bring back upon us some of
the worst doctrines of the middle ages as to the power of the pope and
of earthly sovereigns. Good men in all ages of the world have always
acted on the principle that human laws can not bind the conscience when
they are in conflict with the law of God. Daniel openly, in the sight of
his enemies, prayed to the God of heaven in despite of the prohibition
of his sovereign. Shadrach, Mesheck and Abednego refused to bow down, at
the command of the king, to the golden image. The early Christians
disregarded all those laws of Pagan Rome requiring them to do homage to
false gods. Protestants with equal unanimity refused to submit to the
laws of their papal sovereigns enjoining the profession of Romish
errors. That these men were right no man, with an enlightened
conscience, can deny; but they were right only on the principle that the
power of the state and of the magistrate is limited by the law of God.
It follows then from the divine institution of government, that its
power to bind the conscience to obedience is limited by the design of
its appointment and the moral law. All its power being from God, it must
be subordinate to him. This is a doctrine which, however, for a time and
in words, it may be denied, is too plain and too important not to be
generally recognized. It is a principle too which should at all times be
publicly avowed. The very sanctity of human laws requires it. Their real
power and authority lie in their having a divine sanction. To claim for
them binding force when destitute of such sanction, is to set up a mere
semblance for a reality, a suit of armor with no living man within. The
stability of human government and the authority of civil laws require
that they should be kept within the sphere where they repose on God, and
are pervaded by his presence and power. Without him nothing human can
stand. All power is of God; and if of God, divine; and if divine, in
accordance with his holy law.

But who are the judges of the application of these principles? Who is to
determine whether a particular law is unconstitutional or immoral? So
far as the mere constitutionality of a law is concerned, it may be
remarked, that there is in most states, as in our own, for example, a
regular judicial tribunal to which every legislative enactment can be
submitted, and the question of its conformity to the constitution
authoritatively decided. In all ordinary cases, that is, in all cases
not involvin