The Southern Literary Messenger, Volume I., 1834-35

by Various

In two out of the four quarters of the world, we all know how much these opinions are changed; and that there, with the thinking portion at least, government is now regarded as an institution created solely for the happiness of the people; that they are the judges of what constitutes that happiness; and that government may be changed, either as to its form or agents, whenever it is proved incapable of fulfilling its main purpose. This principle of reason and common sense caused and justified the establishment of the Commonwealth in England; the restoration of the monarchy; the subsequent revolution in 1688; the American revolution in 1776; the French revolution of 1789, under all its various phases; and that which produced a change of dynasty in 1830. We have seen the operation of the same principle in separating the Spanish provinces on this continent from the mother country. We have seen it in the separation of Belgium from Holland, and in the liberation of Greece from the Turkish yoke.

Every subordinate institution too, is now judged according as it tends to promote the welfare of the community; and the notion of rights of particular classes and orders of men, farther than they can be shown to rest on this foundation, is deemed presumptuous and absurd. Even the rights of property itself, the most sacred of any, because they are the most obvious and are possessed by a greater number, are derived from the same source, and are regulated and controlled by it. Every tax in a popular government—every restriction on the free use of one's own,—whether it be in the form of a prohibition against gaming, or of laying out a new road, or of an inspection law, recognizes this principle. It governs legislatures in conferring rights as well as abridging them. They all find their authority and justification in the public good; nor does any one now attempt to resist a tax or defend a privilege, but by appealing to this great test of right, the interests of the community.

You see too in jurisprudence, that all those principles which grow out of barbarous usages, or were the result of accident, or of mistaken theory, are gradually made to give way to the light of reason and the spirit of philosophy. They conform more and more to the common sense and common feelings of mankind. Crimes which once incurred the severest penalties of the law, are crimes no longer; modes of trial originating in superstition have been abolished; many of the frivolous niceties of pleading, or rules founded on a state of things which no longer exist—such as that which excluded written testimony from the common law courts, and which, like noisome weeds, choked up the administration of justice, have been eradicated, in spite of the cry which always will be raised against innovation, and which some of our best principles, as well as our weakest prejudices, concur in raising.

Nor have we yet reached the end of this course of salutary reform. The administration of justice may be still more simple; and though the rules of property and of civil rights must always be numerous and complicated in a civilized community, yet this necessity furnishes a further reason why the modes of investigating truth and the rules of evidence should possess all practicable simplicity. The spirit of philosophy has been actively at work here. In some instances, perhaps, it has been too far in advance of the age, and under the influence of the pride of discovery and reform, or provoked by opposition, it may have been urged farther than reason and propriety would warrant. It has, however, arraigned the whole system of judicial evidence, and endeavored to show that the rules for the examination of contested facts are so erroneous or defective, that the truth is commonly discovered better out of court than in it; and that questions about which all the world is satisfied, when technically examined by tribunals created purposely for their investigation, either receive no answer, or a wrong one. The official expounders of the law, partaking of the liberal spirit of the age, have of late years greatly narrowed the objections to the competency of witnesses; but it is only the legislature and public opinion which are adequate to a complete reform, and they will one day assuredly bring it.

There is much seeming force in many of the other objections of the reformers to the present very artificial and complicated system of jurisprudence; but whether their views are satisfactory or otherwise, they equally serve to show the prevalent disposition of men to bring all human concerns to the bar of reason, and make them submit to her decrees.

There is nothing in which the progress of reason and philosophy are more shown, than in the subject of religion. A large part, perhaps I may say, the best part of religion, as it is most productive of good results, is the religion of the heart; and consists in a profound and thorough sense of the wisdom and beneficence of the Creator—of thanksgiving for the blessings he has vouchsafed to frail and humble beings like ourselves—to vigorous self-examinations by our own conscience—to fervent aspirations after moral excellence in this life, and a purer and higher state of existence hereafter. But all of these are impulses of the feelings, rather than the cold dictates of the reasoning faculty; and being dependant on the laws of our emotions, which are as unchangeable as our forms, and probably as much the result of organization, are the same in character, if not in degree, in every stage of society.

But while philosophy has not altered, and could not alter these impulses of the heart, we may see here also its benignant operations. It has driven away from religion the superstitions which fraud and credulity combined had gathered around it. Man no longer imputes to the Deity the same violent and ignoble passions by which the baser part of his own nature is agitated; and instead of regarding cruelty and vengeance as attributes of the Supreme Being, he is invested with those qualities which appear to our feeble conceptions more consonant with divine perfection. Thus mercy to human frailty and pity for human suffering, are regarded as divine attributes no less than wisdom and power. On the part of its votaries, humility is invoked to take the place of pride; forgiveness of injuries to supersede resentment; meekness and patience and long suffering are held to indicate a truer devotion than pompous rites and vain ceremonies; and instead of incense and sacrifices, good deeds to his fellow mortals, and a lowly and penitent spirit, are deemed the most acceptable offerings which man can make to his Creator. In this transformation, Mr. President, you recognize the leading precepts of christianity, which may well be called the most philosophical of all religions.

It is true that after this religion became the creed of those northern barbarians, who poured like an avalanche over the south of Europe, christianity became greatly perverted from its original simplicity and purity; but it was not destined to remain forever shrouded in these mists of barbarism. After the growing spirit of philosophy prepared men's minds for its reception and welcome, it broke forth in its pristine beauty and splendor. The further continuance of the abuses of the christian church was inconsistent with the increase of general intelligence; and the reformation must have taken place had Martin Luther never existed, or had the Dominican friars never carried on the traffic in indulgences; though it might not have happened at the precise time, or in the precise manner in which it did occur.

In truth, man's religion, as well as every thing else relative to his opinions and feelings, partakes of the character of the age; and we are warranted in saying, that the christian religion in the middle ages must as necessarily have been subject to its corruptions, its superstitions, and its persecutions, among a people so rude as that which then swayed the destinies of Europe, as that after the discovery of the art of printing, the revival of letters, and the general progress of science and philosophy, these foul exhalations should disappear.