is is certainly in direct contravention of
the teachings of all schools of moral science, even the utilitarian."
Dr. Kearney's doctrine of the existence of a higher law, superior to all
human law, is the doctrine that has been universally accepted, in all
Christian lands at least, and is so to the present day. Froude explains
it correctly when he writes: "Our human laws are but the copies, more or
less imperfect, of the eternal laws so far as we can read them, and
either succeed and promote our welfare or fail and bring confusion and
disaster, according as the legislator's insight has detected the true
principle, or has been distorted by ignorance or selfishness" (Century
Dict., "Law").
Whoever calmly reflects on the manner in which laws are enacted by
legislative bodies, under the influence of human passions and
prejudices, often at the dictation of party leaders or of popular
sentiment, of office-seekers or wealthy corporations, etc., will not
maintain for a moment that human laws and human tribunals are to be
accepted as the supreme measure or _norma_ of right and wrong. The
common law of England, which lies at the basis of our American
legislation, and is an integral portion of our civil government, is less
fluctuating than our statutory law, and is in the main sound and in
conformity with the principles of Jurisprudence. But no one will claim
infallibility for its enactments; the esteem we have for it is chiefly
due to its general accord with the requirements of the higher law.
7. There is, then, a higher law, which all men are bound to obey, even
lawgivers and rulers themselves as well as their humblest subjects, a
law from which no man nor class of men can claim exemption, a law which
the Creator cannot fail to impose upon His rational creatures: although
God was free to create or not to create as He chose, since He did not
need anything to complete His own happiness,--yet, if He did create, He
was bound by His own wisdom to put order into His work; else it would
not be worthy of His supreme wisdom. As the poet has so tersely
expressed it, "Order is Heaven's first law."
How admirably is this order displayed in the material universe! The more
we study the sciences--astronomy, biology, botany, physiology, medicine,
etc.--the more we are lost in admiration at the beautiful order we see
displayed in the tiniest as well as in the vastest portions of the
creation. And shall man alone, the masterpiece of God in t
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