p. 4 | The Basis of Law by G. D. Ballou

Pacific Press Publishing Association · Mountain View, California · Feb 10, 1909

The Basis of Law

By G. D. Ballou

Fundamental Propositions.

THOSE who are in a habit of doing a little thinking for themselves will, I believe, appreciate a close view of the origin of law and be better able to appreciate the true character of some laws that are now upon the statute-books of various states. Seeing this, they will know better what position to take in regard to similar laws for which loud clamoring is being made in certain quarters.

To get right at the point, every man has a civil right to defend his life and property and the chastity of his family. In other words, he has the power of command over these things and some others. He may defend the life and property and chastity of any member of society; and if he takes life in the defense, he is exonerated from all blame by the civil authorities. Now when the citizen of a representative democracy or republic votes for a man to represent him in the halls of legislation, he delegates to his representative just those rights and civil powers which he himself possesses, and which he may himself exercise in cases of emergency, and he can delegate no others. So this representative goes to the halls of legislation with the delegated authority of his constituents to make laws in those matters concerning which each voter had personal power and authority to act for himself. When all these legislators representing the entire state assemble, they simply give authoritative expression as an organized assembly to those personal rights which existed in each citizen of the body politic as an inherent birthright. No one can fail to see the truthfulness of the foregoing propositions.

Now take another point. Not one of these citizens aforesaid has any authority whatever to command any of his fellow men with regard to the use of any portion of his time. He may not command his neighbor to sleep eight hours in twenty-four nor to rest one day in seven. It is simply none of his business how his fellow man makes use of his time.

The Application of Principle.

Hence in the matter of Sunday-rest legislation he has no authority whatever to delegate to his representative. Does this need repeating for emphasis? If so, read it again, and then ask yourself whence the legislators would derive authority enabling them to make Sunday laws.

The people have authority to delegate where they have personal rights; but here on this point having no personal rights and no authority to delegate, it leaves the legislature where, if it acts at all in this matter, it must act on usurped authority; for it has no other authority on which to act. This has ever been true of all religious legislation.

Religious zealots have influenced kings and other lawmakers to assume this authority to themselves. Even thus it is to-day and thus it will be until the King of Kings brings in the better day.

If you wish to see the iniquity of personal assumption in this matter, consider the contrast in the following illustrations.

Examples.

A man on returning to his home finds a fellow putting fire to the buildings. He commands him to desist, but the incendiary pays no attention. Exasperated beyond measure he shoots the villain down. If called to account, the court would exonerate the man from all blame in the matter. But suppose the same man to be a zealous National Reformer. He sees a neighbor laboring in a field adjoining his house on Sunday. Exceedingly offended he goes out and commands him to desist. But the neighbor, feeling he has a perfect right in this matter, continues to labor on as tho the command had not been issued, with the result that the exasperated one shoots him down as he did the incendiary. Now will the court clear him of the charge of murder?—Surely not. And why not?—Because what his neighbor did on Sunday was none of his personal business; so long as the neighbor did not physically disturb his worship. He was usurping authority which did not belong to him.

Let the points be made plain and kept before the people, that the citizen can not delegate authority which he does not possess; that he possesses no authority to command Sunday observance; and that hence legislators which make Sunday laws must do it by usurped authority.

Los Angeles, Cal., Jan. 15, 1909.