Page:Borden v. State ex rel. Robinson.pdf/9

Rh we shall be at full liberty to give effect to certain known rules of the common law, although inconsistent with this supposed law of nature. And even if we find it a law of nature, consecrated as such by the common law, nevertheless, if we find these known rules of the common law, to which we have alluded, equally as well authenticated as laws of nature, we will still be at liberty to give effect to them, as well as this supposed law of nature, by construing them all in pari materia, as a system of natural laws.

We understand all laws to be either human or divine, according as they have man or God for their author, and divine laws are of two kinds, that is to say, 1st, Natural laws; 2d, Positive or revealed laws. A natural law is defined by Burlamaqui [sic] to be "A rule which so necessarily agrees with the nature and state of man, that, without observing its maxims, the peace and happiness of society can never be preserved." And he says that these are called natural laws, "because a knowledge of them may be attained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature: while, on the contrary, positive or revealed laws are not founded upon the general constitution of human nature but only upon the will of God; though in other respects such law is established upon very good reason and procures the advantage of those to whom it is sent. The ceremonial or political laws of the Jews are of this latter class.

So, all rights which appertain to man are of one or the other of two classes, that is to say, 1st, natural rights; or 2d, acquired rights. The former are such as appertain originally and essentially to man, such as are inherent in his nature and which he enjoys as a man independent of any particular act on his side. The latter, on the contrary, are those which he does not naturally enjoy, but are owing to his own procurement. The right of providing for one's preservation is of the one class; while sovereignty or the right of commanding or the right to property are of the other class.