +This classification of duties received the sanction of Jesus Christ, +when he spake of _loving the Lord our God with all our heart_, as +the spirit and sum of the one class of duties, and of _loving our +neighbor as ourselves_, as the spirit and sum of the other class of +duties. It had also been previously taught at Mount Sinai, when God +gave to Moses the two tables of the law--the one enjoining our duty +to God, the other enjoining our duty to man. + +This classification of duties is not arbitrary. It is founded on +truth and nature. Men have relations to God, as their Creator, +Upholder, Governor, Redeemer, and rightful Judge; and they are bound +to recognize these relations, and feel and act accordingly. Men hold +relations to one another, as parents, children, citizens, rulers, +and subjects; and they are bound to recognize these relations, and +feel and act accordingly. Such is the will of God. Such is the law +of God. There can be no holiness in man aside from conformity to the +will of God in this thing. + +This principle is carried out in all the teachings of the New +Testament, with an emphasis and a plainness which no candid and +unprejudiced mind can fail to understand. Jesus Christ has +incorporated it into his sermon on the mount in many particulars, +wherein he insists upon our social duties, while he teaches +religion. He preached this principle when he said, "render unto +Caesar the things that are Caesar's, and unto God the things that +are God's." He practised on this principle when he made the fish +bring in his mouth the tribute-money which, as a citizen, he owed to +the government of the country,--a government a thousandfold more +oppressive than ours. + +It would be a fundamental error, if we were to maintain, that +_religion_ has nothing to do with the regulation of our conduct +towards one another,--as parents, as children, as magistrates, +subjects and citizens; but that it has left all that field of duty +to be regulated by the individual preferences of men. It has not +done so. Social duties come as really within the field of +_religious_ obligation, as any other duties. "The fifth commandment +requireth the preserving the honor and performing the duties +belonging to every one in their several places and relations, as +superiors, inferiors, and equals." As men, in any relationship we +hold, neighbors, citizens of the state, children, parents, or any +other earthly connection, religion extends its authority over us; +and our conduct in each one of these relationships constitutes a +part of our holiness or our sin. + +God has not seen fit to enact special or particular laws for us, to +regulate our conduct in all respects, as here associated with one +another, and owing duties to one another, as neighbors, citizens of +the commonwealth, husbands, wives, and children. He has himself +enacted only _general_ laws for us,--laid down great general +principles, under the authority and light of which, he has left men +to regulate the particulars as they please, by the governments which +they establish.--only not contravening his great general principles +and laws. + +He has himself made _all_ the laws which are needful, and all +which can be justly obligatory upon us in respect to _divine +worship_,--such duties as praise, prayer, preaching the gospel, and +observing the sacramental ordinances;--and no human authority may +either repeal these laws or add to them. But in respect to the +duties which we owe to our neighbor, that is, to our fellow-man, in +any relation he holds to us or can ever hold; God has left the most +of these duties to the authoritative decision of human governments. +He has thus made a difference betwixt these two classes of duties. +The reason for this difference seems to be this; namely, man's +wisdom can reach farther in ascertaining what is fit or right +betwixt him and his fellow-man, than in ascertaining what is fit or +right betwixt him and his God: and consequently, man can legislate +in respect to property, and other matters of human right, but not in +respect to prayer, and other matters of the first class of duties. +Moreover, in respect to worship, God is himself one of the parties. +The parties are not man and man, as they are in all social duties; +but they are man and God:--and therefore, it would seem but fit and +natural, that God should legislate _exclusively_ in respect to the +duties which we owe to _Him_, and more specifically, than in respect +to the duties which we owe to one another. Hence, we find it so. +Explicit divine law regulates all the _particulars_ of the one class +of duties; the _particulars_ of the other class of duties are left +to human law, or the regulations of human society. + +But this latter class of duties, that is, our social duties, are +_not left_ to the _individual_ judgment or independent choice of +men, in such a sense, that they may obey or disobey human government +just as they please. Not in the least. Human government is by the +divine will. Obedience to it is obligatory upon men, by the will and +law of God. St. Paul directing Titus how to preach, (and therefore +directing all ministers of the gospel who come after him,) says to +him, "Put them in mind to be subject to principalities and powers, +to obey magistrates:" and I am doing it in this sermon. Human +government is of divine authority, not the _kind_, but the fact. And +consequently, our action about human government, our obedience to +it, and our disobedience, are as much matters of religion, and +coming under its authority and obligation, as are any other matters. +If religion had nothing to do with them, I would have nothing to do +with them here. But it _has_ something to do with them. Human +government is a divine ordinance. It is of divine authority. It is +_not_ a thing of mere human authority. Our _religion_, therefore, +our holiness and final salvation are concerned in our sentiments, +principles, and conduct in reference to human government. If God +_has_ left to men the choice of the _kind_ of government they will +have, he has _not_ left it to their choice whether they will _obey_ +human government or not. He has commanded that obedience. Human +government and law are by the will of God. This is a religious +principle. And almost the entire sum of our second class of duties, +by the will of God, lies under the regulation of human government. +God has himself legislated in respect to the other class of duties. +Human government is founded on the revealed will of God. + +The different expressions contained in the texts which we have just +read in your hearing, place this principle beyond all controversy. +Glance at them again. "Put them in mind to be subject to +principalities and powers, to obey magistrates." (I am doing so--I +am preaching gospel this morning.) "Let every soul be subject unto +the higher powers. For there is no power but _of God_. The powers +that be, are ordained _of God_. Whosoever, therefore, resisteth the +power, resisteth the ordinance _of God_. Rulers are not a terror to +good works, but to the evil. Do that which is good, and thou shalt +have praise of the same, for he is a minister _of God_ to thee for +good." We are commanded to be "subject for conscience' sake." +Magistrates "are God's ministers."--What could be plainer?--This is +_religion_: not politics, but religion. Human government is +"ordained of God." Magistrates are "ministers of God," to whom men +are commanded to be "subject for conscience' sake." + +This, therefore, settles the principle, on which obedience to human +government is the religious duty of men. There may be a point where +that obedience may justly stop, (a matter which we shall consider +soon;) but the great principle before us now is an important one, +namely, that human government and Law are things which exist by the +will of God, and men are bound to submit to them on that high +ground. This is the general rule. This is a _religious_ duty; +whatever exceptions we may be able to find sometimes, among the +diversities of human Law and human condition under it,--or when +human Law would interfere with the first class of our duties, which +God does not allow it to do. "The powers that be, are ordained of +God." + +Let it, therefore, be carefully noticed, that no man or body of men +has any right to say, that they will be without government, without +Law, or that religion has nothing to do with the question of their +civil obedience to Law. Such obedience must _be a part_ of their +religion, or they cannot be Christians. It is a part of the _will +and ordinance_ of God. + +Among politicians and statesmen, the idea of what they call "the +social compact" is a very familiar idea, and sometimes figures +largely. They mean by this, that there exists between the different +members of every civilized and orderly community, a tacit "compact" +or agreement, by which each individual tacitly or impliedly consents +to surrender some of his natural rights into the hands of the +community in general, or the hands of its government, in order to +have the power of the community in general, or power of its +government protect him in the enjoyment of others of his rights. +Thus, they tell us, that each man receives a benefit from the power +of society or government, which he could not secure by his +individual power, and receives it in return for the individual +natural rights, which he surrenders to the general society or +government: so that, on the whole, this "compact" between him and +the body politic is beneficial to him. For example, he might not be +able to defend his farm from the violence of unjust men, who might +deprive him of it; and so he procures the aid of civil government to +defend it for him, and in return for this benefit he consents that +his farm shall be taxed, and consents also to forego his personal +right to defend it himself in any manner he could, and let the +government defend it for him in their own way. So of all other civil +provisions, rights and duties under the civil government. +Politicians are accustomed to refer them all to "the social +compact." + +I do not complain of this idea of a "social compact," when the idea +is presented merely as a justification of government, or as an +_explanation_ of the propriety, necessity and equity of Law. But +when it is presented as _the foundation_ on which civil government +reposes, though it may satisfy a citizen, it ought not at all to +satisfy a Christian. The truth is, there is no such "social +compact." The idea is only a fancy. Human government is not founded +on any such "social compact" at all. It either exists by force, or +it is founded on the will of God, in every case. Its _just_ +foundation is the will of God. And when men are submitting to human +government, they are not to consider themselves as merely carrying +out the implied conditions of a "social compact;" but their duty is, +to consider themselves as submitting to an _ordinance_ of their God +and Maker. Human government is of a more high and sacred and solemn +character, than the mere idea of a "social compact" would make it. +God has something to do with it--much to do with it. His will is the +solid foundation on which it rests, (even though at first it may +have been established by force,) and every man is religiously bound +to regulate his obedience or disobedience to human government on +this divinely revealed principle. "The social compact" may be a very +good idea to employ for convincing an infidel in respect to the +right of Law; but it is too low and loose an idea for a Christian; +it falls far below the truth, and below the just solemnity of +obligation. + +The _necessity_ of human Law results very much, if not entirely, +from the injustice of mankind. In no age since the fall of Adam, has +any considerable body of men been found so just and upright, that +civil Law could be dispensed with. The bad would do injustice to the +good, if it were not for Law, and those magistrates appointed by +Law, who are "a terror to evil doers." Conscience is not effective +in the breast of every sinner, and therefore Law must come in, to +hinder that injustice, which, without it, would not be hindered by +individual conscience, and to compel that righteousness which, +without it, individual conscience would fail to enforce. As +individual conscience becomes more stringent, civil Law may become +more lax. If men would be just towards one another of themselves, +there would be no necessity of human Law, to compel them to abstain +from injury and to perform their duties to one another. + +Consequently, Law is a friend to the human race. It is the protector +of the good man; and it punishes the bad man, only for the purpose +of securing rights,--property, liberty and life. And even the bad +would be worse off a thousand fold than they are, if there were no +efficient Law to restrain them by its authority and sanctions. + +The _importance_ of civil Law is vastly great. Its importance can +scarcely be exaggerated by any representation. The most of our +earthly happiness lies under the protection of human Law, and lies +there by the will of God. We have not an item of property, in land, +or houses, or goods, or chattels, or money, which the Law does not +guard for us; and we have very little indeed, which we could +effectually guard for ourselves. If this protecting, guarding Law is +not enforced,--if the Law is obstructed, or crippled, or baffled, or +violently set at naught; then, the security of civilized society is +gone, and our property, our liberty, our rights, privileges and +life, just lie at the mercy of every unjust man, and any violent and +excited band of the wicked!--So important to us is the potential +dominion and regular administration of Law. + +Moreover our very rights in religion, our privilege to have the word +of God and read it, to worship God according to the dictates of our +own conscience, to preach the gospel and hear it, are rights and +privileges, which, in this unjust world, we could not enjoy for a +single year, aside from the protection and potential administration +of human government. + +If this human government, the government of Law, cannot be +maintained, therefore, there is nothing on earth valuable to us, +which is secure for a single hour! If the Law cannot be enforced, +then government is at an end and anarchy reigns, and all is +confusion, uncertainty, and violence! Order, civilization, +Christianity is not safe! + +There is indeed a _limit_ to the obedience due to human government. +Such government may become, and sometimes does become, so unjust, +oppressive, tyrannical, and cruel, as not to answer the designed, +and righteous, and beneficial purposes of government for a whole +people; and in such a case, it deserves no respect as an ordinance +of God, for it is then acting contrary to the will of God and the +necessity of society; and the injured and oppressed people may +justly rise in rebellion against such a government, and overthrow +it, if they can. But, let it be carefully remembered, that any +violent resistance is positive rebellion against the government; and +either that resistance must be crushed, or the government must be +overturned. There is no middle way--there can be none. In such a +case the whole authority and power of the government come into +direct hostility and conflict with the violence which resists the +execution of Law; and government must crush that violence, or that +violence must crush the government. A government is at an end, a +nullity, when it cannot execute its laws. Let it be carefully +remembered also, that violent resistance to Law cannot be justified, +when there is no righteous design to overthrow the government +itself; for no man owes a _half_-allegiance to government, or can +commit a _half_-high-treason; and besides, Law is too important and +delicate a thing to have its majesty trifled with, by the wicked +nonsense of a _half_-obedience. Let it be carefully remembered also, +that violent resistance to Law cannot be justified, when there is no +fair prospect of overthrowing the government, and being able to +establish a better one. To justify violent resistance to the laws, +it is not enough that the government is unjust and its laws +unrighteous; it is necessary also, that there should be no good +ground to hope for a cessation of that unrighteousness in some +peaceful way, and that there should be a prospect of some good to be +gained by the resistance, which good shall be worth more than all +the labor, and treasure, and strife, and blood, which the revolution +shall cost. Let it be carefully remembered, too, that violent +resistance on any one point is rebellion on every point, for "he +that offendeth in one point is guilty of all:" such resistance is +opposition by force to one entire government--is just a conflict +with the powers that be; so that any resisting individual or number +of individuals who commence a violent resistance on any one point, +have cast off their allegiance to the entire government, and stand +in the attitude of open and hostile rebellion. + +It may not be an easy thing to settle the right of rebellion--to +determine the question, when a people have a right forcibly to +resist the execution of regularly enacted Law. But we _can_ tell +_something_ about it. There are some things perfectly clear on this +point. + +1. To justify rebellion, (or what is the same thing, forcible +resistance of the laws,) a government must be so bad, as to fail +manifestly of its just end, that is, to promote the happiness of the +people. If it does promote that general happiness, it answers the +just end of government--it is a good government, and ought not to be +overthrown. + +2. To justify rebellion, the injustice or failure of a government +must be so great, that it cannot be endured,--so great, that it will +manifestly be better on the whole, to run all the risks of a bloody +conflict, of civil war, than to endure the execution of the +governmental laws. + +3. To justify rebellion, there must be little or no prospect that +the government can be peaceably altered, as ours may be, or that the +injustice or oppression of the government can be made to cease by +any peaceable means. Violence against government, rebellion, civil +war, are no small matters. They bring horrid evils along with them. +The injury of government must be very great to justify the +introduction of such evils; and if the injury can be made to cease, +by any peaceable means and within any reasonable time, it would be +better to bear the injury for a while, than to involve the nation in +confusion and blood, with uncertainty as to _the result_.--The last +four years' experience of nations in Europe may read us a lesson. + +A republic is different from a despotism. A nation where a +Constitution forming the foundation of Law, limiting its enactments +and establishing courts, is plainly written out in language that +everybody can understand,--where Constitution and Law provide for +their own amendment at the will of the sovereign people expressed in +a regular and solemn manner,--where the will of the people thus +governs, and (for example,) there is no "taxation without +representation,"--where the elective franchise is free, and every +man capable of intelligently exercising the right may give his voice +for altering the Constitution or Law,--and where, therefore, there +can be no necessity of violently opposing the laws, and no excuse +for meanly evading them;--_such_ a nation is very differently +conditioned from what it would be, if the will of one man or of a +few governed. In such a nation, rebellion, or any evasion of Law, +becomes a more serious moral evil. Rebellion _there_ can scarcely be +called for; and it were difficult to gauge the dimensions of its +unrighteousness! + +4. To justify rebellion, it is necessary that there should be a fair +prospect of successful resistance--of an overthrow of the +government. If the resistance is not likely to be successful for +good, but is only likely to cost the lives of the resisting +individuals and others; then, such individuals are sacrificing +themselves and others for no good purpose,--which is a thing that +cannot be justified to reason or religion. A man has no right to +fling away his life for a mere sentiment, and leave his wife a +widow, or his gray-haired parents without a son to solace them. +There must be some fair prospect of great good to come from it, +before one can justly fling his life into the scale, in a violent +contest with the government. + +5. To justify rebellion, there must be a fair prospect of the firm +_establishment of a letter government_, and the enactment of more +just laws, after the present government is overturned. Nothing can +justify a revolution, a conflict, a waste of treasure and blood, +which are not going _to gain anything_ in the end.--Again, the last +four years' experience of European nations may read us a lesson. + +6. To justify rebellion, or what is the same thing, violent +resistance to the execution of the laws, it is necessary that +something more than a _small fraction_ of the people should rise in +such a resistance. If the people in general are ready for it, and +are willing to run all the hazards of a rebellious conflict with the +government, conscious that they have righteousness and the God of +righteousness on their side; this is a very different affair from +what it would be, if only a minority of the people were ready for +rebellion. Such a minority have no right, on account of their deemed +injuries, to plunge the nation into a civil war, for the purpose of +over-turning a government which suits the great mass of the +people;--a civil war, in which there is every prospect, that the +government and the majority who aim to support it will prevail; and +prevailing, must crush their hostile opponents, this hasty and +reckless minority. + +These are some of the things which appear necessary, in order to +justify violent resistance of Law. They must _all_ exist, or such +resistance would be criminal,--contrary to reason, to benevolence, +and to Christ. + +It is not a thing to be expected at all among mankind, that all laws +should be right, or "just and equal." Human legislation must be +expected to bear the marks of an imperfection, which attaches itself +to everything human. If obedience to government were obligatory, +only on the condition that all the laws of that government are just; +then, such obedience would mean nothing at all, and every man would +be absolved from all allegiance to the government, and from all +obligations to obey. Such is man, so limited his wisdom and so +imperfect his holiness, that human laws must necessarily be +imperfect, and must, therefore, necessarily operate hardly in some +instances, upon more or less of the people. It is impossible, that +the thing should be otherwise--in the very nature of the case, it is +impossible. And if every individual were allowed to be the judge in +his own case, whether or not the law operated so hardly upon him +that he might disobey; _then_ his _obligation_ to obedience would +mean just nothing at all, and Law would be nothing more to him than +mere advice. It might be very good advice, but he might spurn it, if +he chose. _I_ may think it hard and unjust upon myself, that, in the +great "Empire State," by a sort of "bill of attainder," (I know not +what else to call it,--I suppose I must not call it a _slave law_,) +I am prohibited from holding any "office of profit or trust," +because I _will preach_ the gospel, and people will hear me;--but +notwithstanding this law, (which you will not allow me to call by +any hard name,) you think me under obligation to obey the +government,--and I think so too. I shall not rebel. + +The _execution_ of the Law also, must necessarily be imperfect, for +the same great reason--human imperfection: judges and jurors are not +infallible. But, what then? _God knew all this_ when he ordained +human government, and commanded us to be subject to it. Such +government, with all its unavoidable imperfection and errors, on the +whole is beneficial--indispensable--we could not do without it.--And +rarely, very rarely indeed, is there a single instance of an +individual man, here or beyond the Potomac, whom Law has injured +_more_ than it has benefited. Even if that Law unjustly takes away +his liberty or his life, it may have done him more good than injury; +his liberty or his life might have been sooner and more cruelly +destroyed without it. It would be hard to prove the contrary, in any +one case that ever existed or ever will, here or elsewhere. + +The best and wisest Laws ever enacted by man, or that ever will be +enacted by man, may sometimes operate hardly, even destructively, +upon some particular persons. An innocent man may be accused of +murder, tried, convicted, and sentenced to ignominious execution. +But, _what then_? May this man, who _knows_ his innocence, justly +arm himself with deadly weapons, and kill the officer who would +execute the sentence of the Law upon him,--and thus get out of his +hands? May this innocent man's neighbors, who know his innocence as +well as he, "_lawfully interpose their own persons_" betwixt him and +the officer of Law, and thus rescue him?--and may they do this, +because they have decided for themselves, that this is not a case +"_where the administration of justice is concerned_?" If so, then +all Law and Government must soon come to an end, and anarchy, mobs +and confusion reign! If so, then each man becomes really his own +Lawmaker, and when _he thinks_ the Law unjust towards him, may +resist it unto blood! If one man is at liberty to "_be fully +prepared for_ his own defense," and calling the legal officer an +"assailant," or an "assassin," may resist the execution of one law +which he deems hard upon him, then another man may do the same thing +in reference to another law; and the consequence inevitably must be, +that all Government, Law and security are at end! If my neighbor may +arm _himself_, and kill a legal officer who attempts the discharge +of his sworn duty; then I may arm _myself_ also, when I deem the Law +unjust to me, and kill another legal officer, who attempts to +execute the Law! And if all this may be, LAW is nothing but a +bugbear or a bubble--is a dead letter--and the texts of God's word +which we have just read to you may be disobeyed, and ought to be +blotted from the Bible! + +My brethren, this is a very solemn subject! No theme of earth could +be more so. All our earthly benefits, and no small part of our +spiritual privileges and hopes are wrapped up in it. Religion +_cannot_ prosper, if Law is not potential--if the minds of the +people are to be perpetually agitated, distracted and tormented, by +confusion, fear and uncertainty! + + * * * * * + +I have stated these great principles, and made these general +remarks upon the subject presented in our texts, on account of some +recent teachings which have been put forth as _religious_--put forth +in _religious_ publications, by _ministers_ of the gospel. I have no +reference to mere politics--to political papers or political +parties, whig or democrat. I have never entered into such matters: +other things occupy me. I have never given but one vote in any legal +election, during the eighteen years I have resided in the State +since I returned to it; and I never expect to give another. And if +principles opposite to those I have laid down in this sermon were +promulgated among us, only by politicians and political parties and +papers, I should not advert to them here. I have always supposed, +that some extravagant and evil principles would be occasionally +promulgated for party purposes and political effect, and that the +people very well understand this, and therefore will not be led very +far astray by them. And whenever such evil principles have been put +forth in the name of religion, by men whose fanatical phrensy +contemned the Sabbath and other institutions of God, (like some of +our Northern fanatics, "men of one idea" and not capable of two,) I +have very seldom adverted to them at all, but have supposed it best +to leave them to be counteracted by their own extravagance and by +the character of their advocates, and let them die by their own +contemptibility. But now, principles, contrary to the plain meaning +of the texts before us, come to our ears from some more respectable +quarters, and in the name of religion. I should be a traitor to the +high trust of this pulpit, if I did not caution you against them. +Forbearance and delicacy must sometimes have limits. We owe duties +to truth and Christianity, which tenderness must not make us +violate. + +The "New York Evangelical Congregational Association" recently +passed the following Resolution in respect to the "Fugitive-Slave +Law,"--a Law regularly enacted by the Congress of the United +States:-- + +"Resolved, That we cannot recognize this Law, as of any binding +force upon the citizens of our country."--(I am thankful that these +modest men did not go on, like him of the triple crown, to absolve +"the citizens of our country" from all allegiance to the government, +and give our rulers over into the hands of a majesty fit to take +care of them.) + +A _religious_ paper, edited by Congregational clergymen, holding +respectable stations, Pastors of churches,--a paper professedly +devoted to the cause of Christ,--holds the following language in an +_Editorial_ article, under the caption, "How to oppose the +Fugitive-Slave Law":-- + +This _religious_ paper says,--"To the fugitives themselves ... this +Law is no Law ... and to resist it even unto death, is their right, +and it may be their duty.... To each _individual_ fugitive, to every +man or woman, who having escaped from bondage and tasted liberty, is +in hourly peril of being seized and dragged back to slavery, we +say,--Be fully prepared for your own defense. If to you death seems +better than slavery, then refuse not to die--whether on the +way-side, at your own threshold, or even as a felon upon the +gallows. Defend your liberty and the liberty of your wife and +children, as you would defend your life and theirs against the +assassin. If you die thus, you die nobly, and your blood shall be +the redemption of your race. Should you destroy the life of your +assailant, you will pass into the custody of the criminal Law ... +under an indictment for murder; but the verdict of the community, +and the verdict of almost any jury will be, justifiable homicide in +self-defense.... Or should a different verdict be found, and you be +condemned to die as a murderer, your ignominious death shall be +luminous with the halo of a martyr, and your sacrifice shall be for +the deliverance of your people." + +Such are the _religious_ principles, and such is the _religious_ +advice of these _religious_ ministers! + +I am sorry to see this. _I never read more wicked and abominable +principles!_ They deserve not only the reprehension of every +Christian, but the entire indignation of _all civilized mankind_! +They advise private arming with bloody weapons--they advise violent +resistance and murder--the murder of officers of civil Law engaged +in the discharge of the duty which they have sworn to perform! I +have no words to express my abhorrence of these wicked and +outrageous sentiments, so directly contrary to the whole nature of +all civilized society, to the precepts of the Bible, and the whole +spirit of Christianity! I speak not of the _men_. Good men may err. +But these principles, which these ministers have published as +religious ones, are horribly and outrageously wicked! + +There are other things in this religious paper, which we think are +calculated to do immense mischief. This editorial article "would +utter its remonstrance against all violent resistance to the +execution of the Law." Indeed! Very quiet and peaceful, after having +talked about being "fully prepared for defense"--about death "on the +wayside, at the threshold and on the gallows"--about "murder," and +about "martyrdom." Away with such morality! aiming at one thing and +professing another!--"If one sees a fellow man struggling with his +captors,... he may lawfully interpose his own person between the +parties and separate them." Away with such morality! encouraging +people to "act a lie," by opposing Law while professing to obey it! +And this species of morality is virtually commended to the jury-box; +and its inmates are furnished in advance with a verdict here +prepared for their use--"justifiable homicide in self-defense"! Away +with such morality! encouraging a juror to violate his oath, by +disregarding the Law, which he has just sworn to his country and to +his God, shall govern his verdict! and encouraging a fugitive to +expect him to do so!--We may yet see whether the jurymen of our +country will regard their oath, or will follow the religious counsel +of this religious paper. + +I am not justifying slavery. I am pleading obedience to the texts +before me. Slavery may be wrong. Be it so; there is still a +_righteous_ method to get rid of it. But if slavery _is_ wrong, that +does not make violence and murder _right_. + +I am not justifying the fugitive-slave Law. It may be wrong: it may +be unwise and unconstitutional. I think that any wise and modest man +would hesitate much to pronounce it unconstitutional, after its +enactment by a body of men who _aimed_ to abide by the constitution, +and who studied the matter most intensely, with every opportunity +for information and with minds trained for years in the depths of +legal science. But, be it wrong--be it unwise and unconstitutional; +there are civil courts to decide upon its constitutionality, and +no man has _any right_ to decide for _himself_ that it is +unconstitutional, and act upon that decision: if he had such a +right, then every man would be his own Lawmaker, and public +Constitution and Law would be nothing but a bugbear or a bubble! Be +it wrong; there is a peaceful, prescribed way of amending both Law +and Constitution,--and a wrong in the Law does not make +false-swearing by the juryman and murder by the fugitive _right_! + +It is a most marvellous thing, what a number of clergymen north of +Mason and Dixon's line, have, all of a sudden, become such great +_Constitutional lawyers_! Never before was anything like it! It is a +modern miracle! A decision upon a great constitutional question is +nothing to them! How amazingly these profound legalists, these +clergyman jurists, would adorn the high courts of the country if +they would only consent to take their seat upon the bench! The +Judges of the United States Supreme Court ought to be thankful, that +these clergymen Judges have done their duty for them in advance, +deciding the law to be unconstitutional and no more is to be done! +Benevolent men, these clergymen! Some have done the duty of the +jurors for them and others the duty of the judges--the verdict and +the decision are both recorded! yea indeed, in advance, and without +pay! + +But seriously, it were far better, that these clergymen should +attend to their own appropriate duties to which their Master has +bidden them, than to be engaged in fostering excitements among their +people, which _never can_ result in any good, civil or religious. If +we shall have the rebellion, disunion, and civil war, to which these +evil principles and these excitements tend, the guilt of such +clergymen will not be small! I would not have their accountability +for all the gold of Ophir! + +But it is not all the clergymen of this part of the country, nor the +most of them, nor the half of them, who have turned Constitutional +lawyers, or turned law opposers. I hesitate not to say, it is only a +small minority, and those in general who are not entitled to the +most respect for erudition, sense, or excellence of character. The +(New School) Synod of New York and New Jersey, as respectable a body +of ministers and elders as is to be found in the Presbyterian +Church, at their late meeting in this city, had good sense enough, +and good religion enough, to "leave the constitutionality of the +recent enactment" (the Fugitive Slave Law) "to be adjudicated by the +civil tribunals of the country." They deserve the thanks of the +country and of all mankind. The solid sense and real religion of the +land will respect their decision. + +I have nothing to do with politics or party. I am only insisting +upon religious obedience to Law. I am preaching the texts before me. +Such obedience is a religious duty. It is the will of God. I appeal +to the texts. They proclaim the Law of God. Peaceful subjection to +government _is_ his law; and men are guilty of sophistry and +falsehood, when, to excuse wicked evasion of Law or violent +resistance, they pretend to appeal to what they call "the higher +laws of God." _There are no such higher laws._ The texts before me +are his law. If one man has a moral right, either cunningly to evade +or openly to violate Law, under such pleading, then another man has +the same right to violate _another_ Law; and thus any villainy on +earth may be perpetrated under the sacred names of "conscience," and +"the higher laws of God!" Nothing is _safe_ in the hands of men of +such principles. These principles undermine the foundations _of all +society among men_! As I told you last Wednesday evening in my +lecture, the question before the country is _not_, (as the deceivers +pretend,) whether God's laws are not higher than man's, or whether +God's laws are to be obeyed. Nobody disputes either of these things. +Nobody ever did. But the question is, whether it is the will of God +that men should submit to the laws of the land, or aim to paralyze +law, cheat it, cripple it, resist it, and thus overthrow the +government of the country--a government at this moment more +beneficial than any other that ever existed. + +Nor is it true, that the fugitive slave is made an "outlaw," and on +_that_ ground justifiable for bloody and murderous resistance of +Law. He is under the protection of Law; and if any man injures him +or kills him, the Law will avenge him, just as soon as it would you +or me. He is _not_ made an outlaw: common sense knows better. + +The matter before us is a very serious matter. The wicked +principles of which I have spoken, disguise it as you will, tend +directly to anarchy, confusion, and civil war! The question _is +not_, whether slavery is right, or the Fugitive Slave Law right. It +draws deeper. The question is, shall Law be put in force, and the +government of the country stand; or shall Law be resisted, and the +government of the country disobeyed, and the nation plunged into all +the horrors of civil war? If Law cannot be executed, it is time to +write the epitaph of your country! + +Suffer me to utter a few words of earnest counsel to you, my beloved +people. + +1. Beware of the influence of _mere feeling_ on this serious +subject. Your feelings may be with the slave,--so are mine, so are +those of most of the Southern people. We all want men to be free; +and _no more_ do we want it now, than did the inhabitants of this +country before we were born: the extravagant fanaticism and noisy +zeal of the Northern abolitionists have not increased the sentiment +of the country in favour of freedom a single item. But what can we +_do_? This is a very grave and difficult subject. One thing is +certain,--the perpetual abuse of our Southern brethren, violence, +disunion, and bloody murder will do us no good,--whether we are +bondmen or freemen. And when we think on this subject, let us aim to +be cool, unimpassioned, deliberate, and give reason and religion +their just influence over us. + +2. Beware of prejudice. Do not make up your mind hastily, and under +the impulses of mere feeling, without any just and extensive +information. Study the matter calmly, extensively, and on all sides +and aspects of it. + +3. Study it _religiously_. Keep it, in your mind, aloof from all the +excitements and influences of party and party spirit. Let me say to +you, my beloved people, study it on your knees, in earnest prayer to +God. Learn your duty from God's word, praying in the Holy Ghost. + +4. Aim to cultivate the entire spirit of your Lord and Master, Jesus +Christ. Feel as he felt. Act as he acted. Pray as he prayed. Seek +the _salvation_ of sinners, as he sought it,--evidently putting more +value upon _that_ for every dying son of Adam, than upon all things +earthly. Oh remember, you _will be the best citizens, just when you +are the best Christians_;--and I do believe in my heart, you will do +most earthly good to your fellow-men, just when you do them most +spiritual good,--leading them, by example, by precept, and prayer, +to "seek _first_ the kingdom of God." + +5. Be obedient to the laws of your land. Do not resist these +_ordinances of God_. Stand by the Constitution of your country. If +that die, _the most_ of your happiness and your hopes die with +it!--yea, it would be a calamity to the civilized world! +Christianity herself would be hindered a whole century in her march! +Respect your rulers. Frown indignantly upon the low and vile abuse +now heaped so liberally upon the great men of your country. Be +peaceful Citizens. Be a _law-abiding people_, with all your +sentiments opposed to violence, bloodshed, and confusion; and aim to +allay all the excited and angry feelings that may come up around +you. + +Finally; have your hope and your trust in God. Men women, and +children, I beseech every one of you to beware of the spirit of +worldliness, and the excitements of worldly subjects and interests; +and let not such interests and subjects prevent your conversion to +Christ, your holiness and eternal salvation. Pray for yourselves, +your children, your rulers; and let your prayerful and humble trust +in God hold you safe, amid all the agitations of a world that you +must soon leave for another. God grant it to you, through Jesus +Christ our Saviour. Amen. + + + + + + +End of the Project Gutenberg EBook of The Religious Duty of Obedience to Law +by Ichabod S. Spencer + +*** END OF THE PROJECT GUTENBERG EBOOK 13988 *** diff --git a/13988-h/13988-h.htm b/13988-h/13988-h.htm new file mode 100644 index 0000000..a910b8e --- /dev/null +++ b/13988-h/13988-h.htm @@ -0,0 +1,957 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> + <head> + <meta http-equiv="Content-Type" content="text/html; charset=UTF-8"> + <title> + The Project Gutenberg eBook of Fugitive Slave Law, by Ichabod S. Spencer, D.D.. + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + P { margin-top: .75em; margin-bottom: .75em; + } + H1,H2,H3,H4{ text-align: center; /* all headings centered */ } + HR { width: 33%; margin-top: 1em; margin-bottom: 1em; } + BODY{margin-left: 10%; margin-right: 10%;} + .blkquot {margin-left: 4em; margin-right: 4em;} /* block indent */ + // --> + /* XML end ]]>*/ + </style> + </head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 13988 ***</div> + +<h1>FUGITIVE SLAVE LAW.</h1> + +<h2>THE<br /> + +Religious Duty<br /> + +OF<br /> + +OBEDIENCE TO LAW:</h2> + +<h3>A<br /> + +SERMON,<br /> + +Preached in the Second Presbyterian Church<br /> + +IN BROOKLYN, NOV. 24, 1850.</h3> + +<h2>BY ICHABOD S. SPENCER, D.D.</h2> + +<h4>NEW YORK:<br /> +PUBLISHED BY M.W. DODD,<br /> +BRICK CHURCH CHAPEL, CITY HALL SQUARE,<br /> +OPPOSITE THE CITY HALL.<br /> +1850.</h4> + + + +<hr style='width: 65%;' /> +TO THE REV. DR. SPENCER: + +<p>The undersigned having listened, with much pleasure and as we hope +profit, to the Sermon which you delivered yesterday morning, most respectfully +request a copy of the same for publication, believing that much good +may be done to the cause of Religion and Law, by the dissemination of the +truths expressed therein.</p> + +<p><i>Brooklyn, Monday, Nov, 25, 1850.</i></p> + +JASPER CORNING,<br /> +FRANCIS H. ABBOTT,<br /> +LEBBEUS CHAPMAN,<br /> +F. DEMING,<br /> +GEORGE A. TALBOT,<br /> +A.M. FENBY,<br /> +THOMAS COCHRAN,<br /> +WM. BARBOUR,<br /> +J.B. WICKHAM,<br /> +SAMUEL HUTCHINSON,<br /> +WM. H. AMES,<br /> +L. HOPKINS,<br /> +JARVIS BRUSH,<br /> +S.N. BROWN,<br /> +GEORGE P. LORD,<br /> +H.K. CORNING,<br /> +THOS. BAYLIS,<br /> +W.K. BROWN,<br /> +M.S. GOODMAN,<br /> +JAS. WILDE, JR.,<br /> +GEO. A. TOWNSEND,<br /> +DAVID B. BAYLIS,<br /> +HENRY W. BARNES,<br /> +ELI MERRILL,<br /> +W.M. SANDS,<br /> +ISAAC OTIS,<br /> +ALANSON TRASK,<br /> +CHARLES CLARK,<br /> +JOHN T. LAWRENCE,<br /> +A.S. MARVIN,<br /> +WM. M. HARRIS,<br /> +R.R. FIELD,<br /> +SAMUEL T. HUBBARD,<br /> +RICHARD W. HUBBARD,<br /> +A.G. TRASK,<br /> +JOHN H. PRENTICE,<br /> +WALDO HUTCHINS,<br /> +E.L. BUSHNELL,<br /> +SUMNER STONE,<br /> +JOSEPH STEELE,<br /> +JAS. McLEAN,<br /> +J.C. MEEKER,<br /> +J.S. PIERSON,<br /> +A.G. JENNINGS, JR.,<br /> +B.W. DELAMATER,<br /> +W. SPENCER,<br /> +J.C. DURYEA,<br /> +A. CRITTENDEN,<br /> +HENRY ROWLAND,<br /> +WM. BULLARD,<br /> +JN. BULLARD, JR.<br /> + +<hr style='width: 45%;' /> + +<p>To JASPER CORNING, Esq., AND OTHERS:</p> + +<p>GENTLEMEN—The sermon which you have requested, +prepared without a single thought of its publication, and amid a pressure of +other duties, I submit to your disposal;—governed more by your judgment +than my own, in reference to its fitness for the press.</p> + +Yours, very truly,<br /> +<br /> +I.S. SPENCER.<br /> +<br /> +<i>Brooklyn, Nov. 26, 1850.</i><br /> + + + +<hr style='width: 65%;' /> +<h2>SERMON.</h2> + + +<div class='blkquot'><p>Titus, III. 1. Put them in mind to be subject to principalities and powers +to obey magistrates, to be ready for every good work.</p> + +<p>Ro. xiii. 1-7. Let every soul be subject unto the higher powers. For +there is no power but of God, the powers that be, are ordained of God. Whosoever, +therefore, resisteth the power, resisteth the ordinance of God, and +they that resist shall receive to themselves damnation: (harm, loss, or ruin). +For rulers are not a terror to good works, but to the evil. Wilt thou then +not be afraid of the power? do that which is good and thou shalt have praise +of the same: for he is the minister of God to thee for good. But if thou do +that which is evil, be afraid; for he beareth not the sword in vain: for he is +the minister of God, a revenger to execute wrath upon him that doeth evil. +Wherefore ye must needs be subject, not only for wrath, but also for conscience' +sake. For, for this cause pay ye tribute also, for they are God's +ministers, attending continually upon this very thing. Render therefore to +all their dues: tribute to whom tribute is due; custom to whom custom; fear +to whom fear; honor to whom honor.</p></div> +<br /> + +<p>There are two great classes of human duty. One of +them embraces duties which we owe to God, the other embraces +duties which we owe to men.</p> + +<p>This classification of duties received the sanction of Jesus +Christ, when he spake of <i>loving the Lord our God with all +our heart</i>, as the spirit and sum of the one class of duties, +and of <i>loving our neighbor as ourselves</i>, as the spirit and +sum of the other class of duties. It had also been previously +taught at Mount Sinai, when God gave to Moses the two +tables of the law—the one enjoining our duty to God, the +other enjoining our duty to man.</p> + +<p>This classification of duties is not arbitrary. It is founded +on truth and nature. Men have relations to God, as their +Creator, Upholder, Governor, Redeemer, and rightful Judge; +and they are bound to recognize these relations, and feel +and act accordingly. Men hold relations to one another, +as parents, children, citizens, rulers, and subjects; and they +are bound to recognize these relations, and feel and act accordingly. +Such is the will of God. Such is the law of +God. There can be no holiness in man aside from conformity +to the will of God in this thing.</p> + +<p>This principle is carried out in all the teachings of the +New Testament, with an emphasis and a plainness which no +candid and unprejudiced mind can fail to understand. Jesus +Christ has incorporated it into his sermon on the mount +in many particulars, wherein he insists upon our social +duties, while he teaches religion. He preached this principle +when he said, "render unto Caesar the things that are +Caesar's, and unto God the things that are God's." He +practised on this principle when he made the fish bring in +his mouth the tribute-money which, as a citizen, he owed to +the government of the country,—a government a thousandfold +more oppressive than ours.</p> + +<p>It would be a fundamental error, if we were to maintain, +that <i>religion</i> has nothing to do with the regulation of our +conduct towards one another,—as parents, as children, as +magistrates, subjects and citizens; but that it has left all +that field of duty to be regulated by the individual preferences +of men. It has not done so. Social duties come as +really within the field of <i>religious</i> obligation, as any other +duties. "The fifth commandment requireth the preserving +the honor and performing the duties belonging to every one +in their several places and relations, as superiors, inferiors, +and equals." As men, in any relationship we hold, neighbors, +citizens of the state, children, parents, or any other +earthly connection, religion extends its authority over us; +and our conduct in each one of these relationships constitutes +a part of our holiness or our sin.</p> + +<p>God has not seen fit to enact special or particular laws +for us, to regulate our conduct in all respects, as here associated +with one another, and owing duties to one another, +as neighbors, citizens of the commonwealth, husbands, +wives, and children. He has himself enacted only <i>general</i> +laws for us,—laid down great general principles, under the +authority and light of which, he has left men to regulate the +particulars as they please, by the governments which they +establish.—only not contravening his great general principles +and laws.</p> + +<p>He has himself made <i>all</i> the laws which are needful, and +all which can be justly obligatory upon us in respect to +<i>divine worship</i>,—such duties as praise, prayer, preaching +the gospel, and observing the sacramental ordinances;—and +no human authority may either repeal these laws or add to +them. But in respect to the duties which we owe to our +neighbor, that is, to our fellow-man, in any relation he holds +to us or can ever hold; God has left the most of these duties +to the authoritative decision of human governments. He +has thus made a difference betwixt these two classes of +duties. The reason for this difference seems to be this; +namely, man's wisdom can reach farther in ascertaining +what is fit or right betwixt him and his fellow-man, than in +ascertaining what is fit or right betwixt him and his God: +and consequently, man can legislate in respect to property, +and other matters of human right, but not in respect to +prayer, and other matters of the first class of duties. Moreover, +in respect to worship, God is himself one of the parties. +The parties are not man and man, as they are in all social +duties; but they are man and God:—and therefore, it would +seem but fit and natural, that God should legislate <i>exclusively</i> +in respect to the duties which we owe to <i>Him</i>, and more +specifically, than in respect to the duties which we owe to +one another. Hence, we find it so. Explicit divine law +regulates all the <i>particulars</i> of the one class of duties; the +<i>particulars</i> of the other class of duties are left to human law, +or the regulations of human society.</p> + +<p>But this latter class of duties, that is, our social duties, +are <i>not left</i> to the <i>individual</i> judgment or independent +choice of men, in such a sense, that they may obey or disobey +human government just as they please. Not in the +least. Human government is by the divine will. Obedience +to it is obligatory upon men, by the will and law of +God. St. Paul directing Titus how to preach, (and therefore +directing all ministers of the gospel who come after him,) +says to him, "Put them in mind to be subject to principalities +and powers, to obey magistrates:" and I am doing it +in this sermon. Human government is of divine authority, +not the <i>kind</i>, but the fact. And consequently, our action +about human government, our obedience to it, and our disobedience, +are as much matters of religion, and coming +under its authority and obligation, as are any other matters. +If religion had nothing to do with them, I would have nothing +to do with them here. But it <i>has</i> something to do +with them. Human government is a divine ordinance. It +is of divine authority. It is <i>not</i> a thing of mere human +authority. Our <i>religion</i>, therefore, our holiness and final +salvation are concerned in our sentiments, principles, and +conduct in reference to human government. If God <i>has</i> +left to men the choice of the <i>kind</i> of government they will +have, he has <i>not</i> left it to their choice whether they will +<i>obey</i> human government or not. He has commanded that +obedience. Human government and law are by the will of +God. This is a religious principle. And almost the entire +sum of our second class of duties, by the will of God, lies +under the regulation of human government. God has himself +legislated in respect to the other class of duties. Human +government is founded on the revealed will of God.</p> + +<p>The different expressions contained in the texts which we +have just read in your hearing, place this principle beyond +all controversy. Glance at them again. "Put them in +mind to be subject to principalities and powers, to obey +magistrates." (I am doing so—I am preaching gospel this +morning.) "Let every soul be subject unto the higher powers. +For there is no power but <i>of God</i>. The powers that be, +are ordained <i>of God</i>. Whosoever, therefore, resisteth the +power, resisteth the ordinance <i>of God</i>. Rulers are not a +terror to good works, but to the evil. Do that which is +good, and thou shalt have praise of the same, for he is a +minister <i>of God</i> to thee for good." We are commanded to +be "subject for conscience' sake." Magistrates "are God's +ministers."—What could be plainer?—This is <i>religion</i>: not +politics, but religion. Human government is "ordained of +God." Magistrates are "ministers of God," to whom men +are commanded to be "subject for conscience' sake."</p> + +<p>This, therefore, settles the principle, on which obedience +to human government is the religious duty of men. There +may be a point where that obedience may justly stop, (a +matter which we shall consider soon;) but the great principle +before us now is an important one, namely, that human +government and Law are things which exist by the will of +God, and men are bound to submit to them on that high +ground. This is the general rule. This is a <i>religious</i> duty; +whatever exceptions we may be able to find sometimes, +among the diversities of human Law and human condition +under it,—or when human Law would interfere with the +first class of our duties, which God does not allow it to do. +"The powers that be, are ordained of God."</p> + +<p>Let it, therefore, be carefully noticed, that no man or +body of men has any right to say, that they will be without +government, without Law, or that religion has nothing +to do with the question of their civil obedience to Law. +Such obedience must <i>be a part</i> of their religion, or they cannot +be Christians. It is a part of the <i>will and ordinance</i> of +God.</p> + +<p>Among politicians and statesmen, the idea of what they +call "the social compact" is a very familiar idea, and sometimes +figures largely. They mean by this, that there exists +between the different members of every civilized and orderly +community, a tacit "compact" or agreement, by which +each individual tacitly or impliedly consents to surrender +some of his natural rights into the hands of the community +in general, or the hands of its government, in order to have +the power of the community in general, or power of its government +protect him in the enjoyment of others of his +rights. Thus, they tell us, that each man receives a benefit +from the power of society or government, which he could +not secure by his individual power, and receives it in return +for the individual natural rights, which he surrenders to the +general society or government: so that, on the whole, this +"compact" between him and the body politic is beneficial +to him. For example, he might not be able to defend his +farm from the violence of unjust men, who might deprive +him of it; and so he procures the aid of civil government +to defend it for him, and in return for this benefit he consents +that his farm shall be taxed, and consents also to forego +his personal right to defend it himself in any manner he +could, and let the government defend it for him in their own +way. So of all other civil provisions, rights and duties +under the civil government. Politicians are accustomed to +refer them all to "the social compact."</p> + +<p>I do not complain of this idea of a "social compact," +when the idea is presented merely as a justification of government, +or as an <i>explanation</i> of the propriety, necessity +and equity of Law. But when it is presented as <i>the foundation</i> +on which civil government reposes, though it may +satisfy a citizen, it ought not at all to satisfy a Christian. +The truth is, there is no such "social compact." The idea +is only a fancy. Human government is not founded on +any such "social compact" at all. It either exists by force, +or it is founded on the will of God, in every case. Its <i>just</i> +foundation is the will of God. And when men are submitting +to human government, they are not to consider themselves +as merely carrying out the implied conditions of a +"social compact;" but their duty is, to consider themselves +as submitting to an <i>ordinance</i> of their God and Maker. +Human government is of a more high and sacred and +solemn character, than the mere idea of a "social compact" +would make it. God has something to do with it—much +to do with it. His will is the solid foundation on which it +rests, (even though at first it may have been established by +force,) and every man is religiously bound to regulate his +obedience or disobedience to human government on this +divinely revealed principle. "The social compact" may be +a very good idea to employ for convincing an infidel in respect +to the right of Law; but it is too low and loose an +idea for a Christian; it falls far below the truth, and below +the just solemnity of obligation.</p> + +<p>The <i>necessity</i> of human Law results very much, if not +entirely, from the injustice of mankind. In no age since +the fall of Adam, has any considerable body of men been +found so just and upright, that civil Law could be dispensed +with. The bad would do injustice to the good, if it +were not for Law, and those magistrates appointed by Law, +who are "a terror to evil doers." Conscience is not effective +in the breast of every sinner, and therefore Law must +come in, to hinder that injustice, which, without it, would +not be hindered by individual conscience, and to compel +that righteousness which, without it, individual conscience +would fail to enforce. As individual conscience becomes +more stringent, civil Law may become more lax. If men +would be just towards one another of themselves, there +would be no necessity of human Law, to compel them to +abstain from injury and to perform their duties to one +another.</p> + +<p>Consequently, Law is a friend to the human race. It is +the protector of the good man; and it punishes the bad +man, only for the purpose of securing rights,—property, +liberty and life. And even the bad would be worse off a +thousand fold than they are, if there were no efficient Law +to restrain them by its authority and sanctions.</p> + +<p>The <i>importance</i> of civil Law is vastly great. Its importance +can scarcely be exaggerated by any representation. +The most of our earthly happiness lies under the protection +of human Law, and lies there by the will of God. We +have not an item of property, in land, or houses, or goods, +or chattels, or money, which the Law does not guard for +us; and we have very little indeed, which we could effectually +guard for ourselves. If this protecting, guarding Law +is not enforced,—if the Law is obstructed, or crippled, or +baffled, or violently set at naught; then, the security of +civilized society is gone, and our property, our liberty, our +rights, privileges and life, just lie at the mercy of every unjust +man, and any violent and excited band of the wicked!—So +important to us is the potential dominion and regular +administration of Law.</p> + +<p>Moreover our very rights in religion, our privilege to +have the word of God and read it, to worship God according +to the dictates of our own conscience, to preach the +gospel and hear it, are rights and privileges, which, in this +unjust world, we could not enjoy for a single year, aside +from the protection and potential administration of human +government.</p> + +<p>If this human government, the government of Law, cannot +be maintained, therefore, there is nothing on earth valuable +to us, which is secure for a single hour! If the Law +cannot be enforced, then government is at an end and anarchy +reigns, and all is confusion, uncertainty, and violence! +Order, civilization, Christianity is not safe!</p> + +<p>There is indeed a <i>limit</i> to the obedience due to human +government. Such government may become, and sometimes +does become, so unjust, oppressive, tyrannical, and +cruel, as not to answer the designed, and righteous, and +beneficial purposes of government for a whole people; and +in such a case, it deserves no respect as an ordinance of +God, for it is then acting contrary to the will of God and +the necessity of society; and the injured and oppressed +people may justly rise in rebellion against such a government, +and overthrow it, if they can. But, let it be carefully +remembered, that any violent resistance is positive rebellion +against the government; and either that resistance must be +crushed, or the government must be overturned. There is +no middle way—there can be none. In such a case the +whole authority and power of the government come into +direct hostility and conflict with the violence which resists +the execution of Law; and government must crush that violence, +or that violence must crush the government. A government +is at an end, a nullity, when it cannot execute its +laws. Let it be carefully remembered also, that violent resistance +to Law cannot be justified, when there is no righteous +design to overthrow the government itself; for no man +owes a <i>half</i>-allegiance to government, or can commit a +<i>half</i>-high-treason; and besides, Law is too important and +delicate a thing to have its majesty trifled with, by the wicked +nonsense of a <i>half</i>-obedience. Let it be carefully remembered +also, that violent resistance to Law cannot be +justified, when there is no fair prospect of overthrowing the +government, and being able to establish a better one. To +justify violent resistance to the laws, it is not enough that +the government is unjust and its laws unrighteous; it is +necessary also, that there should be no good ground to hope +for a cessation of that unrighteousness in some peaceful +way, and that there should be a prospect of some good to be +gained by the resistance, which good shall be worth more +than all the labor, and treasure, and strife, and blood, which +the revolution shall cost. Let it be carefully remembered, +too, that violent resistance on any one point is rebellion on +every point, for "he that offendeth in one point is guilty of +all:" such resistance is opposition by force to one entire +government—is just a conflict with the powers that be; so +that any resisting individual or number of individuals who +commence a violent resistance on any one point, have cast +off their allegiance to the entire government, and stand in +the attitude of open and hostile rebellion.</p> + +<p>It may not be an easy thing to settle the right of rebellion—to +determine the question, when a people have a right +forcibly to resist the execution of regularly enacted Law. +But we <i>can</i> tell <i>something</i> about it. There are some things +perfectly clear on this point.</p> + +<p>1. To justify rebellion, (or what is the same thing, forcible +resistance of the laws,) a government must be so bad, as +to fail manifestly of its just end, that is, to promote the +happiness of the people. If it does promote that general +happiness, it answers the just end of government—it is a +good government, and ought not to be overthrown.</p> + +<p>2. To justify rebellion, the injustice or failure of a government +must be so great, that it cannot be endured,—so +great, that it will manifestly be better on the whole, to run +all the risks of a bloody conflict, of civil war, than to endure +the execution of the governmental laws.</p> + +<p>3. To justify rebellion, there must be little or no prospect +that the government can be peaceably altered, as ours may +be, or that the injustice or oppression of the government +can be made to cease by any peaceable means. Violence +against government, rebellion, civil war, are no small matters. +They bring horrid evils along with them. The injury +of government must be very great to justify the introduction +of such evils; and if the injury can be made to cease, +by any peaceable means and within any reasonable time, it +would be better to bear the injury for a while, than to involve +the nation in confusion and blood, with uncertainty as +to <i>the result</i>.—The last four years' experience of nations in +Europe may read us a lesson.</p> + +<p>A republic is different from a despotism. A nation where +a Constitution forming the foundation of Law, limiting its +enactments and establishing courts, is plainly written out in +language that everybody can understand,—where Constitution +and Law provide for their own amendment at the will of +the sovereign people expressed in a regular and solemn +manner,—where the will of the people thus governs, and +(for example,) there is no "taxation without representation,"—where +the elective franchise is free, and every man capable +of intelligently exercising the right may give his voice +for altering the Constitution or Law,—and where, therefore, +there can be no necessity of violently opposing the laws, and +no excuse for meanly evading them;—<i>such</i> a nation is very +differently conditioned from what it would be, if the will of +one man or of a few governed. In such a nation, rebellion, +or any evasion of Law, becomes a more serious moral evil. +Rebellion <i>there</i> can scarcely be called for; and it were difficult +to gauge the dimensions of its unrighteousness!</p> + +<p>4. To justify rebellion, it is necessary that there should be +a fair prospect of successful resistance—of an overthrow of +the government. If the resistance is not likely to be successful +for good, but is only likely to cost the lives of the +resisting individuals and others; then, such individuals are +sacrificing themselves and others for no good purpose,—which +is a thing that cannot be justified to reason or religion. +A man has no right to fling away his life for a mere sentiment, +and leave his wife a widow, or his gray-haired parents +without a son to solace them. There must be some fair +prospect of great good to come from it, before one can justly +fling his life into the scale, in a violent contest with the +government.</p> + +<p>5. To justify rebellion, there must be a fair prospect of the +firm <i>establishment of a letter government</i>, and the enactment +of more just laws, after the present government is +overturned. Nothing can justify a revolution, a conflict, a +waste of treasure and blood, which are not going <i>to gain +anything</i> in the end.—Again, the last four years' experience +of European nations may read us a lesson.</p> + +<p>6. To justify rebellion, or what is the same thing, violent +resistance to the execution of the laws, it is necessary that +something more than a <i>small fraction</i> of the people should +rise in such a resistance. If the people in general are ready +for it, and are willing to run all the hazards of a rebellious +conflict with the government, conscious that they have +righteousness and the God of righteousness on their side; +this is a very different affair from what it would be, if only +a minority of the people were ready for rebellion. Such a +minority have no right, on account of their deemed injuries, +to plunge the nation into a civil war, for the purpose of over-turning +a government which suits the great mass of the +people;—a civil war, in which there is every prospect, that +the government and the majority who aim to support it will +prevail; and prevailing, must crush their hostile opponents, +this hasty and reckless minority.</p> + +<p>These are some of the things which appear necessary, in +order to justify violent resistance of Law. They must <i>all</i> +exist, or such resistance would be criminal,—contrary to +reason, to benevolence, and to Christ.</p> + +<p>It is not a thing to be expected at all among mankind, +that all laws should be right, or "just and equal." Human +legislation must be expected to bear the marks of an imperfection, +which attaches itself to everything human. If obedience +to government were obligatory, only on the condition +that all the laws of that government are just; then, such +obedience would mean nothing at all, and every man would +be absolved from all allegiance to the government, and +from all obligations to obey. Such is man, so limited his +wisdom and so imperfect his holiness, that human laws must +necessarily be imperfect, and must, therefore, necessarily +operate hardly in some instances, upon more or less of the +people. It is impossible, that the thing should be otherwise—in +the very nature of the case, it is impossible. And if +every individual were allowed to be the judge in his own +case, whether or not the law operated so hardly upon him +that he might disobey; <i>then</i> his <i>obligation</i> to obedience +would mean just nothing at all, and Law would be nothing +more to him than mere advice. It might be very good advice, +but he might spurn it, if he chose. <i>I</i> may think it +hard and unjust upon myself, that, in the great "Empire +State," by a sort of "bill of attainder," (I know not what +else to call it,—I suppose I must not call it a <i>slave law</i>,) I am +prohibited from holding any "office of profit or trust," because +I <i>will preach</i> the gospel, and people will hear me;—but +notwithstanding this law, (which you will not allow me +to call by any hard name,) you think me under obligation +to obey the government,—and I think so too. I shall not +rebel.</p> + +<p>The <i>execution</i> of the Law also, must necessarily be imperfect, +for the same great reason—human imperfection: judges +and jurors are not infallible. But, what then? <i>God +knew all this</i> when he ordained human government, and +commanded us to be subject to it. Such government, with +all its unavoidable imperfection and errors, on the whole is +beneficial—indispensable—we could not do without it.—And +rarely, very rarely indeed, is there a single instance of +an individual man, here or beyond the Potomac, whom +Law has injured <i>more</i> than it has benefited. Even if that +Law unjustly takes away his liberty or his life, it may have +done him more good than injury; his liberty or his life +might have been sooner and more cruelly destroyed without +it. It would be hard to prove the contrary, in any one case +that ever existed or ever will, here or elsewhere.</p> + +<p>The best and wisest Laws ever enacted by man, or that +ever will be enacted by man, may sometimes operate hardly, +even destructively, upon some particular persons. An +innocent man may be accused of murder, tried, convicted, +and sentenced to ignominious execution. But, <i>what then</i>? +May this man, who <i>knows</i> his innocence, justly arm himself +with deadly weapons, and kill the officer who would execute +the sentence of the Law upon him,—and thus get out +of his hands? May this innocent man's neighbors, who +know his innocence as well as he, "<i>lawfully interpose their +own persons</i>" betwixt him and the officer of Law, and thus +rescue him?—and may they do this, because they have +decided for themselves, that this is not a case "<i>where the +administration of justice is concerned</i>?" If so, then all +Law and Government must soon come to an end, and anarchy, +mobs and confusion reign! If so, then each man +becomes really his own Lawmaker, and when <i>he thinks</i> the +Law unjust towards him, may resist it unto blood! If one +man is at liberty to "<i>be fully prepared for</i> his own defense," +and calling the legal officer an "assailant," or an +"assassin," may resist the execution of one law which he +deems hard upon him, then another man may do the same +thing in reference to another law; and the consequence +inevitably must be, that all Government, Law and security +are at end! If my neighbor may arm <i>himself</i>, and kill a +legal officer who attempts the discharge of his sworn duty; +then I may arm <i>myself</i> also, when I deem the Law unjust +to me, and kill another legal officer, who attempts to execute +the Law! And if all this may be, LAW is nothing +but a bugbear or a bubble—is a dead letter—and the texts +of God's word which we have just read to you may be disobeyed, +and ought to be blotted from the Bible!</p> + +<p>My brethren, this is a very solemn subject! No theme +of earth could be more so. All our earthly benefits, and +no small part of our spiritual privileges and hopes are +wrapped up in it. Religion <i>cannot</i> prosper, if Law is not +potential—if the minds of the people are to be perpetually +agitated, distracted and tormented, by confusion, fear and +uncertainty!</p> + +<hr style='width: 45%;' /> + +<p>I have stated these great principles, and made these general +remarks upon the subject presented in our texts, on account +of some recent teachings which have been put forth as +<i>religious</i>—put forth in <i>religious</i> publications, by <i>ministers</i> +of the gospel. I have no reference to mere politics—to +political papers or political parties, whig or democrat. I +have never entered into such matters: other things occupy +me. I have never given but one vote in any legal election, +during the eighteen years I have resided in the State since +I returned to it; and I never expect to give another. And +if principles opposite to those I have laid down in this sermon +were promulgated among us, only by politicians and +political parties and papers, I should not advert to them +here. I have always supposed, that some extravagant and +evil principles would be occasionally promulgated for party +purposes and political effect, and that the people very well +understand this, and therefore will not be led very far astray +by them. And whenever such evil principles have been +put forth in the name of religion, by men whose fanatical +phrensy contemned the Sabbath and other institutions of +God, (like some of our Northern fanatics, "men of one idea" +and not capable of two,) I have very seldom adverted to +them at all, but have supposed it best to leave them to be +counteracted by their own extravagance and by the character +of their advocates, and let them die by their own contemptibility. +But now, principles, contrary to the plain +meaning of the texts before us, come to our ears from some +more respectable quarters, and in the name of religion. I +should be a traitor to the high trust of this pulpit, if I did +not caution you against them. Forbearance and delicacy +must sometimes have limits. We owe duties to truth and +Christianity, which tenderness must not make us violate.</p> + +<p>The "New York Evangelical Congregational Association" +recently passed the following Resolution in respect to +the "Fugitive-Slave Law,"—a Law regularly enacted by +the Congress of the United States:—</p> + +<p>"Resolved, That we cannot recognize this Law, as of any +binding force upon the citizens of our country."—(I am +thankful that these modest men did not go on, like him of +the triple crown, to absolve "the citizens of our country" +from all allegiance to the government, and give our rulers +over into the hands of a majesty fit to take care of them.)</p> + +<p>A <i>religious</i> paper, edited by Congregational clergymen, +holding respectable stations, Pastors of churches,—a paper +professedly devoted to the cause of Christ,—holds the following +language in an <i>Editorial</i> article, under the caption, +"How to oppose the Fugitive-Slave Law":—</p> + +<p>This <i>religious</i> paper says,—"To the fugitives themselves ... +this Law is no Law ... and to resist it even unto +death, is their right, and it may be their duty.... To +each <i>individual</i> fugitive, to every man or woman, who +having escaped from bondage and tasted liberty, is in hourly +peril of being seized and dragged back to slavery, we +say,—Be fully prepared for your own defense. If to you +death seems better than slavery, then refuse not to die—whether +on the way-side, at your own threshold, or even as +a felon upon the gallows. Defend your liberty and the +liberty of your wife and children, as you would defend your +life and theirs against the assassin. If you die thus, you +die nobly, and your blood shall be the redemption of your +race. Should you destroy the life of your assailant, you will +pass into the custody of the criminal Law ... under +an indictment for murder; but the verdict of the community, +and the verdict of almost any jury will be, justifiable +homicide in self-defense.... Or should a different verdict +be found, and you be condemned to die as a murderer, +your ignominious death shall be luminous with the halo of +a martyr, and your sacrifice shall be for the deliverance of +your people."</p> + +<p>Such are the <i>religious</i> principles, and such is the <i>religious</i> +advice of these <i>religious</i> ministers!</p> + +<p>I am sorry to see this. <i>I never read more wicked and +abominable principles!</i> They deserve not only the reprehension +of every Christian, but the entire indignation of <i>all +civilized mankind</i>! They advise private arming with +bloody weapons—they advise violent resistance and murder—the +murder of officers of civil Law engaged in the discharge +of the duty which they have sworn to perform! I +have no words to express my abhorrence of these wicked +and outrageous sentiments, so directly contrary to the whole +nature of all civilized society, to the precepts of the Bible, +and the whole spirit of Christianity! I speak not of the +<i>men</i>. Good men may err. But these principles, which +these ministers have published as religious ones, are horribly +and outrageously wicked!</p> + +<p>There are other things in this religious paper, which we +think are calculated to do immense mischief. This editorial +article "would utter its remonstrance against all violent resistance +to the execution of the Law." Indeed! Very +quiet and peaceful, after having talked about being "fully +prepared for defense"—about death "on the wayside, at +the threshold and on the gallows"—about "murder," and +about "martyrdom." Away with such morality! aiming +at one thing and professing another!—"If one sees a fellow +man struggling with his captors,... he may lawfully +interpose his own person between the parties and separate +them." Away with such morality! encouraging people to +"act a lie," by opposing Law while professing to obey it! +And this species of morality is virtually commended to the +jury-box; and its inmates are furnished in advance with a +verdict here prepared for their use—"justifiable homicide +in self-defense"! Away with such morality! encouraging +a juror to violate his oath, by disregarding the Law, which +he has just sworn to his country and to his God, shall govern +his verdict! and encouraging a fugitive to expect him +to do so!—We may yet see whether the jurymen of our +country will regard their oath, or will follow the religious +counsel of this religious paper.</p> + +<p>I am not justifying slavery. I am pleading obedience to +the texts before me. Slavery may be wrong. Be it so; +there is still a <i>righteous</i> method to get rid of it. But if +slavery <i>is</i> wrong, that does not make violence and murder +<i>right</i>.</p> + +<p>I am not justifying the fugitive-slave Law. It may be +wrong: it may be unwise and unconstitutional. I think +that any wise and modest man would hesitate much to pronounce +it unconstitutional, after its enactment by a body of +men who <i>aimed</i> to abide by the constitution, and who +studied the matter most intensely, with every opportunity +for information and with minds trained for years in the +depths of legal science. But, be it wrong—be it unwise +and unconstitutional; there are civil courts to decide upon +its constitutionality, and no man has <i>any right</i> to decide for +<i>himself</i> that it is unconstitutional, and act upon that decision: +if he had such a right, then every man would be his +own Lawmaker, and public Constitution and Law would be +nothing but a bugbear or a bubble! Be it wrong; there is +a peaceful, prescribed way of amending both Law and +Constitution,—and a wrong in the Law does not make false-swearing +by the juryman and murder by the fugitive +<i>right</i>!</p> + +<p>It is a most marvellous thing, what a number of clergymen +north of Mason and Dixon's line, have, all of a sudden, +become such great <i>Constitutional lawyers</i>! Never before +was anything like it! It is a modern miracle! A decision +upon a great constitutional question is nothing to them! +How amazingly these profound legalists, these clergyman +jurists, would adorn the high courts of the country if they +would only consent to take their seat upon the bench! The +Judges of the United States Supreme Court ought to be +thankful, that these clergymen Judges have done their duty +for them in advance, deciding the law to be unconstitutional +and no more is to be done! Benevolent men, these clergymen! +Some have done the duty of the jurors for them and +others the duty of the judges—the verdict and the decision +are both recorded! yea indeed, in advance, and without +pay!</p> + +<p>But seriously, it were far better, that these clergymen +should attend to their own appropriate duties to which +their Master has bidden them, than to be engaged in fostering +excitements among their people, which <i>never can</i> result +in any good, civil or religious. If we shall have the rebellion, +disunion, and civil war, to which these evil principles +and these excitements tend, the guilt of such clergymen +will not be small! I would not have their accountability +for all the gold of Ophir!</p> + +<p>But it is not all the clergymen of this part of the country, +nor the most of them, nor the half of them, who have +turned Constitutional lawyers, or turned law opposers. I +hesitate not to say, it is only a small minority, and those in +general who are not entitled to the most respect for erudition, +sense, or excellence of character. The (New School) +Synod of New York and New Jersey, as respectable a body +of ministers and elders as is to be found in the Presbyterian +Church, at their late meeting in this city, had good sense +enough, and good religion enough, to "leave the constitutionality +of the recent enactment" (the Fugitive Slave Law) +"to be adjudicated by the civil tribunals of the country." +They deserve the thanks of the country and of all mankind. +The solid sense and real religion of the land will respect +their decision.</p> + +<p>I have nothing to do with politics or party. I am only +insisting upon religious obedience to Law. I am preaching +the texts before me. Such obedience is a religious duty. +It is the will of God. I appeal to the texts. They proclaim +the Law of God. Peaceful subjection to government <i>is</i> his +law; and men are guilty of sophistry and falsehood, when, +to excuse wicked evasion of Law or violent resistance, they +pretend to appeal to what they call "the higher laws of +God." <i>There are no such higher laws.</i> The texts before +me are his law. If one man has a moral right, either cunningly +to evade or openly to violate Law, under such pleading, +then another man has the same right to violate <i>another</i> +Law; and thus any villainy on earth may be perpetrated under +the sacred names of "conscience," and "the higher laws +of God!" Nothing is <i>safe</i> in the hands of men of such +principles. These principles undermine the foundations <i>of +all society among men</i>! As I told you last Wednesday +evening in my lecture, the question before the country is <i>not</i>, +(as the deceivers pretend,) whether God's laws are not higher +than man's, or whether God's laws are to be obeyed. Nobody +disputes either of these things. Nobody ever did. +But the question is, whether it is the will of God that men +should submit to the laws of the land, or aim to paralyze +law, cheat it, cripple it, resist it, and thus overthrow the +government of the country—a government at this moment +more beneficial than any other that ever existed.</p> + +<p>Nor is it true, that the fugitive slave is made an "outlaw," +and on <i>that</i> ground justifiable for bloody and murderous +resistance of Law. He is under the protection of Law; and +if any man injures him or kills him, the Law will avenge +him, just as soon as it would you or me. He is <i>not</i> made +an outlaw: common sense knows better.</p> + +<p>The matter before us is a very serious matter. The +wicked principles of which I have spoken, disguise it as you +will, tend directly to anarchy, confusion, and civil war! +The question <i>is not</i>, whether slavery is right, or the Fugitive +Slave Law right. It draws deeper. The question is, shall +Law be put in force, and the government of the country +stand; or shall Law be resisted, and the government of the +country disobeyed, and the nation plunged into all the horrors +of civil war? If Law cannot be executed, it is time to +write the epitaph of your country!</p> + +<p>Suffer me to utter a few words of earnest counsel to you, +my beloved people.</p> + +<p> 1. Beware of the influence of <i>mere feeling</i> on this serious +subject. Your feelings may be with the slave,—so are mine, +so are those of most of the Southern people. We all want +men to be free; and <i>no more</i> do we want it now, than did +the inhabitants of this country before we were born: the +extravagant fanaticism and noisy zeal of the Northern abolitionists +have not increased the sentiment of the country in +favour of freedom a single item. But what can we <i>do</i>? +This is a very grave and difficult subject. One thing is +certain,—the perpetual abuse of our Southern brethren, violence, +disunion, and bloody murder will do us no good,—whether +we are bondmen or freemen. And when we think +on this subject, let us aim to be cool, unimpassioned, deliberate, +and give reason and religion their just influence over +us.</p> + +<p> 2. Beware of prejudice. Do not make up your mind +hastily, and under the impulses of mere feeling, without +any just and extensive information. Study the matter +calmly, extensively, and on all sides and aspects of it.</p> + +<p> 3. Study it <i>religiously</i>. Keep it, in your mind, aloof from +all the excitements and influences of party and party spirit. +Let me say to you, my beloved people, study it on your +knees, in earnest prayer to God. Learn your duty from +God's word, praying in the Holy Ghost.</p> + +<p> 4. Aim to cultivate the entire spirit of your Lord and +Master, Jesus Christ. Feel as he felt. Act as he acted. +Pray as he prayed. Seek the <i>salvation</i> of sinners, as he +sought it,—evidently putting more value upon <i>that</i> for every +dying son of Adam, than upon all things earthly. Oh remember, +you <i>will be the best citizens, just when you are the +best Christians</i>;—and I do believe in my heart, you will do +most earthly good to your fellow-men, just when you do +them most spiritual good,—leading them, by example, by +precept, and prayer, to "seek <i>first</i> the kingdom of God."</p> + +<p> 5. Be obedient to the laws of your land. Do not resist +these <i>ordinances of God</i>. Stand by the Constitution of your +country. If that die, <i>the most</i> of your happiness and your +hopes die with it!—yea, it would be a calamity to the civilized +world! Christianity herself would be hindered a whole +century in her march! Respect your rulers. Frown indignantly +upon the low and vile abuse now heaped so liberally +upon the great men of your country. Be peaceful Citizens. +Be a <i>law-abiding people</i>, with all your sentiments opposed +to violence, bloodshed, and confusion; and aim to allay all +the excited and angry feelings that may come up around +you.</p> + +<p>Finally; have your hope and your trust in God. Men +women, and children, I beseech every one of you to beware +of the spirit of worldliness, and the excitements of worldly +subjects and interests; and let not such interests and subjects +prevent your conversion to Christ, your holiness and +eternal salvation. Pray for yourselves, your children, your +rulers; and let your prayerful and humble trust in God hold +you safe, amid all the agitations of a world that you must +soon leave for another. God grant it to you, through Jesus +Christ our Saviour. Amen.</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 13988 ***</div> +</body> +</html> diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. 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Spencer, D.D.. + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + P { margin-top: .75em; margin-bottom: .75em; + } + H1,H2,H3,H4{ text-align: center; /* all headings centered */ } + HR { width: 33%; margin-top: 1em; margin-bottom: 1em; } + BODY{margin-left: 10%; margin-right: 10%;} + .blkquot {margin-left: 4em; margin-right: 4em;} /* block indent */ + // --> + /* XML end ]]>*/ + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Religious Duty of Obedience to Law +by Ichabod S. Spencer + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Religious Duty of Obedience to Law + A Sermon by Ichabod S. Spencer Preached In The Second Presbyterian + Church In Brooklyn, Nov. 24, 1850 + + +Author: Ichabod S. Spencer + +Release Date: November 9, 2004 [EBook #13988] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK OBEDIENCE TO LAW *** + + + + +Produced by Curtis Weyant, Andrea Ball and the Online Distributed +Proofreading Team. + + + + + + +</pre> + + + +<h1>FUGITIVE SLAVE LAW.</h1> + +<h2>THE<br /> + +Religious Duty<br /> + +OF<br /> + +OBEDIENCE TO LAW:</h2> + +<h3>A<br /> + +SERMON,<br /> + +Preached in the Second Presbyterian Church<br /> + +IN BROOKLYN, NOV. 24, 1850.</h3> + +<h2>BY ICHABOD S. SPENCER, D.D.</h2> + +<h4>NEW YORK:<br /> +PUBLISHED BY M.W. DODD,<br /> +BRICK CHURCH CHAPEL, CITY HALL SQUARE,<br /> +OPPOSITE THE CITY HALL.<br /> +1850.</h4> + + + +<hr style='width: 65%;' /> +TO THE REV. DR. SPENCER: + +<p>The undersigned having listened, with much pleasure and as we hope +profit, to the Sermon which you delivered yesterday morning, most respectfully +request a copy of the same for publication, believing that much good +may be done to the cause of Religion and Law, by the dissemination of the +truths expressed therein.</p> + +<p><i>Brooklyn, Monday, Nov, 25, 1850.</i></p> + +JASPER CORNING,<br /> +FRANCIS H. ABBOTT,<br /> +LEBBEUS CHAPMAN,<br /> +F. DEMING,<br /> +GEORGE A. TALBOT,<br /> +A.M. FENBY,<br /> +THOMAS COCHRAN,<br /> +WM. BARBOUR,<br /> +J.B. WICKHAM,<br /> +SAMUEL HUTCHINSON,<br /> +WM. H. AMES,<br /> +L. HOPKINS,<br /> +JARVIS BRUSH,<br /> +S.N. BROWN,<br /> +GEORGE P. LORD,<br /> +H.K. CORNING,<br /> +THOS. BAYLIS,<br /> +W.K. BROWN,<br /> +M.S. GOODMAN,<br /> +JAS. WILDE, JR.,<br /> +GEO. A. TOWNSEND,<br /> +DAVID B. BAYLIS,<br /> +HENRY W. BARNES,<br /> +ELI MERRILL,<br /> +W.M. SANDS,<br /> +ISAAC OTIS,<br /> +ALANSON TRASK,<br /> +CHARLES CLARK,<br /> +JOHN T. LAWRENCE,<br /> +A.S. MARVIN,<br /> +WM. M. HARRIS,<br /> +R.R. FIELD,<br /> +SAMUEL T. HUBBARD,<br /> +RICHARD W. HUBBARD,<br /> +A.G. TRASK,<br /> +JOHN H. PRENTICE,<br /> +WALDO HUTCHINS,<br /> +E.L. BUSHNELL,<br /> +SUMNER STONE,<br /> +JOSEPH STEELE,<br /> +JAS. McLEAN,<br /> +J.C. MEEKER,<br /> +J.S. PIERSON,<br /> +A.G. JENNINGS, JR.,<br /> +B.W. DELAMATER,<br /> +W. SPENCER,<br /> +J.C. DURYEA,<br /> +A. CRITTENDEN,<br /> +HENRY ROWLAND,<br /> +WM. BULLARD,<br /> +JN. BULLARD, JR.<br /> + +<hr style='width: 45%;' /> + +<p>To JASPER CORNING, Esq., AND OTHERS:</p> + +<p>GENTLEMEN—The sermon which you have requested, +prepared without a single thought of its publication, and amid a pressure of +other duties, I submit to your disposal;—governed more by your judgment +than my own, in reference to its fitness for the press.</p> + +Yours, very truly,<br /> +<br /> +I.S. SPENCER.<br /> +<br /> +<i>Brooklyn, Nov. 26, 1850.</i><br /> + + + +<hr style='width: 65%;' /> +<h2>SERMON.</h2> + + +<div class='blkquot'><p>Titus, III. 1. Put them in mind to be subject to principalities and powers +to obey magistrates, to be ready for every good work.</p> + +<p>Ro. xiii. 1-7. Let every soul be subject unto the higher powers. For +there is no power but of God, the powers that be, are ordained of God. Whosoever, +therefore, resisteth the power, resisteth the ordinance of God, and +they that resist shall receive to themselves damnation: (harm, loss, or ruin). +For rulers are not a terror to good works, but to the evil. Wilt thou then +not be afraid of the power? do that which is good and thou shalt have praise +of the same: for he is the minister of God to thee for good. But if thou do +that which is evil, be afraid; for he beareth not the sword in vain: for he is +the minister of God, a revenger to execute wrath upon him that doeth evil. +Wherefore ye must needs be subject, not only for wrath, but also for conscience' +sake. For, for this cause pay ye tribute also, for they are God's +ministers, attending continually upon this very thing. Render therefore to +all their dues: tribute to whom tribute is due; custom to whom custom; fear +to whom fear; honor to whom honor.</p></div> +<br /> + +<p>There are two great classes of human duty. One of +them embraces duties which we owe to God, the other embraces +duties which we owe to men.</p> + +<p>This classification of duties received the sanction of Jesus +Christ, when he spake of <i>loving the Lord our God with all +our heart</i>, as the spirit and sum of the one class of duties, +and of <i>loving our neighbor as ourselves</i>, as the spirit and +sum of the other class of duties. It had also been previously +taught at Mount Sinai, when God gave to Moses the two +tables of the law—the one enjoining our duty to God, the +other enjoining our duty to man.</p> + +<p>This classification of duties is not arbitrary. It is founded +on truth and nature. Men have relations to God, as their +Creator, Upholder, Governor, Redeemer, and rightful Judge; +and they are bound to recognize these relations, and feel +and act accordingly. Men hold relations to one another, +as parents, children, citizens, rulers, and subjects; and they +are bound to recognize these relations, and feel and act accordingly. +Such is the will of God. Such is the law of +God. There can be no holiness in man aside from conformity +to the will of God in this thing.</p> + +<p>This principle is carried out in all the teachings of the +New Testament, with an emphasis and a plainness which no +candid and unprejudiced mind can fail to understand. Jesus +Christ has incorporated it into his sermon on the mount +in many particulars, wherein he insists upon our social +duties, while he teaches religion. He preached this principle +when he said, "render unto Caesar the things that are +Caesar's, and unto God the things that are God's." He +practised on this principle when he made the fish bring in +his mouth the tribute-money which, as a citizen, he owed to +the government of the country,—a government a thousandfold +more oppressive than ours.</p> + +<p>It would be a fundamental error, if we were to maintain, +that <i>religion</i> has nothing to do with the regulation of our +conduct towards one another,—as parents, as children, as +magistrates, subjects and citizens; but that it has left all +that field of duty to be regulated by the individual preferences +of men. It has not done so. Social duties come as +really within the field of <i>religious</i> obligation, as any other +duties. "The fifth commandment requireth the preserving +the honor and performing the duties belonging to every one +in their several places and relations, as superiors, inferiors, +and equals." As men, in any relationship we hold, neighbors, +citizens of the state, children, parents, or any other +earthly connection, religion extends its authority over us; +and our conduct in each one of these relationships constitutes +a part of our holiness or our sin.</p> + +<p>God has not seen fit to enact special or particular laws +for us, to regulate our conduct in all respects, as here associated +with one another, and owing duties to one another, +as neighbors, citizens of the commonwealth, husbands, +wives, and children. He has himself enacted only <i>general</i> +laws for us,—laid down great general principles, under the +authority and light of which, he has left men to regulate the +particulars as they please, by the governments which they +establish.—only not contravening his great general principles +and laws.</p> + +<p>He has himself made <i>all</i> the laws which are needful, and +all which can be justly obligatory upon us in respect to +<i>divine worship</i>,—such duties as praise, prayer, preaching +the gospel, and observing the sacramental ordinances;—and +no human authority may either repeal these laws or add to +them. But in respect to the duties which we owe to our +neighbor, that is, to our fellow-man, in any relation he holds +to us or can ever hold; God has left the most of these duties +to the authoritative decision of human governments. He +has thus made a difference betwixt these two classes of +duties. The reason for this difference seems to be this; +namely, man's wisdom can reach farther in ascertaining +what is fit or right betwixt him and his fellow-man, than in +ascertaining what is fit or right betwixt him and his God: +and consequently, man can legislate in respect to property, +and other matters of human right, but not in respect to +prayer, and other matters of the first class of duties. Moreover, +in respect to worship, God is himself one of the parties. +The parties are not man and man, as they are in all social +duties; but they are man and God:—and therefore, it would +seem but fit and natural, that God should legislate <i>exclusively</i> +in respect to the duties which we owe to <i>Him</i>, and more +specifically, than in respect to the duties which we owe to +one another. Hence, we find it so. Explicit divine law +regulates all the <i>particulars</i> of the one class of duties; the +<i>particulars</i> of the other class of duties are left to human law, +or the regulations of human society.</p> + +<p>But this latter class of duties, that is, our social duties, +are <i>not left</i> to the <i>individual</i> judgment or independent +choice of men, in such a sense, that they may obey or disobey +human government just as they please. Not in the +least. Human government is by the divine will. Obedience +to it is obligatory upon men, by the will and law of +God. St. Paul directing Titus how to preach, (and therefore +directing all ministers of the gospel who come after him,) +says to him, "Put them in mind to be subject to principalities +and powers, to obey magistrates:" and I am doing it +in this sermon. Human government is of divine authority, +not the <i>kind</i>, but the fact. And consequently, our action +about human government, our obedience to it, and our disobedience, +are as much matters of religion, and coming +under its authority and obligation, as are any other matters. +If religion had nothing to do with them, I would have nothing +to do with them here. But it <i>has</i> something to do +with them. Human government is a divine ordinance. It +is of divine authority. It is <i>not</i> a thing of mere human +authority. Our <i>religion</i>, therefore, our holiness and final +salvation are concerned in our sentiments, principles, and +conduct in reference to human government. If God <i>has</i> +left to men the choice of the <i>kind</i> of government they will +have, he has <i>not</i> left it to their choice whether they will +<i>obey</i> human government or not. He has commanded that +obedience. Human government and law are by the will of +God. This is a religious principle. And almost the entire +sum of our second class of duties, by the will of God, lies +under the regulation of human government. God has himself +legislated in respect to the other class of duties. Human +government is founded on the revealed will of God.</p> + +<p>The different expressions contained in the texts which we +have just read in your hearing, place this principle beyond +all controversy. Glance at them again. "Put them in +mind to be subject to principalities and powers, to obey +magistrates." (I am doing so—I am preaching gospel this +morning.) "Let every soul be subject unto the higher powers. +For there is no power but <i>of God</i>. The powers that be, +are ordained <i>of God</i>. Whosoever, therefore, resisteth the +power, resisteth the ordinance <i>of God</i>. Rulers are not a +terror to good works, but to the evil. Do that which is +good, and thou shalt have praise of the same, for he is a +minister <i>of God</i> to thee for good." We are commanded to +be "subject for conscience' sake." Magistrates "are God's +ministers."—What could be plainer?—This is <i>religion</i>: not +politics, but religion. Human government is "ordained of +God." Magistrates are "ministers of God," to whom men +are commanded to be "subject for conscience' sake."</p> + +<p>This, therefore, settles the principle, on which obedience +to human government is the religious duty of men. There +may be a point where that obedience may justly stop, (a +matter which we shall consider soon;) but the great principle +before us now is an important one, namely, that human +government and Law are things which exist by the will of +God, and men are bound to submit to them on that high +ground. This is the general rule. This is a <i>religious</i> duty; +whatever exceptions we may be able to find sometimes, +among the diversities of human Law and human condition +under it,—or when human Law would interfere with the +first class of our duties, which God does not allow it to do. +"The powers that be, are ordained of God."</p> + +<p>Let it, therefore, be carefully noticed, that no man or +body of men has any right to say, that they will be without +government, without Law, or that religion has nothing +to do with the question of their civil obedience to Law. +Such obedience must <i>be a part</i> of their religion, or they cannot +be Christians. It is a part of the <i>will and ordinance</i> of +God.</p> + +<p>Among politicians and statesmen, the idea of what they +call "the social compact" is a very familiar idea, and sometimes +figures largely. They mean by this, that there exists +between the different members of every civilized and orderly +community, a tacit "compact" or agreement, by which +each individual tacitly or impliedly consents to surrender +some of his natural rights into the hands of the community +in general, or the hands of its government, in order to have +the power of the community in general, or power of its government +protect him in the enjoyment of others of his +rights. Thus, they tell us, that each man receives a benefit +from the power of society or government, which he could +not secure by his individual power, and receives it in return +for the individual natural rights, which he surrenders to the +general society or government: so that, on the whole, this +"compact" between him and the body politic is beneficial +to him. For example, he might not be able to defend his +farm from the violence of unjust men, who might deprive +him of it; and so he procures the aid of civil government +to defend it for him, and in return for this benefit he consents +that his farm shall be taxed, and consents also to forego +his personal right to defend it himself in any manner he +could, and let the government defend it for him in their own +way. So of all other civil provisions, rights and duties +under the civil government. Politicians are accustomed to +refer them all to "the social compact."</p> + +<p>I do not complain of this idea of a "social compact," +when the idea is presented merely as a justification of government, +or as an <i>explanation</i> of the propriety, necessity +and equity of Law. But when it is presented as <i>the foundation</i> +on which civil government reposes, though it may +satisfy a citizen, it ought not at all to satisfy a Christian. +The truth is, there is no such "social compact." The idea +is only a fancy. Human government is not founded on +any such "social compact" at all. It either exists by force, +or it is founded on the will of God, in every case. Its <i>just</i> +foundation is the will of God. And when men are submitting +to human government, they are not to consider themselves +as merely carrying out the implied conditions of a +"social compact;" but their duty is, to consider themselves +as submitting to an <i>ordinance</i> of their God and Maker. +Human government is of a more high and sacred and +solemn character, than the mere idea of a "social compact" +would make it. God has something to do with it—much +to do with it. His will is the solid foundation on which it +rests, (even though at first it may have been established by +force,) and every man is religiously bound to regulate his +obedience or disobedience to human government on this +divinely revealed principle. "The social compact" may be +a very good idea to employ for convincing an infidel in respect +to the right of Law; but it is too low and loose an +idea for a Christian; it falls far below the truth, and below +the just solemnity of obligation.</p> + +<p>The <i>necessity</i> of human Law results very much, if not +entirely, from the injustice of mankind. In no age since +the fall of Adam, has any considerable body of men been +found so just and upright, that civil Law could be dispensed +with. The bad would do injustice to the good, if it +were not for Law, and those magistrates appointed by Law, +who are "a terror to evil doers." Conscience is not effective +in the breast of every sinner, and therefore Law must +come in, to hinder that injustice, which, without it, would +not be hindered by individual conscience, and to compel +that righteousness which, without it, individual conscience +would fail to enforce. As individual conscience becomes +more stringent, civil Law may become more lax. If men +would be just towards one another of themselves, there +would be no necessity of human Law, to compel them to +abstain from injury and to perform their duties to one +another.</p> + +<p>Consequently, Law is a friend to the human race. It is +the protector of the good man; and it punishes the bad +man, only for the purpose of securing rights,—property, +liberty and life. And even the bad would be worse off a +thousand fold than they are, if there were no efficient Law +to restrain them by its authority and sanctions.</p> + +<p>The <i>importance</i> of civil Law is vastly great. Its importance +can scarcely be exaggerated by any representation. +The most of our earthly happiness lies under the protection +of human Law, and lies there by the will of God. We +have not an item of property, in land, or houses, or goods, +or chattels, or money, which the Law does not guard for +us; and we have very little indeed, which we could effectually +guard for ourselves. If this protecting, guarding Law +is not enforced,—if the Law is obstructed, or crippled, or +baffled, or violently set at naught; then, the security of +civilized society is gone, and our property, our liberty, our +rights, privileges and life, just lie at the mercy of every unjust +man, and any violent and excited band of the wicked!—So +important to us is the potential dominion and regular +administration of Law.</p> + +<p>Moreover our very rights in religion, our privilege to +have the word of God and read it, to worship God according +to the dictates of our own conscience, to preach the +gospel and hear it, are rights and privileges, which, in this +unjust world, we could not enjoy for a single year, aside +from the protection and potential administration of human +government.</p> + +<p>If this human government, the government of Law, cannot +be maintained, therefore, there is nothing on earth valuable +to us, which is secure for a single hour! If the Law +cannot be enforced, then government is at an end and anarchy +reigns, and all is confusion, uncertainty, and violence! +Order, civilization, Christianity is not safe!</p> + +<p>There is indeed a <i>limit</i> to the obedience due to human +government. Such government may become, and sometimes +does become, so unjust, oppressive, tyrannical, and +cruel, as not to answer the designed, and righteous, and +beneficial purposes of government for a whole people; and +in such a case, it deserves no respect as an ordinance of +God, for it is then acting contrary to the will of God and +the necessity of society; and the injured and oppressed +people may justly rise in rebellion against such a government, +and overthrow it, if they can. But, let it be carefully +remembered, that any violent resistance is positive rebellion +against the government; and either that resistance must be +crushed, or the government must be overturned. There is +no middle way—there can be none. In such a case the +whole authority and power of the government come into +direct hostility and conflict with the violence which resists +the execution of Law; and government must crush that violence, +or that violence must crush the government. A government +is at an end, a nullity, when it cannot execute its +laws. Let it be carefully remembered also, that violent resistance +to Law cannot be justified, when there is no righteous +design to overthrow the government itself; for no man +owes a <i>half</i>-allegiance to government, or can commit a +<i>half</i>-high-treason; and besides, Law is too important and +delicate a thing to have its majesty trifled with, by the wicked +nonsense of a <i>half</i>-obedience. Let it be carefully remembered +also, that violent resistance to Law cannot be +justified, when there is no fair prospect of overthrowing the +government, and being able to establish a better one. To +justify violent resistance to the laws, it is not enough that +the government is unjust and its laws unrighteous; it is +necessary also, that there should be no good ground to hope +for a cessation of that unrighteousness in some peaceful +way, and that there should be a prospect of some good to be +gained by the resistance, which good shall be worth more +than all the labor, and treasure, and strife, and blood, which +the revolution shall cost. Let it be carefully remembered, +too, that violent resistance on any one point is rebellion on +every point, for "he that offendeth in one point is guilty of +all:" such resistance is opposition by force to one entire +government—is just a conflict with the powers that be; so +that any resisting individual or number of individuals who +commence a violent resistance on any one point, have cast +off their allegiance to the entire government, and stand in +the attitude of open and hostile rebellion.</p> + +<p>It may not be an easy thing to settle the right of rebellion—to +determine the question, when a people have a right +forcibly to resist the execution of regularly enacted Law. +But we <i>can</i> tell <i>something</i> about it. There are some things +perfectly clear on this point.</p> + +<p>1. To justify rebellion, (or what is the same thing, forcible +resistance of the laws,) a government must be so bad, as +to fail manifestly of its just end, that is, to promote the +happiness of the people. If it does promote that general +happiness, it answers the just end of government—it is a +good government, and ought not to be overthrown.</p> + +<p>2. To justify rebellion, the injustice or failure of a government +must be so great, that it cannot be endured,—so +great, that it will manifestly be better on the whole, to run +all the risks of a bloody conflict, of civil war, than to endure +the execution of the governmental laws.</p> + +<p>3. To justify rebellion, there must be little or no prospect +that the government can be peaceably altered, as ours may +be, or that the injustice or oppression of the government +can be made to cease by any peaceable means. Violence +against government, rebellion, civil war, are no small matters. +They bring horrid evils along with them. The injury +of government must be very great to justify the introduction +of such evils; and if the injury can be made to cease, +by any peaceable means and within any reasonable time, it +would be better to bear the injury for a while, than to involve +the nation in confusion and blood, with uncertainty as +to <i>the result</i>.—The last four years' experience of nations in +Europe may read us a lesson.</p> + +<p>A republic is different from a despotism. A nation where +a Constitution forming the foundation of Law, limiting its +enactments and establishing courts, is plainly written out in +language that everybody can understand,—where Constitution +and Law provide for their own amendment at the will of +the sovereign people expressed in a regular and solemn +manner,—where the will of the people thus governs, and +(for example,) there is no "taxation without representation,"—where +the elective franchise is free, and every man capable +of intelligently exercising the right may give his voice +for altering the Constitution or Law,—and where, therefore, +there can be no necessity of violently opposing the laws, and +no excuse for meanly evading them;—<i>such</i> a nation is very +differently conditioned from what it would be, if the will of +one man or of a few governed. In such a nation, rebellion, +or any evasion of Law, becomes a more serious moral evil. +Rebellion <i>there</i> can scarcely be called for; and it were difficult +to gauge the dimensions of its unrighteousness!</p> + +<p>4. To justify rebellion, it is necessary that there should be +a fair prospect of successful resistance—of an overthrow of +the government. If the resistance is not likely to be successful +for good, but is only likely to cost the lives of the +resisting individuals and others; then, such individuals are +sacrificing themselves and others for no good purpose,—which +is a thing that cannot be justified to reason or religion. +A man has no right to fling away his life for a mere sentiment, +and leave his wife a widow, or his gray-haired parents +without a son to solace them. There must be some fair +prospect of great good to come from it, before one can justly +fling his life into the scale, in a violent contest with the +government.</p> + +<p>5. To justify rebellion, there must be a fair prospect of the +firm <i>establishment of a letter government</i>, and the enactment +of more just laws, after the present government is +overturned. Nothing can justify a revolution, a conflict, a +waste of treasure and blood, which are not going <i>to gain +anything</i> in the end.—Again, the last four years' experience +of European nations may read us a lesson.</p> + +<p>6. To justify rebellion, or what is the same thing, violent +resistance to the execution of the laws, it is necessary that +something more than a <i>small fraction</i> of the people should +rise in such a resistance. If the people in general are ready +for it, and are willing to run all the hazards of a rebellious +conflict with the government, conscious that they have +righteousness and the God of righteousness on their side; +this is a very different affair from what it would be, if only +a minority of the people were ready for rebellion. Such a +minority have no right, on account of their deemed injuries, +to plunge the nation into a civil war, for the purpose of over-turning +a government which suits the great mass of the +people;—a civil war, in which there is every prospect, that +the government and the majority who aim to support it will +prevail; and prevailing, must crush their hostile opponents, +this hasty and reckless minority.</p> + +<p>These are some of the things which appear necessary, in +order to justify violent resistance of Law. They must <i>all</i> +exist, or such resistance would be criminal,—contrary to +reason, to benevolence, and to Christ.</p> + +<p>It is not a thing to be expected at all among mankind, +that all laws should be right, or "just and equal." Human +legislation must be expected to bear the marks of an imperfection, +which attaches itself to everything human. If obedience +to government were obligatory, only on the condition +that all the laws of that government are just; then, such +obedience would mean nothing at all, and every man would +be absolved from all allegiance to the government, and +from all obligations to obey. Such is man, so limited his +wisdom and so imperfect his holiness, that human laws must +necessarily be imperfect, and must, therefore, necessarily +operate hardly in some instances, upon more or less of the +people. It is impossible, that the thing should be otherwise—in +the very nature of the case, it is impossible. And if +every individual were allowed to be the judge in his own +case, whether or not the law operated so hardly upon him +that he might disobey; <i>then</i> his <i>obligation</i> to obedience +would mean just nothing at all, and Law would be nothing +more to him than mere advice. It might be very good advice, +but he might spurn it, if he chose. <i>I</i> may think it +hard and unjust upon myself, that, in the great "Empire +State," by a sort of "bill of attainder," (I know not what +else to call it,—I suppose I must not call it a <i>slave law</i>,) I am +prohibited from holding any "office of profit or trust," because +I <i>will preach</i> the gospel, and people will hear me;—but +notwithstanding this law, (which you will not allow me +to call by any hard name,) you think me under obligation +to obey the government,—and I think so too. I shall not +rebel.</p> + +<p>The <i>execution</i> of the Law also, must necessarily be imperfect, +for the same great reason—human imperfection: judges +and jurors are not infallible. But, what then? <i>God +knew all this</i> when he ordained human government, and +commanded us to be subject to it. Such government, with +all its unavoidable imperfection and errors, on the whole is +beneficial—indispensable—we could not do without it.—And +rarely, very rarely indeed, is there a single instance of +an individual man, here or beyond the Potomac, whom +Law has injured <i>more</i> than it has benefited. Even if that +Law unjustly takes away his liberty or his life, it may have +done him more good than injury; his liberty or his life +might have been sooner and more cruelly destroyed without +it. It would be hard to prove the contrary, in any one case +that ever existed or ever will, here or elsewhere.</p> + +<p>The best and wisest Laws ever enacted by man, or that +ever will be enacted by man, may sometimes operate hardly, +even destructively, upon some particular persons. An +innocent man may be accused of murder, tried, convicted, +and sentenced to ignominious execution. But, <i>what then</i>? +May this man, who <i>knows</i> his innocence, justly arm himself +with deadly weapons, and kill the officer who would execute +the sentence of the Law upon him,—and thus get out +of his hands? May this innocent man's neighbors, who +know his innocence as well as he, "<i>lawfully interpose their +own persons</i>" betwixt him and the officer of Law, and thus +rescue him?—and may they do this, because they have +decided for themselves, that this is not a case "<i>where the +administration of justice is concerned</i>?" If so, then all +Law and Government must soon come to an end, and anarchy, +mobs and confusion reign! If so, then each man +becomes really his own Lawmaker, and when <i>he thinks</i> the +Law unjust towards him, may resist it unto blood! If one +man is at liberty to "<i>be fully prepared for</i> his own defense," +and calling the legal officer an "assailant," or an +"assassin," may resist the execution of one law which he +deems hard upon him, then another man may do the same +thing in reference to another law; and the consequence +inevitably must be, that all Government, Law and security +are at end! If my neighbor may arm <i>himself</i>, and kill a +legal officer who attempts the discharge of his sworn duty; +then I may arm <i>myself</i> also, when I deem the Law unjust +to me, and kill another legal officer, who attempts to execute +the Law! And if all this may be, LAW is nothing +but a bugbear or a bubble—is a dead letter—and the texts +of God's word which we have just read to you may be disobeyed, +and ought to be blotted from the Bible!</p> + +<p>My brethren, this is a very solemn subject! No theme +of earth could be more so. All our earthly benefits, and +no small part of our spiritual privileges and hopes are +wrapped up in it. Religion <i>cannot</i> prosper, if Law is not +potential—if the minds of the people are to be perpetually +agitated, distracted and tormented, by confusion, fear and +uncertainty!</p> + +<hr style='width: 45%;' /> + +<p>I have stated these great principles, and made these general +remarks upon the subject presented in our texts, on account +of some recent teachings which have been put forth as +<i>religious</i>—put forth in <i>religious</i> publications, by <i>ministers</i> +of the gospel. I have no reference to mere politics—to +political papers or political parties, whig or democrat. I +have never entered into such matters: other things occupy +me. I have never given but one vote in any legal election, +during the eighteen years I have resided in the State since +I returned to it; and I never expect to give another. And +if principles opposite to those I have laid down in this sermon +were promulgated among us, only by politicians and +political parties and papers, I should not advert to them +here. I have always supposed, that some extravagant and +evil principles would be occasionally promulgated for party +purposes and political effect, and that the people very well +understand this, and therefore will not be led very far astray +by them. And whenever such evil principles have been +put forth in the name of religion, by men whose fanatical +phrensy contemned the Sabbath and other institutions of +God, (like some of our Northern fanatics, "men of one idea" +and not capable of two,) I have very seldom adverted to +them at all, but have supposed it best to leave them to be +counteracted by their own extravagance and by the character +of their advocates, and let them die by their own contemptibility. +But now, principles, contrary to the plain +meaning of the texts before us, come to our ears from some +more respectable quarters, and in the name of religion. I +should be a traitor to the high trust of this pulpit, if I did +not caution you against them. Forbearance and delicacy +must sometimes have limits. We owe duties to truth and +Christianity, which tenderness must not make us violate.</p> + +<p>The "New York Evangelical Congregational Association" +recently passed the following Resolution in respect to +the "Fugitive-Slave Law,"—a Law regularly enacted by +the Congress of the United States:—</p> + +<p>"Resolved, That we cannot recognize this Law, as of any +binding force upon the citizens of our country."—(I am +thankful that these modest men did not go on, like him of +the triple crown, to absolve "the citizens of our country" +from all allegiance to the government, and give our rulers +over into the hands of a majesty fit to take care of them.)</p> + +<p>A <i>religious</i> paper, edited by Congregational clergymen, +holding respectable stations, Pastors of churches,—a paper +professedly devoted to the cause of Christ,—holds the following +language in an <i>Editorial</i> article, under the caption, +"How to oppose the Fugitive-Slave Law":—</p> + +<p>This <i>religious</i> paper says,—"To the fugitives themselves ... +this Law is no Law ... and to resist it even unto +death, is their right, and it may be their duty.... To +each <i>individual</i> fugitive, to every man or woman, who +having escaped from bondage and tasted liberty, is in hourly +peril of being seized and dragged back to slavery, we +say,—Be fully prepared for your own defense. If to you +death seems better than slavery, then refuse not to die—whether +on the way-side, at your own threshold, or even as +a felon upon the gallows. Defend your liberty and the +liberty of your wife and children, as you would defend your +life and theirs against the assassin. If you die thus, you +die nobly, and your blood shall be the redemption of your +race. Should you destroy the life of your assailant, you will +pass into the custody of the criminal Law ... under +an indictment for murder; but the verdict of the community, +and the verdict of almost any jury will be, justifiable +homicide in self-defense.... Or should a different verdict +be found, and you be condemned to die as a murderer, +your ignominious death shall be luminous with the halo of +a martyr, and your sacrifice shall be for the deliverance of +your people."</p> + +<p>Such are the <i>religious</i> principles, and such is the <i>religious</i> +advice of these <i>religious</i> ministers!</p> + +<p>I am sorry to see this. <i>I never read more wicked and +abominable principles!</i> They deserve not only the reprehension +of every Christian, but the entire indignation of <i>all +civilized mankind</i>! They advise private arming with +bloody weapons—they advise violent resistance and murder—the +murder of officers of civil Law engaged in the discharge +of the duty which they have sworn to perform! I +have no words to express my abhorrence of these wicked +and outrageous sentiments, so directly contrary to the whole +nature of all civilized society, to the precepts of the Bible, +and the whole spirit of Christianity! I speak not of the +<i>men</i>. Good men may err. But these principles, which +these ministers have published as religious ones, are horribly +and outrageously wicked!</p> + +<p>There are other things in this religious paper, which we +think are calculated to do immense mischief. This editorial +article "would utter its remonstrance against all violent resistance +to the execution of the Law." Indeed! Very +quiet and peaceful, after having talked about being "fully +prepared for defense"—about death "on the wayside, at +the threshold and on the gallows"—about "murder," and +about "martyrdom." Away with such morality! aiming +at one thing and professing another!—"If one sees a fellow +man struggling with his captors,... he may lawfully +interpose his own person between the parties and separate +them." Away with such morality! encouraging people to +"act a lie," by opposing Law while professing to obey it! +And this species of morality is virtually commended to the +jury-box; and its inmates are furnished in advance with a +verdict here prepared for their use—"justifiable homicide +in self-defense"! Away with such morality! encouraging +a juror to violate his oath, by disregarding the Law, which +he has just sworn to his country and to his God, shall govern +his verdict! and encouraging a fugitive to expect him +to do so!—We may yet see whether the jurymen of our +country will regard their oath, or will follow the religious +counsel of this religious paper.</p> + +<p>I am not justifying slavery. I am pleading obedience to +the texts before me. Slavery may be wrong. Be it so; +there is still a <i>righteous</i> method to get rid of it. But if +slavery <i>is</i> wrong, that does not make violence and murder +<i>right</i>.</p> + +<p>I am not justifying the fugitive-slave Law. It may be +wrong: it may be unwise and unconstitutional. I think +that any wise and modest man would hesitate much to pronounce +it unconstitutional, after its enactment by a body of +men who <i>aimed</i> to abide by the constitution, and who +studied the matter most intensely, with every opportunity +for information and with minds trained for years in the +depths of legal science. But, be it wrong—be it unwise +and unconstitutional; there are civil courts to decide upon +its constitutionality, and no man has <i>any right</i> to decide for +<i>himself</i> that it is unconstitutional, and act upon that decision: +if he had such a right, then every man would be his +own Lawmaker, and public Constitution and Law would be +nothing but a bugbear or a bubble! Be it wrong; there is +a peaceful, prescribed way of amending both Law and +Constitution,—and a wrong in the Law does not make false-swearing +by the juryman and murder by the fugitive +<i>right</i>!</p> + +<p>It is a most marvellous thing, what a number of clergymen +north of Mason and Dixon's line, have, all of a sudden, +become such great <i>Constitutional lawyers</i>! Never before +was anything like it! It is a modern miracle! A decision +upon a great constitutional question is nothing to them! +How amazingly these profound legalists, these clergyman +jurists, would adorn the high courts of the country if they +would only consent to take their seat upon the bench! The +Judges of the United States Supreme Court ought to be +thankful, that these clergymen Judges have done their duty +for them in advance, deciding the law to be unconstitutional +and no more is to be done! Benevolent men, these clergymen! +Some have done the duty of the jurors for them and +others the duty of the judges—the verdict and the decision +are both recorded! yea indeed, in advance, and without +pay!</p> + +<p>But seriously, it were far better, that these clergymen +should attend to their own appropriate duties to which +their Master has bidden them, than to be engaged in fostering +excitements among their people, which <i>never can</i> result +in any good, civil or religious. If we shall have the rebellion, +disunion, and civil war, to which these evil principles +and these excitements tend, the guilt of such clergymen +will not be small! I would not have their accountability +for all the gold of Ophir!</p> + +<p>But it is not all the clergymen of this part of the country, +nor the most of them, nor the half of them, who have +turned Constitutional lawyers, or turned law opposers. I +hesitate not to say, it is only a small minority, and those in +general who are not entitled to the most respect for erudition, +sense, or excellence of character. The (New School) +Synod of New York and New Jersey, as respectable a body +of ministers and elders as is to be found in the Presbyterian +Church, at their late meeting in this city, had good sense +enough, and good religion enough, to "leave the constitutionality +of the recent enactment" (the Fugitive Slave Law) +"to be adjudicated by the civil tribunals of the country." +They deserve the thanks of the country and of all mankind. +The solid sense and real religion of the land will respect +their decision.</p> + +<p>I have nothing to do with politics or party. I am only +insisting upon religious obedience to Law. I am preaching +the texts before me. Such obedience is a religious duty. +It is the will of God. I appeal to the texts. They proclaim +the Law of God. Peaceful subjection to government <i>is</i> his +law; and men are guilty of sophistry and falsehood, when, +to excuse wicked evasion of Law or violent resistance, they +pretend to appeal to what they call "the higher laws of +God." <i>There are no such higher laws.</i> The texts before +me are his law. If one man has a moral right, either cunningly +to evade or openly to violate Law, under such pleading, +then another man has the same right to violate <i>another</i> +Law; and thus any villainy on earth may be perpetrated under +the sacred names of "conscience," and "the higher laws +of God!" Nothing is <i>safe</i> in the hands of men of such +principles. These principles undermine the foundations <i>of +all society among men</i>! As I told you last Wednesday +evening in my lecture, the question before the country is <i>not</i>, +(as the deceivers pretend,) whether God's laws are not higher +than man's, or whether God's laws are to be obeyed. Nobody +disputes either of these things. Nobody ever did. +But the question is, whether it is the will of God that men +should submit to the laws of the land, or aim to paralyze +law, cheat it, cripple it, resist it, and thus overthrow the +government of the country—a government at this moment +more beneficial than any other that ever existed.</p> + +<p>Nor is it true, that the fugitive slave is made an "outlaw," +and on <i>that</i> ground justifiable for bloody and murderous +resistance of Law. He is under the protection of Law; and +if any man injures him or kills him, the Law will avenge +him, just as soon as it would you or me. He is <i>not</i> made +an outlaw: common sense knows better.</p> + +<p>The matter before us is a very serious matter. The +wicked principles of which I have spoken, disguise it as you +will, tend directly to anarchy, confusion, and civil war! +The question <i>is not</i>, whether slavery is right, or the Fugitive +Slave Law right. It draws deeper. The question is, shall +Law be put in force, and the government of the country +stand; or shall Law be resisted, and the government of the +country disobeyed, and the nation plunged into all the horrors +of civil war? If Law cannot be executed, it is time to +write the epitaph of your country!</p> + +<p>Suffer me to utter a few words of earnest counsel to you, +my beloved people.</p> + +<p> 1. Beware of the influence of <i>mere feeling</i> on this serious +subject. Your feelings may be with the slave,—so are mine, +so are those of most of the Southern people. We all want +men to be free; and <i>no more</i> do we want it now, than did +the inhabitants of this country before we were born: the +extravagant fanaticism and noisy zeal of the Northern abolitionists +have not increased the sentiment of the country in +favour of freedom a single item. But what can we <i>do</i>? +This is a very grave and difficult subject. One thing is +certain,—the perpetual abuse of our Southern brethren, violence, +disunion, and bloody murder will do us no good,—whether +we are bondmen or freemen. And when we think +on this subject, let us aim to be cool, unimpassioned, deliberate, +and give reason and religion their just influence over +us.</p> + +<p> 2. Beware of prejudice. Do not make up your mind +hastily, and under the impulses of mere feeling, without +any just and extensive information. Study the matter +calmly, extensively, and on all sides and aspects of it.</p> + +<p> 3. Study it <i>religiously</i>. Keep it, in your mind, aloof from +all the excitements and influences of party and party spirit. +Let me say to you, my beloved people, study it on your +knees, in earnest prayer to God. Learn your duty from +God's word, praying in the Holy Ghost.</p> + +<p> 4. Aim to cultivate the entire spirit of your Lord and +Master, Jesus Christ. Feel as he felt. Act as he acted. +Pray as he prayed. Seek the <i>salvation</i> of sinners, as he +sought it,—evidently putting more value upon <i>that</i> for every +dying son of Adam, than upon all things earthly. Oh remember, +you <i>will be the best citizens, just when you are the +best Christians</i>;—and I do believe in my heart, you will do +most earthly good to your fellow-men, just when you do +them most spiritual good,—leading them, by example, by +precept, and prayer, to "seek <i>first</i> the kingdom of God."</p> + +<p> 5. Be obedient to the laws of your land. Do not resist +these <i>ordinances of God</i>. Stand by the Constitution of your +country. If that die, <i>the most</i> of your happiness and your +hopes die with it!—yea, it would be a calamity to the civilized +world! Christianity herself would be hindered a whole +century in her march! Respect your rulers. Frown indignantly +upon the low and vile abuse now heaped so liberally +upon the great men of your country. Be peaceful Citizens. +Be a <i>law-abiding people</i>, with all your sentiments opposed +to violence, bloodshed, and confusion; and aim to allay all +the excited and angry feelings that may come up around +you.</p> + +<p>Finally; have your hope and your trust in God. Men +women, and children, I beseech every one of you to beware +of the spirit of worldliness, and the excitements of worldly +subjects and interests; and let not such interests and subjects +prevent your conversion to Christ, your holiness and +eternal salvation. Pray for yourselves, your children, your +rulers; and let your prayerful and humble trust in God hold +you safe, amid all the agitations of a world that you must +soon leave for another. God grant it to you, through Jesus +Christ our Saviour. Amen.</p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Religious Duty of Obedience to Law +by Ichabod S. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Religious Duty of Obedience to Law + A Sermon by Ichabod S. Spencer Preached In The Second Presbyterian + Church In Brooklyn, Nov. 24, 1850 + + +Author: Ichabod S. Spencer + +Release Date: November 9, 2004 [EBook #13988] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK OBEDIENCE TO LAW *** + + + + +Produced by Curtis Weyant, Andrea Ball and the Online Distributed +Proofreading Team. + + + + + + + +FUGITIVE SLAVE LAW. + +THE + +Religious Duty + +OF + +OBEDIENCE TO LAW: + +A + +SERMON, + +Preached in the Second Presbyterian Church + +IN BROOKLYN, NOV. 24, 1850. + +BY ICHABOD S. SPENCER, D.D. + +NEW YORK: PUBLISHED BY M.W. DODD, +BRICK CHURCH CHAPEL, CITY HALL SQUARE, +OPPOSITE THE CITY HALL. +1850. + + + + +TO THE REV. DR. SPENCER: + +The undersigned having listened, with much pleasure and as we hope +profit, to the Sermon which you delivered yesterday morning, most +respectfully request a copy of the same for publication, believing +that much good may be done to the cause of Religion and Law, by the +dissemination of the truths expressed therein. + +Brooklyn, Monday, Nov, 25, 1850. + +JASPER CORNING, +FRANCIS H. ABBOTT, +LEBBEUS CHAPMAN, +F. DEMING, +GEORGE A. TALBOT, +A.M. FENBY, +THOMAS COCHRAN, +WM. BARBOUR, +J.B. WICKHAM, +SAMUEL HUTCHINSON, +WM. H. AMES, +L. HOPKINS, +JARVIS BRUSH, +S.N. BROWN, +GEORGE P. LORD, +H.K. CORNING, +THOS. BAYLIS, +W.K. BROWN, +M.S. GOODMAN, +JAS. WILDE, JR., +GEO. A. TOWNSEND, +DAVID B. BAYLIS, +HENRY W. BARNES, +ELI MERRILL, +W.M. SANDS, +ISAAC OTIS, +ALANSON TRASK, +CHARLES CLARK, +JOHN T. LAWRENCE, +A.S. MARVIN, +WM. M. HARRIS, +R.R. FIELD, +SAMUEL T. HUBBARD, +RICHARD W. HUBBARD, +A.G. TRASK, +JOHN H. PRENTICE, +WALDO HUTCHINS, +E.L. BUSHNELL, +SUMNER STONE, +JOSEPH STEELE, +JAS. McLEAN, +J.C. MEEKER, +J.S. PIERSON, +A.G. JENNINGS, JR., +B.W. DELAMATER, +W. SPENCER, +J.C. DURYEA, +A. CRITTENDEN, +HENRY ROWLAND, +WM. BULLARD, +JN. BULLARD, JR. + + * * * * * + +To JASPER CORNING, Esq., AND OTHERS: + +GENTLEMEN--The sermon which you have requested, prepared without a +single thought of its publication, and amid a pressure of other +duties, I submit to your disposal;--governed more by your judgment +than my own, in reference to its fitness for the press. + +Yours, very truly, +I.S. SPENCER. + +Brooklyn, Nov. 26, 1850. + + + + +SERMON. + + + Titus, III. 1. Put them in mind to be subject to + principalities and powers to obey magistrates, to be ready + for every good work. + + Ro. xiii. 1-7. Let every soul be subject unto the higher + powers. For there is no power but of God, the powers that be, + are ordained of God. Whosoever, therefore, resisteth the + power, resisteth the ordinance of God, and they that resist + shall receive to themselves damnation: (harm, loss, or ruin). + For rulers are not a terror to good works, but to the evil. + Wilt thou then not be afraid of the power? do that which is + good and thou shalt have praise of the same: for he is the + minister of God to thee for good. But if thou do that which + is evil, be afraid; for he beareth not the sword in vain: for + he is the minister of God, a revenger to execute wrath upon + him that doeth evil. Wherefore ye must needs be subject, not + only for wrath, but also for conscience' sake. For, for this + cause pay ye tribute also, for they are God's ministers, + attending continually upon this very thing. Render therefore + to all their dues: tribute to whom tribute is due; custom to + whom custom; fear to whom fear; honor to whom honor. + + +There are two great classes of human duty. One of them embraces +duties which we owe to God, the other embraces duties which we owe +to men. + +This classification of duties received the sanction of Jesus Christ, +when he spake of _loving the Lord our God with all our heart_, as +the spirit and sum of the one class of duties, and of _loving our +neighbor as ourselves_, as the spirit and sum of the other class of +duties. It had also been previously taught at Mount Sinai, when God +gave to Moses the two tables of the law--the one enjoining our duty +to God, the other enjoining our duty to man. + +This classification of duties is not arbitrary. It is founded on +truth and nature. Men have relations to God, as their Creator, +Upholder, Governor, Redeemer, and rightful Judge; and they are bound +to recognize these relations, and feel and act accordingly. Men hold +relations to one another, as parents, children, citizens, rulers, +and subjects; and they are bound to recognize these relations, and +feel and act accordingly. Such is the will of God. Such is the law +of God. There can be no holiness in man aside from conformity to the +will of God in this thing. + +This principle is carried out in all the teachings of the New +Testament, with an emphasis and a plainness which no candid and +unprejudiced mind can fail to understand. Jesus Christ has +incorporated it into his sermon on the mount in many particulars, +wherein he insists upon our social duties, while he teaches +religion. He preached this principle when he said, "render unto +Caesar the things that are Caesar's, and unto God the things that +are God's." He practised on this principle when he made the fish +bring in his mouth the tribute-money which, as a citizen, he owed to +the government of the country,--a government a thousandfold more +oppressive than ours. + +It would be a fundamental error, if we were to maintain, that +_religion_ has nothing to do with the regulation of our conduct +towards one another,--as parents, as children, as magistrates, +subjects and citizens; but that it has left all that field of duty +to be regulated by the individual preferences of men. It has not +done so. Social duties come as really within the field of +_religious_ obligation, as any other duties. "The fifth commandment +requireth the preserving the honor and performing the duties +belonging to every one in their several places and relations, as +superiors, inferiors, and equals." As men, in any relationship we +hold, neighbors, citizens of the state, children, parents, or any +other earthly connection, religion extends its authority over us; +and our conduct in each one of these relationships constitutes a +part of our holiness or our sin. + +God has not seen fit to enact special or particular laws for us, to +regulate our conduct in all respects, as here associated with one +another, and owing duties to one another, as neighbors, citizens of +the commonwealth, husbands, wives, and children. He has himself +enacted only _general_ laws for us,--laid down great general +principles, under the authority and light of which, he has left men +to regulate the particulars as they please, by the governments which +they establish.--only not contravening his great general principles +and laws. + +He has himself made _all_ the laws which are needful, and all +which can be justly obligatory upon us in respect to _divine +worship_,--such duties as praise, prayer, preaching the gospel, and +observing the sacramental ordinances;--and no human authority may +either repeal these laws or add to them. But in respect to the +duties which we owe to our neighbor, that is, to our fellow-man, in +any relation he holds to us or can ever hold; God has left the most +of these duties to the authoritative decision of human governments. +He has thus made a difference betwixt these two classes of duties. +The reason for this difference seems to be this; namely, man's +wisdom can reach farther in ascertaining what is fit or right +betwixt him and his fellow-man, than in ascertaining what is fit or +right betwixt him and his God: and consequently, man can legislate +in respect to property, and other matters of human right, but not in +respect to prayer, and other matters of the first class of duties. +Moreover, in respect to worship, God is himself one of the parties. +The parties are not man and man, as they are in all social duties; +but they are man and God:--and therefore, it would seem but fit and +natural, that God should legislate _exclusively_ in respect to the +duties which we owe to _Him_, and more specifically, than in respect +to the duties which we owe to one another. Hence, we find it so. +Explicit divine law regulates all the _particulars_ of the one class +of duties; the _particulars_ of the other class of duties are left +to human law, or the regulations of human society. + +But this latter class of duties, that is, our social duties, are +_not left_ to the _individual_ judgment or independent choice of +men, in such a sense, that they may obey or disobey human government +just as they please. Not in the least. Human government is by the +divine will. Obedience to it is obligatory upon men, by the will and +law of God. St. Paul directing Titus how to preach, (and therefore +directing all ministers of the gospel who come after him,) says to +him, "Put them in mind to be subject to principalities and powers, +to obey magistrates:" and I am doing it in this sermon. Human +government is of divine authority, not the _kind_, but the fact. And +consequently, our action about human government, our obedience to +it, and our disobedience, are as much matters of religion, and +coming under its authority and obligation, as are any other matters. +If religion had nothing to do with them, I would have nothing to do +with them here. But it _has_ something to do with them. Human +government is a divine ordinance. It is of divine authority. It is +_not_ a thing of mere human authority. Our _religion_, therefore, +our holiness and final salvation are concerned in our sentiments, +principles, and conduct in reference to human government. If God +_has_ left to men the choice of the _kind_ of government they will +have, he has _not_ left it to their choice whether they will _obey_ +human government or not. He has commanded that obedience. Human +government and law are by the will of God. This is a religious +principle. And almost the entire sum of our second class of duties, +by the will of God, lies under the regulation of human government. +God has himself legislated in respect to the other class of duties. +Human government is founded on the revealed will of God. + +The different expressions contained in the texts which we have just +read in your hearing, place this principle beyond all controversy. +Glance at them again. "Put them in mind to be subject to +principalities and powers, to obey magistrates." (I am doing so--I +am preaching gospel this morning.) "Let every soul be subject unto +the higher powers. For there is no power but _of God_. The powers +that be, are ordained _of God_. Whosoever, therefore, resisteth the +power, resisteth the ordinance _of God_. Rulers are not a terror to +good works, but to the evil. Do that which is good, and thou shalt +have praise of the same, for he is a minister _of God_ to thee for +good." We are commanded to be "subject for conscience' sake." +Magistrates "are God's ministers."--What could be plainer?--This is +_religion_: not politics, but religion. Human government is +"ordained of God." Magistrates are "ministers of God," to whom men +are commanded to be "subject for conscience' sake." + +This, therefore, settles the principle, on which obedience to human +government is the religious duty of men. There may be a point where +that obedience may justly stop, (a matter which we shall consider +soon;) but the great principle before us now is an important one, +namely, that human government and Law are things which exist by the +will of God, and men are bound to submit to them on that high +ground. This is the general rule. This is a _religious_ duty; +whatever exceptions we may be able to find sometimes, among the +diversities of human Law and human condition under it,--or when +human Law would interfere with the first class of our duties, which +God does not allow it to do. "The powers that be, are ordained of +God." + +Let it, therefore, be carefully noticed, that no man or body of men +has any right to say, that they will be without government, without +Law, or that religion has nothing to do with the question of their +civil obedience to Law. Such obedience must _be a part_ of their +religion, or they cannot be Christians. It is a part of the _will +and ordinance_ of God. + +Among politicians and statesmen, the idea of what they call "the +social compact" is a very familiar idea, and sometimes figures +largely. They mean by this, that there exists between the different +members of every civilized and orderly community, a tacit "compact" +or agreement, by which each individual tacitly or impliedly consents +to surrender some of his natural rights into the hands of the +community in general, or the hands of its government, in order to +have the power of the community in general, or power of its +government protect him in the enjoyment of others of his rights. +Thus, they tell us, that each man receives a benefit from the power +of society or government, which he could not secure by his +individual power, and receives it in return for the individual +natural rights, which he surrenders to the general society or +government: so that, on the whole, this "compact" between him and +the body politic is beneficial to him. For example, he might not be +able to defend his farm from the violence of unjust men, who might +deprive him of it; and so he procures the aid of civil government to +defend it for him, and in return for this benefit he consents that +his farm shall be taxed, and consents also to forego his personal +right to defend it himself in any manner he could, and let the +government defend it for him in their own way. So of all other civil +provisions, rights and duties under the civil government. +Politicians are accustomed to refer them all to "the social +compact." + +I do not complain of this idea of a "social compact," when the idea +is presented merely as a justification of government, or as an +_explanation_ of the propriety, necessity and equity of Law. But +when it is presented as _the foundation_ on which civil government +reposes, though it may satisfy a citizen, it ought not at all to +satisfy a Christian. The truth is, there is no such "social +compact." The idea is only a fancy. Human government is not founded +on any such "social compact" at all. It either exists by force, or +it is founded on the will of God, in every case. Its _just_ +foundation is the will of God. And when men are submitting to human +government, they are not to consider themselves as merely carrying +out the implied conditions of a "social compact;" but their duty is, +to consider themselves as submitting to an _ordinance_ of their God +and Maker. Human government is of a more high and sacred and solemn +character, than the mere idea of a "social compact" would make it. +God has something to do with it--much to do with it. His will is the +solid foundation on which it rests, (even though at first it may +have been established by force,) and every man is religiously bound +to regulate his obedience or disobedience to human government on +this divinely revealed principle. "The social compact" may be a very +good idea to employ for convincing an infidel in respect to the +right of Law; but it is too low and loose an idea for a Christian; +it falls far below the truth, and below the just solemnity of +obligation. + +The _necessity_ of human Law results very much, if not entirely, +from the injustice of mankind. In no age since the fall of Adam, has +any considerable body of men been found so just and upright, that +civil Law could be dispensed with. The bad would do injustice to the +good, if it were not for Law, and those magistrates appointed by +Law, who are "a terror to evil doers." Conscience is not effective +in the breast of every sinner, and therefore Law must come in, to +hinder that injustice, which, without it, would not be hindered by +individual conscience, and to compel that righteousness which, +without it, individual conscience would fail to enforce. As +individual conscience becomes more stringent, civil Law may become +more lax. If men would be just towards one another of themselves, +there would be no necessity of human Law, to compel them to abstain +from injury and to perform their duties to one another. + +Consequently, Law is a friend to the human race. It is the protector +of the good man; and it punishes the bad man, only for the purpose +of securing rights,--property, liberty and life. And even the bad +would be worse off a thousand fold than they are, if there were no +efficient Law to restrain them by its authority and sanctions. + +The _importance_ of civil Law is vastly great. Its importance can +scarcely be exaggerated by any representation. The most of our +earthly happiness lies under the protection of human Law, and lies +there by the will of God. We have not an item of property, in land, +or houses, or goods, or chattels, or money, which the Law does not +guard for us; and we have very little indeed, which we could +effectually guard for ourselves. If this protecting, guarding Law is +not enforced,--if the Law is obstructed, or crippled, or baffled, or +violently set at naught; then, the security of civilized society is +gone, and our property, our liberty, our rights, privileges and +life, just lie at the mercy of every unjust man, and any violent and +excited band of the wicked!--So important to us is the potential +dominion and regular administration of Law. + +Moreover our very rights in religion, our privilege to have the word +of God and read it, to worship God according to the dictates of our +own conscience, to preach the gospel and hear it, are rights and +privileges, which, in this unjust world, we could not enjoy for a +single year, aside from the protection and potential administration +of human government. + +If this human government, the government of Law, cannot be +maintained, therefore, there is nothing on earth valuable to us, +which is secure for a single hour! If the Law cannot be enforced, +then government is at an end and anarchy reigns, and all is +confusion, uncertainty, and violence! Order, civilization, +Christianity is not safe! + +There is indeed a _limit_ to the obedience due to human government. +Such government may become, and sometimes does become, so unjust, +oppressive, tyrannical, and cruel, as not to answer the designed, +and righteous, and beneficial purposes of government for a whole +people; and in such a case, it deserves no respect as an ordinance +of God, for it is then acting contrary to the will of God and the +necessity of society; and the injured and oppressed people may +justly rise in rebellion against such a government, and overthrow +it, if they can. But, let it be carefully remembered, that any +violent resistance is positive rebellion against the government; and +either that resistance must be crushed, or the government must be +overturned. There is no middle way--there can be none. In such a +case the whole authority and power of the government come into +direct hostility and conflict with the violence which resists the +execution of Law; and government must crush that violence, or that +violence must crush the government. A government is at an end, a +nullity, when it cannot execute its laws. Let it be carefully +remembered also, that violent resistance to Law cannot be justified, +when there is no righteous design to overthrow the government +itself; for no man owes a _half_-allegiance to government, or can +commit a _half_-high-treason; and besides, Law is too important and +delicate a thing to have its majesty trifled with, by the wicked +nonsense of a _half_-obedience. Let it be carefully remembered also, +that violent resistance to Law cannot be justified, when there is no +fair prospect of overthrowing the government, and being able to +establish a better one. To justify violent resistance to the laws, +it is not enough that the government is unjust and its laws +unrighteous; it is necessary also, that there should be no good +ground to hope for a cessation of that unrighteousness in some +peaceful way, and that there should be a prospect of some good to be +gained by the resistance, which good shall be worth more than all +the labor, and treasure, and strife, and blood, which the revolution +shall cost. Let it be carefully remembered, too, that violent +resistance on any one point is rebellion on every point, for "he +that offendeth in one point is guilty of all:" such resistance is +opposition by force to one entire government--is just a conflict +with the powers that be; so that any resisting individual or number +of individuals who commence a violent resistance on any one point, +have cast off their allegiance to the entire government, and stand +in the attitude of open and hostile rebellion. + +It may not be an easy thing to settle the right of rebellion--to +determine the question, when a people have a right forcibly to +resist the execution of regularly enacted Law. But we _can_ tell +_something_ about it. There are some things perfectly clear on this +point. + +1. To justify rebellion, (or what is the same thing, forcible +resistance of the laws,) a government must be so bad, as to fail +manifestly of its just end, that is, to promote the happiness of the +people. If it does promote that general happiness, it answers the +just end of government--it is a good government, and ought not to be +overthrown. + +2. To justify rebellion, the injustice or failure of a government +must be so great, that it cannot be endured,--so great, that it will +manifestly be better on the whole, to run all the risks of a bloody +conflict, of civil war, than to endure the execution of the +governmental laws. + +3. To justify rebellion, there must be little or no prospect that +the government can be peaceably altered, as ours may be, or that the +injustice or oppression of the government can be made to cease by +any peaceable means. Violence against government, rebellion, civil +war, are no small matters. They bring horrid evils along with them. +The injury of government must be very great to justify the +introduction of such evils; and if the injury can be made to cease, +by any peaceable means and within any reasonable time, it would be +better to bear the injury for a while, than to involve the nation in +confusion and blood, with uncertainty as to _the result_.--The last +four years' experience of nations in Europe may read us a lesson. + +A republic is different from a despotism. A nation where a +Constitution forming the foundation of Law, limiting its enactments +and establishing courts, is plainly written out in language that +everybody can understand,--where Constitution and Law provide for +their own amendment at the will of the sovereign people expressed in +a regular and solemn manner,--where the will of the people thus +governs, and (for example,) there is no "taxation without +representation,"--where the elective franchise is free, and every +man capable of intelligently exercising the right may give his voice +for altering the Constitution or Law,--and where, therefore, there +can be no necessity of violently opposing the laws, and no excuse +for meanly evading them;--_such_ a nation is very differently +conditioned from what it would be, if the will of one man or of a +few governed. In such a nation, rebellion, or any evasion of Law, +becomes a more serious moral evil. Rebellion _there_ can scarcely be +called for; and it were difficult to gauge the dimensions of its +unrighteousness! + +4. To justify rebellion, it is necessary that there should be a fair +prospect of successful resistance--of an overthrow of the +government. If the resistance is not likely to be successful for +good, but is only likely to cost the lives of the resisting +individuals and others; then, such individuals are sacrificing +themselves and others for no good purpose,--which is a thing that +cannot be justified to reason or religion. A man has no right to +fling away his life for a mere sentiment, and leave his wife a +widow, or his gray-haired parents without a son to solace them. +There must be some fair prospect of great good to come from it, +before one can justly fling his life into the scale, in a violent +contest with the government. + +5. To justify rebellion, there must be a fair prospect of the firm +_establishment of a letter government_, and the enactment of more +just laws, after the present government is overturned. Nothing can +justify a revolution, a conflict, a waste of treasure and blood, +which are not going _to gain anything_ in the end.--Again, the last +four years' experience of European nations may read us a lesson. + +6. To justify rebellion, or what is the same thing, violent +resistance to the execution of the laws, it is necessary that +something more than a _small fraction_ of the people should rise in +such a resistance. If the people in general are ready for it, and +are willing to run all the hazards of a rebellious conflict with the +government, conscious that they have righteousness and the God of +righteousness on their side; this is a very different affair from +what it would be, if only a minority of the people were ready for +rebellion. Such a minority have no right, on account of their deemed +injuries, to plunge the nation into a civil war, for the purpose of +over-turning a government which suits the great mass of the +people;--a civil war, in which there is every prospect, that the +government and the majority who aim to support it will prevail; and +prevailing, must crush their hostile opponents, this hasty and +reckless minority. + +These are some of the things which appear necessary, in order to +justify violent resistance of Law. They must _all_ exist, or such +resistance would be criminal,--contrary to reason, to benevolence, +and to Christ. + +It is not a thing to be expected at all among mankind, that all laws +should be right, or "just and equal." Human legislation must be +expected to bear the marks of an imperfection, which attaches itself +to everything human. If obedience to government were obligatory, +only on the condition that all the laws of that government are just; +then, such obedience would mean nothing at all, and every man would +be absolved from all allegiance to the government, and from all +obligations to obey. Such is man, so limited his wisdom and so +imperfect his holiness, that human laws must necessarily be +imperfect, and must, therefore, necessarily operate hardly in some +instances, upon more or less of the people. It is impossible, that +the thing should be otherwise--in the very nature of the case, it is +impossible. And if every individual were allowed to be the judge in +his own case, whether or not the law operated so hardly upon him +that he might disobey; _then_ his _obligation_ to obedience would +mean just nothing at all, and Law would be nothing more to him than +mere advice. It might be very good advice, but he might spurn it, if +he chose. _I_ may think it hard and unjust upon myself, that, in the +great "Empire State," by a sort of "bill of attainder," (I know not +what else to call it,--I suppose I must not call it a _slave law_,) +I am prohibited from holding any "office of profit or trust," +because I _will preach_ the gospel, and people will hear me;--but +notwithstanding this law, (which you will not allow me to call by +any hard name,) you think me under obligation to obey the +government,--and I think so too. I shall not rebel. + +The _execution_ of the Law also, must necessarily be imperfect, for +the same great reason--human imperfection: judges and jurors are not +infallible. But, what then? _God knew all this_ when he ordained +human government, and commanded us to be subject to it. Such +government, with all its unavoidable imperfection and errors, on the +whole is beneficial--indispensable--we could not do without it.--And +rarely, very rarely indeed, is there a single instance of an +individual man, here or beyond the Potomac, whom Law has injured +_more_ than it has benefited. Even if that Law unjustly takes away +his liberty or his life, it may have done him more good than injury; +his liberty or his life might have been sooner and more cruelly +destroyed without it. It would be hard to prove the contrary, in any +one case that ever existed or ever will, here or elsewhere. + +The best and wisest Laws ever enacted by man, or that ever will be +enacted by man, may sometimes operate hardly, even destructively, +upon some particular persons. An innocent man may be accused of +murder, tried, convicted, and sentenced to ignominious execution. +But, _what then_? May this man, who _knows_ his innocence, justly +arm himself with deadly weapons, and kill the officer who would +execute the sentence of the Law upon him,--and thus get out of his +hands? May this innocent man's neighbors, who know his innocence as +well as he, "_lawfully interpose their own persons_" betwixt him and +the officer of Law, and thus rescue him?--and may they do this, +because they have decided for themselves, that this is not a case +"_where the administration of justice is concerned_?" If so, then +all Law and Government must soon come to an end, and anarchy, mobs +and confusion reign! If so, then each man becomes really his own +Lawmaker, and when _he thinks_ the Law unjust towards him, may +resist it unto blood! If one man is at liberty to "_be fully +prepared for_ his own defense," and calling the legal officer an +"assailant," or an "assassin," may resist the execution of one law +which he deems hard upon him, then another man may do the same thing +in reference to another law; and the consequence inevitably must be, +that all Government, Law and security are at end! If my neighbor may +arm _himself_, and kill a legal officer who attempts the discharge +of his sworn duty; then I may arm _myself_ also, when I deem the Law +unjust to me, and kill another legal officer, who attempts to +execute the Law! And if all this may be, LAW is nothing but a +bugbear or a bubble--is a dead letter--and the texts of God's word +which we have just read to you may be disobeyed, and ought to be +blotted from the Bible! + +My brethren, this is a very solemn subject! No theme of earth could +be more so. All our earthly benefits, and no small part of our +spiritual privileges and hopes are wrapped up in it. Religion +_cannot_ prosper, if Law is not potential--if the minds of the +people are to be perpetually agitated, distracted and tormented, by +confusion, fear and uncertainty! + + * * * * * + +I have stated these great principles, and made these general +remarks upon the subject presented in our texts, on account of some +recent teachings which have been put forth as _religious_--put forth +in _religious_ publications, by _ministers_ of the gospel. I have no +reference to mere politics--to political papers or political +parties, whig or democrat. I have never entered into such matters: +other things occupy me. I have never given but one vote in any legal +election, during the eighteen years I have resided in the State +since I returned to it; and I never expect to give another. And if +principles opposite to those I have laid down in this sermon were +promulgated among us, only by politicians and political parties and +papers, I should not advert to them here. I have always supposed, +that some extravagant and evil principles would be occasionally +promulgated for party purposes and political effect, and that the +people very well understand this, and therefore will not be led very +far astray by them. And whenever such evil principles have been put +forth in the name of religion, by men whose fanatical phrensy +contemned the Sabbath and other institutions of God, (like some of +our Northern fanatics, "men of one idea" and not capable of two,) I +have very seldom adverted to them at all, but have supposed it best +to leave them to be counteracted by their own extravagance and by +the character of their advocates, and let them die by their own +contemptibility. But now, principles, contrary to the plain meaning +of the texts before us, come to our ears from some more respectable +quarters, and in the name of religion. I should be a traitor to the +high trust of this pulpit, if I did not caution you against them. +Forbearance and delicacy must sometimes have limits. We owe duties +to truth and Christianity, which tenderness must not make us +violate. + +The "New York Evangelical Congregational Association" recently +passed the following Resolution in respect to the "Fugitive-Slave +Law,"--a Law regularly enacted by the Congress of the United +States:-- + +"Resolved, That we cannot recognize this Law, as of any binding +force upon the citizens of our country."--(I am thankful that these +modest men did not go on, like him of the triple crown, to absolve +"the citizens of our country" from all allegiance to the government, +and give our rulers over into the hands of a majesty fit to take +care of them.) + +A _religious_ paper, edited by Congregational clergymen, holding +respectable stations, Pastors of churches,--a paper professedly +devoted to the cause of Christ,--holds the following language in an +_Editorial_ article, under the caption, "How to oppose the +Fugitive-Slave Law":-- + +This _religious_ paper says,--"To the fugitives themselves ... this +Law is no Law ... and to resist it even unto death, is their right, +and it may be their duty.... To each _individual_ fugitive, to every +man or woman, who having escaped from bondage and tasted liberty, is +in hourly peril of being seized and dragged back to slavery, we +say,--Be fully prepared for your own defense. If to you death seems +better than slavery, then refuse not to die--whether on the +way-side, at your own threshold, or even as a felon upon the +gallows. Defend your liberty and the liberty of your wife and +children, as you would defend your life and theirs against the +assassin. If you die thus, you die nobly, and your blood shall be +the redemption of your race. Should you destroy the life of your +assailant, you will pass into the custody of the criminal Law ... +under an indictment for murder; but the verdict of the community, +and the verdict of almost any jury will be, justifiable homicide in +self-defense.... Or should a different verdict be found, and you be +condemned to die as a murderer, your ignominious death shall be +luminous with the halo of a martyr, and your sacrifice shall be for +the deliverance of your people." + +Such are the _religious_ principles, and such is the _religious_ +advice of these _religious_ ministers! + +I am sorry to see this. _I never read more wicked and abominable +principles!_ They deserve not only the reprehension of every +Christian, but the entire indignation of _all civilized mankind_! +They advise private arming with bloody weapons--they advise violent +resistance and murder--the murder of officers of civil Law engaged +in the discharge of the duty which they have sworn to perform! I +have no words to express my abhorrence of these wicked and +outrageous sentiments, so directly contrary to the whole nature of +all civilized society, to the precepts of the Bible, and the whole +spirit of Christianity! I speak not of the _men_. Good men may err. +But these principles, which these ministers have published as +religious ones, are horribly and outrageously wicked! + +There are other things in this religious paper, which we think are +calculated to do immense mischief. This editorial article "would +utter its remonstrance against all violent resistance to the +execution of the Law." Indeed! Very quiet and peaceful, after having +talked about being "fully prepared for defense"--about death "on the +wayside, at the threshold and on the gallows"--about "murder," and +about "martyrdom." Away with such morality! aiming at one thing and +professing another!--"If one sees a fellow man struggling with his +captors,... he may lawfully interpose his own person between the +parties and separate them." Away with such morality! encouraging +people to "act a lie," by opposing Law while professing to obey it! +And this species of morality is virtually commended to the jury-box; +and its inmates are furnished in advance with a verdict here +prepared for their use--"justifiable homicide in self-defense"! Away +with such morality! encouraging a juror to violate his oath, by +disregarding the Law, which he has just sworn to his country and to +his God, shall govern his verdict! and encouraging a fugitive to +expect him to do so!--We may yet see whether the jurymen of our +country will regard their oath, or will follow the religious counsel +of this religious paper. + +I am not justifying slavery. I am pleading obedience to the texts +before me. Slavery may be wrong. Be it so; there is still a +_righteous_ method to get rid of it. But if slavery _is_ wrong, that +does not make violence and murder _right_. + +I am not justifying the fugitive-slave Law. It may be wrong: it may +be unwise and unconstitutional. I think that any wise and modest man +would hesitate much to pronounce it unconstitutional, after its +enactment by a body of men who _aimed_ to abide by the constitution, +and who studied the matter most intensely, with every opportunity +for information and with minds trained for years in the depths of +legal science. But, be it wrong--be it unwise and unconstitutional; +there are civil courts to decide upon its constitutionality, and +no man has _any right_ to decide for _himself_ that it is +unconstitutional, and act upon that decision: if he had such a +right, then every man would be his own Lawmaker, and public +Constitution and Law would be nothing but a bugbear or a bubble! Be +it wrong; there is a peaceful, prescribed way of amending both Law +and Constitution,--and a wrong in the Law does not make +false-swearing by the juryman and murder by the fugitive _right_! + +It is a most marvellous thing, what a number of clergymen north of +Mason and Dixon's line, have, all of a sudden, become such great +_Constitutional lawyers_! Never before was anything like it! It is a +modern miracle! A decision upon a great constitutional question is +nothing to them! How amazingly these profound legalists, these +clergyman jurists, would adorn the high courts of the country if +they would only consent to take their seat upon the bench! The +Judges of the United States Supreme Court ought to be thankful, that +these clergymen Judges have done their duty for them in advance, +deciding the law to be unconstitutional and no more is to be done! +Benevolent men, these clergymen! Some have done the duty of the +jurors for them and others the duty of the judges--the verdict and +the decision are both recorded! yea indeed, in advance, and without +pay! + +But seriously, it were far better, that these clergymen should +attend to their own appropriate duties to which their Master has +bidden them, than to be engaged in fostering excitements among their +people, which _never can_ result in any good, civil or religious. If +we shall have the rebellion, disunion, and civil war, to which these +evil principles and these excitements tend, the guilt of such +clergymen will not be small! I would not have their accountability +for all the gold of Ophir! + +But it is not all the clergymen of this part of the country, nor the +most of them, nor the half of them, who have turned Constitutional +lawyers, or turned law opposers. I hesitate not to say, it is only a +small minority, and those in general who are not entitled to the +most respect for erudition, sense, or excellence of character. The +(New School) Synod of New York and New Jersey, as respectable a body +of ministers and elders as is to be found in the Presbyterian +Church, at their late meeting in this city, had good sense enough, +and good religion enough, to "leave the constitutionality of the +recent enactment" (the Fugitive Slave Law) "to be adjudicated by the +civil tribunals of the country." They deserve the thanks of the +country and of all mankind. The solid sense and real religion of the +land will respect their decision. + +I have nothing to do with politics or party. I am only insisting +upon religious obedience to Law. I am preaching the texts before me. +Such obedience is a religious duty. It is the will of God. I appeal +to the texts. They proclaim the Law of God. Peaceful subjection to +government _is_ his law; and men are guilty of sophistry and +falsehood, when, to excuse wicked evasion of Law or violent +resistance, they pretend to appeal to what they call "the higher +laws of God." _There are no such higher laws._ The texts before me +are his law. If one man has a moral right, either cunningly to evade +or openly to violate Law, under such pleading, then another man has +the same right to violate _another_ Law; and thus any villainy on +earth may be perpetrated under the sacred names of "conscience," and +"the higher laws of God!" Nothing is _safe_ in the hands of men of +such principles. These principles undermine the foundations _of all +society among men_! As I told you last Wednesday evening in my +lecture, the question before the country is _not_, (as the deceivers +pretend,) whether God's laws are not higher than man's, or whether +God's laws are to be obeyed. Nobody disputes either of these things. +Nobody ever did. But the question is, whether it is the will of God +that men should submit to the laws of the land, or aim to paralyze +law, cheat it, cripple it, resist it, and thus overthrow the +government of the country--a government at this moment more +beneficial than any other that ever existed. + +Nor is it true, that the fugitive slave is made an "outlaw," and on +_that_ ground justifiable for bloody and murderous resistance of +Law. He is under the protection of Law; and if any man injures him +or kills him, the Law will avenge him, just as soon as it would you +or me. He is _not_ made an outlaw: common sense knows better. + +The matter before us is a very serious matter. The wicked +principles of which I have spoken, disguise it as you will, tend +directly to anarchy, confusion, and civil war! The question _is +not_, whether slavery is right, or the Fugitive Slave Law right. It +draws deeper. The question is, shall Law be put in force, and the +government of the country stand; or shall Law be resisted, and the +government of the country disobeyed, and the nation plunged into all +the horrors of civil war? If Law cannot be executed, it is time to +write the epitaph of your country! + +Suffer me to utter a few words of earnest counsel to you, my beloved +people. + +1. Beware of the influence of _mere feeling_ on this serious +subject. Your feelings may be with the slave,--so are mine, so are +those of most of the Southern people. We all want men to be free; +and _no more_ do we want it now, than did the inhabitants of this +country before we were born: the extravagant fanaticism and noisy +zeal of the Northern abolitionists have not increased the sentiment +of the country in favour of freedom a single item. But what can we +_do_? This is a very grave and difficult subject. One thing is +certain,--the perpetual abuse of our Southern brethren, violence, +disunion, and bloody murder will do us no good,--whether we are +bondmen or freemen. And when we think on this subject, let us aim to +be cool, unimpassioned, deliberate, and give reason and religion +their just influence over us. + +2. Beware of prejudice. Do not make up your mind hastily, and under +the impulses of mere feeling, without any just and extensive +information. Study the matter calmly, extensively, and on all sides +and aspects of it. + +3. Study it _religiously_. Keep it, in your mind, aloof from all the +excitements and influences of party and party spirit. Let me say to +you, my beloved people, study it on your knees, in earnest prayer to +God. Learn your duty from God's word, praying in the Holy Ghost. + +4. Aim to cultivate the entire spirit of your Lord and Master, Jesus +Christ. Feel as he felt. Act as he acted. Pray as he prayed. Seek +the _salvation_ of sinners, as he sought it,--evidently putting more +value upon _that_ for every dying son of Adam, than upon all things +earthly. Oh remember, you _will be the best citizens, just when you +are the best Christians_;--and I do believe in my heart, you will do +most earthly good to your fellow-men, just when you do them most +spiritual good,--leading them, by example, by precept, and prayer, +to "seek _first_ the kingdom of God." + +5. Be obedient to the laws of your land. Do not resist these +_ordinances of God_. Stand by the Constitution of your country. If +that die, _the most_ of your happiness and your hopes die with +it!--yea, it would be a calamity to the civilized world! +Christianity herself would be hindered a whole century in her march! +Respect your rulers. Frown indignantly upon the low and vile abuse +now heaped so liberally upon the great men of your country. Be +peaceful Citizens. Be a _law-abiding people_, with all your +sentiments opposed to violence, bloodshed, and confusion; and aim to +allay all the excited and angry feelings that may come up around +you. + +Finally; have your hope and your trust in God. Men women, and +children, I beseech every one of you to beware of the spirit of +worldliness, and the excitements of worldly subjects and interests; +and let not such interests and subjects prevent your conversion to +Christ, your holiness and eternal salvation. Pray for yourselves, +your children, your rulers; and let your prayerful and humble trust +in God hold you safe, amid all the agitations of a world that you +must soon leave for another. God grant it to you, through Jesus +Christ our Saviour. Amen. + + + + + + +End of the Project Gutenberg EBook of The Religious Duty of Obedience to Law +by Ichabod S. 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