A Quote by Roger Brooke Taney
We must look at the institution of slavery as publicists, and not as casuists. It is a question of law, and not a case of conscience.
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For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
On some positions, cowardice asks the question, is it expedient? And then expedience comes along and asks the question, is it politic? Vanity asks the question, is it popular? Conscience asks the question, is it right? There comes a time when one must take the position that is neither safe nor politic nor popular, but he must do it because conscience tells him it is right.
Talk about slavery! It is not the peculiar institution of the South. It exists wherever men are bought and sold, wherever a man allows himself to be made a mere thing or a tool, and surrenders his inalienable rights of reason and conscience. Indeed, this slavery is more complete than that which enslaves the body alone.
I say now, however, as I have all the while said, that on the territorial question - that is, the question of extending slavery under the national auspices, - I am inflexible. I am for no compromise which assists or permits the extension of the institution on soil owned by the nation.
Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.
It is perfectly clear, in the first place, that the constitution of the United States did not, of itself, create or establish slavery as a new institution; or even give any authority to the state governments to establish it as a new institution. The greatest sticklers for slavery do not claim this.
The inconsistency of the institution of domestic slavery with the principles of the Declaration of Independence was seen and lamented . . . no insincerity or hypocrisy can be fairly laid to their charge. Never from their lips was heard one syllable of attempt to justify the institution of slavery. They universally considered it as a reproach fastened upon them by the unnatural step-mother country and they saw that before the principles of the Declaration of Independence slavery, in common with every other mode of oppression, was destined sooner or later to be banished from the earth.
If we do not restore the Institution of Property we cannot escape restoring the Institution of Slavery; there is no third course.
Nullification is not a 'defense' recognized by law, but rather a mechanism that permits a jury, as community conscience, to disregard the strict requirements of law where it finds that those requirements cannot justly be applied in a particular case.
In general, we as police officers - at least the good police officers - like to look at each situation case by case and always pay close attention to the spirit of the law rather than the letter of the law.
In questions of law or of fact conscience is very often confounded with opinion. No man's conscience can tell him the rights of another man; they must be known by rational investigation or historical inquiry.
When you look at a corporation, just like when you look at a slave owner, you want to distinguish between the institution and the individual. So slavery, for example, or other forms of tyranny, are inherently monstrous. The individuals participating in them may be the nicest guys you can imagine.
A militia law, requiring all men, or with very few exceptions besides cases of conscience, to be provided with arms and ammunition... is always a wise institution, and, in the present circumstances of our country, indispensable.
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
An institution like Guantanamo in its present form cannot and must not exist in the long term. We must find different ways of dealing with prisoners. As far as I'm concerned there's no question about that.
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