Preaching Higher Law Treason

If the United States Constitution is the highest authority of law, then it follows that those who undermine or resist it commit treason against the United States.  Those like William Seward of New York who asserted a higher law than the Constitution fall within this definition.

Bernhard Thuersam, Circa1865

 

Preaching Higher Law Treason

“It was against Seward and his followers that the South directed its “higher law” attack in the later fifties. On October 19, 1858, Jefferson Davis delivered a stirring address in New York City upon this subject, and in the course of his daring denunciation of the advocates of this theory, he declared:

“You have among you politicians of a philosophical turn, who preach a higher morality; a system of which they are the discoverers . . . They say, it is true the Constitution dictates this, and the Bible inculcates that; but there is a higher law than those, and they call upon you to obey that higher law of which they are the inspired givers.

Men who are traitors to the compact of their fathers—men who have perjured the oaths they have themselves taken . . . these are the moral law-givers who proclaim a higher law than the Bible, the Constitution, and the laws of the land . . . These higher law preachers should be tarred and feathered, and whipped by those they have thus instigated . . . The man who . . . preaches treason to the Constitution and the dictates of all human society, is a fit object for a Lynch law that would be higher than any he could urge.”

The South As A Conscious Minority, Jesse T. Carpenter, New York University, 1930, pp. 159-160)

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Circa1865

This is an informational website created and maintained by North Carolina historian and author John Bernhard Thuersam. Born and reared in New York, he a graduate of Villa Maria College at Buffalo, the SUNY Buffalo, and graduate school at the University of Georgia. His 2022 book, "Rather Unsafe for a Southern Man to Live Here: Key West's Civil War was published by Shotwell Press; his 2022 book "Plymouth's Civil War: The Destruction of a North Carolina Town" was published in 2024 by Scuppernong Press. For the latter, Mr. Thuersam was awarded the 2025 "Douglas Southall Freeman Award" from the Military Order of the Stars & Bars.

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