BOSTON:
PUBLISHED BY BELA MARSH,
No. 25 Cornhill.
1845.
Entered according to Act of Congress, in the year 1845, byLysander Spooner,
in the Clerk's Office of the District Courtof Massachusetts.
Dow & Jackson's Anti-Slavery Press.
WHAT IS LAW?
Before examining the language of the Constitution, in regard to Slavery,let us obtain a view of the principles, by virtue of which law arisesout of those constitutions and compacts, by which people agree toestablish government.
To do this it is necessary to define the term law. Popular opinionsare very loose and indefinite, both as to the true definition of law,and also as to the principle, by virtue of which law results from thecompacts or contracts of mankind with each other.
What then is Law? That law, I mean, which, and which only,judicial tribunals are morally bound, under all circumstances, todeclare and sustain?
In answering this question, I shall attempt to show that law is anintelligible principle of right, necessarily resulting from the natureof man; and not an arbitrary rule, that can be established by mere will,numbers or power.
To determine whether this proposition be correct, we must look at thegeneral signification of the term law.
The true and general meaning of it, is that natural, permanent,unalterable principle, which governs any particular thing or class ofthings. The principle is strictly a natural one; and the term appliesto every natural principle, whether mental, moral or physical. Thuswe speak of the laws of mind; meaning thereby those natural, universaland necessary principles, according to which mind acts, or by which itis governed. We speak too of the moral law; which is merely an universalprinciple of moral obligation, that arises out of the nature of men, andtheir relations to each other, and to other things—and is consequentlyas unalterable as the nature of men. And it is solely because it isunalterable in its nature, and universal in its application, that it isd