uch scheme there should be the minimum of
prescription, and nothing be so sedulously avoided as the superseding
of inward and active _principles_ by outward and passive _rules_;--that
is, life would be made as much moral and spontaneous, as little
political and mechanical, as possible.
And this does not ill describe our own case. No civilized nation is so
little imprisoned in precedents and traditions. Our national maxim is,
"The world is too much governed." In the degree of this release we are,
of course, thrown back upon underlying principles and universal
persuasions,--since these of necessity become, in the absence of more
artificial ties, the chief bond of such peace and cooeperation as
obtain. Leave two men to deal with each other, not merely as subjects
or citizens, but as men, and they must recur to that which is at once
native and common to both, to the universal elements in their
consciousness, that is, to principles; and thus the most ordinary
mutual dealing becomes, in some degree, a spiritual discipline. Harness
these men in precedents, and whip them through the same action with
penalties, and they will gain only such discipline as the ox obtains in
the furrow and the horse between the thills. Statutes serve men, but
lame them. They render morality mechanical. Men learn to say not, "It
is right," but, "It is enacted." And the difference is immense. "Right"
sends one to his own soul, and requires him to produce the living law
out of that; "Enacted" sends him to the Revised Statutes, or the
Reports, and there it ends. The latter gives a bit of information; the
former a step in development. Laws are necessary; but laws which are
not necessary are more and worse than unnecessary;--they pilfer power
from the soul; they intercept the absolute uses of life; they
incarcerate men, and make Caspar Hausers of them. Now in America not
only is there already much emancipation from those outside regulations
which supersede moral and private judgment, but the tendency toward a
fresh life daily gains impetus. That repeal of the Missouri Compromise,
however blamable, has several happy features, and prominent among these
must be reckoned the illustration it affords of a growing disposition
to say, "No putting To-day into Yesterday's coffin; let the Present
_live_ and be its own lord."
We need be at no loss to discover the effects of the combined
influences here stated. The ordinary phrases of our country-people
denote an
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