may regard as
unconstitutional or unjust. The responsibility attaches to those who
make, and not to those who execute the laws. It is only when the act,
which the officer is called upon to perform, involves personal
criminality, that he is called upon to decline its execution. Thus in
the case of war; a military officer is not the proper judge of its
justice. That is not a question between him and the enemy, but between
his government and the hostile nation. On the supposition that war
itself is not sinful, the act which the military officer is called upon
to perform is not criminal, and he may with a good conscience carry out
the commands of his government, whatever may be his private opinion of
the justice of the war. All such cases no doubt are more or less
complicated, and must be decided each on its own merits. The general
principle, however, appears plain, that it is only when the act required
of an executive officer involves personal criminality, that he is called
upon to resign. This is a case that often occurs. In Romish countries,
as Malta, for example, British officers have been required to do homage
to the host, and on their refusal have been cashiered. An instance of
this kind occurred a few years ago, and produced a profound sensation in
England. This was clearly a case of great injustice. The command was an
unrighteous one. The duty of the officer was to resign rather than obey.
Had the military authorities taken a fair view of the question, they
must have decided that the command to bow to the host, was not
obligatory, because _ultra vires_. But if such an order was insisted
upon, the conscientious Protestant must resign his commission.
The next question is, What is the duty of private citizens in the case
supposed, _i. e._, when the civil law either forbids them to do what God
commands, or commands them to do what God forbids? We answer, their duty
is not obedience, but submission. These are different things. A law
consists of two parts, the precept and the penalty. We obey the one, and
submit to the other. When we are required by the law to do what our
conscience pronounces to be sinful, we can not obey the precept, but we
are bound to submit without resistance to the penalty. We are not
authorized to abrogate the law, nor forcibly to resist its execution, no
matter how great its injustice or cruelty. On this principle holy men
have acted in all ages. The apostles did not obey the precept of the
Jewis
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