# Der Lutheraner_St. Louis Missouri_1849 02 06_S90
# AI translation — CHI Digital Archive (demonstration)

90

notion of right implanted in human nature, administers it orally without any written law.

In like manner we find the authority also present where out of this still unconscious state of nature an ordered state of law has arisen, where the people become conscious of a definite distinction between those who command and those who obey, between authority and subjects, and the former carry out the essence of right in definite, written laws, which are all to be emanations of the innate moral law of love, and watch over the execution of these laws.

At this stage of human culture, namely such as we already find in the civilized states of heathen antiquity, a step forward has also been taken in this, that the people no longer stand in such dependence upon outward nature as in the time of hunting and fishing life and of wandering about with their hordes, when every individual provided for himself his small household needs, each being, as it were, shoemaker, tailor, carpenter, and so forth, in one person. At this higher stage, namely, a division of labors and an exchange of products has come in, so that, for example, one man is a tailor his whole life long, another a shoemaker, and each works chiefly not for himself, but for others.

Thereby, however, the mutual legal relations also become more manifold and more involved, and require a greater multitude of written laws and their orderly execution; in order that every station and calling may remain nicely within its bounds and not encroach upon and overstep the rights of another, but may also be protected against the encroachments of others; the disputes about Mine and Thine in particular also had now to become more manifold.

Then the authority was greatly needed, whatever name it might have and however it might have arisen, to maintain right and justice, to keep the evildoers, from fear of punishment, within wholesome bounds, and in cases of transgression to restore the right upon the evildoer by fitting punishment, damage for damage, eye for eye, tooth for tooth, and so forth, but to protect and keep in peace the righteous in their good right against these unrighteous, and in this way to establish temporal peace and comfortable quiet; and here everywhere, whether it be called king or duke, congress, senate, and so forth, it is God's handmaid and deputy in this matter of worldly right, for the punishment of the evildoers and for the praise of them that do well.

For it is clear and manifest that without the authority and its wholesome government the stronger and the violent, by virtue of innate selfishness, would always encroach upon the right of the weaker, and no man would be secure in his property and life from the wickedness of another; also wrath and revenge would be the order of the day, and every powerful man by means of his following would seek to set himself up over the others as sole ruler, and so forth.

In sum: The authority is a great benefit of God, so that among the ancient Persians the custom existed, after the death of every king, of letting a wholly lawless license set in for some time, in order that everyone might learn from experience to know and value the usefulness of authority.

Having, then, briefly answered and discussed that twofold preliminary question, whether the authority is necessary and what is its highest cause, we now go nearer to the answering of our first question: What the authority owes to the subjects?

The first thing, then, is this, that it conduct its whole office in the fear of God; it should first of all be mindful that it is ordained of God, and that its calling is a divine one, whether it be called emperor or king, or elector or president, senate, congress, and so forth, and whether it have inherited its dominion, or have been placed at the head of affairs by the choice of the people, the fear of God should rightly pervade its whole government inwardly, and it should not forget that it is the King of all kings, the Lord of all lords, who through it maintains His right among the people, that accordingly its whole office is a constant divine service, and the discharge of this office must first of all tend to God's honor; it should bear well in mind that the LORD, according to Psalm 82, is Judge among the gods (that is, the earthly authorities, which govern in God's stead), that righteousness and judgment are the habitation of His seat, and that in His time He will require strict account of it.

And because it is so great and weighty an office, it should diligently call upon God for grace and wisdom to discharge it faithfully according to His will and pleasure, and have before its eyes the example of Solomon, who at the beginning of his reign asked not for riches and long life and the like, but for a wise, understanding heart, to administer right and justice according to God's ordinance among Israel.

The other thing which the authority owes to the people consists in this, that it bear and lay to heart the weal and woe of the same upon a fatherly heart, and carry out out of love of the neighbor all the functions of its office.

To these functions, however, belong chiefly the following:

First, it is incumbent upon it to draw up wise and wholesome laws, which are, nearer or more remotely, emanations of the holy Ten Commandments, and so to dispose of the cases concerned that, without respect of persons, God's true and eternal right may be set forth and carried out; and in this it is all one whether they are laws of order, chiefly to settle the disputes about Mine and Thine, or penal laws, to restore the right upon the offender, according to his transgression, and at the same time to serve as bolts and bulwarks, in order by fear of punishment to resist the frequent grosser outbreaks of sin.

Second, it is its duty to bring these laws into use and practice, and to take earnest care for their execution; for what do the best laws help, if they are not conscientiously put into deed and effect?

This holds good, however, also especially for the execution of the penal laws and particularly of capital punishment (according to Gen. 9), which, alas, in opposition to God's Word and ordinance, a State of the Union (Michigan) has already abolished. And not seldom one hears confused Christians utter the delusion, as though capital punishment were against the Gospel, whereas Christ has confirmed the sword, when He said to Peter: "Put up again thy sword into his place: for all they that take the sword (for vengeful self-help or aggressive malice) shall perish with the sword!"; and further the Holy Ghost also says through Paul, Rom. 13, 4: "she (the authority) beareth not the sword in vain; she is the minister of God, a revenger to execute wrath upon him that doeth evil!"

Third, the authority should observe moderation in the imposing of duties and taxes; for although it is right that the subjects should pay tribute, in order to maintain the office of authority and to enjoy the protection of the laws, yet the sovereigns ought not to exercise tyrannical power and extort money, in order either to squander it in pomp and luxury, or to carry on unjust wars of conquest, or to indulge costly fancies, or to heap up great treasures for their families. For, as said, its government should be fatherly; and the people exist not for the sake of the authority, but this for the sake of the people.

Fourth, it is the duty of the authority gradually to bring up the subjects to a certain maturity, that they may become able and fit to obtain, in their representatives, a certain share and cooperation in legislation and government according to the constitution. In this also the worldly sovereigns should rightly follow the example of fathers in the household government; for, as these gradually train up their sons to domestic independence and therefore, under their oversight, hand over to them this and that part of the household management for their own care, — so also the princes and fathers of their country, for example, should do, in that they should draw their country's children also to a certain cooperation in the administration of the civil community, and entrust to them also, under their superintendence, this and that part of this administration.

If the princes and lords took this part of the education of the people rightly to heart, and were true fathers of their country toward their country's children, then on their part no seed of insurrection would be sown, and they would not draw ruin together upon their own heads. —

II. We come now, however, to the answering of the other question, namely, what the subjects owe to the authority, or those who obey to those who command?

The first thing, then, is regard and reverence