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v 6 ^ *V 0 A' ,f> ■Ku -I f> ^ u ^ v^ ■% "**. ^ * ^ % "-p > <<, ^ >\V ~-» the 'practical department of morals, 6 This position sustained by argument, and by numerous authorities, ... 6 This general concurrence of sentiment among mankind lays a firm founda- tion, on which to build a system of practical morals, 10 Two objects are specially contemplated in practical morals. 1. The forma- tion and cultivation of a permanent, strong, and delicate sense of duty. 2. A knowledge of the principles and rules which determine our duty in the various situations and relations of life, 11 Analysis of the sense of duty, and its beneficial influence, 11 Conscience is an element of our mental constitution, 14 Its office is to judge and prescribe in morals, and to pronounce a definite sentence on our conduct, 14 Its decisions are to each individual his supreme moral guide, 14 The last three positions confirmed by argument, by a brief historical review, and by numerous authorities, ancient and modern, 14 To insure safe decisions, however, the conscience must be guided and en- lightened, and the mind must be kept free from passion and prejudice, . 28 The conscience is to be guided and enlightened from several sources, . . 29 1. By the law of the land; but this is an imperfect guide, 29 2. By looking to the consequences of our conduct ; but this, too, is an im- perfect and a subordinate guide, 33 3. By the Scriptures of the Old and New Testament; and these supply the defects of the two preceding guides, 37 To confirm this last position, the Scriptures are reviewed, under the divisions of the Patriarchal, Mosaic, and Christian dispensations, 37 The patriarchal dispensation is chiefly distinguished for facts and institutions having a moral bearing and influence, 38 Review of the moral character of the Mosaic dispensation, 39 Review of the moral character of the Ten Commandments, 39 Review of the morality of the Psalms, the Proverbs, and the Apocrypha, . 41 Review of the morality of the Christian dispensation. The morality of the Gospel is superior to that of the patriarchal and Mosaic dispensations, . 43 Its design was, so far as morals are concerned, to furnish motives to~moral conduct, rather than rules; sanctions, rather than precepts, 44 Xivr ANALYSIS OF THE CONTENTS. Page Christianity is the only religion which has ever contemplated extending itself and its blessings through the earth by peaceable means, .... 44 This characteristic of Christianity is more extraordinary than we are accus- tomed to suppose, 45 Confirmation of this, by reference to the sentiments, designs, and actions of the ancient founders of cities, lawgivers, philosophers, &c, 44 Other chief characteristics of the morals of Christianity, 50 Our Saviour's character a part of the morality of the Gospel, 55 Tests by which to try the moral sublimity of his character. 1. The design of his coming. 2. The nature of the means which he employed to ac- complish his' sublime and beneficent design. 3. The personal qualities displayed by him. 4. The effects actually produced by Christianity thus far, and those which we may anticipate, ■ 57 An objection to the science of Moral Philosophy anticipated, CQ PART I. OUR RELATION TO GOD, AND THE MORAL DUTIES THENCE ARISING. CHAPTER I. Elucidation of this highest of our Relations, and of the Moral Influence of a Belief in a Supreme Being. Our conception of the Deity unites in itself the richest moral elements, all that is fair, great, and good, whatever bears the impress of beauty, grandeur, sublimity, order, harmony, dignity, and happiness, . ... 66 Hence, the character of the Deity is to us a fixed and ultimate standard of moral excellence, by the contemplation of which, the tendencies of man to wickedness are counteracted, and human nature rises above its natural condition, 66 This argument respecting the special moral influence arising from a belief in God, and his superintending providence, confirmed, 67 1. By an appeal to the recorded sentiments and convictions of all nations which have left any writings, 67 2. By citing the sentiments of the American revolutionary Congress, . . 69 Belief in God, then, and his superintending providence, is alike the founda- tion of morals and religion, 70 Case of the heathen who knew God, but glorified him not as God, ... 70 To preserve that strong conviction and deep sense of God, which is the root and branch of practical morals, we must perform the duties which spring from the relation in which we stand to him, 71 CHAPTER II. The general Duty of Reverencing God. Analysis of the reverence which we owe to God, 71 Tendency and effect of levity, ridicule, sneering, and scoffing at religion, 72 CHAPTER III. The Duty of Worshipping God. There is a distinction between reverencing and worshipping God, ... 73 ANALYSIS OF THE CONTENTS. XV Page The special object of Divine worship, is to keep up in the mind a habit of devotion and reverence, 73 Divine worship, private and public, is both natural and reasonable, ... 74 This position illustrated by examples, and confirmed by argument, ... 74 The chief objection against prayer answered, 76 The subject matter of which prayer and thanksgiving ought to consist, . . 77 Remarks on the part of Divine service which consists of preaching and cate- chetical instruction, 79 Importance of catechetical instruction, 82 The benefits, public and private, of Divine worship, 82 3. It does not seem possible, in any other way, to keep up any practical knowledge of God, and the ascendency of Christian principles, .... 83 2. A large part of mankind have but small opportunities of receiving moral and religious instruction elsewhere than at church, . . • 84 3. Habitual joining in a common religious service has a tendency to unite mankind in the bonds of a common fellowship, and to cherish and enlarge the generous affections, 84 4. The various classes of mankind meet each other, in the church, on some- thing like equal terms, and this tends to check the exclusive spirit nour- ished by the artificial distinctions of human pride and power, .... 85 CHAPTER IV. The Observance of Sunday. The moral influence of the private and public worship of God, makes the observance of Sunday a matter of great moment in the view of the moral philosopher, 86 Review of the early history of the Hebrew Sabbath, 87 The question, whether the institution known originally by the name of the Sabbath, and in later times by the name of Sunday, was designed, save the mere change of the day, to be the same, and to be of perpetual obliga- tion, — argued and answered in the affirmative, 88 The duties which constitute a suitable observance of Sunday, 95 1. A cessation from labor; except the labor of attending and performing Divine service, and works of necessity and mercy, 96 2. Attendance on public worship, private prayer, reading, meditation, and the instruction of children and servants, 97 3. The appropriation of a part of the day to the moral and religious instruc- tion of children in Sunday schools, is one of the greatest moral improve- ments of modern times, 97 PART II. OUR RELATION TO OUR COUNTRY, AND THE MORAL DUTIES THENCE ARISING ; THAT IS, THE DUTIES OF PATRIOTISM. Christianity has made obedience to civil government imperatively binding on the conscience, 100 But Christianity does not teach unlimited obedience to civil government, much less does it inculcate a servile spirit, ,...•. 100 LS Xvi ANALYSIS OF THE CONTENTS. Page No obedience, too, is owed by any one, where the consequence must be a violation of his duty to God, 100 The duty of civil obedience is prescribed in the New Testament in strong terms, because of the overwhelming evils of anarchy and revolution, . 101 The right of revolution begins, at the point where civil obedience ceases to be a virtue, 101 What this point is, those who undertake a revolution must judge for them- selves, 101 Mr. Burke quoted in illustration of this subject, 101 Our Declaration of Independence has marked the right and duty of resistance with as much definiteness as seems practicable, 102 CHAPTER I. Moral Duties of Rulers of every Grade. Rulers of every grade occupy a common ground, and sustain a common re- lation to their country, from which spring important moral duties, . . . 103 It is their duty to guard themselves against faction and party spirit, which have been the bane of all free governments, 103 The peculiar facilities for usefulness, which they enjoy, are a great moral trust, and it is their duty to use them to advance the interests of educa- tion, good morals, humanity, religion, &c, 106 The dignity of office, by an easy transition, passes over to him who fills it; and, therefore, rulers are especially bound, in conscience, to see that their example in private be salutary in its tendency and influence, .... 108 CHAPTER II. Duties of the Citizens towards the Civil Magis- trate. The New Testament ranks these among the most important moral duties, 110 Civil governors are entitled to a fair, candid, and even favorable representa- tion of their sentiments, conduct, and official measures, Ill They are entitled, too, to a fair and reasonable active support, until their conduct has been such as to forfeit a liberal confidence, 112 Even when an administration comes into office against our wishes and en- deavours, they are still entitled to be judged by their measures, . . . 112 A line of distinction reasonably definite, drawn between a factious and a prin- cipled opposition, 113 The sentiments of Mr. John Quincy Adams on this subject, cited, . . . 114 CHAPTER III. The Dutv of the Citizen in regard to the Ex- ercise of the Elective Franchise. It is the duty of the citizen to exercise the elective franchise with integrity and discretion, . 115 The elective franchise is rightly regarded as a public trust, 115 In this country, this trust is one of much dignity and importance, . . . 116 It is an abuse of this trust to exercise it in furtherance of any private and selfish end, 116 Two questions of practical difficulty discussed. 1. How far a man may rightfully act with a party in times of public excitement. 2. How far, and in what ways, he may attempt to influence the votes of other electors, 116 Several practices common at elections animadverted on, 118 ANALYSIS OF THE CONTENTS. xvii Page CHAPTER IV. The Duty of the Citizens to cultivate a Patri- otic Spirit and the Patriotic Virtues. In the first stages of society, the great body of the people of every country were soldiers, 119 Much of the martial spirit has descended to our times, and is regarded by many as almost the exclusive test and evidence of patriotism, .... 120 Such a view of patriotism is unnatural, illiberal, and unreasonable, . . . 120 Patriotism analyzed into its elements, and illustrated by citing Vattel, . . 120 The martial spirit and virtues were esteemed superior to the peaceful spirit and civil virtues, in the time of Cicero, but this opinion was not received by him, 122 Moral power is the chief tower of strength to a country, 122 Hence a man may become a distinguished patriot, and be entitled to the highest honors of patriotism, without commanding an army, .... 122 CHAPTER V. The Duty of Citizens to keep Themselves well in- formed RESPECTING PUBLIC MEN AND PUBLIC MEASURES. Such information is necessary to exercise the elective franchise with integ- rity and discretion, 123 The founders of our political institutions relied for success on universal education, correct information, and good moral habits among the people, 123 To this end, our constitutions and laws have made education a subject of special recommendation and encouragement, 123 This position confirmed and illustrated by references to the constitutions and laws of the individual States and of the United States, 124 CHAPTER VI. The Duty of the Citizen to aid in the Defence of his Country, and in the Administration of Justice, by serv- ing on Juries, giving Testimony on Oath, &c. It is easy to understand, that peace is the interest of all nations, .... 127 Still, the most even-handed justice has not always secured this invaluable blessing to a nation, 127 We may trust, that hereafter an international tribunal may be established for the adjustment of national controversies, 127 In the mean time it is the duty of the citizen to aid in the defence of his coun- try, 123 The trial by jury commended, and the duty of the citizen to serve on juries, and to qualify himself for such service, explained and enforced, . . . 128 The distinction between malum prohibitum and malum per se, when made for the purpose of obeying one law and evading another, entirely unsound, 131 CHAPTER VII. Moral Duties of the United States, regarded as Communities, to One Another. States, kingdoms, commonwealths, all civil communities, are moral per- sons, responsible for their acts, and charged with various duties, . . .131 The United States owe to one another all the duties prescribed by the Law of Nature and Nations, , 131 The foundation of the Law of Nations stated and illustrated. 131 C xviii ANALYSIS OF THE CONTENTS. Page Certain violations of international duties noticed, 133 The peculiar duties of the United States to each other respect the preserva- tion of that harmony which so well becomes their intimate union, . . . 134 Three ways by which this harmony has been disturbed, noticed, .... 134 PART III. THE CHIEF RELATIONS OF MANKIND TO ONE ANOTHER, AND THE DUTIES THENCE ARISING. The importance of these relations, and a partial enumeration of them, . 138 The key to the morals of this branch of the subject given us by our Saviour in Matt. vii. 12 139 CHAPTER I, The Domestic Relations and the Duties springing from Them. The family is the original of all societies ; it was instituted by God himself; and is, of all, the most natural, the most permanent, and the most effective of good, 140 The family compared with various artificial associations, 140 Section I. The Relation of Husband and Wife, and their Reciprocal Duties. Almost universally, a Divine origin and a religious sanction have been be- lieved to pertain to this relation, 142 The importance of the marriage union, and the objects of its institution, not unworthy of its Divine origin, 143 Polygamy is as inconsistent with the law of nature, as it is with the ordi- nance of God, 144 A Scriptural view of the relation of husband and wife, and of its duties, 144 Two particulars dwelt upon and specially illustrated. 1. 'The practical ten- dency and purpose of the union of feeling and sentiment so much insisted on in the New Testament between married persons. 2. The precedence assigned to the husband, and the corresponding obedience enjoined on the wife, 145 Section II. Of Parents and Children. Children are universally felt to be the first hope and highest interest of their parents, . . 148 It is the duty of parents to educate their children. ......... 149 The extensive sense of the term education, explained, 149 It is the right and the duty of parents to discipline their children when young, within the bounds of a reasonable discretion, 152 Valuable extract (in a note) from Lord Woodhouselee's " Life of Lord Karnes," pertaining to education and discipline, 153 As children approach the age of discretion, the parental right of control and discipline is softened down into a right of advice and counsel, .... 155 This right of parental advice is specially important in respect to two partic- ulars. 1. The choice of the employments their children are to pursue in life. 2. The connexions in marriage which they may be disposed to form 156 ANALYSIS OF THE CONTENTS. xix Page The case of daughters who are unmarried, and who are likely to continue so, considered, 159 The duty of children to their parents, 159 The term " honor " highly appropriate to express this duty, 159 The special reward promised to children who honor their parents, . . . 160 Children, during their early years, are to render their parents a prompt and cheerful obedience, 161 Children are to give their parents the solace of their company and conversa- tion, wheu they become aged and infirm, 161 They are bound in conscience to meet, as far as possible, in after life, the expectations formed of them by their parents, 161 Section III. Of Brothers, Sisters, and more remote Relatives. The relation of brothers and sisters furnishes the natural foundation and oc* casions of permanent friendship and intimacies, 162 A peculiarity in the affection between a brother and a sister, noticed, . . 165 The degree, in which the more remote domestic relations are cherished, de- pends very much on the state of society in a country, 166 Section IV. ' Relation of Master and Servant. Servants have been reckoned a part of the families of their masters from the earliest times, and the relation has been familiar in every country, . . . 168 The Scriptural view of this relation and of the duties of the respective par- ties, 168 Mr. Reeve enumerates five classes of servants, but a division into three classes, is sufficiently accurate for the author's purpose, „ 169 Correlative rights and duties of masters and apprentices, 170 Correlative rights, duties, and responsibilities of masters and servants, who become such by their own contract, 171 Correlative duties of masters and servants who are " born in the house or bought with the money of their masters," 174 Cautions given to masters, and the abuses to which this relation is most lia- ble, adverted to, 175 Extract from the manuscript records of the Court of Appeals of South Caro- lina, pertaining to the law of master and servant, 175 CHAPTER II. The Relation of Principal and Agent. This relation embraces attorneys, brokers, factors, &c, 176 The general principle of the morals of principal and agent stated, .... 177 This relation may be created by a written document, or verbally without writing, or by an acquiescence in the assumed agency of another, . . , 177 Distinction between a confidential and a ministerial agent, 178 General principles of the intercourse between the principal and his agent, in respect to confidence reposed, the observance of good faith, the abuses of the relation, &c, 178 The case where the agent is made responsible for the issue of any business or enterprise intrusted to him, considered, 180 The class of cases in which the person employed advises and directs his , employer, 181 XX ANALYSIS OF THE CONTENTS. Page CHAPTER III. The Observance of Truth. The observance of truth is the chief of the personal virtues, and a disregard of it is among the most flagrant offences against manners, morals, and re- ligion, 181 Scriptural authorities on this subject cited and reviewed, 181 Importance of an adherence to truth tested by the consequences of general and indiscriminate falsehood, 182 The chief cases in which truth is violated, reviewed, 183 1. When facts, reasonings, &c, are suppressed or omitted, with the know- ledge or belief, that any one will thereby be led into error, 183 2. By speaking or writing with a view to produce a particular effect, but without much regard to the truth of what is spoken or written, if it is fitted to accomplish the desired end, 184 3. By the practice of repeating narratives and statements, without much or any inquiry into their credibility, and without much regarding whether they are true or false, 186 4. Certain forms of expression usual in fashionable circles of society, seem to be inconsistent with the sincerity of character and the simplicity and directness of intercourse, in which much of truth consists, 187 The case of a servant's denying his master, examined, . 188 CHAPTER IV. Oaths. The use of oaths on solemn occasions, coeval with the dawn of history, . . 190 The forms of oaths, and the ceremonies accompanying their administration, have been various in different ages and countries, 190 In respect to the form, the principle is now well established, that every man when admitted to an oath, shall be bound by the highest sanctions of his own religion, 192 An oath is a religious act, — its signification explained, 192 History, argument, and experience combine to satisfy us of the efficacy of oaths as securities for truth and integrity, 194 Complaints in regard to the abuse of oaths, have, during many years past, been frequent and general in England and the United States, .... 196 Summary of the author's sentiments on this part of the subject, .... 197 The New British statute of the 9th of September, 1835, by which declarations are very extensively substituted instead of oaths, solemn affirmations, and affidavits, reviewed, and commended for imitation in the United States, 198 Notice of oaths which are not binding, and of extra-judicial oaths, . . . 199 CHAPTER V. Observance of Promises. The non-observance of promises is the next highest and most dangerous infraction of good faith, after falsehood, 200 Difference between a promise and a declaration of intention, . . . • . 200 The meaning to be attached to a promise when its terms admit of more senses than one, 202 The manner in which promises are affected by conditions, 203 Our obligation in respect not only to promises, but to declarations and even to our conduct, is measured by the expectations which we knowingly and voluntarily excite, 204 ANALYSIS OF THE CONTENTS. xxi Page The cases in which promises are not binding, reviewed, 205 The nature and obligation of vows, considered, 213 CHAPTER VI. Observance of Contracts. The rule which in conscience governs the construction of all contracts stated, 214 There is a gratifying and instructive coincidence between the rules of Christian morals, and the rules and doctrines of the law, in regard to con- tracts, 214 The principles of Christian morals are recognised as the standard of the rules of law, and every contract, inconsistent with good morals, is against law and void, 220 This position illustrated by materials drawn from Story's " Equity Jurispru- dence " and " Conflict of Laws," 220 CHAPTER VII. The Duty of Mutual Assistance. Christian benevolence much more expansive than the limits of good-will, quoted from Plato and commended by Cicero, 226 Section I. Assistance given in the Way of Advice. It is only necessary to look into the records of biography, to be convinced how much good may be done, in this way, to the young, the modest, and the inexperienced, . 227 A striking instance illustrative of this observation, cited, 228 Section II. Assistance given in the Way of our Employments and Professions. This way of doing good is particularly in the power of legislators, oflicers in the civil, military, and naval service, lawyers, physicians, clergymen, &c, '. 22& Section III. Assistance given in the Way of Judicious Patronage and Encour- agement. Many persons, eminently useful and successful in life, have testified, that they owed all their success and usefulness to a little timely assistance and encouragement, 231 Several examples given by way of illustration ; among the rest, the case of Dr. Franklin, and a still more remarkable instance related by the Assistant Bishop of Virginia, 231 Section IV. Assistance in the Way of Almsgiving. No duty more frequently or more earnestly insisted on in the New Testa- ment than almsgiving, 233 With two directions given us by our Saviour, we are left to consult our own reason and experience in regard to the limits of the duty, the proper subjects of it, the most suitable occasions of its exercise, &c, .... 234 Almsgiving is a practical problem, to wit, to relieve the suffering poor ef- . fectually, and, at the same time, not to minister to vice and the increase of pauperism, 234 Christian almsgiving is among the great topics which have of late years en- gaged the attention of some of the best minds in Europe and in this coun- try, 234 xxii ANALYSIS OF THE CONTENTS. _ Page Former mistakes on this subject adverted to, 234 The chief abuses of almsgiving stated and illustrated, 235 Education, especially moral and religious education, the most beneficial of all the modes of almsgiving, 238 Furnishing the poor with employment is another unexceptionable way of benefiting them, 239 Alms given in considerable sums, to meritorious persons and families, may, under certain circumstances, be highly useful, 240 Alms dispensed through the intervention of hospitals, almshouses, infirma- ries, and asylums, considered, 240 Alms dispensed by charitable societies, considered, 241 Several popular objections to charitable societies, stated, 241 Five special rules given to direct charitable societies and individuals in dis- pensing alms, 242 The administration of alms by a system of poor-laws, examined, .... 248 Remarkable statements drawn from the late " Reports " of the English com- missioners on the poor-laws, 248 The new act of Parliament on this subject adverted to, 253 CHAPTER VIII. The Duties of Friendship. The question, whether mankind are accustomed to associate by the influ- ence of a natural principle, or by reason of the mutual aid which they can in this way derive from each other, answered, 253 The importance of using caution in the choice of friends, . . . , . . 254 The chief duties of friendship enumerated and illustrated, 255 The chief abuses and violations to which friendship is liable, 259 The duties imposed by the discontinuance of friendship, 261 CHAPTER IX. The Relation of Benefactor and Beneficiary, and its Duties. The nature of this relation stated, and the chief duties of the respective parties illustrated, 263 Two ways in which this relation may be abused by a benefactor, . . . 264 CHAPTER X. The Duties of Hospitality. The Scriptures of the Old and New Testament insist very much on these duties, . 264 The natural fruits of hospitality are, the cultivation of social intercourse, mutual kindness and good feeling, and the removal of unjust prejudices, 265 Two manifest abuses of hospitality to be guarded against, 265 CHAPTER XI. The Duties of Good Neighbourhood. The chief duties of good neighbourhood are, to render mutual aid, and to cultivate friendly intercourse, harmony, and good feeling among those, whose lot Providence has cast near each other, 267 The chief duties enjoined by law among neighbours, stated, 268 The chief causes, occasions, and circumstances, which are accustomed to disturb and injure neighbourhoods, reviewed, 269 ANALYSIS OF THE CONTENTS. xxiii PART IV. PERSONAL DUTIES AND OBLIGATIONS, OR THE DUTIES OF MEN TO THEMSELVES. Page CHAPTER I. The Duty of preserving Life and Health, includ- ing a Discussion of Suicide. Christianity looks upon our life and health, and all our other endowments, as so many talents intrusted to our administration, for the use of which we are responsible, 271 The duty of preserving life and health means much more than abstaining from positive and known injury to either; — it includes the use of the means of preserving them, 272 Suicide examined and shown to be opposed by philosophy, as well as by re- ligion both natural and revealed, 272 CHAPTER II. Improvement of the Corporeal Faculties. A good constitution of body, and a high improvement of the corporeal pow- ers, are the result of a judicious and persevering physical education, . . 278 The aid of the Roman satirist, Juvenal, used, in describing the perfection of the physical, intellectual, and moral man, 278 CHAPTER III. Cultivation of the Powers of the Mind. Mental cultivation and excellence of whatever kind are, with slight qualifi- cations, the fruit of the personal sacrifices, efforts, and energy of the indi- vidual, 279 The various faculties of our nature should be cultivated in due proportion, harmony, and consistency with each other, 280 The ancient opinion, that scientific knowledge is attainable but by a few, must, with the present facilities of printing, be received with much quali- fication, 281 CHAPTER IV. Cultivation of a strong, delicate, and perma- nent Sense of Duty. The being governed by a sense of duty comprises a suitable regard to every consideration, principle, sentiment, opinion, relation, fact, and circum- stance, from which any duty of any kind can spring, 289 CHAPTER V. The Duty of cultivating Personal Religion and the Personal Virtues. The sentiments of Lord Chatham and of the late Sir Humphrey Davy on the importance of cultivating personal religion, cited, 291 The importance of cultivating the personal virtues and the best means of doing so, illustrated by the examples of President Edwards and Dr. Franklin, 294 The cultivation of personal religion and of the personal virtues contributes essentially to health, length of days, and success in the business of life, 300 xxiv ANALYSIS OF THE CONTENTS. Page CHAPTER VI. The Duty of cultivating a Delicate Sense of Honor. True honor analyzed by the aid of Cicero, and shown to consist of the finest elements of feeling, of sentiment, and of action, 302 False honor is the misunderstanding, the abuse, and the perversion of true honor, 303 CHAPTER VII. The Duty of guarding Ourselves against Pre- judices, Antipathies, &c. The effect of prejudice, prepossession, bias, &c, is, to disturb the reason, to cloud and darken the understanding, and to pervert the conscience, 304 In their more intense degrees, they are unquestionably criminal, and they all imply something wrong in our habits, education, ways of thinking, or usual state of feeling, 305 History of prejudice illustrated by reference to personal experience, . . . 308 PART V A REVIEW OF THE CHIEF PROFESSIONS AND EMPLOYMENTS OF LIFE, SO FAR AS REGARDS THE MORAL DUTIES WHICH THEY INVOLVE ; THEIR MORAL PRINCIPLES, PRACTICES, INFLUENCES, AND TENDENCIES. To the various professions and employments of life, a well-ascertained rank in general estimation is attached, which has been much the same at all times, and in all countries 309 Illustration of this position drawn from the writings of Cicero, .... 309 CHAPTER I. A Review of the Profession of the Law, includ- ing a Moral Estimate of the Legal Profession, so far as it NATURALLY COMES UNDER THE VlEW OF THE MORAL PHILOSOPHER. All the best authorities insist, that good morals are essentially requisite to the attainment of the highest order of excellence and success in the study and practice of the law, 311. This position sustained by authority and argument, 31 1 Professional honor and integrity will forbid the lawyer to engage in a busi- ness of notorious wrong; but here a nice distinction arises, 313 Two very manifest principles laid down by Sir James Mackintosh, . . . 313 The acquirements most essential to the success of the lawyer, 315 The main tendency of the legal profession is, to elevate the moral character, but there are incidental tendencies, which, unless guarded against, will degrade the personal and professional character of the lawyer, .... 315 A striking difference between American and English lawyers, noticed, . . 318 Anticipations of Mr. Justice Story in respect to American lawyers, . . . 319 Duties of the lawyer towards his client, 320 The judicial character is naturally the perfection of the character formed under the influence of the study and practice of the law, 321 ANALYSIS OF THE CONTENTS. XXV Page The judicial qualities requisite to the successful administration of justice, enumerated, 321 There are various occasions in the life of a judge, of which he ought to avail himself to advance and strengthen the cause of good morals, .... 322 The general unsullied purity of the English and American Bench, noticed, 322 CHAPTER II. The Moral Influence and Tendency or the Study and Practice of Medicine and Surgery, with the Duties of a Physician to his Patients, to the Families into which he is ad- mitted, to other Physicians, and to Society in general. Result of Dr. Rush's inquiry into the lives of physicians, 323 Defects imputed to physicians, and ascribed to the study and practice of medicine, 324 The inquiry, whether the study and practice of medicine tend to originate and nourish infidel feelings and sentiments, answered, 325 Sir Henry Halford quoted respecting the duty of a physician to make his patient acquainted with the probable issue of a malady manifesting mor- tal symptoms, 327 The confidential nature of the relation, in which the physician stands to his patient, and to the families into which he is admitted, illustrated, . . . 328 Circumstances in the medical profession which render competition among physicians more bitter, than among the members of the other professions, adverted to, 329 The complaints made against physicians, enumerated, 329 The temperance reformation much indebted to physicians, 330 CHAPTER III. Moral Influence of the Clergy on Society, in- cluding an Estimate of the Clerical Character. The morals of the clergy are the natural exemplification of the religion which they preach, 331 " By their fruits we are to know " all men, and, when subjected to this rea- sonable test, the Christian clergy, as a body of men, will not be found wanting, 331 But more particularly, — Christianity was planted and built up chiefly by the labors, dangers, sufferings, and privations of the clergy, in every country which now enjoys its blessings, 332 The clergy have taken the lead in establishing institutions of learning, and other institutions which have meliorated the condition of mankind, . . 335 The general influence of the parochial clergy on manners, morals, and whatever else is ranked under the comprehensive term civilization, has been most effective and salutary, 337 This position confirmed by a striking quotation from Dr. Arnold, and by the testimony of the " Edinburgh Review," 337 Two defects generally imputed to the clergy, examined and answered, . . 339 CHAPTER IV. Moral Influence and Duties of Men of Letters. Men of letters form a class considerable in point of numbers, and still more so in respect to the influence which they exercise on society, .... 340 d XXVI ANALYSIS OF THE CONTENTS. Page Men of letters are chiefly responsible for the use which is made of the press, the most mighty instrument for good or for evil, ever known, .... 340 The distinction between the freedom of the press and its licentiousness, stated and illustrated, 341 The press is abused, when it is employed to circulate slander, misrepresen- tation, calumny, and falsehood, in any of its forms, modifications, or de- grees, 343 Men of letters criminally abuse the press, when they make their writings the vehicle of immoral sentiments, or employ them to rouse and inflame the licentious passions, 344 The press is still more criminally abused, when it is turned to the disparage- ment, misrepresentation, and vilification of the Christian religion, . . . 344 Remarks on the influence of Gibbon's " History of the Decline and Fall of the Roman Empire," 346 Duty and interest of men of letters to use their knowledge for the good of society, 346 It is their duty to supply the public with the materials of reading, of an ap- propriate kind and in the greatest abundance, 347 CHAPTER V. Moral Tendency and Influence of Agriculture as a Profession. The antiquity, dignity, and importance of agriculture, 348 Traits of character which the pursuit of agriculture is fitted to cherish, no- ticed, 350 Judge Harper quoted respecting a- difference between the agricultural char- acter of the Northern and Southern United States, 350 CHAPTER VI. Moral Tendency and Influence of Commerce and Merchandise as a Profession. The reputation of our country for probity and honor depends on our mer- chants, more than on any other class of our citizens, 351 Merchants are the peacemakers of the world, for they show it to be the inter- est and happiness of all to remain at peace; they bring distant nations together, and teach them to know and aid each other, 352 The risks and perils incident to the pursuit of commerce, described, . . . 352 Estimation in which American merchants are held in Europe, 353 The moral duties imposed on a bankrupt merchant, have respect to the ap- proach of his bankruptcy, and again, to the state of things when bank- ruptcy has actually overtaken him, 354 The preference given to endorsers and other preferred creditors in cases of bankruptcy, animadverted on, -. 355 The education requisite for a successful merchant, 358 Merchants have generally been held in high estimation, 360 CHAPTER VII. Moral Tendency and Influence of Manufactur- ing Establishments. Notice of the contents of a Report made to the Legislature of Massachu- setts, in 1836, which shows the state of feeling and opinion in that State, 360 ANALYSIS OF THE CONTENTS. xxvii Page Evils of manufacturing establishments in England, and which are begin- ning to be felt in this country, noticed, and remedies suggested, . . . 362 CHAPTER VIII. Moral Tendency and Influence of the various Mechanical Trades. Influence of mechanical employments, according as they are active or se- dentary, pursued under shelter or in the open air, 364 Enumeration of some special moral rules pertaining alike to all the profes- sions and employments of life, 365 PART VI. A SPECIAL CONSIDERATION OF CERTAIN DUTIES AND VIR- TUES, OF A CHARACTER PECULIARLY CHRISTIAN, AND A SIMILAR CONSIDERATION OF CERTAIN VICES AND EVILS CHAPTER I. Duty of Forgiving Injuries. The importance claimed for this duty in the New Testament, and a notice of the difficulties in the way of practising it, 371 The rule of forgiveness is peculiarly adapted to the nature of man, . . . 373 It is admirably adapted to man's character and condition, 376 It is the only way of securing a permanent victory over evil, 378 The intrinsic nobleness of the rule of forgiveness illustrated, 379 CHAPTER II. Christian Charity. The importance ascribed to charity in the New Testament, 381 The chief particulars in which this duty consists, illustrated, 382 The chief cases in which this duty is violated, reviewed, ....... 392 The chief considerations by which this duty is qualified, 401 CHAPTER III. Intemperance in Drinking. The nature and occasions of intemperance in drinking, 405 The signs of intemperance, noticed and illustrated, 409 The chief evils of intemperance, enumerated, . , 414 The remedies of intemperance, reviewed, 416 CHAPTER IV. Gaming, including an Examination of the Moral Tendency and Influence of the Lottery System. Notice of the lottery system as a measure of finance, 419 The moral tendency and effects of this system, illustrated, 422 It has reduced many persons to insolvency, 423 It has led to numerous cases of embezzlement, breach of trust, &c, . . . 424 Intemperance and suicide have very often been the consequences of this system, 424 The effects of drawing prizes upon those who have drawn them, noticed, 425 A comparison between the lottery system and ordinary gaming, .... 425 Tendency of this system to raise up idlers, gamesters, &c, ....*. 427 XXVlll ANALYSIS OF THE CONTENTS. CHAPTER V. Duelling. Difficulty of treating this subject by argument, because the advocates of this practice do not defend it in this way, 428 The paper left by Alexander Hamilton reprinted (in a note), and its reason- ings carefully analyzed, 429 CHAPTER VI. Theatrical Amusements. Sentiments of the Old Congress respecting these amusements, 432 The chief objections felt by the great body of serious Christians against theatres and theatrical amusements, stated, 433 CHAPTER VII. Immoral Influence of Skepticism. The skeptical system subverts the foundation of morals, 438 Its influence on the formation of character is most disastrous, 443 Especially it nourishes vanity (egotism), ferocity, and sensuality, .... 444 CONCLUSION. Review of the Means which may be relied upon to improve the Moral Condition of Mankind, and to advance Human Happiness. The moral condition of mankind may be improved, 1. By the extension of Christianity in the earth, . . . j 453 2. By extending education and general intelligence, 457 3. By extending freedom and well-regulated free institutions, 462 4. By the effectual prohibition of gaming, the lottery system, &c, . , . 463 5. By correcting public opinion through the press, the pulpit, &c, . . . 464 Every thing promotive of good morals, is preeminently productive of hap- piness ; but, to secure this last end, we must more particularly rely 1. On still further inventions in labor-saving machinery, 468 2. On the reformation of our criminal law, and the codification of our law generally , so far as the nature of the case permits, ........ 471 3. On the penitentiary system, contemplated as a means of meliorating the condition of mankind, 480 4. On applying the principles of insurance more extensively than they have been hitherto applied, 485 5. On the prevalence of the spirit and principles of peace 490 ELEMENTS OF MORAL PHILOSOPHY PRELIMINARY PRINCIPLES AND DISCUSSIONS. Man may be viewed under several aspects, — he consists of body and soul, — he has both an animal and a rational na- ture, — he is both an intellectual and a moral being, — he re- quires an education suited to his circumstances in this life, and to his destiny and prospects in the life to come. On these several parts of human nature, several sciences have been found- ed, having for their object to investigate and explain the struc- ture of the human body, and the faculties of the human un- derstanding. These several branches of human nature, — the animal, intellectual, and moral, have been recognised at all times and by all nations ; and the distinctions on which they rest, are even seen in the structure of every language.* It is the object * u Words are signs of thought; and from words themselves (without follow- ing them through all their inflexions and combinations in the finished structure of a language) we may see into the natural feelings and judgments of men 7 before they become warped by the prejudices of sect, or the subtilties of sys- tem. If, in reading the ancient writers, we meet with words describing virtue and vice, honor and dishonor, guilt and shame, coupled with the strongest epithets of praise or condemnation ; then we are certain that those things ex- isted as realities before they became words ; or at least, that in the minds of those, who, during the early progress of society, built up the ancient languages, they were considered as realities ; and on that account (and that account on- ly) had their representatives among the symbols of thought. I believe we might in this way make a near approach to a true system of moral philosophy ; and our progress would at every step record a series of judgments, not derived 1 2 PRELIMINARY PRINCIPLES of Moral Philosophy, to investigate the moral constitution of man and the appropriate sphere of his duties ; to determine the standard by which the various branches of duty may be meas- ured ; and to prescribe rules for our guidance in the principal employments and situations in which men may be called to act, and in the chief relations of life which they are accustomed to sustain. In moral philosophy, as in most other sciences, there is a practical part, and a part which may be called theoretical or speculative ; and, in respect to the last of these, we shall perceive, by adverting to the history of Ethics, that there has been quite the usual diversity of sentiment which we are accus- tomed to see among men. Socrates, usually called among the ancients the Prince of Philosophers, maintained, that an action, to be good, must be both useful and honorable (utile et honestum) ; and he was accustomed to express the strongest disapprobation of those, who, holding that an action might be useful without being honorable, first drew a distinction between the usefulness and the rectitude of an action.* According to Plato, virtue consists in that state of mind in which every faculty confines itself within its proper sphere, without en- croaching upon that of any other, and performs its proper office with that precise degree of strength and vigor which belongs to it.f In the view of Aristotle, each particular virtue lies in a kind of medium between two opposite vices, of which the one offends by being too much, the other by being too little, affected by a particular species of objects. Thus the virtue of fortitude or courage lies in the medium between the opposite vices of cowardice and of presumptuous rashness, of which the one offends from being too much, and from any doubtful train of reasoning, but forced on men by the very condition of their existence." Again, " The judgment of conscience, declaring to us that we are responsible for our deeds, is recorded in the language and institu- tions of every civilized nation in the history of the world. If this does not satisfy the metaphysician, it is at least enough for the Christian moralist, whose rule of life is simple, and whose light is clear." — Professor Sedgwick, on the Studies of the University of Cambridge, pp. 33, 70. * Cic. De Off. Lib. III. c. 3. i Smith's Theory of Moral Sentiments, Vol. II. p. 69. AND DISCUSSIONS. 3 the other from being too little, affected by objects of fear. Thus, too, the virtue of frugality lies half way between avarice and profusion, of which the one consists in an excess, the other in a defect, of the proper attention to the objects of self- interest. Magnanimity, in the same manner, consists in a me- dium between the excess of arrogance and the defect of pusil- lanimity, of which the one consists in too extravagant, the other in too weak, a sentiment of our own worth and dignity. This view is well expressed by Horace, — Est modus in rebus; sunt certi denique fines, Quos ultra citraque nequit consistere rectum.* Aristotle also made virtue to consist in practical habits ; and, in doing this, he probably designed to oppose the doctrine of Plato, who seems to have been of the opinion, that just sentiments and reasonable judgments, concerning what was fit to be done or to be avoided, were alone sufficient to constitute the most perfect virtue. Virtue, according to Plato, might be considered as a species of science ; and no man, he supposed, could see clearly and demonstratively what was right and what was wrong, without' acting accordingly. Passion might make us act contrary to doubtful and uncertain opinions, not to plain and evident judg- ments. Aristotle, on the contrary, was of opinion, that no con- viction of the understanding merely, was capable of insuring a control over inveterate habits, and that good morals consisted not so much in knowledge, as in action. f According to Zeno, the founder of the Stoical doctrines, virtue consisted in choosing and rejecting all different objects and circumstances, according as they were by nature rendered more or less the objects of choice or rejection ; in selecting al- ways, from among the several objects of choice presented to us, those which were most to be chosen, when we could not obtain them all ; and in selecting too, out of the several objects of re- jection offered to us, those which were least to be avoided, when it was not in our power to avoid them all. By choosing and rejecting with this just and accurate discernment, by thus be- stowing upon every object the precise degree of attention it de- * Sat. I. i. 106, 107. I Smith's Moral Sentiments, Vol. II. p. 70= 4 PRELIMINARY PRINCIPLES served, according to the place which it held in this natural scale of things, was maintained, in the view of the Stoics, that perfect rectitude of conduct, which constituted the essence of virtue. This was what they called living consistently, living according to nature (convenienter naturae vivere), and obeying those laws and directions which nature, or the author of nature, has prescribed for our conduct.* The system of Epicurus agreed with those of Plato, Aris- totle, and Zeno, in making virtue to consist in acting in the most ->vsuitable manner to obtain the primary objects (prima natural) of natural desire. It differed from them all in two respects ; 1. in the account which it gave of those primary objects of natural desire, and, 2. in the account which it gave of the excellence of virtue, or of the reason why that quality ought to be esteemed. The primary objects of natural desire consisted, according to Epicurus, in bodily pleasure and pain, and in nothing else ; whereas, according to the other abovenamed philosophers, there were many other objects, such as knowledge, such as the happiness of our relations, of our friends and of our country, which were ultimately desirable for their own sakes. Virtue, moreover, ac- cording to Epicurus, did not deserve to be pursued for its own sake, nor was itself one of the ultimate objects of natural appe- tite, but was eligible only upon account of its tendency to pre- vent pain and to procure ease and pleasure. In the opinion of the other philosophers, on the contrary, virtue was desirable, not merely as the means of procuring the other primary objects of natural desire, but as something which was in itself more valua- ble than all of them.f Nor has this diversity of sentiment on the theory of morals been confined to the ancient philosophers. Modern writers have not concurred in their views on the theoretical part of the sub- ject. The opinion of Dr. Samuel Clarke is, that moral obliga- tion is to be referred to the eternal and necessary differences of things ; and he makes virtue to consist in acting suitably to the different relations in which we stand. Wollaston's theory is, that moral good and evil consist in a conformity or disagreement * Smith's Moral Sentiments, Vol. II. p. 71. t Idem, p. 93. AND DISCUSSIONS. 5 with truth, in treating every thing as being what it is. Lord Shaftesbury makes virtue to consist in maintaining a proper bal- ance of the affections, and in allowing no passion to go beyond its proper sphere. Dr. Paley teaches, that it is the utility of any action alone, which constitutes the obligation of it.* Dr. Adam Smith resolves moral obligation into propriety, arising from feelings of sympathy. Mr. Bush considers the communi- cated will of God the grand expositor of human duty ; while Dymond says, that this will not merely declares the distinction between right and wrong in regard to moral conduct, but also is itself the constituting cause of moral good and evil.f The immutable principles of morality necessarily result, says Dr. Appleton, from the nature of things, and from the relations which they have to one another. As God is the author of all things, the relations subsisting between them may be considered as de- pending on him. But, while objects continue in all respects as they are, no change can be produced in their relations. It is absurd, continues he, to ascribe to Deity the power of changing vice into virtue, or virtue into vice 4 Right and wrong, says Dr. Price, denote what a&tjons are. Now whatever any thing is, that it is, not by will, or decree, or power, but by nature and necessity. Again, the natures of things being immutable, what- ever we suppose the natures of actions to be, that they must be immutably. If they are indifferent, this indifference is itself immutable. The same is to be said of right and wrong, moral ^ good and evil, as far as they express real characters of actions. They must immutably and necessarily belong to those actions, of which they are truly affirmed. § u God hath given us," says Bishop Butler, u a moral faculty, by which we distinguish be- tween actions, and approve some as virtuous and of good desert, and disapprove others as vicious and of ill desert. This moral ' discernment," continues he, "implies a rule of action, and a rule of a very peculiar kind ; for it carries in it authority and a right of decision ; authority in such a sense, that we cannot * Ipsa utilitas, justi prope mater et aequi. — Hor. Sat, I. iii. 98. t See Editor's Preface to Dymond's Essays, p. 7. t Addresses, p. 103. § Review of Questions on Morals, p. 37. 6 PRELIMINARY PRINCIPLES depart from it without being self-condemned. And the dictates of this moral faculty, which are by nature a rule to us, are more- over the laws of God, laws in a sense including sanctions."* But, as great as has been the diversity of opinion and defi- nition in regard to the theoretical part of morals, there has been a coincidence of sentiment on the 'practical part of the subject, as remarkable as it is gratifying. In truth, it may well be doubt- ed, whether, beyond the pale of the exact sciences, there has been on any subject an equal concurrence of sentiment among mankind. " There is no tribe," says the late Sir James Mack- intosh, " so rude as to be without a faint perception of a differ- ence between right and wrong ; there is no subject on which men of all ages and nations coincide in so many points as in the general rules of conduct, and in the qualities of the human char- acter which deserve esteem. Even the grossest deviations from the general consent," continues he, u will appear on close ex- amination to be, not so much corruptions of moral feelings, as either ignorance of facts, or errors with respect to the conse- quences of action- or cases in which the dissentient party is in- consistent with other parts of his own principles, which destroys the value of his dissent ; or where each dissident is condemned by all the other dissidents, which immeasurably augments the majority against him." Again he says, "If we bear in mind, that the question relates to the coincidence of all men in con- sidering the same qualities as virtues, and not to the preference of one class of virtues by some, and of a different class by others, the exceptions from the agreement of mankind in their system of practical morality will be reduced to absolute insig- nificance ; and we shall learn to view them as no more affecting the harmony of our moral faculties, than the resemblance of the limbs and features is affected by monstrous conformations, or by the unfortunate effects of accident or disease, in a very few in- dividuals."! The same distinguished writer says of Grotius, who had cited poets, orators, historians, and philosophers, that " he quotes them as witnesses whose conspiring testimony, might- ily strengthened and confirmed by their discordance on almost * Butler's Works, p. 134. London, 1828. t Progress of Ethical Philosophy, pp. 9, 10. AND DISCUSSIONS. 7 every other subject, is a conclusive proof of the unanimity of the whole human race on the great rules of duty and the fun- damental principles of morals." * 44 The object of Grotius," says Chancellor Kent, u was to correct the false theories and pernicious maxims of his time, by showing a community of sentiment among the wise and learn- ed of all nations and ages, in favor of the natural law of mo- rality." Again he says, " Grotius went purposely into the de- tails of history and the usages of nations, and resorted to the testimony of philosophers, historians, orators, poets, civilians, and divines, because they were the materials out of which the science of morality was formed ; and when many men, at different times and places, unanimously affirmed the same thing for truth, it ought to be ascribed to some universal cause." f u Mr. Hume," says Sir James Mackintosh again, " at the same time that he in- geniously magnifies the moral heresies of two nations so polished as the Athenians and the French, still says, c In how many cir- cumstances would an Athenian and a Frenchman of merit re- semble each other ? Humanity, fidelity, truth, justice, courage, \ temperance, constancy, dignity of mind.' Of this conclusion it has been well said, that Mr. Hume has very satisfactorily re- solved his own difficulties ; and that almost every deviation which he imputes to each nation, is at variance with some of the vir- tues justly esteemed by both ; and that the reciprocal condemna- tion of each other's errors, which appears in his statement, enti- tles us, on these points, to strike out the suffrages of both, when collecting the general judgment of mankind." J " The sentiments upon which men differ so greatly," says Voltaire, "are not necessary to men; it is even impossible that they should be necessary, for this reason alone, that the truth respecting them is hidden from us. It was indispensable, that all fathers and mothers should love their children ; there- fore they do love them. It was necessary that there should be some general principles of morals, in order that society might subsist ; therefore these principles are the same among all civil- * Discourse on the Law of Nations, p. 24. London, 1828. f Commentaries on American Law, Vol. I. pp. 16, 17. X Mackintosh's Progress of Ethical Philosophy, p. 10. \ 8 PRELIMINARY PRINCIPLES ized nations. Whatever is an eternal subject of dispute is always useless." # u We have implanted in us by Providence," says Mr. Burke, " ideas, axioms, rules, of what is pious, just, fair, honest, which no political craft, nor learned sophistry, can entirely expel from our breasts." f Lord Karnes, after an imposing array of exceptions, says ; u These facts tend not to disprove the reality of a common sense in morals ; they only prove, that the moral sense has not been equally perfect at all times, nor in all countries. A nation, like an individual, ripens gradually, and acquires a refined taste in morals as well as in the fine arts ; after which we find great uniformity of opinion about the rules of right and wrong ; with few exceptions, but what may proceed from imbecility or cor- rupted education. There may be found, it is true, even in the most enlightened ages, men who have singular notions in mo- rality, and in many other subjects ; which no more affords an argument against a common sense or standard of right and wrong, than a monster doth against the standard that regulates our ex- ternal form, or than an exception doth against the truth of a general proposition." Again he says, " That there is in man- kind a uniformity of opinion with respect to right and wrong, is a matter of fact, of which the only infallible evidence is ob- servation and experience, and to that evidence I appeal. This uniformity of sentiment, which may be termed the common sense of mankind with respect to right and wrong, is essential to x social beings. Did the moral sentiments of men differ as much as their faces, they would be unfit for society ; discord and controversy would be endless, and the law of the strongest would be the only rule of right and wrong." J All men, then, agree, that there are acts which ought to be done, and acts which ought not to be done ; the far greater part - N of mankind agree in their list of virtues and duties, of vices and crimes ; and the whole human race, as it advances in other im- provements, is as evidently tending towards the moral system of the most cultivated nations, as children, in their growth, tend to * Lettre a Madame la Marquise du Deffand. f Works, Vol. I. p. 41. X Sketches of. Man, Vol. IV. pp. 19-21, AND DISCUSSIONS. 9 the opinions as much as to the experience of full-grown men.* William Penn, in the council and consultation "which he held with the Indians of his province in 1683, found that these savages believed in a state of future retribution, and that the vices enumerated by them, as those which would consign them to punishment, corresponded remarkably with similar enume- rations in the Christian Scriptures. They said that lying, theft, swearing, murder, and the like, would expose them to punishment in a future life ; and the New Testament affirms, that those who are guilty of adultery, fornication, lying, theft, mur- der, &c, shall not inherit the kingdom of God." f We may con- clude, therefore, with Dr. Hartley, that "the rule of life drawn from the practice and opinions of mankind, corrects and im- proves itself perpetually, till at last it determines entirely for virtue, and excludes all kinds and degrees of vice. "J But this position admits of still further authoritative confirma- tion. " History," says Sir James Mackintosh, " is now a vast museum, in which specimens of every variety of human nature may be studied. From those great accessions to knowledge, lawgivers and statesmen, but above all, moralists and political philosophers, may reap the most important instruction. They may plainly discover, in all the useful and beautiful variety of governments and institutions, and under all the fantastic multi- tude of usages and rites which have prevailed among men, the same fundamental, comprehensive truths, the same master prin- ciples which are the guardians of human society, recognised and revered (with few and slight exceptions) by every nation upon earth, and uniformly taught (with still fewer exceptions) by a succession of wise men from the first dawn of speculation to the present moment. The exceptions, few as they are, will, on more reflection, be found rather apparent than real. If we could raise ourselves to that height from which we ought to survey so vast a subject, these exceptions would altogether van- ish ; the brutality of a handful of savages would disappear in the immense prospect of human nature, and the murmurs of * Mackintosh's Progress of Ethical Philosophy, p. 1 1. t See Dymond's Essays on Morality, pp. 72, 73. t Quoted by Sir James Mackintosh in his Progress, &c, p. 11. 2 10 PRELIMINARY PRINCIPLES a few licentious sophists would not ascend to break the general harmony. This consent of mankind in first principles, and this endless variety in their application, which is one among many valuable truths which we may collect from our present exten- sive acquaintance with the history of man, is itself of vast im- portance."* Dr. Paley has, it is true, presented an imposing array of vices and crimes practised in some age or country, and countenanced by public opinion ; but, in doing this, he has most manifestly mistaken the exceptions for the rules which govern human sen- timents and conduct. This might be made very clear by a careful analysis of the subject ; but it may be still more satis- factory to permit Dr. Paley to destroy his own position, by cit- ing his authority against himself. cc The direct object of Chris- tianity," says this valuable writer, "is to supply motives and not rules, sanctions and not precepts. And these," continues he, " were what mankind stood most in need of. The mem- bers of civilized society can, in all ordinary cases, judge toler- ably well how they ought to act ; but, without a future state, or, which is the same thing, without credited evidence of that state, they want a motive to their duty ; they want at least strength of motive sufficient to bear up against the force of pas- sion, and the temptation of present advantage."! This obser- vation rests entirely on the admission, that men substantially concur in their views of practical morals. Again, he says, still more decisively, " that moralists, from whatever different principles they set out, commonly meet in their conclusions ; that is, they enjoin the same conduct, prescribe the same rules of duty, and, with a few exceptions, deliver upon dubious cases the same determinations."^ Here we have the clear and deci- sive authority of Dr. Paley himself, in favor of the substantial agreement of mankind in the department of practical morals. This general concurrence of sentiment lays a firm and safe foun- dation on which to build a superstructure. The practical department of moral philosophy contemplates * Discourse on the Law of Nations, pp. 35, 36. t Evidences of Christianity, p. 224. London, 1825. t Moral and Political Philosophy, pp. 34, 35. AND DISCUSSIONS. 11 two objects ; the formation and cultivation of a permanent, strong, and delicate sense of duty ; and a knowledge of the chief principles and rules, which determine our duty in the va- rious situations and relations of life. It may be said with the most perfect truth, that there is no quality of the human character so fundamental as the possession of a high and permanent sense of duty. It is composed of the choicest elements of character, the passions under the control of the reason, the will directed by the understanding, a conscience alive to the most delicate moral impressions, and suitable motives steadily and effectually influencing the conduct. It is something more than an upright intention ; this is often seen in persons whose sense of duty is comparatively slight ; it includes an ac- tive, vigilant, persevering desire of practical usefulness. The sense of duty gives a tone to the entire character and conduct of the man. It leads him to act from fixed and well considered principles of action, and not from passion, preju- dice, and the impulse of the occasion and of the moment. The supreme object in the mind of every good man is, the upright discharge of the full measure of his duty ; and in this discharge consist the highest honor and happiness, which human nature is capable of attaining. Cicero well says, " No part of life, public or private, in the business of the forum or in domestic affairs, in regard to ourselves or as we stand in relation to other men, is without the obligation of duty, and in the discharge of these obligations consists all the honor of life ; as, on the other hand, all baseness and dishonor spring from the neglect of them."* Every man, then, has his own sphere of duty., his peculiar field of usefulness, the cultivation or neglect of which will inevitably*" lead to honor or dishonor, approbation or reproach, general credit or public shame, to the torments of remorse on the one hand, or on the other to the peace of mind which passeth all understanding. f A sense of duty, therefore, includes all the qualities of mind and heart which are accustomed to be esteemed most valuable, * De Officiis, Lib. I. c. 2. t See Mackintosh on the Study and Practice of the Law, pp. 20 - 26. 12 PRELIMINARY PRINCIPLES and which, in their practice, have ever been found most difficult. Its exercise requires physical courage of the highest order, as it sometimes brings us into collision with the passions and in- terests of the powerful. It requires moral courage of an equally high order, as it may compel us to meet and to brave the frowns, the rebukes, and the scorn of public opinion. It implies a sac- rifice of ease, as it calls for patient labor and unremitting ac- tivity. Apparent self-interest must frequently be sacrificed to its dictates ; for the cases are not few, in which duty seems to call one way and interest another. Magnanimity is necessary to its full exercise, since this many times requires us to pass by the neglect, the provocations, and the overbearing conduct of other men. It requires us to fulfil the law of Christian love, by regarding and treating every man as our neighbour, whose comfort and interest it is in our power to consult, and whose welfare, moral or spiritual, it is in our power to advance. All these qualities, and many more, so trying to human nature, and requiring in their exercise the best qualities of the heart and of the understanding, are combined in the sense of duty, when most perfectly cultivated and matured. The sense of duty being thus complex, — consisting of the choicest elements of feeling, sentiment, and action, is difficult to be analyzed completely, — we must, therefore, be contented with such an imperfect analysis, as, with the aid of the preceding ob- servations, we can make. It embraces, — 1. A moral sense, that is, a sense of moral obligation and responsibility. 2. The having a reasonable, definite, and valuable object of pursuit in life, and the being governed in our conduct by moral and religious rules. No one can have any sense of duty who is conscious of living for no purpose, and of being governed by no moral rule.* 3. In a Christian country, and in a cultivated state of society, it further consists in a supreme regard to the authority of God, and a regard for all other men viewed as brethren of the same great family. 4. A conscientious regulation of our lives and conver- sations with reference to the rewards and punishments of the life to come as well as of the present life. 5. Industry, activity, * Paley's Moral and Political Philosophy, p. 30. — Persius, Sat. III. 60-62. AND DISCUSSIONS. 13 patience, and perseverance, in the sphere of duty and usefulness, however humble, which, in the order of Providence, has been assigned us. No man supremely devoted to habits of self-indulgence, self- gratification, personal ease, and sloth, can be much under the in- fluence of a sense of duty. It is this sense of duty, which is the mainspring of all that is noble and praiseworthy in human char- acter and conduct; and it is this especially, which it is the object of moral philosophy to strengthen and otherwise cultivate. It is this sense of duty, which has led men of the best hopes and talents in every age and nation, without expectation of reward, to devote themselves to the service of their country and the good of mankind. It was this sense of duty, which led Wash- ington and his illustrious compatriots to undertake the arduous and unpromising enterprise of the American revolution, and to sustain the labors, hardships, discouragements, and the thousand other trials, by which they wrought out the political salvation of their country. It was this which led the philanthropic Howard " to visit all Europe, — not to survey the sumptuousness of palaces, or the stateliness of temples ; not to make accurate measurements of the remains of ancient grandeur, not to form a scale of the curiosity of modern arts, nor to collect medals or collate manuscripts ; — but to dive into the depths of dungeons ; to plunge into the infection of hospitals, to survey the mansions of sorrow and pain ; to take the gauge and dimensions of misery, depression, and contempt ; to remember the forgotten, to attend to the neglected, to visit the forsaken, and compare and collate the distresses of all men in all countries. " # It was this, which led the apostles of our Saviour, and other early preachers of his gospel and original witnesses of his miracles, voluntarily to sub- ject themselves to unexampled labors, dangers, and sufferings, in attestation of the accounts which they delivered, and solely in consequence of their belief of these accounts, and, from the same motives, to submit to new and unusual rules of life and conduct. f It is the same sense of duty, which has led the preachers of Christianity, in every age, to devote themselves to the intellectual, * Mr. Burke's Eulogium. i See Paley's Evidences of Christianity. 14 PRELIMINARY PRINCIPLES moral, and spiritual interests of mankind, with a zeal, a disinter- estedness, and a perseverance, unknown to any other class of men. And it is this, moreover, which is, at this time, leading many Christian missionaries to forsake friends, parents, country, and all earthly prospects, for the sake of planting the standard of the Cross in the remotest corners of the earth. It has before been said, that the sense of duty implies a moral sense, — an authoritative standard of human conduct. Now, the decisions of the conscience of each individual are, with respect to him, the authoritative rules of his conduct, and the supreme and ultimate guide of his life. The conscience is that principle of the mind, whose prerogative it is to prescribe, in morals, to every other, and to pronounce the definitive sentence from which there is no appeal. The fundamental importance of this position, and especially the present state of public sentiment, of literature, and of intellectual philosophy, and the prevailing habits of think- ing and reasoning, render some illustration of it useful and ne- cessary. To an unsophisticated mind, it may appear surprising, that it should be necessary to delay, for the sake of establishing the existence of conscience in the human breast, or of vindicating its claim to be the great and ultimate guide of the moral sentiments and actions of mankind. And, if some traces of the same error and perversion are found in the writings of the ancient moralists, — still it may be said, with the utmost truth, to have been re- served for very late times, to build up and sanction a system of sophistry in metaphysics and morals, which, by denying the ex- istence, has obscured the decisions of conscience, and has thus been enabled to substitute a false measure of human duty, and a standard of right and wrong in human conduct, which must fluc- tuate with the ever-varying prejudices, passions, opinions, and interests of mankind. A succession of eminent writers, led on by the celebrated David Hume, have, within the last century, given plausibility and currency to the theory, that the utility of actions is the only criterion of their rectitude, and the supreme standard of their obligation. This theory of morals, as unsound and superficial as it is, which makes virtue a subject of calcu- lation, and, withdrawing the attention from all internal sentiments, AND DISCUSSIONS. 15 as well as destroying their authority, loses sight of the essential distinction between right and wrong, and confounds the boun- daries of vice and virtue, having been incautiously admitted by Dr. Paley as the basis of his moral system, has acquired a degree of public confidence and favor, which, under the auspices of a less respectable and estimable name, it could never have attained. By this theory, the jurisdiction of conscience is abolished, her decisions are classed with those of a superannuated judge, and the determination of moral causes is adjourned from the interior tribunal of the breast to the noisy forum of speculative debate. Nothing is yielded to the suggestions of conscience, nothing to the movements of the heart ; every thing is dealt out with a sparing hand, under the stint and measure of calculation. In making expediency the ground of all moral obligation, Dr. Paley could not have anticipated to what lengths his doctrine would be carried, or to what purposes, in other hands, it would be ap- plied under the sanction of his name, or how completely it might be made to subvert morality and religion, by substituting the looseness of speculation and opinion for the stability of fixed principle. The utility of an action, may, as will hereafter be seen, be very suitably made a subordinate criterion of its rec- titude^ but can never be made the ultimate and supreme standard of all right and wrong, without degrading virtue to the rank of an ordinary problem in arithmetic. Let us return, then, to the safe and sober paths of our ancestors, adhering, in all moral questions, to the dictates of conscience, regulated and otherwise enlight- ened ; happy to enjoy, instead of the sparks of our own kindling, the benefit of that light, which, placed in the moral firmament by an Almighty hand, has led, in the way of safety, all who have been willing to trust to its guidance. Nor, in submitting to be guided by the doctrine of expediency on moral subjects, have we deviated less from the example of heathen antiquity than from the way of our sober and pious Christian ancestors. "The philosophers of (heathen) antiquity," says a most valuable writer, " in the absence of superior light, consulted with reverence the permanent principles of nature, the dictates of conscience, and the best feelings of the heart, which 16 PRELIMINARY PRINCIPLES they employed all the powers of reason and eloquence to unfold, to adorn, to enforce ; and thereby formed a luminous commen- tary on the law written on the heart. The virtue which they inculcated grew out of the stock of human nature ; it was a warm and living virtue. It was the moral man, possessing, in every limb and feature, in all its figure and movements, the harmony, dignity, and variety, which belong to the human form ; an effort of unassisted nature to restore that image of God, which sin had mutilated and defaced. Imperfect, as might be expected, their morality was often erroneous ; but in its great outlines, it had all the stability of the human constitution, and its fundamental prin- ciples were coeval and coexistent with human nature. There could be nothing fluctuating and arbitrary in its more weighty decisions, since it appealed every moment to the man within the breast ; it pretended to nothing more than to give voice and ar- ticulation to the inward sentiments of the heart, and conscience echoed to its oracles. This, wrought into different systems and under various modes of illustration, was the general form which morality exhibited from the creation of the world till our time."* Aristotle has discriminated, classified, and arranged the ele- ments of social morals, which alone he could treat, in the absence of revelation, with the acuteness, precision, and skill, with which he was so eminently endowed ; and whoever peruses his " Nico- machian Morals," will find a perpetual reference to the inward sentiments of the breast. He builds every thing on human na- ture, and always takes it for granted, that there is a moral facul- ty in the mind, to which, without looJcing elsewhere, we may safely appeal. He has been styled the interpreter of nature, and has certainly shown himself a most able commentator on the law written in the heart. In like manner, Cicero drew his moral sentiments from the undefiled fountain of an unsophisticated conscience, and vindicated the claims of this faculty with equal decision and clearness. In this state, revelation found the moral system of the an- cients, and by correcting what was erroneous, supplying what was defective, and above all, confirming what was right by its * Robert Hall's Works, Vol. I. p. 97. AND DISCUSSIONS. 17 peculiar sanctions of a future life of rewards and punishments, it conferred on it that perfection, of which it is itself the consum- mation. We have, then, with some comparatively late excep- tions, the concurring authority of ancient and modern times, for making conscience the umpire in all moral inquiries. But to give more definiteness as well as expansion to our views on this fundamental point, it may still be useful to review very briefly the chief considerations and arguments, on which the doctrine of a conscience in the human breast may be made to rest.* 1. We may do much towards convincing ourselves of the exist- ence and office of conscience, by consulting our own personal experience. Our recollections must inform us, with what effect, when children, an appeal was made to the admonitions of our own breasts, if at any time we had been guilty of injustice, false- hood, cruelty, or any other species of wrong-doing. Remorse is a peculiar and well-defined feeling, the most painful of all human sufferings. Its stings do not seem to spring from reason, from judgment, from memory, from imagination ; — they seem, on the contrary, to spring from a distinct faculty of the mind, — a con- science. When we find that the great principles of rectitude have been violated by human tribunals, we familiarly speak of the difference between the decisions of the forum humanum, and the forum conscientice ; and, in doing this, we refer to the un- perverted decisions of the conscience, called, in the Roman Law,f by a most noble and significant metaphor, the interior forum. 2. We shall see still further proof of the existence of con- science, by the observations we must have made on the feelings, sentiments, and actions of those with whom we have been ac- customed to hold intercourse. We have the same evidence of the existence of conscience in those with whom we converse, and otherwise maintain intercourse, which we have of memory, imagination, or any other faculty of the mind. In addressing all other men, we assume that they are governed by a moral sense, or conscience, to which we may successfully appeal. "It is * See Robert Hall's Works, Vol. I. pp. 89/97, 99, 101. t North American Review, Vol. XXII. p. 260. — Story's Commentaries on Equity, Vol. I. chap. 1, passim. 3 18 PRELIMINARY PRINCIPLES manifest," says Bishop Butler, " great part of common language and of common behaviour over the world, is founded upon the supposition of a moral faculty, whether called conscience, moral reason, moral sense, or divine reason ; whether considered as a sentiment of the understanding or as a perception of the heart, or, which seems the truth, as including both." Again, he says of conscience, " To preside and govern, from the very economy and constitution of man, belongs to it. This faculty was placed within to be our proper governor, to direct and regulate all undue principles, passions, and motives of action. It carries its own authority with it, that it is our natural guide, the guide assigned us by the Author of our nature." * 3. The substantial uniformity and consistency, which, as has been stated and illustrated above, f mankind have manifested in all ages in regard to practical morals, are most naturally and fully accounted for by ascribing them to a peculiar faculty, a conscience. From uniformity in the effeot, we infer sameness in the cause. In government, literature, science, philosophy, taste, the fine arts, theoretical morals, finally, on all subjects, except the exact sciences and 'practical morals, men differ widely from each other (Quot homines, tot sententice, says Terence,) in opinion and in sentiment. 4. We may find evidence of the existence of a conscience in the human breast, in the structure of languages, and in the literature of various ages and nations. The language of a na- tion is the most permanent and authentic record which can exist, of the feelings, thoughts, sentiments, opinions, and con- victions of the men who have formed, cultivated, and used it. And all languages contain words, constructions, and forms of expression, which spring from assuming the existence and func- tions of a conscience. Literature, also, most intimately con- nected as it is with language, offers its evidence to the same effect. 5. It may be well to collect and embody some small part of the testimony to the same effect, furnished by the most respect- able and valuable writers. This testimony is of every kind, premeditated and casual, designed and incidental. It is given * Quoted by Dymond, Essays, p. 61. t See above, pp. 6-9. AND DISCUSSIONS. 19 by divines, moralists, poets, orators, civilians, historians, philoso- phers, and men of business. So much notice has before been taken of the general tone and character of the ancient moralists, that I may pass them by with a few citations. Plutarch says, " The light of truth is a law, not written in tables or books, but dwelling in the mind, always a living rule, which never permits the soul to be destitute of an interior guide." Hiero says, that the universal light, shining in the conscience, is u a domestic God, a God within the hearts and souls of men." Epictetus says, " God has assigned to each man a director, his own good genius ; a guardian whose vigilance no slumbers interrupt, and whom no false reasonings can deceive. So that, when you have shut your door, say not that you are alone, for your God is within. What need have you of outward light to discover what is done, or to light to good actions, who have God, or that genius or divine principle, for your light ? " My quotations from modern writers will be much more nu- merous. Dr. Hutcheson says, "The Author of nature has much better furnished us for a virtuous conduct than our moralists seem to imagine, by almost as quick and powerful instructions as we have for the preservation of our bodies." Dr. Blair says, " Conscience is felt to act as the delegate of an invisible ruler. Conscience is the guide, or the enlightening or directing princi- ple of our conduct." Again he says, " God has invested con- science with authority to promulgate his laws." Dr. Rush says, " It would seem as if the Supreme Being had preserved the moral faculty in man from the ruins of his fall, on purpose to guide him back again to Paradise ; and, at the same time, had constituted the conscience, both in man and fallen spirits, a kind of royalty in his moral empire, on purpose to show his property in all intelligent creatures, and their original resemblance to him- self." Again he says, " Happily for the human race, the inti- mations of Deity and the road to happiness are not left to the slow operations or doubtful inductions of reason. It is worthy of notice, that, while second thoughts are best in matters of judgment, first thoughts are always to be preferred in matters that relate to morality." Lord Bacon says, " The light of nature not only shines upon the human mind through the medium of a 20 PRELIMINARY PRINCIPLES rational faculty, but by an internal instinct according to the law of conscience, which is a sparkle of the purity of man's first estate." Lord Shaftesbury says, " The sense of right and wrong being as natural to us as natural affection itself, and being a first principle in our constitution and make, there is no speculation, opinion, persuasion, or belief, which is capable immediately or directly to exclude or destroy it." Dr. Reid says, u The first principles of morals are the immediate dictates of the moral faculty. By the moral faculty or conscience solely, we have the original conception of right and wrong. It is evident, that this principle has, from its nature, authority to direct and determine with regard to our conduct ; to judge, to acquit or condemn, and even to punish ; an authority which belongs to no other principle of the human mind. The Supreme Being has given us this light within to direct our moral conduct. It is the candle of the Lord set up within us, to guide our steps." Dr. Price says, " Whatever our consciences dictate to us, that He (the Deity) commands more evidently and undeniably, than if by a voice from Heaven we had been called upon to do it." Dr. Watts says, the mind " contains in it the plain and general prin- ciples of morality, not explicitly as propositions, but only as na- tive principles, by which it judges, and cannot but judge, virtue to be fit and vice unfit." Dr. Cudworth says, " The anticipa- tions of morality do not spring merely from notional ideas, or from certain rules or propositions, arbitrarily printed upon the soul as upon a book, but from some other more inward and vital principle in intellectual beings as such, whereby they have a natural determination in them to do some things and to avoid others." Dr. Shepherd says, " This law is that innate sense of right and wrong, of virtue and vice, which every man carries in his own bosom. These impressions, operating on the mind of man, bespeak a law written on his heart. This secret sense of right and wrong, for wise purposes so deeply implanted by our Creator in the human mind, has the nature, force, and effect of a law." Dr. Southey speaks of u actions being tried by the eternal standard of right and wrong, on which the unsophisticated heart unerringly pronounces." Dr. Adam Smith says, "It is altogether absurd and unintelligible, to suppose that the first per- AND DISCUSSIONS. 21 ceptions of right and wrong can be derived from reason. These first perceptions cannot be the object of reason, but of immedi- ate sense and feeling. Though man has been rendered the im- mediate judge of mankind, an appeal lies from his sentence to a much higher tribunal, to the tribunal of their own consciences, to that of the man within the breast, the great judge and arbiter of their conduct." " Conscience, conscience," exclaims Rousseau, " divine instinct, immortal and heavenly voice, sure guide of a being ignorant and limited, but intelligent and free, infallible judge of good and evil, by which man is made like unto God." Again he says, " Our own conscience is the most enlightened philos- opher. There is no need to be acquainted with Tully's Offices to make a man of probity ; and perhaps the most virtuous woman in the world is the least acquainted with the definition of virtue." Milton says, in regard to our first parents, " And I will place within them, as a guide, My umpire Conscience ; whom if they will hear, Light after light well used they shall attain."* Sir Matthew Hale says, " Any man that sincerely and truly fears Almighty God, and calls and relies on him for his direction, has it as really as a son has the counsel and direction of his father ; and, though the voice be not audible or discernible by sense, yet it is equally as real as if a man heard a voice saying, This is the way, walk ye in it." " There is a principle of reflection in men," says Bishop Butler, "by which they distinguish between, approve and disapprove, their own actions. We are plainly con- stituted such sort of creatures as to reflect upon our own nature. The mind can take a view of what passes within itself, its pro- pensions, aversions, passions, affections, as respecting such ob- jects and in such degrees ; and of the several actions consequent thereupon. In this survey, it approves of one and disapproves of another, and towards a third is affected in neither of these ways, but is quite indifferent. This principle in man, by which he approves or disapproves his heart, temper, and actions, is conscience ; for this is the strict sense of the word, though sometimes it is used so as to take in more. And that this faculty * Paradise Lost, III. 194. 22 PRELIMINARY PRINCIPLES tends to restrain men from doing mischief to each other, and leads them to do good, is too manifest to need being insisted upon." * Finally, Dr. Paley, where not pledged to a particular system, writes thus ; " Conscience, our own conscience, is to be our guide in all things. It is through the whisperings of conscience, that the Spirit speaks. If men are wilfully deaf to their con- sciences, they cannot hear the Spirit. If hearing, if being com- pelled to hear, the remonstrances of conscience, they neverthe- less decide, and resolve, and determine to go against them, then they grieve, then they defy, then they do despite to the Spirit of God. Is this superstition ? Is it not, on the contrary, a just and reasonable piety, to implore of God the guidance of his Holy Spirit when we have any thing of great importance to de- cide upon or undertake. It being confessed that we cannot ordinarily distinguish, at the time, the suggestions of the Spirit from the operations of our minds, it may be asked, How are we to listen to them ? The answer is, by attending universally to the admonitions within us." f The number of testimonies which I have introduced is considerable, because, being in a great measure a case of personal experience, it is well to subjoin au- thority to argument. The testimonies are of the most respect- able kind, and their number might have been easily enlarged. They are derived from many ages and from several countries. There is considerable variety of phraseology among the authors quoted, as might be expected, but they all concur in recognising a moral faculty in the mind, in affirming that this faculty possesses wisdom to direct us aright, that its directions are given instanta- neously as the individual needs them, and that it is invested with unquestionable authority to command. J 6. The existence and office of conscience seems manifestly to be recognised by Scripture. " When the Gentiles," says * Quoted by Upham, Mental Philosophy, p. 525. t Quoted by Dymond, Essays, p. 65. See Paley's third Sermon on the " In- fluence of the Holy Spirit." There are various other passages in his Sermons, in which he refers to conscience as the umpire in morals. In his Moral Phi- losophy, in which he has discarded a moral sense or conscience, he was led astray by the theory to which he had pledged himself. X In making the above collection of authorities, the author has, to a consid- erable extent, availed himself of the labors of Dymond. Essays, pp. 60-66. AND DISCUSSIONS. 23 St. Paul, " which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves ; which show the work of the law written in their hearts, their conscience (ovvsldrjaig) also bearing witness, and their thoughts the meanwhile accusing or else excusing one an- other." * The latter part of this passage is translated by Dr. Macknight thus ; " Their conscience bearing witness thereto, as also their debates with one another ; in which they either accuse one another of evil actions, or else defend each other when so accused." And he comments on the passage thus ; " The re- ality of a natural revelation " (by which he means the testimony of conscience) "made to the heathen, the Apostle has proved by three arguments. 1. By the pious and virtuous actions which many of the heathens performed. 2. By the natural operation of their conscience. 3. By their reasonings with one another, in which they either accused or excused one another. For, in their accusations and defences, they must have appealed to some law or rule. Thus, in the compass of two verses, the Apostle has explained what the light of nature is, and demonstrated that there is such a light existing. It is a revelation from God, writ- ten on the heart or mind of man ; consequently is a revelation common to all nations."! Again, St. Paul was accustomed "to live in all good con- science before God " ; he " exercised himself to have always a conscience void of offence toward God, and toward man." He speaks of " his conscience bearing him witness in the Holy Ghost," that is, under the guidance of the Holy Ghost ; his rejoicing consisted in the testimony of his conscience, that in simplicity and godly sincerity, he had had his conversation in the world. By manifestation of the truth, he commended himself to every man's conscience in the sight of God ; he makes the end of the commandment to consist in charity out of a pure heart, and of a good conscience, and of faith unfeigned ; he exhorted his Roman converts to be subject to civil government, not only for wrath, but also for conscience' sake ; he enjoins upon ministers of the gospel, to hold the mystery of the faith * Romans, ii. 14, 15. t Note on Romans, ii. 15. 24 PRELIMINARY PRINCIPLES in a pure conscience ; he was made manifest to God, and also to the consciences of his Corinthian converts. St. Peter makes the saving effects of baptism to depend, not on the putting away of the filth of the flesh, but on the answer of a good conscience toward God. Besides, the sacred writers constantly speak of persons con- victed by their own conscience ; — holding faith and a good conscience ; — having their mind and conscience defiled ; — hav- ing their hearts sprinkled from an evil conscience ; — and a con- science seared with a hot iron, through long familiarity with sin.* What meaning have terms and phrases like these, if we may, at our will, strip conscience of its sanction, and regard it no longer as a heaven-born rule of action ? The Scripture always speaks of conscience, not as a term of convention, a mere creation of the social system, but as an umpire planted in our breasts by the hand of our Maker, to preside there and pass judg- ment on our actions. A conscience combined to a certain degree, with power of choice and liberty of action, not only distinguishes us from the lower beings of creation, but constitutes the very essence of our responsibility, both to God and man.f The connexion renders appropriate three remarks, which also naturally spring from the preceding discussion. 1. The con- science, like other faculties of the mind, is capable of great improvement by cultivation, and of great debasement by neglect, and especially by habits of ignorance and vice. We find the consciences of some men delicate, susceptible, and alive to the slightest wrong. If they have been guilty of offences, or even of serious indiscretions, they are overwhelmed with shame and self-reproach. A sense of duty with them takes precedence of all other considerations, and is the governing principle of their conduct. A consciousness of duty disregarded is to them the greatest of evils, and a conscience satisfied with the full and honest discharge of duty, the greatest of blessings. In others, " the still small voice " of conscience, the fruit of whose * See Acts xiii. 1 ; xxiv. 16 ; Rom. ix. 1 ; 2 Cor. i. 12 ; iv. 2; 1 Tim. i. 5 j Rom. xiii. 5 ; 1 Tim. iii. 9 ; 2 Cor. v. 11 ; 1 Pet. iii. 21 ; Tit. i. 15 ; John viii. 9; Heb. x. 2, 22; xiii. 18; 1 Tirn. i. 19; iv. 2. t See Prof. Sedgwick, on the Studies of the University of Cambridge, p. 52. AND DISCUSSIONS. 25 promptings is seen in the lives of the pure and the virtuous, has long since ceased to be regarded ; stifled as it is, amid the ragings and clamor of passion, and the practice of iniquity. Such are said, in the strong language of Scripture, to have their con- sciences seared with a hot iron. # They have become insen- sible to all moral considerations and influences. They have refused to listen to the sure guide given them by their Maker, to guide them amidst the temptations, the seductions, and the perplexities of life. Uninfluenced by moral principles, and re- gardless of the sacred obligations of duty, they become the sport of chance, of caprice, of humor, of impulse, of prejudice, of passion, and of circumstance. We have, then, no talent in- trusted to our care, the due cultivation and improvement of which is so essential as this ; no talent, the neglect of which will be so fatal to our usefulness and happiness. 2. We have seen the substantial uniformity and consistency of sentiment, which have prevailed among men, both in ancient and modern times, in regard to the practical department of morals, f And we can now understand, why this coincidence of sentiment has not been still more uniform and complete. Like all other faculties of the mind, conscience sometimes fails fully to perform its office. This is equally the case with mem- ory and reason. The one does not bring every thing past to our remembrance ; and the other sometimes leads us astray, both in the affairs of life, and in matters of abstract science. As in the case of reason, too, conscience is sometimes perverted. Under the influence of strong prejudice and passion, every object is discolored, the attention is completely absorbed, and all the powers of the mind are disturbed. Under such circum- stances, neither the conscience, the memory, nor the imagina- tion, nor any other faculty, can perform the office assigned it. But, when prejudice and passion have subsided, conscience is relieved from its burthen, the power of moral discernment returns, and the man reviews with dismay, remorse, and mor- tification, the violence and perversion of feeling, to which, in moments of excitement, he had permitted himself to give way. * l Tim. iv. 2. t See above, pp. 6-10. 4 26 PRELIMINARY PRINCIPLES Again, many actions are complex in their nature ; and this is another source of aberration in our moral judgments of men and actions. No one circumstance is of so much importance, in determining the moral character of an action, as the intention of the author. And how frequently is it, that we pronounce on the moral conduct of a man, when we entirely, mistake his motives and intentions, or are at least very imperfectly ac- quainted with them. Moreover, our moral judgments of men and their conduct will be much affected by early associations, by differences of education, and especially by the light and posi- tion from which we view them. In all these cases, mistaken moral judgments must be ascribed to want of full and exact knowledge, and not to any defects of conscience. Conscience in moral transactions, as well as reason in other matters, must have fair opportunities for its exercise, or it cannot be expected to lead us in the right way. 3. We may now understand, how a man may follow the dictates of his conscience, and still fall into iniquity, and incur great guilt. We have seen, that the decisions of conscience may be perverted by prejudice and passion, and by the influence of early associations. We have seen, too, that actions are sometimes complex in their nature, that is, they may be in some respects worthy of approbation, and in others of repre- hension, and this is another source of wrong moral decisions. Hence, to decide rightly, we must be free from prejudice and passion ; we must, as far as possible, divest ourselves of the bias of early associations, and we must patiently analyze the conduct and transactions upon which we presume to pass judg- ment. Moreover our consciences must be enlightened by knowl- edge, and we must bring to their aid, full, calm, and honest inquiry. Except in cases where ignorance is invincible, we are required to have a conscience enlightened by knowledge and reflection. St. Paul considered himself highly guilty in persecuting the church of God, * although he verily thought at the time of doing this, that he ought to do many things con- * 1 Cor. xv. 9 ; Eph. iii. 8 ; 1 Tim. i. 13. AND DISCUSSIONS. 27 trary to the name of Jesus of Nazareth ; * that is, he sincerely- thought it his duty to oppose the gospel. The reason why he considered himself guilty, in opposing the gospel and persecuting the church, was, that he acted under the influence of unjust prejudices and violent passions, which prevented him from perceiving the evidence, and acknowledging the claim, of Chris- tianity as a revelation from Heaven. Full evidence of the truth of the gospel had been furnished ; but he had closed his eyes to its light, and steeled his heart against all impressions in its favor. " In the instance of St. Paul," says Dr. Macknight, " we see how much guilt a man, who is not at pains to inform himself, may, through ignorance, contract, without going con- trary to his conscience. At this time Paul was doing things, which, after he became an apostle, made him call himself the chief of sinners ; he was touching the law blameless, and thought that, in persecuting the Christians, he was doing God service."! On the moral responsibility accompanying wilful ignorance, and the guilt contracted by refusing or neglecting to enlighten the conscience, Dr. Abercrombie says, "Deep guilt may attach to the moral agent, who has been proof against the influence of moral causes. There is guilt in ignorance, when knowledge was within his reach ; there is guilt in heedless inattention, when truths and motives of the highest interest claimed his serious consideration ; there is guilt in that corruption of his moral feelings which impedes the action of moral causes, because this has originated, in a great measure, in a course of vicious desires and vicious conduct, by which the mind, familiarized with vice, has gradually lost sight of its malignity. During the whole of this course, also, the man felt that he was a fi + ee agent ; that he had power to pursue the course which he followed, and that he had power to refrain from it. When a particular desire was first present to his mind, he had the power immediately to act, with a view to its accomplishment, or he had the power to abstain from acting, and to direct his attention more fully to the various considerations and motives, which were calculated to guide his determination. In acting as he did, he not only with- * Acts xxvi. 9, t Coram, on 1 Tim. i. 13. 28 PRELIMINARY PRINCIPLES held his attention from those truths, which were thus calculated to operate upon him as a moral being ; but he did still more direct violence to an impulse within, which warned him, that he was wandering from the path of rectitude. The state of moral feeling which gradually results from this habitual violation of the indications of conscience, and this habitual neglect of the serious consideration of moral causes, every individual must feel to be attended with moral guilt. The effect of it is, not only to pre- vent the operation of moral causes on his future volitions, but even to vitiate and distort the judgment itself, respecting the great principles of moral rectitude. Without attempting any explanation of this remarkable condition of the mental functions, its actual existence must be received as a fact in the constitution of human nature, which cannot be called in question ; and it offers one of the most remarkable phenomena that can be pre- sented to him, who turns his attention to the moral economy of man." # Another writer well says, "Apart from human judg- ments, there is an intrinsic moral difference in actions ; and hence results the previous obligation of informing the mind, by a dili- gent attention to the dictates of reason and religion, and of delaying to act until we have sufficient light ; but, in entire con- sistence with this, we affirm, that where there is no hesitation, the criterion of immediate duty is the suggestion of conscience, whatever guilt may have been previously incurred by the neg- lect of serious and impartial inquiry."! The conscience, therefore, of every individual is to him the supreme and ultimate rule of duty; but, to insure safe decisions, the mind must be kept free from prejudice and passion, and, above all, the conscience must be guided, regulated, and enlight- ENED. In truth all the powers of the mind require cultivation for their due exercise. The reason is necessary to confine the imag- ination within sober limits ; the memory furnishes the reason with the materials of which it is to make use ; and both the reason and the conscience impose restraints on the appetites, the pas- sions, and the will. All the other faculties have, in like manner, * Inquiries concerning the Intellectual Powers, p. 169. t Rev. Robert Hall's Works, Vol. I. p. 342. New York. 1832. AND DISCUSSIONS. 29 important relations with the conscience, by the exercise and aid of which, it may be so regulated and enlightened, and otherwise cultivated, as to be qualified to perform its high office of deciding on the moral feelings, sentiments, and conduct. I proceed to review the chief sources by the aid of which the conscience may be regulated and enlightened. I. The Scriptures fully recognise civil government as binding on the conscience ; * and, therefore, the enactments of the govern- ment under which we live, or, in other terms, the law of the land, 'is one of the rules by which the consciences of individuals are to be regulated. The law of a country is the combined reason, sentiment, and wisdom of the citizens of such country, so far as relates to the subjects embraced by the law, and therefore, aside from its binding character as law, is entitled to the respect of the citi- zens. f It is chiefly occupied in devising the means of protect- ing the persons, liberties, reputation, and estates of the citizens ; in settling the rules of evidence, and the forms of proceedings ; in prescribing rules and ordinances in the numerous cases, in which natural equity only ordains that there shall be a rule, but does not prescribe what the rule shall be ; in adjusting private rights in their endless and perplexing diversity, and in guarding against fraud in all its devious ways. The practical administration of the law consists, for the most part, in ascertaining the facts, which enter into controversies, and on which their rightful de- cision depends ; in inquiring into the extent of injury inflicted, and the corresponding amount of damages which ought to be rendered ; in settling the construction of statutes ; in applying the law to various facts and unforeseen contingences, which daily happen in the affairs of men ; and in looking beyond the present case, to see, on the one hand, how the decision of to-day agrees with preceding decisions, and, on the other hand, how it will * Rom. xiii. 1-7; 1 Peter, ii. 13-16. t Thuanus (De Thou) says, " The life, and soul, and judgment, and under- standing of the country, centre in the laws. A state without law, like a body deprived of its animating principle, is defunct and lifeless in its blood and members. Magistrates and judges are but ministers and interpreters of the laws, — and in fine, we are all servants of the laws, that we may be free." — Prafatio Thuani ad Henricum TV. 30 PRELIMINARY PRINCIPLES. affect the rights and happiness of the community in years to come. Still, viewed as a guide, the law of the land is far from being designed by the legislature itself to be full and complete. It is imperfect in various respects ; the number of moral points, on which the most voluminous body of laws touches, being com- paratively very few. Writers on jurisprudence consider only what the person, to whom the obligation is due, ought to think himself entitled to exact by force ; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. Moralists, on the other hand, do not so much examine what it is that might properly be exacted by force, as what it is that the person who owes the obligation ought to think himself bound to perform, from the most sacred and scrupulous regard to the general rules of justice, and from the most conscientious dread, either of wronging his neighbour, or of violating the in- tegrity of his own character. It is the end of jurisprudence to prescribe rules for the decisions of judges and arbiters. It is the end of morals to prescribe rules for the conduct of a good man. By observing all the rules of jurisprudence, supposing them ever so perfect, we should deserve nothing but to be free from external punishment. By observing moral rules, sup- posing them such as they ought to be, we should be entitled to considerable praise, by the exact and scrupulous correctness of our behaviour. It may frequently happen, that a good man will think himself bound, from a sacred and conscientious regard to the general rules of justice, to perform many things, which it would be the highest injustice to extort from him, or for any judge or arbiter to impose upon him by force. And the science of morality is to be considered as furnishing direction to persons who are conscious of their own thoughts, motives, and designs ; rather than as a guide to the judge, or to any third person, whose arbitration must proceed upon rules of evidence and maxims of credibility with which the moralist has no concern. * * See Paley's Moral and Political Philosophy, p. 361. — Smith's Theory of Moral Sentiments, Vol. II. p. 119. AJND DISCUSSIONS. 31 " The object of a free civil government," says Chief Justice Parsons, " is the promotion and security of the happiness of the citizens. These effects cannot be produced, but by the knowl- edge and practice of our moral duties, which comprehend all the social and civil obligations of man to man, and of the citi- zen to the state. If the civil magistrate in any state, could procure, by his regulations, a uniform practice of these duties, the government of that state would be perfect. To obtain that perfection, it is not enough for the magistrate to define the rights of the several citizens, as they are related to life, liberty, prop- erty, and reputation, and to punish those by whom they may be invaded. Wise laws, made to this end, and faithfully executed, may leave the people strangers to many of the enjoyments of civil and social life, without which their happiness will be ex- tremely imperfect. Human laws cannot oblige to the perform- ance of the duties of imperfect obligation ; as the duties of charity and hospitality, benevolence and good neighbourhood ; as the duties resulting from the relation of husband and wife, parent and child ; of man to man, as children of a common parent ; and of real patriotism, by influencing every citizen to love his country, and to obey all its laws. These are moral duties, flowing from the disposition of the heart, and not subject to the control of human legislation. " Neither can the laws prevent, by temporal punishment, secret offences committed without witness, to gratify malice, revenge, or any other passion, by assailing the most important and most estimable rights of others. For human tribunals cannot proceed against any crimes unless ascertained by evidence ; and they are destitute of all power to prevent the commission of offences, unless by the feeble examples exhibited in the punishment of those who may be detected. Civil government, therefore, availing itself only of its own powers, is extremely defective ; and, unless it could derive assistance from some superior power, whose laws extend to the temper and disposition of the human heart, and before whom no offence is secret, wretched indeed would be the state of man under a civil constitution of any form." * * Massachusetts Reports, Vol. VI. p. 404. 32 PRELIMINARY PRINCIPLES As a guide to the conscience, therefore, the law of the land is imperfect, inasmuch as, 1. It omits many moral duties which ought to be performed. 2. It gives permission to some things, of which no good man ought to avail himself. 3. It some- times enjoins obedience, when it has no way of enforcing such obedience ; and, also, it has sometimes commanded what is wrong, while it has prohibited what is right. Still, as the law of the land is, in general, binding on the conscience, the citizen is not justifiable in refusing compliance with its requisitions, unless the grievance which it inflicts is severely burdensome, and the wrong which it requires is palpable and unquestionable. In all doubtful cases, the doubt should be given in favor of the requirements of the law. The law deserves our obedience, because it alone can re- concile the jarring interests of all, secure each against the rash- ness or malignity of others, and blend into one harmonious union the discordant materials of which society is composed. The law throws its broad shield over the rights and the interests of the humblest and the proudest, the poorest and the wealthiest, in the land. It fences around what every individual has already gained, and it insures to him the enjoyment of whatever his industry may acquire. It saves the merchant against ruinous hazards, provides security for the wages of the mechanic and the day-laborer, and enables the husbandman to reap his harvest without fear of plunder. The sanctity of the marriage tie, the purity of virgin modesty, the leisure of the student, the repose of the aged, the enterprise of the active, the support of indi- gence, and the decencies of divine worship, are all under its guardian care. It makes every man's house his castle, and keeps watch and ward over his life, his name, his family, and his property. It travels with him by land and by sea ; watches while he sleeps ; and arrays, in defence of him and his, the physical strength of the entire state. Surely, then, it is worthy of our reverence, our gratitude, and our affection. Surely, obedience to its mandates is among the highest of our duties.* * See Address by William Gaston, before the College of New Jersey, 29th September. 1835. AND DISCUSSIONS. 33 II. The consequences which may result from actions, is another test by which their moral character may be judged. Every man is bound by his duty to use forecast, and to look, as far as possible, into the consequences of his conduct. This test is subordinate and imperfect, and acts upon the conscience chiefly through the reason ; still, in a large class of cases, it is highly effectual and valuable. If we habitually inquire, what would be the consequences to ourselves and to mankind, if every one were to act as we are acting, or as we propose to act, we shall not very often decide wrong in respect to our course of conduct. It is our duty at all times to act with prudence, dis- cretion, and after full reflection ; and there may, unquestionably, be a degree of rashness, recklessness, and disregard of con- sequences in our conduct, by which the conscience may be scarcely less violated, than by a positive willingness, not to say inclination, to do wrong. This test supposes, that the welfare of ourselves and others is the great design of our existence, and that virtue consists in doing good to mankind. It makes usefulness and expediency the measure and standard of rectitude. Some of the ancient moralists used this standard, by which to determine the moral nature of an action ; but they used it in a sense too unqualified, and perverted its just meaning and application. They taught, without just discrimination, that whatever was useful [utile) was right. Cicero combats this principle, which seems to have been very mischievously applied in his time, at great length and with great earnestness, and maintains, that an action, to be worthy of approbation, must unite the useful and the right. # He main- tains, against the licentious writers of his time, that the useful- ness of an action can never conflict with its rectitude, because no action can ever be truly useful which is not also right, f He makes the rectitude of an action the test of its usefulness, and not the usefulness the test of its rectitude. Reduced to practice, it is the question which continually presents itself to every man, when he is tempted by the allurements of pleasure, * "Utile atque honestum"; see his Offices, and particularly lib. iii. c. 3. t " Quidquid honestum est, idem utile ; nee utile quidquam, quod non ho- nestum.**— De Officiis, lib. iii. c. 4. 5 34 PRELIMINARY PRINCIPLES of profit, or of fame, to do an act which he knows to be unjus- tifiable and wrong ; and Cicero says, his habitual decision, on the one side or on the other, determines him to belong to the class of good or bad, of honest or dishonest, of upright or wicked men. In applying this standard to practice, we must not satisfy our- selves with looking at the immediate and particular consequences of our actions only ; to give it any considerable practical value, we must also look to the remote and distant consequences of our conduct. To satisfy this test, an action must be useful in the long run, as well as near by; " in all its effects collateral and remote, as well as in those which are immediate and direct ; " since, in computing consequences, it makes no difference in what way, or at what distance, they arrive. It has before been observed, that Dr. Paley made the use- fulness or expediency of an action the standard of its rectitude. He says, "It is the utility of any moral rule alone, which con- stitutes the obligation of it."* And, however mistaken he may have been, in making "expediency" the corner-stone of his system, still, the very circumstance of his doing this, led him to state, illustrate, and qualify it with peculiar care. I should do wrong, therefore, if I were not to avail myself freely of his illustrations. The bad consequences of actions, he says, are twofold, par- ticular and general. The particular bad consequence of an action is the mischief, which that single action directly and immediately occasions. The general bad consequence is the violation of some necessary or useful general rule. In many cases, the particular consequences are comparatively insignifi- cant, while the general consequences are so injurious as to call for the greatest severity of punishment. The particular consequence of counterfeiting the current coin of a country, is the loss of a dollar, or of a few dollars, to the person, or persons, who may receive it ; the general conse- quence, that is, the consequence which would ensue if the same practice were generally permitted, would be to abolish the use * Moral and Political Philosophy, p. 42. AND DISCUSSIONS. 35 of money. The particular consequence of forgery may be a damage of fifty, or a hundred dollars, to the man who accepts the forged bill ; the general consequence would be the destruc- tion of paper currency. The particular consequence of horse- stealing is a loss to the owner of the value of the horse stolen ; the general consequence would be, that no man's horses would be safe. The particular consequence of breaking into a house without inhabitants may be the loss of some clothing, or of a few spoons ; the general consequence would be, that no one could safely leave his house unoccupied. The particular con- sequence of smuggling may be a diminution of the national income, almost too minute for estimation ; the general conse- quence would be, the destruction of one entire branch of the public revenue, a proportionate increase of the burthen upon other branches, and the ruin of all fair and open trade in the kind of merchandise smuggled. The particular consequence of an officer's breaking his parole may be the loss of a prisoner, who may, perhaps, not have been worth detaining ; the general consequence would be, that this mitigation of captivity must be refused to all other prisoners. The particular consequence of assassination, or suicide, may be the death of an individual, whose life may be of little or no importance to himself, or to any one else ; the general consequence would be, that, in the one case, every man would be under constant apprehensions for his life, and that, in both cases, no man's life, however valuable, would be safe. In all cases, the particular consequence is of so small importance, compared with the general consequence, that, in the enactment and administration of criminal laws, the particular consequence is entirely disregarded and left out of sight. The crime and the fate of the forger is the same, whether he has forged to the value of five or fifty dollars. The crime is regarded the same, as the general consequences are the same. # It has before been said, that the rule of expediency, by which to estimate and guide our moral conduct, however valuable, is still imperfect. 1. It is imperfect, because sometimes men with * Moral and Political Philosophy, Book II. chap. 8. 36 PRELIMINARY PRINCIPLES the best intentions, and after using the greatest care and diligence to inform themselves, moreover after the most mature reflec- tion, are unable to foresee and calculate the consequences of their actions. Unforeseen contingencies sometimes occur in human affairs, which baffle human sagacity and foresight. How- ever anxiously we look into consequences, they often elude our penetration. Hard, indeed, would be our condition, if, without regarding our intention and the accompanying circum- stances, our actions were to be ultimately and finally estimated by their consequences. 2. Again, by directing our attention too exclusively to a moral estimate of our external actions, we are in danger of losing sight too much, of that restraint, which it is indispensable to impose on the thoughts and inclinations ; in other terms, of neglecting the moral culture of the heart, out of which are the issues of life, and which is to be kept with all diligence. # The rule of expediency is a rule of calculation ; valuable as it is, it refers chiefly to our external conduct, and ought never to be permitted to withdraw our attention from the suggestions of an enlightened and unsophisticated conscience. It may be useful in aiding the conscience, but must not be allowed to supersede its high functions. I subjoin two practical applications of this principle, by way of illustration. 1. Every one is morally responsible for the consequences of his actions, so far as he foresaw them, or might have foreseen them by diligence and care. 2. We are prepared to understand and to explain several current maxims, which are in the mouths of many persons, but not always with a just understanding of their import. "We must not do evil that good may come," that is, we must not violate a general principle, for the sake of any particular and immediate good consequence, which may result from such vio- lation. The converse of this maxim, couched in very different terms, is often cited thus, u The end sanctifies the means ;" a dangerous maxim, and the more so, because men of worth and of the best intentions, having good objects to accomplish, have * Prov. iv. 23; Mat. xv. 18-20. AND DISCUSSIONS. 37 sometimes acted upon it. They seem to have made this mistake by looking so intently at their good object, that they did not scrutinize the means, by which they proposed to attain it. In truth, there is always an inclination to view the means in the favorable light which the end reflects upon them. We know how apt persons are to consider the cause good which they wish to see advanced ; and, on the strength of this maxim, they are tempted to be unscrupulous in using any means which they deem likely to promote it. A good object should be accom- plished by good means only. A bad cause may be consistently advanced by bad means. Moreover, we sometimes hear this maxim ; u We must do our duty without shrinking, and leave the consequences to God." But we have seen, that one test, by which we are to judge of our duty, is the consequences which may probably result from our conduct. If we foresee, that the consequences of a particular line of conduct will probably be evil, or that the evil will probably preponderate over the good, we ought to abstain from such line of conduct. This maxim is often used by the inexperienced, the rash, the passionate, the enthu- siastic, and the fanatical, to justify their conduct. III. The preceding sources by which conscience is enlight- ened and guided, to wit, the law of the land, and a regard to the consequences of our conduct, are subordinate ; and the su- preme authority, which supplies their deficiencies, is the sacred Scriptures. These contain a system of moral truth, comprised in facts, customs, precepts, and principles, adapted to all ages, nations, climates, and circumstances of life. This position is an important one, and, moreover, is not so obvious as not to require a careful illustration. The Scriptures, in reference to the periods of time which they embrace, are usually considered by divines under three dispensations ; the Patriarchal, the Mosaic, and the Christian. It will be conven- ient to review the various writings of which the Scriptures con- sist, under these same divisions ; by which we shall see, that this moral system was gradually unfolded, according as these dispensations succeeded each other in the order of time, and according to the degree of knowledge mankind possessed, the 38 PRELIMINARY PRINCIPLES kind of life they led, and various other circumstances which affected their condition. 1. The book of Genesis comprises nearly all the Patriarchal writings. It is more valuable for the moral facts (that is, facts having a moral bearing and influence,) and institutions which it makes known, than for the principles of a moral kind which it contains, though it is not destitute of the latter. It makes known the creation of the earth, the heavens, and all things else, from nothing, in opposition to the ancient philosophers, some of whom maintained that the universe had existed for ever, while others ascribed its origin to blind chance. It also makes known, that the universe was created by one God, in opposition to Poly- theism ; and these two facts united, along with the duty of wor- shipping one God, lay a foundation for a belief in the moral doc- trine of a Divine Providence. The creation of man in the divine image, by which the dig- nity and excellence of his nature are recognised, and by this recognition, the duty of acting up to the dignity of his na- ture, — the origin of all the branches of the human family, however diversified by complexion, features, habits, and degrees of improvement, from a single pair, thus creating between them all, the ties and obligations of kindred, and the interest and sym- pathy in each other's welfare which spring from a common orig- inal, — the institution of the Sabbath, and of marriage between one man and one woman, — all have a silent, but most effectual moral bearing and influence. These facts and institutions prepare the way for the high esti- mate set on human life by the Almighty, and for the command, under the most severe penalties, against taking it away.* The introduction, wide-spread increase, and overwhelming punishment of sin by a universal deluge, viewed in connexion with the ac- companying circumstances, imply a coextensive standard of mor- als, not indeed reduced to writing, but that law of God written in the hearts of men, which has in all ages and among all nations, as we have seen,f caused substantially the same acts and habits to be recognised as virtues or vices, merits or crimes. During * Gen. iv. 5-14; ix. 5, 6. t See above, pp. 6 - 10. AND DISCUSSIONS. 39 the remainder of the Patriarchal times after the deluge, when the pastoral life chiefly prevailed, furnishing ease, leisure, and abund- ance, crimes against the person do not seem to have been numer- ous, and against property they were almost unknown. 2. It has been seen, that the morality of the Patriarchal dis- pensation consisted in facts and institutions having a moral bear- ing and influence, much more than in written precepts and posi- tive principles. This was consistent with the circumstances of the times, and the simple state of society which then prevailed. But, as the institutions of Moses contemplated that the Hebrews should dwell in settled residences, and pursue chiefly the agricul- tural life, written rules of law and morals became desirable and necessary. Accordingly, as soon as their deliverance from the Egyptians was fully accomplished, Moses, under divine guidance, began to organize their civil and religious polity, by the enactment of va- rious laws and ordinances, suited to their condition and pros- pects. Among them the great moral laws, usually called " the Ten Commandments," are the most remarkable. They were ever after their promulgation the basis of the Jewish polity ; and, while the other parts of the Mosaic ordinances have been superseded by " the bringing in of a better hope," # they retain the freshness of their divine original, and, surviving the polity of which they were originally the corner-stone, they have been made the basis of the morals of the new and more perfect dispensation. f The first commandment requires us to acknowledge but one God, the creator of the heavens and of the earth, and to make him the object of our supreme love, reverence, and homage. The second forbids idolatry, a most degrading sin, and, as his- tory shows, the prolific parent of almost every other. The claim of the Almighty to be acknowledged as the God of the Hebrews was exclusive of the claim of every other being. The Hebrews were very much addicted to idolatry, and in fact were never effectually weaned from it, until they had tasted the bitter- ness of a seventy years' captivity in Babylon. The third com- mandment forbids profaneness, a sin which has not even the * Heb. vii. 18, 19. See Schleusner in verb, l\-ri 5 . t Mat. xxii. 35-40; xix. 16-20; Luke, x. 25-28; James, ii. 8-11. 40 PRELIMINARY PRINCIPLES excuse of being committed under circumstances of temptation, which is destructive of all reverence of God's holy name, and which is equally a violation of manners, morals, and religion. The fourth appoints a time for religious worship. All nations, that have been blessed with the true religion, have concurred in the duty of worshipping the true God ; and, so strong is the conviction, that " there is a power above us," in the minds of men, that they who have not enjoyed the true religion, have still worshipped gods which their own imaginations have devised, and which their own hands have fashioned. In the acknowledgment of God, it is suitable that there should be an outward homage, significant of our inward regard and reverence. If, then, it is a duty to worship God, it is proper that some time be set apart for that purpose, when all may worship him harmoniously and without interrupting each other. One day in seven is surely no more than a reasonable portion of time to be devoted to so high a purpose. The fifth enjoins upon children that respect and honor of their parents, which is due to them next after the hom- age paid to Almighty God, and which, as St. Paul says, " is the first commandment with promise." # Injuries to our neighbour are then classified in the remaining five commandments. They are divided into offences against life, chastity, property, and character. It is worthy of notice, also, that the greatest offence in each class is expressly for- bidden. Thus, murder is the greatest injury to life ; adultery, to chastity ; theft, to property ; and perjury, to character. Again, the greater offence must include the less of the same kind. Mur- der must include every injury to life ; adultery every offence against chastity, and so of the rest.f Moreover, the moral code is closed and perfected by a command forbidding even improper desire in regard to our neighbour. The neglect of the duties thus prescribed, and the committing of the offences forbidden, * Ephesians, vi. 2. t This view of the sixth, seventh, eighth, and ninth commandments is fully sustained by our Saviour himself. See Mat. v. 21, 22, 27, 28, where every thing tending to endanger life is pronounced to be a violation of the sixth ; and every thing tending to excite or inflame lust, a violation of the seventh commandment. AND DISCUSSIONS. 41 are the frequent theme of prophetic warning, remonstrance, and denunciation, throughout every part of the Mosaic dispensation. But Hebrew morality is not yet exhausted, and is worthy of still further illustration. The fifteenth Psalm contains a summary of personal duty so excellent, that it has drawn forth the admi- ration of some, who have not admired many other parts of the sacred writings. The Book of Proverbs is an extremely valu- able collection of moral and prudential maxims and sentiments, the result of the enlarged experience of the wisest of men, and applicable to every situation and exigency of human life. The cautions against suretiship will be most commended by those who have had most experience in human affairs. Nowhere do we find stronger commendations of industry, frugality, chastity, temperance, and integrity, or more serious warnings against idle- ness, strife, envy, drunkenness, and rioting. Nowhere are the ruinous courses of the wicked more impressively depicted, or the inevitable consequences to which they lead, more graphically delineated. Nowhere are pride, covetousness, selfishness, the indulgence of rash anger, and the abuse of the tongue in the manifold ways of falsehood, slander, secret calumny, false wit- ness, and blasphemy, more forcibly reproved. Nowhere are the wiles, the cunning, and the hardened front of the woman, "who forsaketh the guide of her youth and forgetteth the cov- enant of her God," and " whose house is the way to hell, go- ing down to the chambers of death," more vividly described. All authors, ancient and modern, cannot furnish such a picture of the virtuous woman.* Every duty in life is enjoined and skilfully commended to our notice, and not only every vice, but every species of folly and even indiscretion, is guarded against. But it is in his concern for the young, and in his commenda- tion of wisdom, that the wisest of men has put forth all the strength of his persuasive wisdom and eloquence. u Happy is the man that findeth wisdom, and the man that getteth under- standing. For the merchandise of it is better than the merchan- dise of silver, and the gain thereof than fine gold. She is more * Prov. xxxi. 10-31. 42 PRELIMINARY PRINCIPLES precious than rubies ; and all the things thou canst desire, are not to be compared unto her. Length of days is in her right hand ; and in her left hand riches and honor. Her ways are ways of pleasantness and all her paths are peace. She is a tree of life to them that lay hold upon her ; and happy is every one that retainelh her. The Lord by wisdom hath founded the earth ; by understanding hath he established the heavens."* Moreover, the books usually termed Apocryphal in reference to their origin, must not be entirely omitted, even in a very brief review of the moral writings of the Hebrews. They are partly historical and partly moral, and may well be read, as St. Jerome says, " for example of life and instruction of manners." They are written in the peculiar style of the Hebrew Scriptures, and mani- festly by men of distinguished piety. It will not be necessary to advert to any but the moral part of these writings. a The Wis- dom of Solomon " consists of two parts ; the first, which is writ- ten in the name of Solomon, contains a description or encomium of Wisdom ; by which comprehensive term the ancient Hebrews understood prudence and foresight, knowledge and understand- ing, and chiefly a high sense of religion and of moral obligation. Of virtue the author says, " The memorial thereof is immortal ; because it is known with God and with man. When it is pres- ent, men take example at it ; and when it is gone, they desire it ; it weareth a crown, and triumpheth for ever, having gotten the victory, striving for undefiled rewards."! Of old age he says, " Honorable age is not that which standeth in length of time, nor that is measured by number of years ; but wisdom is the gray hair unto men, and an unspotted life is old age. "J The other part contains a variety of subjects, reflections on the history and conduct of the Hebrews, &c. The ancients ad- mired this book for its elegance, and for its admirable moral precepts, and some of them styled it " the treasury of virtue." " The Wisdom of Jesus the Son of Sirach, or Ecclesiasti- cus," opens with an exhortation to the pursuit of wisdom. To this succeeds a collection of moral sentences or maxims, ar- ranged very much after the manner of the Proverbs of Solomon, * Prov. Hi. 13-19. t Wisdom of Solomon, iv. 1,2. t Ch. iv. 8, 9. AND DISCUSSIONS. 43 and continuing to the end of the forty-third chapter. Here the author commences a eulogy of the patriarchs, prophets, and other celebrated men among the Hebrews, which is continued through the fiftieth chapter. The book concludes with a prayer. Except the inspired writings, a collection of purer moral pre- cepts does not exist. The unrivalled description of the power and majesty of Truth, contained in 1 Esdras, iv. 34, &c, has been universally admired. " Great is the earth, high is the heaven, swift is the sun in his course, for he compasseth the heavens round about, and fetcheth his course again to his own place in one day. Is he not great that maketh these things ? Therefore, great is the truth, and stronger than all things. All the earth calleth upon the truth, and the heaven blesseth it ; all works shake and tremble at it, and with it is no unrighteous thing. Wine is wicked, the king is wicked, women are wicked, all the children of men are wick- ed, and such are all their wicked works ; and there is no truth in them ; in their unrighteousness also they shall perish. As for the truth, it endureth, and is always strong ; it liveth and con- quereth for evermore. With her, there is no accepting of per- sons or rewards ; but she doeth the things that are just, and refraineth from all unjust and wicked things ; and all men do well like of her works. Neither in her judgment is any un- righteousness ; and she is the strength, kingdom, power, and majesty of all ages." 3. As the Gospel of Christ is, in all respects, more perfect than the Mosaic dispensation, # u for the law made nothing per- fect, but the bringing in of a better hope did," f it may be ex- pected that its morals will partake of this superior perfection. This higher morality consists not merely, nor perhaps princi- pally, in the particular precepts dispersed through the writings of the New Testament, but much more in the spirit which pervades these writings, in the universality of the design of the Gospel, in the moral sanctions which this Gospel establishes, in the moral qualities, habits, and sentiments displayed in the lives, conver- sation, and instruction of its inspired teachers and primitive * Heb. i. 1-3 j iii. 1-6. t Heb. vii. 19. 44 PRELIMINARY PRINCIPLES disciples ; and, above all, in the divine character of the Saviour himself. It may be useful to give a very rapid sketch of the qual- ities and characteristics of the morals of the Gospel, before pro- ceeding to expand, illustrate, and apply the system in its details. (1 .) The Mosaic dispensation was a shadow of good things to come, and not the very image of the things ; * but life and immortality are, in a preeminent sense, brought to light through the Gospel. f The writings of the Old Testament were less clear and definite in regard to a future life than might be wished ; and one chief design of Christianity, as a revelation, was to in- fluence the conduct of human life, by giving unquestionable proof of a future state of rewards and punishments. The direct object, therefore, of the design was to furnish motives to moral conduct rather than rules ; sanctions rather than precepts. And man- kind stood most in need of motives and sanctions. The works of the Greek and Roman moralists show, that the members of society can, in all ordinary cases, judge very well what their duty is ; but, without a future state, or, what is the same thing, without accredited evidence of such a state, they want a motive to their duty ; at least they want strength of motive sufficient to bear up against the force of passion and the temptation of imme- diate interest. The rules of the ancient moralists were without sanctions and authority. In conveying to the world, therefore, unquestionable assurances of a future existence, Christianity supplied precisely what was most needed by mankind, and ren- dered the very service, which it might have been expected a pri- ori would be, so far as morals were concerned, the chief end and office of a revelation from God 4 (2.) Again; Christianity is the only religion, which has ever contemplated extending itself and its blessings through the earth by peaceable means ; which has made its duties and obligations universally binding ; and which has imparted its encouragements, its hopes, its prospects, its consolations, and its renovating and pu- rifying power, to men of all conditions and circumstances of life.§ * " Effigies solida et expressa." — Cicero, De Officiis, Lib. III. c. 17. See also Heb. x. 1. t 2 Tim. i. 10. t See Paley's Evidences of Christianity, p. 224. § See Mat. viii. 11; X. 18; xiii. 38; xxviii. 19, 20; Mark, xvi. 15,16; John, x. 16. AND DISCUSSIONS. 45 Mahomet and his successors contemplated making his religion universal ; but they relied for success on the power of the sword. A brief historical review will convince us, that this characteristic of the Gospel is much more extraordinary than we are accus- tomed to suppose ; and that, before the time of Christ, it had not entered into the mind of any one, that the extension of a single religion throughout the earth was either possible or desir- able ; much less, that it could become the duty of each indi- vidual to contribute to this extension according to his ability, or that it was the moral duty of each one to regard the whole hu- man race as his brethren, and to consult their welfare and inter- est as occasion might occur and opportunity be presented. The Jewish religion was exclusive and even repulsive in its spirit, and several of its provisions unfitted it to extend over more than a small tract of country.* Before the coming of Christ, as well as since, almost no age has been destitute of individuals, who, looking beyond mere kindred and self-interest, have been willing to contribute the fruit of their labor and genius to the good of mankind. The number of such men, with whom Providence has from time to time blessed the earth, has been considerable, and they shed a lustre over the ages to which they respectively belong. But as disin- terested as was the aim of these individuals, as exalted as was their purpose, and as expansive as their benevolence might be ; they never reached more than a part, and usually a very small part of mankind. No one, even in the utmost ardor of his zeal, ever thought of embracing all men within the ample sphere of his good-will, and still less entertained a serious design of ben- efiting, either morally or physically, the entire human race. We may understand, indeed, how far such a design was from being entertained even by the best men, from the saying of Cicero, himself, next to Socrates, the most perfect example of expansive good-will up to his time ; to wit, that a man's country embraced all the affections of every man.f This he says, not by way of censure, but of approbation, and as the utmost stretch to which the good-will of any man ought to expand itself. Probably even * Exod. xxiii. 14, 17; Deut. xvi. 16. t De Officiis. Lib. I. c. 17. 46 PRELIMINARY PRINCIPLES this distinguished man would have viewed a further extension of good-will as overstepping the bounds of reason and patriotism. The design, then, of benefiting morally and religiously the whole human race, without regard to complexion, country, cli- mate, or other circumstances, — a design which enters into the very essence and heart of Christianity, — had occurred to no one before the advent of the Saviour of mankind. But this is a most important feature of Christianity, and will be seen still more manifestly and impressively, if we inspect ancient history and ancient writings somewhat more minutely. His mind must be infected with incurable prejudice, who has studied the writings of the ancient Greeks and Romans, without kindling with admiration of the moral and intellectual qualities of many of the patriots and statesmen whose names adorn the an- nals of these celebrated nations. Their actions and writings, and the traits of personal character which those writings make known to us, contain much, very much, that is worthy of our admiration ; and his taste and judgment are not to be envied, who can hold them in light estimation. Still it is doing no in- justice to these illustrious authors, patriots, and statesmen, to say, that no one had attained the comprehensiveness of good-will, which led him to entertain the design, or to devise a plan of benefiting all men without discrimination. The great fame of Hercules has been celebrated from the earliest dawn of history to the present hour, yet he did no more than wander over the earth ; by his great strength, ridding the inhabitants, wherever he came, of the monsters which afflicted them. This he did, moreover, impelled (it is said) by the anger of Juno, and not from his spontaneous good-will. He is not said, even by tradition, to have formed any plan for instructing, reform- ing, or otherwise morally improving the human race, or any part of it. The design of such men as Sesostris, Alexander, Pyrrhus, and Caesar, was in no other sense universal, than as they wished to devastate the earth universally, and subject all mankind to military domination and despotic sway. The early founders of cities, too, who, themselves rising above the ignorance and barbarism of their times, had the skill and ad- dress to assemble men in considerable numbers, and to put them AND DISCUSSIONS. 47 in the way of becoming civilized, by introducing agriculture, commerce, manufactures, the arts, letters, and government among them, are well entitled to much praise and admiration ; still their enterprises, as meritorious as they were, admit of contrast rather than comparison with the founding of that great commonwealth of righteousness and peace, into which the author of Christianity proposed to bring all men wherever scattered over the face of the earth. We must form the same judgment of those men, who by their personal valor and military skill defended their country in ancient times. The history of the Greeks and Ro- mans is full of examples of this kind ; Miltiades, Themistocles, Leonidas, Agesilaus, Epaminondas, Philopcemen, Brutus, Fa- bricius, Camillus, Marcellus, the Scipios, and many others. Who does not know, and who can forget, their splendid achieve- ments, their elevation of mind, and their intense love of country ? But in illustrating the point before us, it cannot be necessary to do more than refer to men of this class. Amidst all their great- ness, they never looked beyond the interests of their own country. Instead of wishing to benefit all mankind, or as many as possi- ble, the object of their achievements could only be accomplished by the overthrow and destruction of all opposed to them. And, moreover, the motive from which they acted was of a mixed nature, composed quite as much of a desire of personal fame as of the pure love of country. Nor, if we turn to the ancient lawgivers, salutary and praise- worthy as their labors were, shall we find any one who had formed a plan of extending the benefit of his labors to all mankind. Their laws are filled with no doubtful or indistinct traces of narrow and selfish views, and not unfrequently manifest a jealous and hostile spirit towards all other nations. To the class of lawgivers belong the Seven Wise Men of Greece, so called by reason of the wisdom supposed to be manifested in the laws and maxims which they wrote and promulgated. It was the pervading policy of all the ancient States, and especially those of Lacedaemon and Rome, to make the citizens warriors, and to encourage and inspire them with the spirit of conquest and the lust of domination. Even in time of peace, one nation did not look upon another with a friendly eye. The Roman law 48 PRELIMINARY PRINCIPLES lays it down as a settled principle, with respect to nations with whom the Romans were at peace, but had no particular alliance, that whoever passed from one country to the other, immediately became a slave.* The views of them all were comparatively exclusive, contracted, and selfish. If, moreover, we resort to the ancient philosophers, who flour- ished before the coming of Christ, and make ourselves ac- quainted with their lives and writings, we shall still be unsuc- cessful in finding any one who raised his mind above his imme- diate sphere, or whose good-will was much more expansive than that which we have ascribed to the ancient lawgivers and founders of cities. Some of them admit, indeed, that there is a certain degree of relationship (societas) among all mankind, the bond of which consists in reason and speech ; and that men are not born for themselves alone, but that they may be useful to each other ; f but we search the writings of the ancient phil- osophers in vain for any plan of benevolence embracing all mankind, and for any trace of that fraternal love, by which the Saviour sought to unite all the families of the earth in unity of faith, and in the bonds of righteousness and peace. If we regard practical wisdom, good-will to man, ardor and zeal in instructing and benefiting as many as possible, Socrates is confessedly the chief of the ancient philosophers. What scholar can peruse his defence of himself and his instructions, as given by his celebrated disciple Plato,J without being strong- ly affected, and moved with admiration of that greatness of mind, which, in prosecuting his salutary and disinterested de- sign, led him to disregard and despise all the objects usually esteemed most valuable among men. He declares in presence of his judges, that he will not be deterred, by the fear of any punishment which they can inflict, from maintaining his accus- tomed intercourse with his fellow-citizens, in which his habit had been to avail himself of every opportunity to exhort them to the practice of honor and virtue. He professes, that he will not yield obedience to their decrees, if they attempt to prevent him from instructing his countrymen in the way of truth and * Digests, 49. 15. 5. 2. t Cicero, De Legibus, Lib. I., and De Ofliciis, Lib. I. i Apologia Socr. AND DISCUSSIONS. 49 duty ; and adds the celebrated resolution, " I will obey the Di- vinity rather than you." # He declares, that he has been given to his country by the special favor of the Divinity, and says, that, mindful of his high commission, he has, during many years, to the total neglect of his private interest, devoted himself to the welfare of his countrymen, and, addressing the citizens individu- ally as opportunity offered, with all the interest and affection of a father or an elder brother, has exhorted them to the love and practice of virtue. But, noble and disinterested as were the views of this great- est of all the ancient philosophers, what comparison can be in- stituted between him and the Author of Christianity, in regard to their respective designs, and the spirit manifested in them ? Socrates labors to instruct and reform the Athenians ; Jesus designs to instruct and renovate the human race, spread over the face of the earth ; and not only so, but his design embraces the renovation and salvation of all the future generations of mankind. Socrates, although he sees how vain and impious the sentiments of his countrymen are, concerning the nature of the Divinity, not only does not dare to overthrow the idolatry of Athens, but thinks that some allowance should be made for their prejudices, and even participates in their superstition. The Gospel of Jesus, on the other hand, was designed (and much of this design has been accomplished) to overthrow and exterminate all false divinities throughout the earth, and to bring all men to unite in the worship of the supreme and true God. Socrates is not deterred from his design by the menaces of his ungrateful countrymen, and at length perishes by a mild and honorable kind of death. The design unfolded in the Gospel of Jesus excites against him, both the utmost virulence of the Jews, and the scorn and con- tempt of the Gentiles ; and at length he dies the death of the cross, a punishment, of all the most painful and ignominious. Finally, although we may rightfully view Socrates as the first of all the philosophers of antiquity, still, when we consider the plan which he devised, the labors he performed, or the knowledge he imparted, we must be convinced that he was far, very far, 50 PRELIMINARY PRINCIPLES surpassed, even by the apostles of our Saviour ; and that, in re- spect to the Saviour himself, when we regard the design, the spirit, and the power of his Gospel, never man spake like THIS MAN.* (3.) Christianity is the only religion which has undertaken to control and regulate the prime sources of human action, by put- ting a moral restraint on the thoughts. The feelings and propen- sities of mankind, which require to be specially curbed in their ultimate sources, are of two kinds, — the malicious, and the voluptuous passions. "From within," says our Saviour, "out of the heart of men, proceed evil thoughts, adulteries, fornica- tions, murders, thefts, covetousness, wickedness, deceit, lascivi- ousness, an evil eye, blasphemy, pride, foolishness ; all these evil things come from within, and defile the man."f He denounces the Scribes and Pharisees in the most severe terms, because, while they made clean the outside of the cup and of the platter, they were within full of extortion and excess. He says, they appeared outwardly righteous unto men, but within were full of hypocrisy and iniquity. And he compares them to whited sepul- chres, which appear outwardly beautiful, but within are full of dead men's bones and of all uncleanness. J And, above all, the searching and decisive declaration designed to curb the first risings of unlawful desire ; — "Whosoever looketh on a woman to lust after her, hath committed adultery with her already in his heart." § No one can doubt, that the control and regulation of the pas- sions and propensities of our nature is indispensable, and that the placing the check on the thoughts, instead of the actions, is one important point of difference between religion and law. While Christianity manifests the utmost solicitude to regulate the affec- tions, appetites, and desires, the law is contented with bringing the actions of delinquents to its tribunal, and does not take notice of their thoughts, or even their intentions, except so far as these give a character to their actions. From the nature of the case, the law must be satisfied with regulating the actions of men ; but Christianity, addressing itself immediately to the conscience, * John vii. 46. — See Reinhard's Opuscula Academica, Vol. I. p. 240, &c. t xWark vii. 21-23. t Mat. xxiii. 25-28. § Mat. v. 28. AND DISCUSSIONS. 51 has the power to penetrate the inmost recesses of the human breast, and to curb the inmost thoughts. Christianity makes the control of the thoughts essential. External appearance is no recommendation, internal purity is every thing. And every reflecting man must be convinced, that this is the only discipline which can succeed. The law of the land is extremely defective, as a moral system, because, among other reasons, while it pro- hibits certain actions, it can impose no restraint on the thoughts. Wise legislators, in all ages, have been sensible of this defi- ciency in the reach of the law.* "Without restraint, all the pas- sions soon become ungovernable, and their effects disastrous. u Every moment of time," says Haller, " that is spent in medi- tations upon sin, increases the power of the dangerous object which has possessed our imagination."! This may suffice to illustrate the great moral feature of Christianity, which goes up to the sources of human conduct, and imposes a curb, where it will be most effectual, on the thoughts, affections, passions, appetites, desires, and intentions. (4.) In Christianity, mere profession is unvalued and disregard- ed, unless accompanied by practical morals and active virtue. " Not every one (no one) that saith unto me, Lord, Lord, shall enter into the kingdom of heaven ; but he that doeth the will of my Father who is in heaven." J "I will have mercy and not (rather than) sacrifice." § "Not the hearers of the law are just before God, but the doers of the law shall be justified." [| u Be ye doers of the word, and not hearers only, deceiving your own selves. Whoso looketh into the perfect law of liberty, and continueth therein, he being not a forgetful hearer, but a doer of the word, this man shall be blessed in his deed." Again, " Pure religion and undefiled before God and the Father is this, — to visit the fatherless and widows in their affliction, and to keep himself unspotted from the world. "IF Any profession of Christianity which does not produce good works, as its natural fruit, is pronounced vain and hypocritical. In this way, Christian morals are inseparably incorporated with * See above, pp. 30 - 32. t Quoted by Dr. Paley, Evidences of Christianity, p. 232. t Mat. vii. 21. § Mat. ix. 13. II Rom. ii. 13. If James i. 22-27. 52 PRELIMINARY PRINCIPLES a profession of the Christian religion. u Bring forth, therefore, fruits meet for repentance." * Again, " Ye shall know them by their fruits. Do men gather grapes of thorns, or figs of thistles ? Even so, every good tree bringeth forth good fruit ; but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit, is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them."f Again, comparing faith and works, St. James says, u What doth it profit, my brethren, though a man say he hath faith, and have not works ? Can faith save him ? If a brother or sister be naked, and destitute of daily food, and one of you say unto them, Depart in peace, be ye warmed and filled ; notwithstanding ye give them not those things which are needful to the body ; what doth it profit ? Even so faith, if it hath not works, is dead, being alone. By works a man is justi- fied, and not by faith only. For, as the body without the spirit is dead, so faith without works is dead also." And the same sacred writer declares, that mere belief in one God without a corresponding moral effect, is no better than the belief of devils, who, while they believe, tremble at the vengeance of the Most High.+ We have seen that mere profession, and even zeal, however impassioned, without corresponding practical virtue, will not be acceptable ; and it may be added, that neither are actions, done from motives of ostentation and desire of fame, virtuous in the eye of Christianity. Still it is the selfish desire of fame, to be used for purposes of self-gratification only, or chiefly, and not to be turned to the benefit of mankind, on which Christianity frowns. We may aim, and ought to aim, to acquire reputation, which we propose to ourselves to use rightfully and beneficially. " Take heed that ye do not your alms before men, to be seen of them, otherwise ye have no reward of your Father which is in heaven. When thou prayest, enter into thy closet ; and, when thou hast shut the door, pray to thy Father which is in secret ; and thy Father which seeth in secret shall reward thee openly." § * Mat. iii. 8. t Mat. vii 16-20. J James ii. 14-26. § Mat. vi 1 -6. AND DISCUSSIONS. 53 What is here said of prayer and almsgiving, must, by parity of reasoning, be applied to all other duties and virtues. " This exclusion of regard to human opinion," says Dr. Paley, u is a difference, not so much in the duties to which the teachers of virtue would persuade mankind, as in the manner and topics of persuasion. And in this view the difference is great. When we set about to give advice, our lectures are full of the advan- tages of character, of the regard that is due to appearances, and to opinion ; of what the world, especially of what the good or great, will think or say ; of the value of public esteem, and of the qualities by which men acquire it. Widely different from this was our Saviour's instruction ; and the difference was founded upon the best reasons. For, however the care of reputation, the authority of public opinion, or even of the opinion of good men, the satisfaction of being well received and well thought of, the benefit of being known and distinguished, are topics to which we are fain to have recourse in our exhortations ; the true virtue is that which discards these considerations absolutely, and which retires from them all, to the single internal purpose of pleasing God. This, at least, was the virtue which our Saviour taught. And in teaching this, he not only confined the views of his fol- lowers to the proper measure and principle of human duty, but acted in consistency with his office as a monitor from Heaven." * Furthermore, with Christianity, the mild, gentle, and peaceful virtues take precedence of all others. u As we have many members in one body, and all members have not the same office ; so we, being many, are one body in Christ, and every one members one of another." That is, Christians, in respect to harmony, are to resemble the limbs of the human body in their intimate union. u Let love be without dissimulation. Be kindly affectioned one to another with brotherly love ; in honor preferring one another ; patient in tribulation, continuing instant in prayer ; distributing to the necessity of saints ; given to hospitality. Bless them which persecute you ; bless, and curse not. Rejoice with them that do rejoice, and weep with them that weep. Be of the same mind one toward another. * Evidences of Christianity, p. 238. 54 PRELIMINARY PRINCIPLES Mind not high things, but condescend to men of low estate. Be not wise in your own conceits. Recompense to no man evil for evil. Provide things honest in the sight of all men. If it be possible, as much as lieth in you, live peaceably with all men. Avenge not yourselves, but rather give place unto wrath : for it is written, Vengeance is mine ; I will repay, saith the Lord. If thine enemy hunger, feed him ; if he thirst, give him drink. Be not overcome of evil, but overcome evil with good." * These passages all stand by the side of each other ; the New Testament is full of such ; it is superfluous to quote more. Even among the mild virtues, which, as a class, take precedence of all others, the preference is given to charity, or a good-will so diffusive as to embrace all mankind. This crowning virtue of Christianity, moreover, is preferred before that hope which maketh not ashamed, which is a helmet of salvation, and an anchor of the soul both sure and steadfast ;f and before that faith, which is the substance of things hoped for, the evidence of things not seen, and without which it is impossible to please God. " And now abideth faith, hope, charity, these three, but the greatest of these is charity." J St. Paul says, " If there be any other commandment, it is briefly comprehended in this saying, Thou shalt love thy neighbour as thyself." And again, " For all the law is fulfilled in one word, even in this, Thou shalt love thy neighbour as thyself." § St. John says, u This command- ment have we from him, That he who loveth God, love his brother also." || St. James calls the same commandment, u the royal law. "IT (5.) The peculiar doctrines of Christianity were, at its first promulgation, absolutely new to the world, and the character of the Christian is to be formed under the united influence of its doctrines and its morals. And, if it cannot be said of its morals as of its doctrines, that there was any thing absolutely new in them, still it can be said, with the most perfect truth, that Chris- tianity has improved and corrected our views of all the virtues and duties of life, by infusing its peculiar spirit into them. This * Rom. xii. 4-21. t Rom. v. 5; 1 Thess. v. 8 ; Heb. vi. 19. t Heb. xi. 1-6; 1 Cor. xiii. 13. § Rom. xiii. 9; Gal. v. 14. I 1 John iv. 21. 1T James ii. 8. AND DISCUSSIONS. 55 is the case with some much more than with others ; — patriotism, friendship, and humility, may serve for illustration. It was im- possible that a religion so benign as the Christian, destined to be universal, and being itself the ultimate standard of morals, should be without an influence on the entire department of morals, — if not direct, still both real and beneficial. Patriotism, as understood in Greece and Rome, and too often also in later times, justified outrageous wrong towards every other nation, * provided the patriot could, by such wrong, advance the supposed interests of his own country. Christian patriotism, while it permits and requires a just preference of our own coun- try, still enjoins good- will to all other nations. Again, many of the sentiments of the ancient writers respecting friendship are just and proper in themselves, and cannot be perused without admira- tion. They comprise tenderness, amiableness, faithfulness, and a willingness to make sacrifices for the sake of a friend ; but, at the same time, they permit and encourage a spirit of exclu- sion and indifference to the welfare of all who are out of the pale of a man's friendship, that has been softened by the universal benevolence, which is the corner-stone of Christian morals. So again, humility (humilitas), which among the Romans signified meanness, abjectness, in its Christian meaning signifies a low estimation of ourselves and our deserts in the sight of God, but is not inconsistent with all suitable manliness and independence of spirit and conduct in the sight of men. Finally, Christianity has softened and rectified the spirit and temper, which we should carry into all the situations and relations, which we sustain in life, by enjoining on us the great law of love ; to wit, " All things whatsoever ye would that men should do to you, do ye even so to them." f But the character of our Saviour, as well as the doctrines and moral precepts taught by him, is a part of the morality of the * The Roman history, however, contains instances to the contrary. — See Cicero, De Officiis, Lib. III. c. 11,22. " Non fraude, neque occultis, sed palam et armatum populum Romanum hostes suos ulcisci, " — " Not by fraud, not by secret machinations, but openly and armed, the Roman people avenges itself on its enemies; " was the answer of the Senate of Rome to the proposition of the king of the Catti, to take off Arminius by poison. \ Mat. vii. 12. - 56 PRELIMINARY PRINCIPLES gospel ; * without some delineation of which, this part of my labors would be too imperfect and unsatisfactory. But how shall I acquit myself on this part of the subject ? Not by attempting to do it justice ; for this would be impossible. Who can, with safety, attempt to portray the moral character of the Saviour of mankind ? As never man spake , so never man acted, like this man. f What may not be done fully , however, may be done imperfectly ; and, if a vivid picture cannot be drawn, a faint one at least may be furnished. The imperfections may well be attributed to the writer. The greatest of the Roman orators and moralists, and the most eloquent and valuable writer of all antiquity, (Cicero,) has left us a delineation of a great and good character, in the draw- ing of which, he may well be presumed to have exhausted his utmost skill. The chief excellences combined in the character of the great and good man delineated by him, are, a low estimate (con- tempt) of riches, power, honor, and the other gifts of fortune, — a willingness to undertake arduous labors, incur dangers, and even expose life itself in a good cause, — independence of mind, — the pursuit of nothing but what is honorable and praiseworthy, — and that complete self-control, which raises a man above the influence of all passion and agitation of mind, and puts it be- yond the power of external circumstances to discompose or otherwise disturb him.| And it must be admitted, that these * Paley's Evidences of Christianity, p. 252. t John vii. 46. t I subjoin the entire passage, of which the above is a summary. — " All true greatness of mind," says he, "is especially seen in two things ; — the first is a generous contempt or disregard of all the goods of fortune, proceeding from an opinion, that it is unworthy of a man, to admire or wish for or endeavour after anything, unless it be honorable and becoming; to submit himself to the will of any one ; to be a slave to his own irregular passions ; or, in any way, to be affected by the caprices of fortune. When he has acquired such a temper of mind as I have been describing, — then the second thing is, that he perform such actions as are glorious and beneficial, but withal very full of labors and difficulties, and extremely hazardous to life itself, as well as to those things which pertain to life, and on which the value of life very much depends. Now all the lustre and dignity of these two things, nay, I add, all their usefulness too, consists in the latter ; but the principle, as it were, and effective cause of all true greatness, consists in the former. For, in that," continues he, " are con- tained those noble aspirations, which exalt men's minds, and raise them above AND DISCUSSIONS. 57 are severe and searching tests by which to try greatness and ex- cellence of character. But we may subject the character of the Saviour of mankind to tests vastly, nay, infinitely more severe, searching, and comprehensive, than those put forth by the rich and cultivated imagination of this greatest master of all antiquity, and it will not be found wanting. 1. We may reflect on the moral sublimity of the design op his coming ; which was to bring life and immortality to light ;* to overthrow the dominion of Satan, sin, and misery ; and to es- tablish an empire of peace, knowledge, and righteousness, which should embrace all the nations of the earth within its ample bounds. 2. We may reflect on the nature of the means which HE EMPLOYED TO ACCOMPLISH HIS SUBLIME AND BENEFICENT design; which were, the exclusive devotion of himself to every labor of benevolence ; to the working of miracles, which were to be, in every country and in all succeeding time, the standing and overwhelming proofs of the divinity of his mission ; to the instruction of all men without discrimination of rank, as occasion was given him, and of a select band of disciples in par- ticular, to whom was to be intrusted a portion of his miraculous power ; the instructing of all mankind in his religion, and the organization of a society (the church) ,f designed to be a uni- versal commonwealth of peace, intelligence, and holiness ; and, to crown all, the voluntary sacrifice of himself on the cross, to make an atonement by which the pardon of sin might be ren- dered possible, and repentance might become effectual to salvation. all earthly things. The first particular, too, is itself made up of two parts, — 1. An opinion, that nothing is truly and really good, but what is honorable, 2. Freedom from every kind and degree of passion or disturbance of mind. For, what can more discover a man of a brave and heroic spirit, than to make no account of those things which seem so glorious and dazzling to the gener- ality of mankind, but entirely to disregard them ; not from any vain caprice and humor, but from solid and firm principles of reason and judgment. Or what can more show strength of mind and unshaken constancy, than to bear those heavy and numerous calamities, which are incident to mankind in this life, with such firmness and consistency of temper, and fixedness of soul, as never to transgress against nature and right reason, or do any thing unworthy of the dignity and character of a wise man." — De Orficiis, Lib. I. c. 20. * 2 Tim. i. 10. t See Bishop Butler's Works, p. 159. London, 1828. 8 58 PRELIMINARY PRINCIPLES 3. Again, we may reflect on the personal qualities displayed by the Saviour, in prosecuting a design thus fraught with the choicest hopes and prospects of mankind ; his patience and endurance, equally inexhaustible by labor, by suffer- ing, and by provocation ; his uncompromising denunciations of iniquity, in places however high, and under circumstances however hazardous ; * his mildness and benevolence, as seen in his kindness to children,! in his weeping upon the death of his friend Lazarus J and over the approaching ruin of his country, § in his notice of the widow's mite, (j in his para- bles of the ungrateful servant, of the pharisee and publican, and of the good Samaritan, and in his prayer for his enemies in the midst of his sufferings, which seems then to have been new, though it has since been frequently imitated ; his humility, as seen in his commending moderate desires after the goods of fortune, IT and in his constant reproof of contentions for superiority ; his piety and devoutness of mind, as seen in his frequent retire- ment for solitary prayer,** in his habitual giving of thanks, ff in his reference of the laws and beauties of nature to a Divine Providence, JJ in his earnest addresses to his Father, more par- ticularly the brief but solemn prayer before calling Lazarus from the tomb, in the profound piety of his behaviour in the garden on the last evening of his life ; §§ his prudence, where prudence is most wanted, that is, on trying occasions, and in giving an- swers to artful and ensnaring questions. Particular and striking instances of these are seen in his withdrawing, at various times, from the first symptoms of tumult, |||) with the wish of pros- ecuting his ministry in quietness ; in his declining every kind and degree of interference with the civil affairs of the country ; in his judicious answer to the ensnaring question respecting the payment of tribute to Caesar ; UT in his solution of the difficulty concerning the interfering relations of a future state, as proposed * Matt. xi. 20 - 24 ; xxiii. 13 - 38, &c. t Mark x. 16. t John xi. 35. § Luke xix. 41 - 44. || Mark xii. 42. IT Luke xii. 15 - 34. ** Matt. xiv. 23 ; Luke ix. 28. ft Matt. xi. 25 ; Mark viii. 6 ; John vi. 23 ; Luke xxii. 17. tt Matt. vi. 26 - 28. § § John xi. 41 ; Matt. xxvi. 36-47. HI] Matt xiv. 22; Luke v. 15, 16; John v. 13; vi. 15. HIT Matt. xxii. 19. AND DISCUSSIONS. 59 to him in the case of a woman who had married seven breth- ren ; # and, more especially, in his reply to those who de- manded from him an explanation of the authority by which he acted, which reply consisted in proposing a question to them, situated between the very difficulties into which they were insid- iously endeavouring to draw him. f 4. Finally, we may reflect on the effects produced by Christianity even thus far, as seen in its superseding the Mosaic dispensation, which was but " the shadow of good things to come " ; J in its gradual undermining, successful assault, and final overthrow of the great system of Roman superstition, u which," as Gibbon says, " was interwoven with every circum- stance of business or pleasure, of public or private life, with all the offices and amusements of society ; " § in the civilization, public order, general cultivation and refinement, which it commu- nicated to the barbarians who destroyed the Roman empire, and, penetrating the forests and mountains from whence they issued, brought at length these countries themselves within its civilizing, enlightening, elevating, and purifying power ; in the increasing knowledge, and advancement in art and science, in private and public morals, in social and political institutions, which have always accompanied its progress everywhere ; especially in its accom- panying the origin and advances of European colonization on this immense continent, in Africa, in the islands of the great Pacific and Indian oceans, and in the vast dominions of British India ; in its diminishing the frequency, softening the fierceness, and miti- gating the calamities of war ; in its putting an end to the crime of infanticide ; in its restoring the wife from a condition of hu- miliation and servitude, to be the companion, the associate, the confidential adviser and friend of her husband ; in providing a home for the poor, the outcast, and the forsaken ; and in exter- minating the combats of gladiators, the impurities of superstitious rites, and unnatural vices not to be named and scarcely to be referred to in the presence of a Christian assembly,|| and known * Matt. xxii. 28. f Matt. xxi. 23, &c. See Paley's Evid. pp. 252-257. t Col. ii. 17; Heb. viii. 5; x. 1. § Quoted by Dr. Paley, Evidences, p. 19. || Exod. xxii. 19 ; Levit. xviii. 23 ; Deut. xxvii. 21 ; Rom. i. 24, 26, 27. 60 PRELIMINARY PRINCIPLES even by name only to antiquaries ; in the advancing cause of Christianity, which promises in the fulness of time to bring all nations within its benign pale ; — I say, when we thus reflect On THE DESIGN OF THE SAVIOUR, THE MEANS USED BY HIM TO ACCOMPLISH HIS DESIGN, THE PERSONAL VIRTUES DIS- PLAYED BY HIM, AND THE EFFECTS OF CHRISTIANITY WHICH HAVE BEEN ACCOMPLISHED AND WHICH WE MAY ANTICIPATE, — we cannot fail to be satisfied of the immeasurable superiority of our Saviour's moral character, not only over all the real per- sonages who have adorned the annals of mankind, but over the imaginary model drawn after the rich and fruitful imagination of the greatest of the Roman writers, orators, and moralists. Such, to wit, the law of the land, the estimate of consequences, and above all the Scriptures of the Old and New Testament, in- cluding our Saviour's moral character, presented as it is for our imitation, are the chief sources by which the consciences of men are to be enlightened and guided. It seems proper, in this connexion, to anticipate and dispose of a plausible objection, which has sometimes been urged against the science of moral philosophy. It has been supposed by many good men, whose opinions are entitled to much respect, that as the New Testament must com- prise a complete system of Christian morals, there can be no place for moral philosophy ; and, consequently, that this science has been so superseded as to be useless. To this objection it may be replied, 1. That the New Testament is rather the basis of a system of Christian morals than the system itself. It con- tains the root from which the system must grow up ; it is the mine, which, although full of the richest ore, still needs working. 2. The morals of the New Testament are taught, for the most part, incidentally ; its precepts are thrown out occasion- ally as they were suggested by circumstances and occasions. It is the province of moral philosophy to collect those which relate to the same subject, to classify, illustrate, and apply them. This AND DISCUSSIONS. 61 is in some measure the case with the doctrines of the New Tes- tament, but is still more so with respect to its moral principles. 3. Many of the moral precepts of the New Testament are expressed in absolute terms ; they require to be qualified and limited, and it is the office of moral philosophy to ascertain these limitations and qualifications. Thus, u Children, obey your pa- rents in all things," * "Let wives be subject to their own hus- bands in every thing," f u Submit yourselves to every ordinance of man," J must all be suitably limited and qualified. 4. Again ; some precepts are proverbial, and describe the spirit and temper at which we ought to aim, rather than the par- ticular actions we are to perform. Such are the directions, not to resist evil, to turn the other cheek, to go with him two miles who shall compel you to go one, to give your cloak to him who by process of law has taken your coat, not to lay up treasures on earth ; § these and many such like maxims are to be com- plied with in the spirit which they teach, and not in their literal meaning. Constant exemplifications of these four observa- tions will be seen, as I proceed to collect, define, expand, illus- trate, and apply the scriptural system of morals, to the various employments, situations, and circumstances of mankind, and to the various relations in life, which they are accustomed to sustain. * Col. iii. 20. t Eph. v. 24. J 1 Peter, ii. 13. § Matt. v. 39 - 42. DIVISION OF THE SUBJECT. No particular division of a subject is otherwise important than as it is natural, suited to the subject, sufficiently comprehensive, and contributes to perspicuity and order of arrangement. To secure these ends, writers on moral philosophy have used several divisions, suited to the particular views of the science,' which they have taken themselves, and have wished to communicate to their readers. By one ancient division, practical morals were divided into benevolence, prudence, fortitude, and temperance. " Benevo- lence," says Dr. Paley, "proposes good ends; prudence sug- gests the best means of attaining them ; fortitude enables us to encounter the difficulties, dangers, and discouragements which stand in our way in pursuit of these ends ; temperance repels and overcomes the passions that obstruct it. Benevolence, for instance, prompts us to undertake the cause of an oppressed or- phan ; prudence suggests the best means of doing it ; fortitude enables us to confront the danger, and bear up against the loss, disgrace, or repulse that may attend our undertaking ; and tem- perance keeps under the love of money, ease, or amusement, which might divert us from it." * By another ancient division, virtue was divided into two branches, prudence and benevolence, — prudence consisting in attention to our own interest, benevolence in a regard for the interests of our fellow-men. The ancient moralists regarded prudence, fortitude, temperance, and justice, as the cardinal vir- tues. But they used these terms with a latitude of meaning quite unknown to them at the present time. By wisdom, among the ancients, was understood universal knowledge of things human and divine ; f while prudence {cpgovfjaig) was said to consist in a knowledge of things proper to be desired, or to be avoided. f Prudence, therefore, differed from wisdom, as a part differs from a w 7 hole. Prudence, moreover, with them, * Moral and Political Philosophy, p. 25. t Cicero de Officiis, Lib. I. c. 43. $ Idem, Lib. I. c. 43 ; Lib. III. c. 17. DIVISION OF THE SUBJECT. 63 comprised what we call experience and practical skill, more es- pecially the skill and presence of mind requisite to take measures wisely according to circumstances and emergences.* When all the parts of our nature were in perfect concord with one another, when the passions never aimed at any gratification which reason did not approve, and when reason never commanded any thing but what these, of their own accord, were willing to perform ; this happy composure, this perfect and complete harmony of soul, constituted that virtue, which in the Latin language is ex- pressed by a term which we usually translate temperance, but which might more properly be translated equanimity, or sobriety and moderation of mind.f When the high-spirited passions, such as ambition, the love of excellence, the love of honor and the dread of shame, had that degree of strength and firmness, which enabled them, under the direction of reason, to despise all dangers in the pursuit of what was honorable and noble ; it constituted the virtue of fortitude. | The Stoics defined fortitude to consist in courage (virtus) con- tending on the side of justice. § Justice, the last and greatest of the cardinal virtues, was seen, when each of the faculties of the mind confined itself to its proper office, without attempting to encroach upon that of any other ; when reason directed and passion obeyed ; and when each passion performed its proper office, and exerted itself towards its proper object, easily and without reluctance, and with that degree of force and energy, which was suitable to the value of the object pursued. In this consisted that complete virtue, that perfect propriety of conduct, which Plato, after some of the ancient Pythagoreans, denomi- nated justice. || In modern times, moral philosophy has usually been divided according to the duties which it enjoins, rather than according to particular virtues ; thus, 1. Our duties towards God ; as piety, reverence, resignation, &c. 2. Our duties towards other men, that is, our relative duties ; as justice, charity, fidelity, &c. * Cicero de Officiis, Lib. I. c. 5 ; Lib. II. c. 9. Smith's Moral Sentiments, Vol. II. p. 68. t See Euripides' Medea, 635, 636. Smith's Moral Sentiments, Vol. II. p. 68. t Idem, Vol. II. pp. 67, 68. § Cicero de Officiis, Lib. I. c. 19. |f Smith's Moral Sentiments, Vol. II. p. 68. 64 DIVISION OF THE SUBJECT. 3. Duties towards ourselves ; as the preservation of life, care of health, chastity, sobriety, temperance, &c. This division has been retained by Dr. Paley, but still he does not seem to be satisfied with it.* There are duties public and private, personal, domestic, so- cial, and official. There are duties of peace and of war. There are duties appropriate to youth, to middle age, and to advanced life ; duties of sex, of condition, of time, of place, and of cir- cumstance. There are duties of patriotism and of good neigh- bourhood ; duties of health and of sickness. The great and permanent relations of husband and wife, of parents and children, of master and servant, all bring their duties with them. Wealth brings its duties, influence its duties, knowledge its duties, talents their duties, rank its duties, and all the professions and employ- ments of life their corresponding duties. It has not been easy to fix on a division which shall comprise all these particulars, and which shall, at the same time, be natural and perspicuous. After much reflection, I have concluded to use the following ; Part I. Our relation to God, and the moral duties thence arising. Part II. Our relation to our country, and the moral duties thence arising ; that is, the duties of patriotism. Part III. The chief relations of mankind to one another, and the duties thence arising ; that is, the duties which men re- ciprocally owe to each other. Part IV. Personal duties, or the duties of men to them- selves. Part V. A review of the chief professions and employ- ments of life, so far as regards the moral duties which they involve, their moral principles, practices, influences, tenden- cies, &c. Part VI. A special consideration of certain duties and vir- tues, of a character peculiarly Christian ; and a similar consider- tion of certain vices and evils. The conclusion of the treatise embraces a review of the chief means on which we are to rely, for improving the moral condition of mankind, and for advancing human happiness. * Moral and Political Philosophy, Book IV. p. 215. PART FIRST. OUR RELATION TO GOD, AND THE MORAL DUTIES THENCE ARISING. CHAPTER I. ELUCIDATION OF THIS HIGHEST OF OUR RELATIONS, AND OF THE MORAL INFLUENCE OF A BELIEF IN A SUPREME BEING. That high and supreme relation, which connects man with his Maker, cannot fail, if our minds have not been debased by sin, or perverted by sophistry, to be considered by us, as of all, the most sublime and interesting. Our Maker is not only the supreme and ultimate cause of our existence, but our kind and unceasing Benefactor. As he has existed from everlasting, so he will continue to exist to everlasting. The heavens which cover us, and the earth which lies beneath our feet, as well as our- selves, are the workmanship of his hands. His power is infi- nite, his wisdom is unerring, his benevolence is perfect. Be- sides conferring upon us an immortal existence, all our hopes and prospects for time and eternity depend on our securing his favor and averting his displeasure. Human excellence, even when most conspicuous, is blended with many imperfections, and seen amidst many defects. It is beheld only in detached and separate fragments, nor ever ap- pears, in any one character, perfect and entire. So that when, in imitation of the Stoics, we wish to form out of these frag- ments the image of a perfectly wise and good man, we are sen- sible, that it is a mere fiction of the mind, without any real being in whom it is embodied and realized. In the belief of a Deity, however, these conceptions are reduced to reality ; the scattered rays of an ideal excellence are concentrated, and be- come the real attributes of that Being with whom we stand in 9 66 OUR RELATION TO THE DEITY. [Part I. the nearest relation, who sits supreme at the head of the uni- verse, and pervades all nature by his presence and power. The idea of the Supreme Being has this peculiar property ; that, as it admits of no substitute, so, from the first moment it is formed, it is capable of continual growth and enlargement. God himself is immutable, but our conception of his character is continually receiving fresh accessions, is continually becoming more extended and glorious, by having transferred to it new elements of sublimity and goodness, by attracting to itself, as a centre, whatever bears the impress of beauty, order, dignity, and happiness. It unites the splendor of every species of ex- cellence ; of all that is fair, great, and good in the universe. The idea of a Supreme Being, and of a superintending Provi- dence, invests the universe with all that is finished and consum- mate in sublimity and excellence. The admiration of perfect wisdom and goodness for which we are formed, and which kin- dles such glowing rapture in the soul, finds in this idea a source of full and exhaustless satisfaction. Thus contemplated, the world presents a fair spectacle of order, beauty, and harmony, of a vast family nourished and watched over by an Almighty Father. When we reflect, therefore, on the manner in which the idea of Deity is formed, and on the sublime interest which a belief in the Deity, the first fair, the first sublime, the first good, im- parts to the universe, we must be convinced, that such an idea and such a belief, intimately present to the mind, must have a most powerful effect in imbuing the mind with right moral tastes, affections, and, habits, — the elements of moral character, and the springs of moral action. The efficacy of these views in producing and augmenting virtuous tastes and habits, will, indeed, be proportioned to the vividness with which they are formed, and the frequency with which they recur ; yet some benefit will not fail to result from them even in their lowest de- gree. And as the object of religious worship will always be, in some measure, the object of imitation, hence arises a fixed standard of moral excellence ; by the contemplation of which, the tendencies of man to wickedness are counteracted, the conta- gion of evil example is checked, and human nature rises above Chap. I.] MORAL INFLUENCE OF A BELIEF IN GOD. 67 its natural level. Our conception of the Deity, then, composed as it is of the richest moral elements, embraces, under the character of a Beneficent Parent and Almighty Ruler, whatever is venerable in wisdom, whatever is awful in authority, whatever is touching in goodness ; and a belief in this Supreme Being, and in his superintending Providence, has always been accom- panied by a salutary moral influence on mankind.* The argument, which has been advanced respecting the great and special moral influence arising from a belief in a God and his superintending Providence, may be confirmed by an appeal to the recorded convictions of mankind, as seen in the writings of all times and every country. And this is a position of so much importance, that it may be well to set it in a perfectly clear light, by subjoining a few illustrations of this kind. Mr. Addison, in the person of Cato, has well declared the natural and settled convictions of mankind at all times. " If there 's a power above us, And that there is, all nature cries aloud Through all her works, he must delight in virtue ; And that which he delights in must be happy ; " — that is, must lead men to happiness. f An oath for confirma- tion, — >an end of all strife, \ is coeval with any considerable ad- vancement in civilization among all nations, and is a public re- cognition of the moral influence of a belief in a Divinity, equally familiar and venerable. The moral influence of a be- lief in a Divinity, shows, moreover, the indissoluble connexion which subsists between religion and morals, as also between reli- gious sentiment and moral character and conduct. " Let no one," says Plato, u utter falsehood, or deceive, or commit any impure act with an invocation of the gods, unless he wishes to render himself hateful to the Divinity." § The prayer of Cyrus when death was approaching, is instructive in the same point of view.[| The works of Cicero are everywhere rich in instruction to the same effect. " However much," says he, " we may be disposed to exalt our advantages, it is nevertheless certain, that we have been surpassed in population by the Spaniards, in physical force * Robert Hall's Works, Vol. I. p. 30. t Tragedy of Cato, V. 1. % Heb. vi. 16. § Quoted by Rosenmtlller, in Exod. xx. 7. || Xenophon, Cyri Disciplina, Lib. VIII. c. 7. 68 OUR RELATION TO THE DEITY. [Part I. by the Gauls, in shrewdness and cunning by Carthage, in the fine arts by Greece, and in mere native talent by some of our Italian fellow-countrymen ; but, in the single point of attention to religion, we have exceeded other nations, and it is by the fa- vorable influence of this circumstance upon the character of the people, that I account for our success in acquiring the political and military ascendency that we now enjoy throughout the world." * All who are familiar with the Greek tragedies know how many illustrations might be drawn from thence. I content myself with a single specimen from Sophocles' CEdipus Tyrannus. The Chorus sings thus ; — line 863, &c. " Grant me, henceforth, ye powers divine, In virtue's purest paths to tread ; In every word, in every deed, May sanctity of manners ever shine, Obedient to the laws of Jove, The laws descended from above." Again, " Perish the impious and profane, Who, void of reverential fear, Nor justice nor the laws revere ; Who leave their God, for pleasure or for gain ; Who swell by fraud their ill-got store ; Who rob the wretched and the poor." But the most instructive passage to be found in all heathen anti- quity, illustrative of the moral effect of a belief in " a power above us," is in Claudian, and must be familiar to every classi- cal scholar. f Such is a specimen of the recorded convictions of heathen writers on this subject ; and it shows, among other things, how much superior, in its moral tendency, heathenism is to the atheism, or even to the skepticism of our days. I scarcely know whether it may be advisable to add any thing to the preceding from Christian times and Christian authors ; but, at the risk of doing what is superfluous, I will subjoin some few confirmations of this kind. To collect, however, the senti- ments of individuals would be an endless task, and, after all, might not be satisfactory. It may be more useful to resort for testi- * Quoted by A. H. Everett, in the Senate of Massachusetts, 1831. t In Rufinum, Lib. I. ; translated in the London Quarterly Review, No. LXXXV. p. 187. Chap. I.] MORAL INFLUENCE OF A BELIEF IN GOD. 69 mony to distinguished bo-dies or communities of men, and to this end, I will quote a few examples of the deliberate and well-con- sidered sentiments of the American Revolutionary Congress. On occasion of recommending a fast, this Congress declared, that " the great Governor of the world, by his supreme and uni- versal Providence, not only conducts the course of nature with unerring wisdom and rectitude, but frequently influences the minds of men to serve the wise and gracious purposes of his providential government; that it is, at all times, our indispensable duty devoutly to acknowledge his superintending Providence, and to reverence and adore his immutable justice." * They say, (March 16th, 1776,) they are "desirous to have people of all ranks and degrees duly impressed with a solemn sense of God's superintending Providence, and of their duty devoutly to rely, in all their lawful enterprises, on his aid and direction." They declare the end of setting apart the day to be, "that we may with united hearts confess and bewail our manifold sins and trans- gressions, and, by a sincere repentance and amendment of life, appease his righteous displeasure, and, through the merits and mediation of Jesus Christ, obtain his pardon and forgiveness." March 7th, 1778, they recommend a similar day, "that, at one time and with one voice, the inhabitants may acknowledge the righteous dispensations of Divine Providence, confess their in- iquities and transgressions, and implore the mercy and forgiveness of God, and beseech him that vice, profaneness, extortion, and every evil may be done away, and that we may be a reformed and happy people" Another proclamation of March 11th, 1780, recommends, " that we may, with one heart and one voice, im- plore the Sovereign Lord of heaven and earth to remember mercy in his judgments, to make us sincerely penitent for our transgressions, to banish vice and irreligion from among us, and establish virtue and piety by his divine grace." March 20th, 1781, u That we may with united hearts confess and bewail our manifold sins and transgressions, and by sincere repentance and amendment of life, appease his righteous displeasure, and, through the merits of our blessed Saviour, obtain pardon and forgiveness ; * Journals of Congress, 12th June, 1775. 70 OUR RELATION TO THE DEITY. [Part I. that it may please him to inspire our rulers with incorruptible integrity, and to direct and prosper their councils ; that it may please him to bless all schools and seminaries of learning, and to grant that truth, justice , and benevolence, and pure and unde- jiled religion may universally prevail." Such is a small specimen of the sentiments of the illustrious fathers of the American revolution, on the moral tendency and effect of a belief in God and his superintending Providence. They do honor to their authors, and are the best illustration, by way of authority, of the practical moral efficacy of a belief in the God of heaven and earth, which could well be given. I may fear having done them injustice by quoting so small a part of their valuable sentiments, dispersed through the Congressional docu- ments. They are worthy of the serious and careful perusal of every American citizen. * Belief in God, then, and in his superintending Providence, is alike the foundation of morals and of religion. In God is con- centrated all that is sublime, glorious, holy, and happy. A belief in him includes something more than a mere acknowledgment of his existence ; it includes a belief in him, as he has made himself known in his works, f and more especially in the revelation which he has made of himself, his nature, his attributes, and his will respecting mankind, in the Scriptures of the Old and New Testa- ment. But the moral effect of a belief in God, and of the great truths embraced in such belief, will depend very much on the strength and vividness of our conviction and on the fulness and exactness of the instruction which we have received. Unquestionably, the existence of God, of his Providence, and of the great truths of Divine revelation, may be acknowledged in general terms, without a corresponding moral effect being seen in the life and conversation. The heathen, whose case St. Paul describes, | acknowledged God, (knew God,) still they glorified him not as God, neither were thankful ; but became vain in their imaginations and their foolish heart was darkened. So darkened, * Larger portions of them are quoted, and all of them are referred to, in Note E. pp. 35-39, of a Sermon preached by the Author before the Convention of the Protestant Episcopal Church of the Diocese of South Carolina, 1833. 2d ed. t Rom. i. 20. $ Rom. i. 19-32. Chap. II.] DUTY OF REVERENCING GOD. 71 indeed, did their understandings become, by reason of their re- jecting the knowledge of God, that although they professed them- selves to be wise, they were guilty of the foolishness of changing the glory of the incorruptible God into an image made like to corruptible man, and to birds, and four-footed beasts, and creep- ing things ; and moreover, of changing the truth of God into a lie, and worshipping and serving the creature more than the Crea- tor, who is blessed for ever. It was for this, that God gave them up to unnatural lusts and every species of vile affections. Grow- ing worse and worse, u as they did not like to retain God in their knowledge," (v. 28,) " he gave them over to a reprobate mind," and, after their hardness and impenitent hearts, to treasure up wrath to themselves against the day of wrath and the revelation of the righteous judgment of God.* To prevent a declension to the ways of vice and the depths of sin so fatal, and to keep up in men's minds that strong conviction and deep sense of God, which is the root and branch of practical morals, and which the Scriptures call faith in him, we must rely on the conscientious performance of the duties which spring from the relation which we sustain to him ; which duties are now to be examined and unfolded. CHAPTER II. THE GENERAL DUTY OF REVERENCING GOD. When submitted to a careful and exact analysis, reverence for the Deity comprises a deep sense of our own insignificance, — of his divine majesty, his incomprehensible nature, his eternal existence, knowing equally no beginning and no end ; of his Almighty power, to which all things are equally easy, and in whose operations all degrees of facility, whether in the creation of a world or of an atom, are unknown ; of our ignorance, and of his omniscience and divine wisdom, unsearchable and past finding * Rom. ii. 5. 72 OUR RELATION TO THE DEITY. [Part I. out ; a sense of our dependence, and of his absolute and perfect independence of time, place, circumstances, and events ; a sense of our sinfulness, and of his immaculate and essential holi- ness, in whose sight the very heavens are unclean. * Reverence for God includes, moreover, reverence for his name, which is holy and reverend, f and not to be used in vain ; for his attributes, his revelation of himself, his worship, and his ordinances. It comprises again, a respectful regard for his ministers who serve at the altar, for the edifices consecrated to his service, and for whatever else pertains to the celebration of his worship. It is not necessary to say, that levity in regard to these subjects, or any of them, and still more all sneering and scoffing, are totally inconsistent with the smallest degree of rever- ence for God. They indicate a heart destitute of every vestige of religious feeling, an understanding steeled against all conviction of religious truth, and both a heart and an understanding equally inaccessible to any religious impression. In such a state of the feelings, the truth can take no hold on the consciences of men, and no fair and candid estimate can be made of the all-command- ing claims, sanctions, and evidences of religion. In this condi- tion, they are beyond the reach of human aid ; and there is, in truth, no aid for them, but in the awakening, enlightening, and sanctifying power and grace of that Holy Spirit, from whom " all holy desires, all good counsels, and all just works proceed." The fate of despisers of the truth and ordinances of God is, to wonder and perish. Their perdition shall be amazing and won- derful to themselves and all around them. They are men rep- robate concerning the faith and to every good work. J What has been said of ridicule, sneering, and scoffing, applies substantially to all sarcasms, jestings, and even pleasantry, when exercised upon the Scriptures, or upon the places, persons, and forms set apart for the service of religion. They are alike in- consistent with a religious frame of mind ; for, as no one ever either feels himself disposed to pleasantry, or capable of being diverted with the pleasantry of others, upon matters in which he is deeply interested ; so a mind intent upon the acquisition of * Job xv. 15. t Ps. cxi. 9. i Acts xiii. 41 ; 2 Tim. iii. 8; Tit. i. 16. Chap. III.] DUTY OF WORSHIPPING GOD. 73 heaven rejects, with indignation, every attempt to entertain it with jests, calculated to degrade or deride subjects which it never recollects but with seriousness and anxiety. Nothing but stupidity, or the most frivolous dissipation of thought, can make even the inconsiderate forget the supreme importance of every thing which relates to the expectation of a future existence. Whilst the infidel mocks at the superstitions of the vulgar, as he chooses to consider them, insults over their credulous fears, their childish errors, or fantastic rites, it does not occur to him to observe, that the most preposterous device, by which the weakest devotee ever believed he was securing the happiness of a future life, is more rational than unconcern about it. Upon this sub- ject, nothing is so absurd as indifference ; no folly so absurd as thoughtlessness and levity. * CHAPTER III. THE DUTY OF WORSHIPPING GOD. There is a distinction between reverencing and worshipping God. Both are external duties, and God is the immediate object of both ; the distinction between them is, that the one is nega- tive, the other positive ; the one consists in abstaining from some impious act, the other in performing some act of piety. When, from a sense of duty to God, we rest on Sunday during a jour- ney, we perform a duty of reverence ; when, from the same motive, we attend church on Sunday, we perform an act of worship. f The special object of worshipping God, is, to keep up that reverence for him in the mind, which cannot be preserved with- out habitual attendance on some external service, by which a habit of devotion and reverence, and their consequent moral influences may be maintained. The formation, preservation, and strengthening of this habit of devotion and reverence for * Paley's Moral and Political Philosophy, p. 270. t Idem, p. 230. 10 74 OUR RELATION TO THE DEITY. [Part I. God and divine things, together with instruction in the doctrines and duties of Christianity, are the aim and end of divine worship, and in them its public and private benefit consists. This subject is an important one, and comprises, — the natu- ralness and reasonableness of divine worship, private and public ; — the subject matter of which, prayer, thanksgiving, and praise ought to consist ; — a review of the part of public worship designed specially for instruction, consisting of the reading of the Scrip- tures, preaching, and catechetical instruction; — and an illustra- tion of the benefits, public and private, of divine worship, when attended with diligence and with a suitable temper and spirit. 1. The naturalness and reasonableness of divine worship, pri- vate and public. A conviction of the existence and influence, as has before been said, of "a power above us," which guides our destinies, to which we are responsible, to which we are bound equally by duty and interest to have regard, whose favor we may gain and whose displeasure we may propitiate, by some exertions which we may use and some sacrifices which we may make, seems, in all ages and among all nations, to have been irresistibly forced on the understandings of mankind. * Under the influence of this natural conviction, men have always raised their minds in prayer to some superior Being, or beings, as is attested by the literary remains of every nation under heaven. It is true that this natural sentiment has often been greatly obscured by ignorance, by neglect, and by great misuse and perversion of talents ; but no debasement of savage life, of false religion, or even of settled habits of sin, formed, cherished, and persevered in amidst the bright shining of the Gospel itself, has been able en- tirely to suppress and drive it from the human mind. Accordingly, the literature of Greek and Roman antiquity, and the Hindoo and Chinese literature of the present day, are filled with prayers and thanksgivings to the various deities which they acknowledged. These are the more cultivated forms of heathenism, but its ruder forms all contain evidences of the same natural sentiment and feeling. This may be called natural piety ; and however obscured and perverted, it is still good proof of the natural conviction described by St. Paul, and of the natural sen- * Romans i. 20. Chap. Ill] DUTY OF WORSHIPPING GOD. 75 timent and feeling evinced by mankind. Some of these prayers, the offspring of this natural piety, and of an unperverted con- science, are not without pure and sublime conceptions of the Deity, and just views of human wants suitable to be expressed in prayer. Dr. Lowth says of the Hymn of Cleantbes, the Stoic, inscribed to Jove, — " It is doubtless a most noble monu- ment of ancient wisdom, and replete with truths not less solid than magnificent. For, the sentiments of the philosopher con- cerning the divine power, concerning the harmony of nature and the supreme laws, concerning the folly and unhappiness of wicked men, who are unceasingly subject to the pain and perturbation of a troubled spirit, and above all," continues he, " the ardent sup- plication for the divine assistance, in order to enable him to cele- brate the praises of the Omnipotent Deity in a suitable manner, and in a perpetual strain of praise and adoration ; all of these breathe so true and unaffected a spirit of piety, that they seem in some measure to approach the excellence of the sacred poetry." # The Mahometan religion is partly derived from Judaism and Christianity, and is less absurd than any form of heathenism. The habit of public prayer among the Mahometans is well known. In such countries, the Mouzeens on the minarets f are accustomed, " to proclaim the hour For prayer appointed, and with sonorous voice, Thrice in melodious modulation full, To pronounce the highest name. l There is no God But God,' they cry ; ' there is no God but God ! Mahommed is the Prophet of the Lord ! Come ye to prayer ! to prayer ! The Lord is great ! There is no God but God ! '" It cannot be necessary to do more than merely advert, in this connexion, to the frequency and earnestness with which the Jew- ish and Christian Scriptures enjoin the same duty. Men of all climes, then, of all ages, and of all religions, have concurred in the propriety and the practice of lifting up the mind to God in prayer. This universality is the best of all proofs of the natu- ralness of Divine worship. * Lectures on the Sacred Poetry of the Hebrews. Lect. XXIX. Gregory's Translation, t See Walsh's National Gazette, Nov. 7th, 1835. 76 OUR RELATION TO THE DEITY. [Part I. The reasonableness of Divine worship might be inferred from the mere fact of its being natural, as we have seen ; but it may- be well to give it some further illustration. Prayer is expressive of our dependence upon God ; and, as all our privileges and en- joyments are the effects of his unmerited goodness, it becomes us to ask, if we would receive them. Man is created in God's own image ; * there must, then, be such a resemblance between the image and the high Original, as to justify us in reasoning analogically, provided we do it with sufficient caution, from the image to the Original. We all know how much men are influ- enced by a request made in a suitable temper and spirit. And, if this is reasonable in men, made after the image of God, is it not reasonable, that the Great Original should be influenced by prayer proffered before his throne in the spirit of dependence, and in acknowledgment that every good and perfect gift comes from him ? It is reasonable, moreover, that we should not only offer up prayer and thanksgiving privately, but also in public. For God is to be regarded as the universal benefactor of mankind, from whom we all have received public blessings, and to whom, there- fore, we owe public acknowledgments. Private prayer and thanksgiving are, by no means, adequate returns for public blessings. Convinced, then, that prayer and thanksgiving are both natural and reasonable, and knowing that they are enjoined as an imper- ative Christian duty, we shall not be moved by the skeptical sophism, " If it be most agreeable to perfect wisdom and justice that we should receive what we desire, God, as perfectly wise and just, will give it to us without asking ; if it be not agreeable to these attributes of his nature, our entreaties cannot move him to give it us, and it were impious to expect that they should." More briefly thus ; "If what we request be fit for us, we shall have it without praying ; if it be not fit for us, we cannot ob- tain it by praying." f This is the substance of all that can be said against prayer, — and it admits of an answer entirely satisfactory. It is very true, * Gen. i. 27; Col. iii. 10. t Paley's Moral and Polit. Phil., p. 231. Chap. III.] DUTY OF WORSHIPPING GOD. 77 that God will grant us what is fit ; but it is equally true, that it is not fit for him to throw away his favors upon those who will not pray for them with an humble sense of their dependence, and receive them with a grateful sense of his goodness. God is a perfect being, but it is no attribute of a perfect being to be inex- orable. God grants our petitions, not merely because we pray, but because prayer, sincere and earnest prayer, though it does not make him more willing to bestow, makes us more Jit and more qualified to receive his favors. The fitness of the thing depends upon the qualifications of the individual, and the qualifi- cation of the individual to receive, depends upon that holy, hum- ble frame of mind, from which all sincere prayer proceeds. It is not said, that the Deity is changed by our prayers, but that the relation in which we stand to the Deity is changed, when, from living in sin and disregard of God, we come to adore him in sincerity and truth. 2. The subject matter of which prayer and thanksgiving ought to consist. Prayer and thanksgiving, whether written or extem- poraneous, are, so far as the matter and style are concerned, gov- erned by the same rules. They should contain just conceptions of the Deity and of his attributes. Unworthy conceptions of God destroy or impair the purity and dignity of public worship, in which all things should u be done decently and in order," * and prevent it from having that moral influence which it is so well calculated to exercise. Men of every condition attend public worship, and erroneous or unworthy conceptions of the Deity thus become the error of multitudes. Again, they should express only those wants, desires, and aspirations, which will probably be felt by the congregation. Ideas in which the congregation can feel no interest, should not be introduced. Those prayers are the most suitable, which are best fitted to keep alive the devotion of the assembly. Confes- sion of sin, humiliation before God for its commission, petitions for forgiveness, acknowledgment of divine mercies, and aspira- tions after increased holiness, must enter into the prayers of " all orders and estates of men." They should contain, also, as few * 1 Cor. xiv. 40. 78 OUR RELATION TO THE DEITY. [Part I. controverted sentiments as possible. Scriptural ideas, scriptural sentiments, subjects, and even expressions, or such as are close- ly analogous to them, should be principally, if not exclusively used. The style of prayer and thanksgiving should be calm, solemn, dignified, earnest, and pathetic. Every thing light, and especially all quaintness, affectation, smartness, and prettiness of expression, are inconsistent with every part of divine worship, and most of all with prayer and thanksgiving.* Among the subjects of prayer, we are encouraged in Scrip- ture to pray for national blessings, to intercede for others, to re- peat unsuccessful prayer, he. ; — but we are most particularly encouraged and enjoined to pray for the Holy Spirit, to the in- fluences of whom " all holy desires, all good counsels, and all just works " are ascribed. f The fruit of the Spirit, for which we are taught to pray, is love, joy, peace, long-suffering, gentleness, goodness, faith, meekness, temperance, in all righteousness and truth4 It would be absurd to deny the operations of the Holy Spirit because we are not sensible of them, and do not know how God influences the soul.§ We ought rather to reason thus ; we know that we have been holden up by God ever since we were born ; yet we have not an intimate consciousness and feeling of that influence by which he sustains us, or any knowledge how he upholds our existence ; — in the same manner, we prove from Scripture, that he conveys his grace to us, but are strangers to the manner in which he dispenses it. We are as much depend- ent on the assistance of God for our spiritual life, as we are for our natural life ; and the manner in which this assistance is com- municated is as much unknown in the one case as in the other. It is no objection to this doctrine, that the powers of nature and the influences of grace are so blended within us that we cannot easily distinguish them. For, no more can we, in all cases, dis- tinguish our foreign acquirements from the fruits of our own ge- nius. We can no more exactly determine, in every particular, * Paley, Moral and Political Philosophy, pp. 210-214. t Luke xi. 13; John xiv. 26 ; Acts vi. 3 ; Rom. v. 5. t Gal. v. 22; Eph. v. 9. § John iii. 8. Chap. III.] DUTY OF WORSHIPPING GOD. 79 what is natural to us, and what has been acquired by us, than we can what is the effect of our own endeavours, and what is the result of the influences of the Holy Spirit. Those, who disbelieve the assistances of divine grace because they have not an inward sense of them, should consider, that an inward and distinct perception of the motions of the Holy Spirit would be inconsistent with that degree of freedom, which is neces- sary to a state of probation. If we could trace the inward work- ings of the Spirit, it would be too great a restraint upon us, and would overpower the will. Such a manifest evidence of the divine presence in us, as the sensible influence of the Holy Spirit, would be overbearing and irresistible, and would impair, if not destroy, the freedom of the will. We walk by faith and not by sights — by faith grounded upon rational and substantial proofs, — not by sight, not by any sensible indications of the Spirit dwelling in us, and working distinctly in us. The proof of the indwelling of the Spirit consists in the effects produced upon our hearts and lives. 3. Of the part of divine service which consists in giving in- struction by reading the Scriptures, preaching, and catechetical instruction, it does not seem necessary for a moral philosopher to notice any but preaching and catechetical instruction. The object of preaching is, to enlighten ignorance on the most im- portant of all subjects, to rouse indifference, to awaken the care- less, to encourage the desponding, and to edify and build up the pious in the holy faith and order of the Gospel. To effect all this, the preacher has peculiar advantages. He is invested with a commission from the King of kings ; and, by virtue of this commission, he proclaims truth of transcendent importance. The pastoral relation, too, by which the preacher is connected with his flock, is one of the most interesting which exists on earth. The preacher publishes truth, also, in the most effective of all ways, — by the living voice. He announces it, moreover, to an assembly withdrawn from the business, the amusements, and the perplexities of the world, and on a day set apart for this peculiar, this holy purpose. With a view to effect and impres- sion, he may select any subject within the wide range of theology and morals. One of the strongest passions of mankind is love 80 OUR RELATION TO THE DEITY. [Part I. of variety ; and the customs of the pulpit permit him to turn this passion to good account, by availing himself of the services of his brethren in exchange for his own. Cowper may be pre- sumed to have had these advantages in mind when he said, — " The pulpit, in the sober use Of its legitimate, peculiar powers, Must stand acknowledged, while the world shall stand, The most important and effectual guard, Support, and ornament of virtue's cause." * There are two points on which it merits an inquiry, whether the pulpit might not be made more effectual for its great pur- poses than it usually has been. It may well be doubted, whether the pulpit has not exerted its immense power too exclusively in the illustration and enforcement of doctrines, and to the neglect of morals. f While doctrinal sermons abound everywhere, — how small, comparatively, is the number of sermons in which Christian morals are very ably discussed and illustrated. This neglect to illustrate and enforce the moral duties of Christianity seems to have been increasing during the last century, and exists more in this country than in Great Britain. If the whole strength of the pulpit, u in the exercise of its legitimate peculiar powers," were directed against certain immoral maxims, habits, and usages, which extensively prevail, it is not to be doubted, that, within a few years, a much more healthful moral tone might * The Task, Book II. t On this topic, I am in danger of being misunderstood, and this I am anxious to prevent. The term " moral preacher " has unfortunately become a term of reproach, both in this country and in England. This reproachful use of the term undoubtedly arose from the delinquencies of a certain class of English preachers, whose sermons are described by Dr. Southey, as containing " nothing to rouse a slumbering conscience, nothing to alarm the soul at a sense of its danger, no difficulties expounded to confirm the wavering, no mighty truths enforced to rejoice the faithful, — to look for theology here," continues he, " would be seeking pears from the elm ; — only a little smooth morality, such as Turk, Jew, or Infidel may listen to without offence, sparkling with metaphors and similes, and rounded off with a text of Scripture, a scrap of poetry, or, better than either, a quotation from Ossian." (Espriella's Letters, Vol. I. p. 210.) To prevent all misunderstanding of my meaning, I will illustrate it by examples. Dr. Beecher's " Six Sermons on Intemperance," — Bishop Jeremy Taylor's two Sermons on the " Wedding Ring," — and the great body of Dr. Barrow's Ser- mons, are specimens of what I mean and recommend by moral preaching. Chap. III.] DUTY OF WORSHIPPING GOD. 81 be infused into society. We see what might be done by the pulpit in restraining other vices, by what it has done in check- ing the evil of intemperate drinking. Again, the instructions of the pulpit are too much of a desul- tory character. The preacher discusses one subject on the morning of Sunday, another in the afternoon, and still another on the morning of the coming Sunday. In this respect, the pulpit is unlike any other place of instruction. Every teacher and every learner of the sciences understands the importance of method and connexion in his instructions, and that he cannot expect success without them. Is not this want of systematic, connected instruction, too little regarded in the pulpit ? The usual method of unconnected preaching, seems to have originated in the inability of the clergy to prepare a systematic, well-di- gested course of pulpit instruction. Many men are qualified to preach on subjects selected without regard to connexion, who would be inadequate to prepare a systematic, instructive course. But clerical education is so much advanced at the present day, that very many clergymen must be fully qualified to discuss, illustrate, and enforce the doctrines and morals of Christianity, with system and due connexion. The truth is, that the usual style of preaching has considerable merits joined with very striking defects ; so striking, indeed, that I am convinced, the pulpit is deprived of very much of its legitimate power by their existence. It merits the serious and mature consideration of those who have authority and influence in the church, whether there ought not to be at least a partial change. Might not the peculiar advantages of the customary and the systematic style be* combined, by giving the mornings of Sundays to systematic preaching, and the afternoons to preach- ing on subjects selected with reference to the peculiar condition, wants, and circumstances of the congregation. By this change, should we not retain the excellences and remedy the defects of the present style of preaching ? It has been matter of regret with pious men generally, that catechetical instruction has fallen into such neglect in late times. In the primitive ages of the church, there was a well-known class of religious teachers named catechists, whose office it was, 11 82 OUR RELATION TO THE DEITY. [Part I. to instruct children in the elements of the Christian religion. In primitive times, too, there were great numbers of catechumens who had come to years of discretion ; but, having been born of heathen parents, had not been baptized ; — these also were in- structed by catechists, preparatory to baptism. At present, children are generally instructed in the catechism, when they re- ceive any instruction, by their parents, and are at stated times examined, in the church after divine service, by the minister of the parish to which they belong. This union of parental and clerical instruction in the rudiments of Christianity, has many advantages to recommend it ; and, in many parishes, is so conducted, as, in a very good degree, to accomplish its object. Sunday school instruction, moreover, has, within the last half- century, taken the place, in a great measure, of the ancient system of catechetical instruction. Still, immense numbers of children continue to receive little or no religious education, and the general regret of pious men, above adverted to, still continues to be not without just grounds. The first principles of reli- gion, must, still more than those of other subjects, in order to be taught effectively, be taught during early childhood and youth. Even with the best religious education of children, there is al- ways too much reason to fear, that, as they advance in life, the cares of this world, and the deceitfulness of riches, and the lusts of other things entering in, may choke the instruction given, and render it unfruitful.* 4. The benefits, both private and public, which wait on public worship, are neither few nor small. Prayer has a manifest ten- dency to nourish in us those very graces and virtues for which we pray. We shall earnestly desire lhat for which we habitually and earnestly pray ; and what we earnestly desire, we shall en- deavour to attain. Warm desires naturally ripen into corre- sponding conduct, made manifest in the life and conversation. Again, by prostrating ourselves in prayer before Him who is clothed with majesty and honor, the pride, arrogance, and self- sufficiency of prosperity are checked, and the discouragement, depression, and despair of adversity are softened and relieved. * Mark iv. 19. Chap. Ill] DUTY OF WORSHIPPING GOD. 83 Its influence, too, in aiding us to curb our passions, which are always too impatient of restraint, is very great. A habit of prayer accustoms us to a sense of the Divine presence, and se- cures us all its accompanying moral influences. It cherishes in us universal benevolence, an enlarged humanity, and a tender and sympathizing temper. Those pure and exalted sentiments and feelings, to which we accustom ourselves in the hours of devotion, will open and enlarge the understanding w T ith the most sincere and impartial good-will, will free us from all rancor to our ene- mies, from too exclusive an attachment to our friends, and from indifference to the rest of mankind. Prayers for all mankind, offered up daily to Him who is the universal parent of mankind, are benevolence, as well as devotion, put in practice every day. But the special benefits of public worship may be stated more particularly. 1. It does not seem possible to maintain, in a community, any practical knowledge of God, and the practical ascendency of Christian principles, without a stated public ser- vice. This seems so obvious as scarcely to require either argu- ment or illustration. Even where public religious service is constantly maintained, and the Gospel is preached in its purity and power, many live in disregard of God and the obligations of religion, and scoff* at all divine things. Much more would this be the case, if religion sought the shades, and entirely immured itself, like a recluse, in the closet. In such a state of things, open infidelity and impiety would sweep over the land, like the pestilence which destroyeth at noonday. It is not more cer- tain that night succeeds to day, than that the want of stated pub- lic divine service, or the general neglect and contempt of such service, must end in general irreverence of the Deity, and that to this irreverence of the Deity must succeed universal dissolute- ness of morals, and all the overflowings of ungodliness. " Religion is the presiding and genial influence over every system of morals." * Every man capable of reflection must be convinced, that, if public worship were once discontinued, a uni- versal forgetfulness would ensue of that God, whom to remember is the highest security and the most effectual preservative against * Mr. Clay's Speech in the U. S. Senate, 26th December, 1833. 84 OUR RELATION TO THE DEITY. [Part I. vice ; and that the bulk of mankind would soon degenerate into mere savages and barbarians, if there were not stated days to call them off from the common business of life, to attend to the all-important business of securing their salvation. As well may we expect law and order to maintain their influence in the land, without tribunals to declare, and a magistracy to execute the law, as to expect that religion will flourish or even exist, without a stated public celebration of its services and ordinances. 2. Again ; the moral and religious instruction gained by an ha- bitual attendance on public worship, is beyond measure valuable, especially to those who have small opportunities of gaining in- struction elsewhere. To this more than to any other cause it is owing, that, in Christian countries, some degree of intelligence is diffused among all orders of men. No man born in a Chris- tian country needs to live and die without adequate instruction in whatever pertains to virtue and godliness. 3. Moreover, the habitual assembling of men of every variety of rank, fortune, and education, in the same edifice, to join in a common religious service, has a sensible tendency to unite man- kind in the bonds of a common fellowship, to cherish and enlarge the generous affections, and, by contemplating their common re- lation to the Governor of all things, to remind them of the natu- ral equality of the human species, and thereby to promote hu- mility and condescension in the more wealthy, the more learned, and the more honorable ; and to inspire the humbler ranks with a sense of their rights and with some degree of self-respect. Office, birth, knowledge, wealth, and other distinctions known and acknowledged among men, are recognised by Scripture ; and corresponding duties are enjoined on those who enjoy these advantages and honors. We are to render their dues to all ; tribute to whom tribute is due ; custom to whom custom ; fear to whom fear ; honor to whom honor.* These distinctions, too, are sanctioned by Divine Providence as a part of the system of human affairs ; no community has existed without them, they seem inevitable ; and, if accom- panied by a proper spirit, are conducive to the welfare of * Rom. xiii. 7 ; Matt. xxii. 21. Chap. III.] DUTY OF WORSHIPPING GOD. 85 mankind. But they are usually carried too far, and valued too much, by those who enjoy them ; and the spirit, which they tend to nourish, estranges and alienates brethren of the same great family from each other, by causing discontent, distrust, jealousy, and envy. It is well, indeed, if they do not rouse the fiercer pas- sions of hatred, malice, and revenge. The magistrate feels that he represents the state, and infers from thence, that the official dignity, with which his person is clothed, must not be defiled by too much intercourse with the common people. Pride of birth must not be soiled by the touch of any thing homebred and ignoble. Learning cannot condescend to hold communion with ignorance, and wealth looks down with insolence upon the poor, the unfortunate, and the depressed. They move in dis- tinct and exclusive circles, studiously assorted on the ground of these distinctions, and their almost inevitable effect is, to impair, if not to destroy the good feeling which ought to unite all mankind by the bonds of a mutual sympathy and interest. If, at any time, the poor man is seen at the tribunal of the magis- trate, it is probably because he is dragged there to answer to the suit or prosecution of some rich and fortunate oppressor. If he visits the palaces of aristocratic pride, it is not to partake of their enjoyments, — these are reserved for guests made of like clay with their proprietors. " Materia nostra constare, paribusque elementis." * If he enters the mansions of the rich and the halls of the learned, he still finds that he is not permitted to participate in the treasures which they contain. 4. The church is the only place, in which the various classes of mankind meet each other on any thing like equal terms. In the house of God, the exclusive spirit, nourished by the arti- ficial distinctions of human pride and power, stands rebuked before the immeasurable distance, by which the highest of mortals is separated from the throne of the Almighty. Men are addressed there, not according to the wealth they have ac- quired, or the other distinctions by which they are known, but as alike the sinful children of a common parent, having similar * Juvenal, Sat. XIV. 17. 86 OUR RELATION TO THE DEITY. [Part I. wants and desires, and alike standing in need of the great salva- tion. Men are there reminded, most impressively, of the brief continuance and comparative insignificance of the distinctions, which they so earnesdy covet, and so inordinately prize. The solemn lesson is there forced upon their minds, that, whatever .accidental distinctions they may win, they have all commenced life, and must all finish it, on the same terms. It is emphatically there, that, as the wisest of men says, " the rich and the poor meet together, the Lord is the Maker of them all."* By thus habitually joining in the stated solemnities of a com- mon religious service, the pride of purse, of knowledge, of sta- tion, of ancestry, and of personal accomplishments, is laid in the dust of humiliation before God ; the estrangement and alienation in which the different classes of mankind are accustomed to live, are diminished ; they come to look upon each other with more kindly feelings ; and the decaying sympathies of a common origin and a common destiny, and the same ultimate hopes and pros- pects beyond the grave, are revived, strengthened, and saved from extinction. It does not come within the author's province, to advert to the peculiar spiritual blessings, which flow from an attendance on public worship, as his aim is to treat of moral philosophy distinct from theology. To this last science, the part of Divine worship, which consists in the administration of the sacraments, seems exclusively to belong. CHAPTER IV. THE OBSERVANCE OF SUNDAY. The important moral influences of the private and public worship of God, make the observance of Sunday a matter of great moment in the view of the moral philosopher. In treating this part of the subject, I shall, 1. Review the early history of the Jewish Sabbath, 2. Inquire whether the institution known * Proverbs xxii. 2. Chap. IV.] OBSERVANCE OF SUJNDAY. 87 originally by the name of the Sabbath, and in later times, by the name of Sunday, was designed, save the mere change of the day, to be the same, and to be of perpetual obligation. 3. In- quire what are the duties which constitute a suitable observance of Sunday. 1. It is not difficult to trace the history of the Jewish Sabbath, as most of it is contained in the Old and New Testaments. The sacred historian, after recounting the several acts of creation on six successive days, proceeds, — " Thus the heavens and the earth were finished, and all the host of them. And, on the seventh day, God ended his work which he had made ; and he rested on the seventh day from all his work which he had made. And God blessed the seventh day and sanctified it." # Blessing and sancti- fication, as applied to a day, can have no other meaning, than that the day was to be made instrumental in conferring blessings, and was to be appropriated to sacred purposes ; and the rest, ascribed to the Almighty, can intend no more than that he then completed the work of creation. No sooner was this glorious work accomplished, a work which Infinite Wisdom pronounced very good, than the Almighty Au- thor decreed that the seventh day, the first that had witnessed the fair and perfect creation, should be consecrated to his service, and become a peculiar source of blessings. The Sabbath was set apart at the creation; " it was, therefore, made for man,"f that is, for mankind universally, and not for the Hebrews only. The patriarchs led the Nomadic life, and the patriarchal histo- ry is very brief; — still, it is not without traces that they were mindful to keep the Sabbath day holy. \ The passages referred to, show, that the week was, with them, a well-known and familiar way of computing time. Again, it is said,§ that Abraham obey- ed the voice of the Lord, and kept his charge, his command- ments, his statutes, and his laws. It is not easy to believe that these did not include the observance of the Sabbath. The uni- versality of the week, can only be accounted for, from the Sab- bath having been set apart at the creation, and observed by the * Gen. ii. 1-3. t Mark ii. 27. t Gen. viii. 10, 12; xxix. 27-28. § Gen. xxvi. 5. 88 OUR RELATION TO THE DEITY. [Part I. patriarchs, from whom all the nations of the earth are descended. " We find from time immemorial," says the learned Goguet, cc the use of this period among all nations, and without any varia- tion in the form of it. The Israelites, Assyrians, Egyptians, In- dians, Arabians, and in a word, all the nations of the east, have, in all ages, made use of a week of seven days." * Another author of equal distinction says, u The period of seven days, by far the most permanent division of time, and the most ancient monument of astronomical knowledge, was used by the Brahmins in India with the same denominations employed by us, and was alike found in the calendars of the Jews, Egyptians, Arabs, and Assyrians ; it has survived the fall of empires, and has existed among all suc- cessive generations, a proof of their common origin." f During the long residence of the Hebrews in Egypt, in a state of rigorous servitude, it may well be supposed that the Sabbath was not much observed, and well-nigh forgotten. Still, after their deliverance from Egypt, the Sabbath was observed by them, before their arrival at Mount Sinai, and Moses evidently refers to it as an institution rather neglected by them, than unknown to them. \ In the Fourth Commandment, the term Sabbath is used without explanation as one well known. Moreover, when it is said, at the end of this commandment, that the Lord blessed the seventh day and hallowed it, the reference seems most manifestly to be to the original setting apart of the same day at the end of the creation. My purpose does not require me to trace the history of the Jewish Sabbath any further. 2. Was the institution, known originally by the name of the Sabbath, and in later times by the name of Sunday, designed, save the mere change of the day, to be the same, and to be of perpetual obligation ? A brief discussion and comparison will set this part of the subject in a very clear light. A distinction, which the sacred writers have been at pains to mark and insist on, is drawn between the great body of the Mosaic law and the * Origin of Laws, Vol. I. Book 3, Chap. 2. t Mrs. Somerville, Mechanism of the Heavens, Prel. Dis. p. 85. — See also Dr. D wight on the Fourth Commandment, in his Theology, and Mr. Jay's " Prize Essay," pp. 10 - 13. \ Exodus xvi. Chap. IV.] OBSERVANCE OF SUNDAY. 89 ten commandments ; of which the injunction to keep the Sabbath- day holy, is one. This distinction is seen in the origin of the ten commandments, and in the manner in which they are recog- nised in the New Testament, as well as in their intrinsic value. The greater part of the Mosaic law consists of ceremonial observances, transitory in their nature, and manifestly designed to pass away ; the ten commandments make a part of fixed and unchangeable truth, destined to survive to the end of time, and to perish only when all things else shall perish. It is in vain to attempt to separate, as has sometimes been done,* the command- ment respecting the Sabbath from the other nine, promulgated, as it was, under like circumstances with them, and recognised by the same authority. The origin of the commandments is worthy of their impor- tance, in the code of eternal truth. The circumstances were of the most imposing kind. The Hebrews, just rescued by the arm of Omnipotence from an oppressive servitude, were encamped at the foot of Mount Sinai ; they had been led by a pillar of cloud by day and a pillar of fire by night, and their subsistence in the midst of a dreary desert had been miraculous. Three days' notice was given by Moses, that u the Lord would come down in the sight of all the people upon Mount Sinai " ; and in the mean time, they were required specially to sanctify themselves. On the morning of the third day, there was a thick cloud upon the mountain, with thunders and lightnings ? and the Lord de- scended upon Mount Sinai in fire, and the smoke thereof as- cended as the smoke of a furnace, and the whole mount quaked greatly. The majestic scene was heightened, too, by the declara- tion, that, if either man or beast presumed to touch the mount, thus sanctified by the presence of the Almighty, he should surely be put to death. Then, amid thunders and lightnings and smoke, the ten commandments were proclaimed by the voice of the Almighty. The material, moreover, on which the ten commandments were written, the immediate author (God himself) of the writing, and the means used to preserve them, were worthy of the sacred * Paley's Moral and Political Philosophy, p. 262. 12 90 OUR RELATION TO THE DEITY. [Part I. and sublime scene in which they originated, and serve further to distinguish them from the ordinary laws of the Mosaic code, which were communicated without any remarkable circumstances attending them. Moses ascended the mountain, and the ten commandments were delivered to him, written upon two tables of stone, by the finger of the Almighty. When these tables had been broken, the writing was renewed upon new tables by the same Almighty hand. For their preservation, an ark was made by divine direction, of immense value, * covered inside and out- side with gold. The lid, denominated the mercy-seat, was of gold, upon which were placed two golden cherubims, overshad- owing it with their wings. By divine command, an apartment, lined with gold, was set apart in the tabernacle to receive the ark, and was named the Holy of Holies. A similar apartment was appropriated to the same purpose in the temple, and of unex- ampled magnificence. Five hundred years after the ark was made, it was removed into the temple, and it then contained, as we are informed, nothing but the two original tables of stone ; and these tables probably remained four hundred years more, when the temple was destroyed, f Besides these circumstances, so manifestly distinguishing the ten commandments from the body of the Mosaic laws, others still may be noticed. Most of the Jewish laws were suited exclu- sively to the people to whom they were given, and are wholly unsuited to other nations and countries ; but every one of the ten commandments may be observed by every nation upon the face of the earth. Most of the precepts of the Mosaic code, too, are of a ceremonial, and not of a moral kind, — they do not pertain at all to morals ; but the commands of the Decalogue are directly conducive to the peace, purity, and happiness of all who respect them ; and a general obedience to several of them is indispensa- ble to the very existence of civil society. The tendency and effect, also, of the Mosaic law, was to keep the Hebrews distinct from all other nations, and these ten commandments were of course binding on them as a part of their law ; yet not one 6f * Prideaux says, at the expense of £4,320,000 sterling. f Exodus xix. 31, 32,34, Chap. IV.] OBSERVANCE OF SUNDAY. 91 them belonged to that system of positive precepts, which were designed to draw a line between them and the rest of mankind, nor to that system of types and shadows, which anticipated the coming of the Messiah. Moreover, into the chamber which contained the ark made to preserve the two tables of stone, no one but the high priest was permitted to enter, and he only once a year, for the purpose of sprinkling blood upon the mercy-seat. On the supposition, that the ten commandments were only an ordinary part of the Mo- saic law, it is not easy to understand the significancy of this rite, since sacrifices were offered morning and evening for the sins of the Jewish people. But when we consider the ten command- ments as constituting the moral law of Jehovah, binding upon all the descendants of Adam during all time, and broken by them all, we at once perceive, in the blood sprinkled upon the mercy- seat, an emphatic type of that blood, which was afterwards shed for the sins of the whole world. When, therefore, we consider that the commandments, after having been proclaimed by the voice of God himself, under circumstances of unparalleled awe and grandeur, were twice engraven by his finger upon tables of stone, — that these tables were, by divine command, placed in a costly ark, and that deposited in a magnificent chamber con- structed for the express purpose of receiving it, — that these tables were perpetually overshadowed by a miraculous emblem of the divine presence, — that the commandments are suited equally to all ages, nations, and conditions, and are preeminently conducive to the universal welfare of mankind ; — the conclusion cannot well be resisted, that they are all, (of which the command respecting the Sabbath is one,) of perpetual obligation, and that " the Sabbath was thus made for man " universally.* Let us see, if they are not, in like manner, recognised as of perpetual obligation in the New Testament. In his sermon on the Mount, our Saviour used this decisive language ; — ■ " Think not that I am come to destroy the law or the^prophets ; I am not come to destroy, but to fulfil. For, verily I say unto you, till heaven and earth pass, one jot or one * Mark ii. 27. 92 OUR RELATION TO THE DEITY. [Part I. tittle shall in no wise pass from the law, till all be fulfilled. Who- soever, therefore, shall break one of these least commandments, and shall teach men so, he shall be called the least in the king- dom of heaven ; but whosoever shall do and teach them, shall be called great in the kingdom of heaven." * Now it can scarcely admit of doubt, that the law here referred to, which was to stand fast for ever, is the law of the ten commandments; and, if so, the perpetual obligation of the Sabbath is fully established. It is incredible, that the strong language of our Saviour was intend- ed to refer to the ceremonial law, called by St. Paul u the yoke of bondage," and in regard to the passing aivay of which, he exhorts Christians to " stand fast in the liberty wherewith Christ hath made them free." f Besides, as if to show, that the law and commandments of which he was speaking, were distinct from the ceremonial law, he proceeded to assure his audience, that, unless their righteousness exceeded that of the Scribes and Pharisees, who were extremely exact in their observance of the Jewish ritual, (the ceremonial law,) they should in no case enter into the kingdom of heaven ; and it merits notice, that, throughout the whole sermon, our Saviour dwells on the importance of the mor- al virtues, and comments upon several precepts of the Decalogue, but in no instance touches upon the obligation of the ceremo- nial law. If we understand him, therefore, as referring to the moral law, every difficulty and apparent contradiction immediately van- ishes. Far from abolishing this law, he fulfilled it by his own perfect obedience ; and his assertions respecting its continued obligation are in entire consistency with the doctrines of his own inspired apostles. The law, therefore, which was to be perpetual, and of which not one of the least commandments might be violated by any man with impunity, was no other than the Decalogue, — that law which was uttered by the voice, and written by the finger of God, over which the symbol of the divine presence had rested for ages in the Holy of Holies. If this argument is supposed to need confirmation, it may be found by consulting those passages of the New Testament, in * Matt. v. 18, 19. t Gal. v. 1. Chap. IV.] OBSERVANCE OF SUNDAY. 93 which the ten commandments are referred to as being still in force.* In all these various recognitions of the continued obli- gation of the ten commandments under the Christian dispensa- tion, no intimation is given that the fourth, pertaining to the Sabbath, is less binding than either of the other nine. Finally, Christ himself vindicated the Sabbath from the traditional super- stition of the Pharisees, explained its nature, and showed, that, as it was designed for the benefit of mankind, it did not prohibit works of necessity and mercy. f The divine origin and perpet- ual obligation of the Sabbath, then, do not seem to admit of fur- ther question. And this conclusion, moreover, gives us to un- derstand why no positive command to keep the Sabbath holy, is found in the New Testament. Such a command would have been superfluous.^ The institution of the Sabbath consists of two parts ; — the rest which it enjoins on one day out of every seven, — and the particular day of the seven which shall be appropriated to this sacred rest. The former is the essential part of the institution ; the latter, if not incidental, is manifestly less important, cer- tainly not essential. The former has never been changed ; the latter, from commemorating the finishing of the creation, has been changed to the day commemorative of the resurrection of the Saviour, the closing scene in the work of man's redemption, and the pledge and earnest of our own resurrection. § The Sabbath was made for man universally ; — Christ de- clared himself to be " Lord of the Sabbath " ; that is, he claimed authority over the day. A change in the day is no more than a change in the order of the successive days ; — ■ the original day of the Sabbath was commemorative of the finishing of creation ; the Christian Sabbath (Sunday) || is commemorative of a still * Mark x. 19 ; Luke xviii. 20 ; Rom. xiii. 9 ; Eph. vi. 2; James ii. 10, 11. t See Mark ii. 23 -28 ; Luke xiii. 15 ; xiv. 5. t The argumentative part of this chapter is very much indebted to a Prize Essay, written by William Jay, Esq., and printed at Albany, in 3827. § 1 Cor. xv. 12-17. The day specially devoted throughout Christendom to rest, devotion, and moral and religious improvement, is known by several names among Christians, — as the Lord's day (dies Dominica) , the first day of the week, the Sabbath, the Christian Sabbath, and Sunday. I have determined to make use of the last of these names, in this treatise, to designate the day, for the following reasons. 94 OUR RELATION TO THE DEITY. [Part 1. greater event, the consummation of the work of man's redemp- tion. The change in the day could not, from the nature of the case, be made, until the event had occurred which it was to commemorate. We may well conclude, moreover, that our 1. The term Sunday is more generally used by Christians to designate the day than any other, and uniformity in this respect is a matter of considerable convenience, and therefore importance. It is used by the Roman Catholic Church, by the established Church of England, by the Protestant Episcopal Church in the United States, and by the Lutheran Church in the United States and in Germany. A most respectable Methodist clergyman informs me, that this term is most generally used by the numerous denomination to which he belongs. The use of the other terms prevails somewhat ex- tensively among Christians of other denominations among us. And yet, from the phrase " American Sunday School Union " in this country, which is chiefly under the direction of Presbyterians and Congregationalists, but is intended to unite all denominations in advancing its objects, and from other facts and circumstances known to me, I am disposed to conclude, that Sunday is more generally used, even by these numerous denominations, than either of the other terms above mentioned. It is believed, that more than three fourths of the entire population of the United States habitually use the term Sunday. 2. In examining the several terms from which a choice is to be made to de- signate the Christian day of sacred rest, no term seems, on the whole, to be so appropriate as Sunday. St. John calls it " the Lord's day " (Revelation, i. 10), and this term is therefore very suitable and proper ; but it is not at present, if it ever has been, much used. The phrase, " the first day of the week," is objec- tionable, by reason of its inconvenient length. This reason applies, too, in some degree, to the use of the phrase, " the Lord's day." The term Sabbath prop- erly belongs to Judaism, and the tendency of using it is, to convey an erroneous impression, and to confound Christianity too much with Judaism. Bishop White says, " In the primitive church, the term ' Sabbatizing ' carried with it the re- proach of a leaning to the abrogated observance of the law." (Lectures on the Catechism, p. 65.) The phrase, " Christian Sabbath," applied by analogy to the day, has no advantage over the term Sunday, and is less convenient from its length. 3. It can be no just objection to the term Sunday, that it is of heathen origin, as long, at least, as we continue to instruct our children in the classical (heath- en) writers of antiquity. " The early Christians," says Bishop White again, "conformed to the custom of their heathen neighbours, in the calling of the days and the months." (Ibid.) In truth, it began to be used very early by the primitive Christians. Justin Martyr, who lived at the close of the first and the beginning of the second century, says, " On the day called Sunday, is an as- sembly of all who live in the city or country, and the memoirs of the apostles and the writings of the prophets are read. (Sermons on the Lord's Day, by Daniel Wilson. London, 1831. p. 110.) The term Sunday, then, has the considerable advantage of uniformity j it conveys no erroneous impression ; it is easily pronounced ; no just objection can be urged against its use ; and it has the sanction of primitive Christian antiquity. Chap. IV.] OBSERVANCE OF SUNDAY. 95 Lord, during the interval between his resurrection and ascension, instructed his apostles to make this change, and he certainly sanc- tioned it by meeting with his disciples on two successive Sun- days, and absenting himself during the intervening week ; and again in the visible descent of the Holy Spirit on the same sa- cred day. 3. The duties which constitute a suitable observance of Sunday. Before proceeding to the particulars of which this branch of the subject consists, it may be well to observe, that from the fact of the institution being derived through Judaism, and made, by its perpetual obligation, a part of Christianity, it does not result, that the penalties attached by the Hebrews to the violation of it are continued along with it. The penalties inflicted by the Mo- saic law are not a part of the institution; they were only the means of enforcing its observance ordained by Moses, and are a part of the local policy which was discontinued at the advent of the Messiah.* It is observable, too, that no penalty is attached (in the Deca- logue) to the violation of any one of the ten commandments ; they are universally binding on the consciences of nations and individuals, but each nation is left to compel their observance by such penalties as it may deem fit, or by none at all. We of the present day, are no more required to punish a violation of Sun- day by death, as did the Hebrews, than we are, like them, to punish imprecations on parents with the same penalty. f Respect for parents and the observance of Sunday are alike binding on the consciences of all men ; but our tribunals of justice do not punish disobedience to parents, and our municipal laws enforcing the observance (in twenty-three of our States) of Sunday have fallen into very general neglect. If any specific penal sanctions had been made a part of the ten commandments, they must have been unfitted, by that circumstance, to be the supreme moral law, claiming the obedience of all men through all time ; because such penalties, though they might have been very suitable to the circumstances of one nation, might also have been very unsuit- able to those of another. Neither are all the duties of the * Exod. xxxi. 14, 15. t Lev. xx. 9; Deut. xxvii. 16. 96 OUR RELATION TO THE DEITY. [Part 1. Hebrew Sabbath transferred to the Christian Sunday.* With these few explanatory remarks I proceed. (1.) The first and most obvious duty appropriate to Sunday is a cessation from labor. This is a part of the fourth command- ment, is of perpetual obligation, and has no connexion with the local and temporary Hebrew policy. The Sunday is a great and precious privilege. By this institution, those who labor with their hands are rescued from the severities and hardships of unremitting toil ; — and those whose labor is chiefly of the under- standing find in it a season of refreshment and renovation of strength and energy, of which they stand in equal need with those whose labor is performed by the hands. Works of necessity and mercy, however, and the labor of attending and performing divine service, are recognised by the Saviour himself as suitable to the Jewish Sabbath, f and they are equally so to the Christian Sunday. The relief of Sunday to the laboring classes of mankind contributes greatly to the com- fort and happiness of their lives, both as it refreshes them for the time, and as it lightens their six days' labor, by the prospect of a day of rest always before them. This could not be said of casual indulgences of leisure and rest, even if they occurred more frequently than Sunday. It is matter of experience, also, that days of relaxation which occur seldom and unexpectedly, being unprovided when they do come, with any duty or employment, and the manner of spending them being regulated by no public standard of propriety and established usage, they are usually con- sumed in sloth, or in rude, perhaps criminal diversions, or, still worse, in scenes of riot and intemperance. The Sunday is a day of rest and refreshment to the body and to the mind, but not a day of sloth and indulgence. The remark, moreover, must not be omitted, that it gives a day of rest and refreshment to the laboring animals, as well as to laboring man. Thus "the Lord is good to all, and his tender mercies are over all the works of his hands."| (2.) But the Sunday includes much more than cessation from s Levit. xxiii. 8, 42, &c. t Mark ii. 23 -28 ; Mat. xii. 1 - 14. t Paley's Moral and Political Philosophy, p. 253. Chap. IV.] OBSERVANCE OF SUNDAY. 97 labor, and rest, and refreshment of the body and mind. We are required to keep it holy, that is, to set it apart from a common to a special and sacred use. This requires the appropriation of it to an attendance on public worship, and includes the more general duty, of employing it in every suitable way, for the purpose of moral and religious improvement. Religious assemblies under the name of " holy convocations," * were accustomed to be held on the Hebrew Sabbath ; and we have full evidence, that a com- pliance with the same custom was considered a personal and universal duty on the Christian Sunday from the beginning, f Besides attendance on public worship, reading, meditation, pri- vate prayer, the instruction of children and servants, are the appropriate and important duties of Sunday. The latter class of persons, especially, must be instructed on this day, or they will, too probably, receive no instruction at all. (3.) The appropriation of a part of the Sunday to the elemen- tary moral and religious instruction of children, especially poor children, and of adults who stand in need of such instruction, and are willing to receive it, may justly be regarded as one of the greatest moral improvements of modern times. In Sunday schools, — those humble seminaries of charitable education, — many hundreds of thousands of children are nurtured in the ways of righteousness, not a few of whom would otherwise have been brought up in neglect, irreligion, and probably crime. These nurseries of education, morals, and piety are founded on the principle recommended by Solomon and sanctioned by all ex- perience, — of training up the child in the way he should go, that, when he is old, he may not depart from it. The experience of all times demonstrates, that the character of the man is built on the principles instilled into the mind of the child. In further- ance of the original plan, too, the conductors of Sunday schools, in this country, have very extensively instituted libraries of choice books for the instruction of the young under their charge ; and they meditate no less an enterprise, than the elementary moral and religious education of the entire youthful population of the * Exod. xii. 16; Levit. xxiii. 7, &c. 1 Heb. x. 25 ; John xx, 19, 26; Acts xx ; 6,7 , 1 Cor. xvL I, 2; Rev, i. 10 13 98 OUR RELATION TO THE DEITY. [Part I. United States, and the furnishing them universally, by libraries, with facilities for reading, both on Sundays and other days, of the most useful and attractive kind. The philanthropic mind is filled with admiration when contemplating an enterprise so bene- ficial and comprehensive. Besides, the good effect of Sunday school instruction extends not only to the scholars actually taught, but to the teachers, the parents, and even the ministers and congregations in which they are organized and properly sus- tained. In this way, by thus vastly augmenting the usefulness of the day, a new and before unknown value has been given to the institution of Sunday itself. PART SECOND. OUR RELATION TO OUR COUNTRY, AND THE MOR- AL DUTIES THENCE ARISING ; THAT IS, THE DUTIES OF PATRIOTISM. It has sometimes been said, that u a Christian is of no coun- try," that he ought to esteem all countries alike, and to have no attachment to one country more than to another ; * but this sen- timent will not bear examination when submitted to the test of Scripture, any more than when brought to the bar of reason. The Hebrew Scriptures abound with the most enthusiastic and even exclusive sentiments of attachment, on the part of the au- thors, for their native land, f In the New Testament, this enthu- siasm and exclusiveness of attachment to country are not seen ; still the sentiment and the duty of patriotism are fully recognised. Our Saviour instructed his disciples to render unto Caesar all things which Caesar might rightfully claim ; J that is, he instructed them to comply with all the lawful ordinances of civil govern- ment. While predicting the destruction of Jerusalem for its sins, he still accompanied his prediction with the most pathetic lamen- tations. § The benefits of his personal ministry, too, were con- fined to his own countrymen, || and those, who were commission- ed to preach his Gospel, were enjoined to make it known first to the Jews and then to the Gentiles. IF St. Paul was especially commissioned to preach the Gospel to the Gentiles ; still he recognises his obligation to make it known first of all to his countrymen. ** We are instructed u to make supplications, prayers, intercessions, and thanksgivings for kings, and all that are in authority, that we may lead a quiet and peaceable life in all * Soame Jenyns' Internal Evidences of Christianity, prop. 3. t Psalm cxxxvii. 5-7. $ Mark xii. 13-17. § Mat. xxiii. 37. || Mat. xv. 24. IT Mat. x. 5, 6. ** Rom. i. 13 - 16. 100 OUR RELATION TO OUR COUNTRY [Part II. godliness and honesty." This implies a cheerful and cordial submission to the government under which we live, as distinct from that of any other country. The truth is, Christianity adapts itself to human institutions and to the relations of human life as it finds them, and seeks to meliorate and improve all of them, f Christianity has made obedience to civil government impera- tively binding on the conscience, and there is no duty in regard to which it speaks in more decisive terms. u Submit yourselves to every ordinance of man for the Lord's sake ; whether it be to the king, as supreme ; or unto governors, as unto them that are sent by him for the punishment of evil-doers, and for the praise of them that do well. For so is the will of God, that with well- doing ye may put to silence the ignorance of foolish men ; as free and not using your liberty for a cloak of maliciousness, but as the servants of God. "J In Romans xiii. 1-7, St. Paul enjoins obedience in terms yet more imperative. Still, au- thoritatively as these passages speak, they do not inculcate the unlimited obedience, much less the servile spirit, which has sometimes been ascribed to them. § They make civil obedi- ence a branch of Christian duty, instead of a mere submission to superior force. The doctrine contained in them is applicable both to individuals and to associations of individuals, combined to accomplish any particular object. Every individual owes prompt and cheerful obedience to the lawful authority of his country. But he ow T es no obedience to civil government, in any instance in which the consequence must be a violation of his duty to God. Nor does he owe compliance in any instance or degree, in which authority has not been given to the magis- trate, by the State, to require it. These limitations require no illustration. But there is a great difference between an individual refusing to comply with an ordinance of government, and an association of individuals united to overthrow the existing government of a * 1 Tim. ii. 1, 2. t See Gisborne's Inquiry, Vol. I. p. 109-124. t 1 Pet. ii. 13- 16. § See "The American Review," for 1811, Vol. I. p. 336. Part II] DUTIES OF PATRIOTISM. 101 country by a revolution, and to establish another. It is in conse- quence of the overwhelming evils of anarchy and revolution, that the duty of civil obedience has been prescribed in so strong language. Still no attempt is made to fix limits to an obe- dience, to which, from the nature of the case, no well marked limits can be assigned. All Christian duties are treated alike, in this respect, in the New Testament. Thus the duty of husbands and wives, of parents and children, of masters and servants, are all prescribed, but no attempt is made to assign the exact limits of these duties. The right of revolution, or making forcible resistance to civil government, cannot be ascertained by any precise boundaries ; — it commences at the point where civil obedience ceases to be a virtue. What this point is, those w r ho undertake a revolution must of necessity judge for themselves, upon a view of all the circumstances and under the weight of the most solemn respon- sibility to God, their country, and mankind. In undertaking to make forcible resistance to government, u the end should be seen from the beginning ;" and to bear present evils while they are tolerable, is preferable to rushing into a revolution, where the evils are certain and very great, and the good in prospect must always be, in a considerable degree, problematical. u The speculative line of demarcation, where obedience ought to end, and resistance must begin, is," says Mr. Burke, " faint, obscure, and not easily definable. It is not a single act, or a single event, which determines it. Governments must be abused and deranged, indeed, before it can be thought of; and the prospect of the future must be as bad as the experience of the past. When things are in that lamentable condition, the nature of the disease is to indicate the remedy, to those whom nature has qualified to administer, in extremities, this critical, ambiguous, bitter potion, to a distempered state. Times, and occasions, and provocations will teach their own lessons. The wise will determine from the gravity of the case, — the irritable, from sensibility to oppression, — the high-minded, from disdain and indignation at abused power in unworthy hands, — the brave and bold, from the love of honorable danger, in a generous 102 OUR RELATION TO OUR COUNTRY, [Part II. cause ; — but, with or without right, a revolution will be the very last resource of the thinking and the good." * Our Declaration of Independence has marked the right and duty of resistance with as much definiteness as seems practi- cable. " Prudence will dictate," it says, " that governments long established should not be changed for light and transient causes ; but, when a long train of abuses and usurpations, pursuing inva- riably the same object, evinces a design to reduce them (a people) under absolute despotism, it is their right, it is their duty to throw off such government and to provide new guards for their future security." Is it not one of the characteristics of the present day, to rush into revolutions with too little regard to the circumstances and consequences ? f The duties of patriotism may be ranged under seven divis- ions. I. The moral duties of rulers of every grade. II. Du- ties of citizens or subjects towards the civil magistrate. III. The duty of exercising the elective franchise with integrity and dis- cretion. IV. The duty of cultivating a patriotic spirit and the patriotic virtues. V. The duty of citizens to keep themselves well informed respecting public men and public measures. VI. The duty of aiding in the defence of the country, and in the administration of justice by serving on juries, giving testi- mony on oath, &c. VII. Moral duties of the United States, viewed as communities, towards each other. CHAPTER I. MORAL DUTIES OF RULERS OF EVERY GRADE. It is not within the province of ethics, to discuss the consti- tutional, legal, or other official duties of public officers of any par- ticular grade ; and, in doing so, the author would be going out of his way ; but the moral duties of them all are so similar, that they * Burke's Works, Vol. V. p. 73. London, 1803. t Gisborne's Inquiry, Vol. I. p. 77 - 83, 97, 107. Chap. I.] DUTIES OF PATRIOTISM. 103 may be treated under the same division. Nor is it within the author's province to do more than advert to the personal qualifi- cations, physical, intellectual, or moral, which the various public officers may rightfully be expected to bring to the discharge of the duties of their respective offices. His concern is with their special moral duties, arising from the stations which they fill. The public officers particlarly referred to, comprise the Presi- dent of the United States, and the chief executive officers by whom he is aided in the discharge of his high duties, the mem- bers of both houses of Congress, the governors of the several states and territories, the members of the state and territorial legislatures, the judges of the national and state courts, the offi- cers of the army and navy of the United States, and of the militia of the several states. All these various officers make up a mighty host ; and, however different may be the spheres of their official duty, still they all occupy a common ground and sustain a common relation to their country, from which spring moral duties of the most important kind. Their power of influencing the public happiness is great, in proportion as their stations are elevated ; and their influence for good or for evil is felt through all the ramifications of society. The greatest evil by which a free government is beset and endangered is, the excessive prevalence and extreme virulence of faction and party spirit. This source of public danger is great and threatening in proportion to the freedom of the govern- ment of a country and the consequent fewness of the restraints of law. Faction and party spirit have, in truth, been the bane of all free governments. No one can read of the intrigues, machinations, and exterminating violence of faction in the repub- lics of ancient Greece, each party, as it gained the ascendency, alternately wreaking its vengeance on the other, without being filled with aversion and disgust. The history of the Roman commonwealth and of the Italian republics of the middle ages, are too well fraught with instruction of the same melancholy kind. But we need not go back to ancient times, to be instructed in the evils of faction and party violence. The sanguinary scenes of the French Revolution, originating in, and consummated by, the madness of party and faction, have furnished a lesson to all 104 OUR RELATION TO OUR COUNTRY. [Part II. mankind which ought never to be forgotten in all future time. We ourselves have tasted enough of the bitterness of party strife, to make us, if we are wise, patient under the voice of warning and admonition. The characteristics, as well as the evils, of par- ty are substantially the same at all times. In transacting the business of life, it is constantly the duty of one man to cooperate with, and concur in promoting, the meas- ures of another, on the ground of an entire or substantial con- currence of judgment ; but much more than this is required of the man who enlists under the banners of partisanship. The well-trained partisan must not permit himself to be embarrassed by the trammels either of judgment or conscience. He must not hesitate to affirm what he knows to be false, — to deny what he knows to be true, — to approve what he is convinced is un- wise, — and to encourage what he deems reprehensible. To countenance thorough-going party spirit, is to justify and sanction all this, — yea more, much more ; — it is to encourage factious orators, bold declaimers, needy and profligate adventurers, to join in combinations for the purpose of obtruding themselves into all the offices of government, and, under the name and garb of servants of the people, to impose on them chains too strong to be broken. It is to exclude men from employments, not because their characters are impeachable or doubtful ; not be- cause their talents are inadequate or unknown ; but because they were born in a particular part of the country, are suspected of preferring measures to men, of an attachment to reason and the public good, rather than to party watchwords and appellations, and hesitate to promise implicit allegiance to the chief, and obe- dience to every order of the reigning political confederacy. These, as has before been said, are not the characteristics of any particular party, but of all party when uncurbed by moral principle ; and will be displayed in stronger or fainter colors, ac- cording to the genius of the leaders and the circumstances of the times. Their prevalence at any period, not only puts at hazard the final welfare of the country, by dividing it into two conflicting parts ; by perpetuating feuds, jealousies, and animos- ities ; by threatening the annihilation of patriotism and public Chap. I.] DUTIES OF PATRIOTISM. 105 spirit ; but tends continually to obscure the dignity, and destroy the authority, of government itself. When the chief magistrate of a nation permits this blighting spirit to enter into the policy of his administration, much more when he is himself instrumental in introducing it, when partisan- ship alone is rewarded and merit discouraged, he flagrantly be- trays the high trust with which the confidence of the nation has invested him. On the other hand, when, rejecting all distinc- tions not originating in personal merit, he is willing to confer the honors and emoluments of the State upon any of the citizens possessed of virtues and talents capable of advancing its welfare ; it is difficult to say, whether he secures, so far as an upright line of conduct can secure, more substantial advantages to his coun- try, or more satisfaction, honor, and influence to himself. Roused by his impartial call, public spirit revives in the remotest extrem- ities of the land, prompting every class of citizens to whatever exertions the general good may require. After these observations, it is not difficult to understand, that it is one of the highest moral duties of men invested with pub- lic office, to guard themselves against the fatal venom of party virulence, and, by discountenancing it in all over whom they have any influence, to prevent it from infecting and desolating the land. The demon of party is usually raised by the wand of a very few ambitious individuals in a community ; and this, too, with a view to their personal aggrandizement. How many, also, have succeeded in raising this fierce demon from the shades, who have not been equally successful in conjuring it down at their bidding. Let the public man of whatever grade meet the spirit of faction with a resolute sense of duty, — let no excitement of passion, however craving for indulgence, let no temptation of im- mediate interest, or alluring advantage in prospect, — no desire of humbling a rival, supplanting a competitor, or crushing an adversary, prevail on him to lend himself to the intrigues of fac- tion and the clamor of party violence. The sword of party, moreover, has more than a single edge ; and many a man has, in the end, been cleft asunder by it in the midst, who has for a time wielded it successfully. Situated as we are in this country, it must ever be the fault of a very few men, clothed with high 14 106 OUR RELATION TO OUR COUNTRY. [Part II. public confidence, if the country is distracted, and its prospects blighted, by the violence of faction and party. The position in society, occupied by legislators and magistrates invested with the higher functions of government, gives them facilities, possessed by no other class of their countrymen, for advancing the great interests of knowledge, good morals, educa- tion, religion, and general humanity in their country, and even in foreign countries. These facilities, capacities, and opportuni- ties of usefulness, furnished by the official situations with which the confidence of their country has clothed them, are a great moral trust, for the rightful and beneficial administration of which they are responsible. It is to no purpose to say, that these du- ties are indefinite in their nature, and prescribed by no statute or other written law. This is true, but the law of the land attempts to prescribe only a very small part of our moral duties ; and we cannot omit to use beneficially any of the facilities we may en- joy, of doing good, without incurring the guilt of opportunities neglected and capacities of usefulness unemployed. There are sins of omission as well as of commission, — perhaps they are not much less numerous or less aggravated ; and the principle is unquestionably recognised and sanctioned by Christianity, that every man is responsible for the beneficial use of whatever facili- ties, capacities, and opportunities of usefulness he may enjoy.* The talents, which we are forbidden to let remain unprofitable in our hands, are our time, our wealth, our knowledge, our health, our influence, either personal or official, and whatever other powers, faculties, or opportunities were originally given us by the Almighty, or whatever he has permitted and enabled us to acquire, which can be turned to his glory, our own benefit, or the welfare of mankind. It is impossible for me to give even a general view of the facilities for doing good, furnished by the various and multiplied official situations which exist in this coun- try, much less to enter into their details. They can scarcely fail to occur to any one, who is willing to avail himself of his official situation to make himself as useful as possible ; and, if brought to the notice of men of an opposite spirit, it could do * Matt. xxv. 14-30; Luke xix. 12-17; Rom. xiv. 7,8. Chap. I.] DUTIES OF PATRIOTISM. 107 no good. It is chiefly the spirit by which a man is influenced, that makes him useful or otherwise. Our legislators, besides procuring the repeal of laws having an evil tendency, are fur- nished with all the extensive means of official usefulness within the reach of legislative enactment and supervision. Knowledge, education, good morals, and religion depend very considerably for their advancement on legislative action. It is made the constitutional duty of the President of the United States, and of the governors of the several States, to give information to the national and state legislatures of the con- dition and prospects of the country within their respective juris- dictions, to recommend measures for the suppression of evils, the reformation of abuses, and the amelioration of the existing state of things generally. These documents are communicated annually, sometimes oftener ; legislation usually takes its tone from what they contain ; and the number and character of the subjects introduced into them depend entirely on executive dis- cretion. What enviable facilities for doing good, do not these documents furnish to the patriot statesman ? These instruments have not often contained any thing injurious to the great moral interests of the community ; — and, if we have sometimes had just occasion to complain of their having too little bearing on these all-important interests, still it is but justice to admit, that their distinguished authors have availed themselves in a very com- mendable degree of their high official situations, to advance edu- cation, science, morals, and Christianity. Several of our state executives have taken a most praise- worthy stand in favor of literary, moral, and religious education, of associations for the advancement of science, and against gam- ing, lotteries, intemperance in drinking, and other nuisances of the moral kind. The navy of the United States, under instruc- tions from the President, has sometimes, on its excursions to distant quarters of the world, been employed to obtain valuable information, to be turned to useful purposes at home. The offi- cers of the army, too, scattered as they are through the Union and its territories, have sometimes been instructed to make them- selves useful to their countrymen in the same way. Our foreign ministers and consuls, moreover, have occasionally employed 108 OUR RELATION TO OUR COUNTRY. [Part II. their leisure and peculiar facilities to the same end. While we may express gratification, that so much has been accomplished, it is still to be regretted, that the rare and very peculiar oppor- tunities of this kind, which have been perpetually occuring during the last half-century, have not been yet more productive of good. Objects of this kind are worthy of the careful attention and patriotic regard of all, who occupy stations of high official trust and responsibility. But a moral duty of still higher importance, and specially ap- pertaining to those who are invested with high public functions, consists in their private influence, and the personal example which they set from day to day, in their intercourse with the private citizens. The dignity of the office, by an easy transition, passes over to him who fills it ; and there is a natural propensity in the human mind to adopt the sentiments and imitate the conduct of those who are invested with authority. The example of the rulers of a country, like the impulse of a stone on the yielding surface of a lake, diffuses their influence around in concentric and gradually enlarging circles, to an extent which the eye can neither trace nor limit. The power which they possess of checking or accelerating the progress of extravagance, luxury, and vice, and of encouraging or discountenancing useful plans and institutions for the advancement of morals, the improvement of the people, and the increase of industry, by their personal aid, and still more by the general credit and esteem which their encouragement will afford, is not confined to those who are eye- witnesses of their daily life and conversation. Their exam- ple diffuses its effects not merely among those who are admitted to their tables and their society, but is propagated from one knot of imitators to another, until it spreads its influence through the country far and wide, and reaches and affects its most obscure corners. It is true, that the law is supreme in our system, and that it is so, is the chief glory of our institutions ; — still, not- withstanding this, enough of influence will always remain to those who are charged with the administration of the law, to render their sentiments, and more especially their example, highly inju- rious or beneficial to the community. The evil example of a very few men in high situations, may deluge an entire country €hap. I.] DUTIES OF PATRIOTISM 109 with infidelity and licentiousness. How often has it occurred in the history of the world, that the licentious principles and open immoralities of a profligate court have infected an entire nation with the virulence of their poison ? The profligate Charles the Second, of Great Britain, infected every rank and order of socie- ty in the kingdom, with the moral poison which his sentiments and example infused. There is at least one vice, which official persons, if they could be brought to combine their influence, might bring into such dis- repute, as to expel it from society. I refer to duelling, which depends entirely for its reputation on the countenance given it by the distinguished and the influential. The good example of the same class of men in respect to gaming, intemperance in drinking, luxury, and extravagance of every kind, if less com- pletely successful, still could not fail to be highly effective and salutary. The opposite example descends from them to men in more humble circumstances of life, until, like a flood, it desolates every village and neighbourhood with the overwhelming mischief and ruin which march in its train. In the most elective gov- ernment, not all offices are elective, many are rilled by appoint- ment ; and it is among the most solemn of the responsibilities of those who hold the appointing power, to select, for official trust, those among the citizens, who are most distinguished for industry, for understanding, for public spirit and for integrity, as well as to fill each department of the public service with men whose talents are best suited to its peculiar business, and to unite in each public officer, in the greatest practicable measure, purity of pri- vate morals with the lustre of official talents.* * See Gisborne's Inquiry, Vol. I. p. 58, &c. 110 OUR RELATION TO OUR COUNTRY. [Part II CHAPTER II. DUTIES OF THE CITIZENS TOWARDS THE CIVIL MAGISTRATE. Next to the moral duties of civil governors and magistrates arising from their official situation, come those which are due from the citizens towards those who are invested with any degree of official trust. That the New Testament ranks this among the most important of Christian duties, may be fairly inferred from the strong language which it is accustomed to employ. We are not only " to fear God, but to honor the king" ; * which term is here used to represent civil government and magistracy of every kind. Again, St. Peter says, f " Submit yourselves, for the Lord's sake, to every ordinance of man ; " that is, to every person whom men have invested with any degree of lawful au- thority over you, — " whether it be to the king, as supreme, or unto governors," that is, all subordinate magistrates, "as unto them that are sent by him for the punishment of evil-doers, and the praise of them that do well." They who are thus ordained by men to perform the func- tions of governors, are to be obeyed for conscience'' sake; and are, therefore, said by St. Paul " to be ordained of God." " There is no power but of God," continues he ; every form of lawful government and magistracy is sanctioned by the Al- mighty. " The powers that be are ordained of God," — even the idolatrous and persecuting Roman government had authority from God to exact obedience from those to whom St. Paul wrote ; whence he infers, that "whosoever resisteth the power," whoever refuses just obedience to his lawful rulers, " resisteth the ordinance of God, and they that resist shall receive to them- selves condemnation." After some further pertinent instructions, he concludes with this comprehensive admonition, — "Render therefore to all," i. e. to each magistrate in his proper depart- * 1 Peter ii. 17. t 1 Peter ii. 13. Chap. II.] DUTIES OF PATRIOTISM. Ill merit, " their dues ; tribute to whom tribute is due ; custom to whom custom ; fear to whom fear ; honor to whom honor." * Civil governors have an arduous, responsible, and burthensome duty to perform ; the public interest and safety are committed to their hands ; and every good citizen must feel a special interest in them, and in the successful administration of their trust. To this end, they are entitled, from the citizens, to a fair, candid, and even favorable construction and representation of their senti- ments, personal conduct, and official measures. They are the agents to whom the entire body of the citizens stand in the rela- tion of principal ; and a willingness to misrepresent and embarrass their measures is a willingness to misrepresent and embarrass those, who have been commissioned to act for their benefit, in a situation in which they cannot act for themselves. Even in cases, where their conduct and their measures are of doubtful character and tendency, they are entitled to have the doubt given in their favor. To assail them with indiscriminate abuse, with virulent invective and bitter denunciation, except for unquestionable reasons, is most unjust, unpatriotic, and reprehen- sible. St. Peter refers, in strong terms of disapproval, to those " who despise government and are not afraid to speak evil of dig- nities."! Again, " Thou shalt not speak evil of the ruler of thy people." | Such indiscriminate abuse and undeserved crimination of civil governors is attended with manifold evils ; it is proper, therefore, to bring it to the test of the consequences, as well as to the standard of Scripture. § It renders them less sensible, if not indeed completely insensible, to the salutary influence of public opinion, when they find themselves fiercely denounced, by per- haps a considerable portion of the citizens, after using their best endeavours to advance the public good. In truth, the natural and almost inevitable effect of faction and unprincipled party spirit is to destroy the force of public opinion, with all its mani- fold advantages, even upon men of the most upright mind. To a tone of censure and denunciation, which knows not how, and does not care, to discriminate, but is only anxious to accuse and misrepresent, rulers soon come to pay no regard. * Romans xiii. 1-7. t 2 Peter ii. 10; Jude 8. t Acts xxiii. 5 ; Exodus xxii. 28. § See pp. 33 - 37. 112 OUR RELATION TO OUR COUNTRY. [Part II. Besides, when the loud notes of censure and denunciation come from one side ; the other side is, in a measure, compelled to meet this indiscriminate abuse and invective, not only with de- fensive weapons of like temper, but also with like indiscriminate justification and eulogy of men and measures ; until, at length, present effect, and not truth, is the object universally aimed at by those who take an active part and interest in political transac- tions. Truth, candor, justice, fairness, and even kindness and courtesy, are gradually lost sight of ; and abuse, calumny, misrep- resentation, denunciation, unmeasured impudence, and falsehood, become the settled order of things in politics, — naturally the most dignified, practical, and useful of all the moral sciences, and the most directly pertaining to human welfare and happiness. But, besides putting a fair and equitable construction on the sentiments and measures of rulers, it is the duty of the citizens to give them a fair and reasonable active support, until their conduct has been such as justly to forfeit a liberal confidence. But power is encroaching in its nature ; it therefore becomes the citizens to be watchful of the tendency of measures and events, and the conduct of rulers may u»questionably be such as justly to forfeit public confidence and support. But, until the proofs of maladministration become full and distinct, we cannot right- fully refuse to sustain them. Even when an administration comes into office against our wishes and endeavours, and consequently without our confidence, it is still our duty to abstain from prejudging them ; — they are still entitled to be judged by their measures, to be tried by their own merits. We are to act for the good of our country, and not from passion, prejudice, or personal pique. No adminis- tration of government, however wise and upright, can be re- spectable and useful, much less successful, unless it be well sus- tained ; and an administration which, if suitably sustained, might have conducted the affairs of the country successfully, may, for want of such sustaining aid, signally fail, to the lasting injury, possibly to the ruin, of the country. The effects of such a result must be felt by the private citizens, as well as by the adminis- tration, which they have so disastrously opposed, or failed to sustain. No one will say, that, in such a state of things, the Chap. II.] DUTIES OF PATRIOTISM. 113 administration alone is the guilty party. They had a right to expect a fair and reasonable support from their constituents, and if this has not been given them, their responsibility is, to say the least, greatly diminished. Such are the moral duties of private citizens towards their rulers, whether hereditary or elective, — but it is, if any thing, still more imperative on civil rulers and magistrates, as far as con- sists with reason and conscience, to aid and sustain each other. The opposition, then, are morally bound to render satisfactory reasons at the bar of their consciences and of their country, why they are found opposing an administration to whose hands the interests of the country have been intrusted. The presumption, in such a case, is certainly against them, and they must remove this presumption by fact and argument ; — otherwise their course is morally unjustifiable, factious motives may be justly imputed to them, and it is not too harsh to call them an unprincipled faction. But, suppose a number of individuals to be conscientious in their opposition, as assuredly they may be and often have been, by what standard are they to measure their duty to their coun- try ? It is not difficult to discover the moral rule which applies to this contingency. An opposition may use all measures jus- tifiable in themselves, to bring back an unwise or wicked admin- istration to the path of right and duty ; but they must never lose sight of the honor and interests of their common country, — much less may they do or omit any thing to the injury of the coun- try for the sake of overthrowing the administration to which they are opposed. This line of distinction between a factious and a principled opposition is reasonably definite ; so much so, that, guided by it, good men will not vary much from each other in their course. But it is precisely here, in applying this rule, that the most exact knowledge, mature judgment, perfect command of temper, freedom from prejudice, fixedness of principles, and unwavering sense of rectitude and duty, are wanted to insure an upright and patriotic course of conduct. There have been statesmen, who claimed to be patriots of u the first water" ; to all appear- 15 114 OUR RELATION TO OUR COUNTRY. [Part II. ance, willing to ruin their country, provided they could ruin the existing administration.*- Such conduct cannot well be deemed too reprehensible. And in every free country, where party spirit must always be expected, and, within reasonable limits, is even desirable, the limits beyond which party warfare may not be rightfully waged, and the moral restraints through which it cannot rightfully break, should be well and distinctly understood by all ranks of people. " I consider the first duty of every branch of the government," says Mr. John Quincy Adams, late President of the United States, " is, to harmonize with every other branch in the transac- tion of the business of the people ; that the first duty of every member of the House of Representatives is, to support the President of the United States, to support the executive gov- ernment of the country in every measure belonging properly to its high office, in every measure in which the judgment of the individual acting can support the proceedings of the executive. In like manner, it is equally his duty to support the measures, which pass in the other branch of the legislature ; — this duty is reciprocally obligatory upon the Senate and the House of Rep- resentatives. This I have always considered, as the first duty of every person concerned in the administration of the govern- ment, whether in the legislative or executive branches. There is another subsequent duty," continues he, " by which each of these three branches is made a guardian and sentinel over the acts of the other, and in which it may be their duty, (and a painful one it must be at all times,) to oppose any measure, be it of the executive or the other branches of the legislature, which they may think inconsistent with the constitution, or with the inter- ests of the people. Harmony between the two branches of the legislature is of extreme importance, — harmony between the legislative branches and the executive is scarcely less impor- tant." f These sentiments of this distinguished statesman are very apposite to the purpose of the latter part of this chapter, and amply confirm my observations and arguments. * Sparks's Life of Gouverneur Morris, Vol. III. p. 291-294. t Speech in the House of Representatives of the United States, January 22d, 1836. Chap. III.] DUTIES OF PATRIOTISM. 115 CHAPTER III. THE DUTY OF THE CITIZEN IN REGARD TO THE EXERCISE OF THE ELECTIVE FRANCHISE. It is the duty of the citizen to exercise the elective franchise with integrity and discretion. This franchise is exercised with integrity, when the citizen discharges the duty of voting accord- ing to his honest convictions ; — it is exercised with discretion, when these convictions are the result of a mature judgment and an enlightened conscience. But the subject admits and requires further illustration ; and, in illustrating it, my remarks will apply specially to the election of members of our national and state legislatures ; but, with very slight modifications, they will apply to all elections whatever. The elective franchise is rightly regarded as a public trust reposed in the citizen, requiring for its suitable discharge, cer- tain qualifications of sex, age, knowledge, and character, and sometimes complexion. Generally, too, some estate has been required as a qualification. All wise constitutions of govern- ment, ancient and modern, have withheld the elective franchise from woman, by reason of the manifest inconsistency between her physical constitution and peculiar sphere of duty, and the exercise of any political privilege, or the administration of any political trust.* Most of the constitutions of the United States certainly, probably all of them, have refused to permit even the male sex to assume the elective trust, until the age of twenty-one years, in consequence of want of knowledge, experience, self- control, and general maturity of mind. This trust, moreover, is almost universally denied to Africans and their descendants. It is one of the great subjects of controversy in our day, whether any estate shall be required as a qualification for voting, — whether the electors shall be few (200,000), as in France; * See Charge to the Grand Jury of Suffolk County, Mass., December, 1835. By Honorable P. O. Thatcher, p. 26. 116 OUR RELATION TO OUR COUNTRY. [Part II. or many comparatively, as in England and some of our States ; or whether the white males universally above twenty-one years of age shall be intrusted with this franchise. It is not my pur- pose, as it is not my province, to enter into this question ; and it has been adverted to only for the sake of illustrating the nature of the trust involved in the possession and exercise of the elec- tive franchise. It is, moreover, with us, a trust of much digni- ty and importance, inasmuch as the people are sovereign in this country, and the safe and healthy action of our political system depends entirely on the purity of purpose and principle with which elections are conducted. Our system cannot long sur- vive, when the elective franchise shall have generally ceased to be exercised with integrity and discretion. To this end, it is manifest, that this, like any other trust, ought not to be exercised in furtherance of private and selfish objects. It is conferred to be used for the public good, and in exercising it the elector must be guided by a wish faithfully to conform to the original design. He must be governed, in giving his vote, by his own views of public affairs, carefully formed and honestly entertained, and by his opinion of the character of the candidate and of his claims to public confidence. His vote, then, must not be influenced by mere party names and distinctions ; by blind eagerness to push a friend or relation into public notice ; by the desire of paying court to distinguished men with the hope of thus facilitating his own election at some future time ; or by private resentment against any of the candidates ; — all these views and motives, and many more, which are accustomed to have weight at elections, are private, selfish, degrading, in a transaction in which the public interest ought to be regarded, to the exclusion of every private and individual aim and interest. The two questions involving the greatest practical difficulty, in the mind of a conscientious elector, are these ; — how far may a man rightfully act with a party in times of public excitement ; — and how far, and in what ways, he may attempt to influence the votes of other electors. In political transactions generally, and most of all in elections, men must of necessity act in concert ; and it is their duty to co- operate with one another in pursuit of what they are convinced Chap. III.] DUTIES OF PATRIOTISM. 117 is the general good. But there are limits to this duty, as well as to every other. No good man can cooperate with, or lend his influence to, a party which is pursuing an unjustifiable end. This is very plain ; but parties do not so often pursue unjustifiable ends, as good ends by unjustifiable means. This is the besetting sin of party, and the point on which every man needs to be put distinctly on his guard. A good man must not be drawn in, to aid in accomplishing even a good end by means morally unjusti- fiable. If there is a doubt, he may, nay, he ought, to give it in favor of the party with which he is accustomed to act ; but no excitement, no entreaties or reproaches of his associates, and no ostensible good in prospect, should ever prevail upon him to sanction palpable wrong by his participation. There is the more need of caution and firmness here, because men are frequently found to unite with a party in doing acts, of which they would blush to be guilty when acting without the countenance and encouragement of the many. But that cannot be right in a multitude, which is wrong in an individual. The moral standard is unchangeable ; it applies to the doings of a multitude, as well as to the conduct of an individual. Again, how far and in what ways may an elector (or a candi- date) endeavour to influence the votes of other electors ? As- suredly he may do this by imparting information, and by all the ways known to fair argument and honorable persuasion. These are means strictly moral, suitable in themselves, and honorable alike to him who employs them, and to him who yields to their influence. Consequently, all means of whatever kind opposite to, or inconsistent with these, are immoral and dishonorable to all who participate in them. One or two examples will set this point in a clear light, and show the importance of the principle which I am illustrating. A celebrated writer says, " It will be found in the main, that a power over a man's support, is a power over his will." Again he says, " The legislature (Congress) with a discretionary power over the salary and emoluments of the chief magistrate (mean- ing the President of the United States) could render him as ob- sequious to their will, as they might think proper to make him." And further he says, "If it were necessary to confirm so plain 118 OUR RELATION TO OUR COUNTRY. [Part II. a truth by facts, examples would not be wanting, even in this country, of the intimidation or seduction of the executive by the terrors or allurements of the pecuniary arrangements of the legislative body."* Mr. Jefferson states, moreover, that the control of the legislature of Virginia over the "subsistence in office " of the governor, had caused " the direction of him, dur- ing the whole time of their session, to become habitual and fa- miliar." f If these things are true of the executives of the States and of the United States, men of the most elevated standing in society, as these celebrated authors assert, how much more emphatically true must they be of immense numbers to whom our consti- tutions have intrusted the exercise of the elective franchise. This conclusion applies particularly to nearly all the employed classes of persons in all branches of business, and through all the ramifications of society. They depend for their livelihood, for the conveniences and comforts of life, perhaps for their daily bread, on the good-will of their employers. How imperative, then, is the moral duty resting on employers of every grade and kind, to abstain from invading the rights of those who may be employed by them, in regard to the free exercise of the elective franchise. Tested by the consequences, this duty is imperative in proportion to the mischief which could not fail to result from the opposite course of conduct becoming general. And how flagrant an abuse of their situation as employers and patrons, to interfere with this birthright of the freeman, in any of the forms which intimidation so well knows how to assume and put in prac- tice, — such as the forfeiture of the patron's favor, menaces to tenants of expulsion from their farms, dismissal of workmen from manufacturing establishments, and threatening to withdraw his custom from tradesmen and artisans, in case their suffrages are given contrary to his wishes. While the employer maintains his own independence in giving his vote according to his judgment and conscience, let him respect the independence of other men as free, if not as wealthy and as well informed, as himself. * Alexander Hamilton, Federalist, No. LXXIII. t Notes on Virginia, Query 13, p. 227. Chap. IV.] DUTIES OF PATRIOTISM. 119 When tried by the preceding principles, it cannot be neces- sary to do more than advert to several practices, which in cases of contested elections, are too common both in England and in this country, to insure their unqualified reprobation in the mind of every good man. The practices to which I refer, are calcu- lated to corrupt and poison the political institutions of a coun- try at their ultimate sources. Among the devices resorted to, in order to strengthen the interest of candidates and promote their success, are festive entertainments and supplies of spirituous liquors furnished at their expense to all who choose to partake of them ; reciprocal abuse and vilification of the candidates, and of all others who take a conspicuous part in elections ; menaces of violence and even actual violence at the polls ; imposing on the opposite party by the artifices and stratagems so well known to practised partisans ; prostituting the dignity and influence of official station to the success of party arrangements and combina- tions ; invoking the whole host of sectional, national, and per- sonal prejudices, to give fresh virulence to party warfare ; the organization of affiliated societies, (clubs and unions,) under party names, pervading every nook and corner of the country, and, by profligate emissaries, instituting an inquisition in every neighbourhood and family ; and, lastly, the bringing the elective franchise, by the undisguised sale and purchase of votes, into public market in the broad light of day. CHAPTER IV. THE DUTY OF THE CITIZENS TO CULTIVATE A PATRIOTIC SPIRIT AND THE PATRIOTIC VIRTUES. The duty of the citizens to cultivate a patriotic spirit and the patriotic virtues comes next to be stated and illustrated. In the first stages of society, before the passions were curbed by edu- cation and discipline, before agriculture was advanced, com- merce and manufactures introduced, the arts and sciences in- vented, or the true religion made known, the great body of the 120 OUR RELATION TO OUR COUNTRY. [Part II. people of every country were soldiers. War was the most honorable calling in the community, and the profession of the soldier naturally had the ascendency over every other. In such a state of society, the spoils of victory were the most honorable of all acquisitions, and it was deemed unworthy of a man to ac- quire by labor what might be obtained by blood.* As society advanced, the fierce spirit of war was softened, the arts of peace began to be cultivated ; knowledge, morals, and the true religion, took the place of ignorance and superstition ; industry became honorable ; and life, blessed by the fruits of labor and virtue, became gradually, at least in Christian coun- tries, comfortable, refined, and happy. The achievements of war have ever, by their brilliancy, struck the imagination more forcibly than the mild pursuits of peace ; and, until civilization was far advanced, the martial spirit was the genuine spirit of patriotism, and took precedence over every thing else. And while this spirit, as has before been said, has gradually given way to the better order of things, with which we have long since become familiar ; still much of it has been transferred to our times, and along with it the ancient estimate of the superior im- portance of the military profession. Hence it is, that even in our day, when the kingdom of the Prince of Peace is extensively established in the earth, the martial spirit, martial achievements, and martial renown, continue to be regarded by many, as the almost exclusive test, measure, and evidence of patriotism. But assuredly, without wishing to condemn the military spirit when suitably tempered and disciplined, or to detract from the value of military services, this view and estimate of patriotism and of the patriotic spirit are unnatural, illiberal, and unreasonable. What is there in the martial spirit or in martial services, which can make them patriotic, to the exclusion of successful invention in the arts and sciences, the diffusion of knowledge and reli- gion, and whatever other blessings the reign of morals, order, industry, and peace confer on mankind. When analyzed, the spirit of patriotism consists of at least two elements, — the love of country, and a willingness to employ * Tacitus, De Moribus Germanorum, c, 14. Chap. IV.] DUTIES OF PATRIOTISM. 121 the choicest powers, physical, intellectual, and moral, in advanc- ing its interest, honor, and happiness. Every man whose breast is warmed by the love of country, and who is ready to devote his best powers of body and mind to its welfare, is fully entitled, in the best sense of the term, to the name and honors of patriot- ism. If it is urged, that the soldier devotes his life to the ser- vice of his country ; a sacrifice which, from the nature of the case, can be made in no peaceful profession, still, conceding the most that can be made of the argument in this way, the soldier is only entitled to higher praise, and, by no means, to the exclu- sive honors of patriotism. " The love of our country," says Vattel, u is natural to all men. The good and wise author of nature has taken care to bind them by a kind of instinct, to the places where they received their first breath. * But, frequently, some causes unhappily weaken or destroy this natural impression. The injustice or severity of the government too easily effaces it in the hearts of the subjects."! Again ; he says, " The state will be powerful and happy, if the good qualities of the subject, passing beyond the narrow sphere of the virtues of individuals, become the vir- tues of citizens. The grand secret of giving the virtues of individuals so happy a turn with respect to the state, is, to in- spire the citizens with an ardent love for their country. It will naturally follow, that each will endeavour to serve the state, and to apply all his powers and abilities to the advantage and glory of the nation." " And," continues he, u he must be very ignorant of politics, who does not know, that a virtuous nation will be more capable than any other, of forming a state that is at once happy, tranquil, flourishing, solid, respected by its neighbours, and formidable to its enemies." J Such are the views of this distinguished writer, in regard to the patriotic spirit and the patriotic virtues of the most effective and valuable kind. These virtues consist of industry, frugality, moderation combined with energy, physical and moral courage, disciplined passions, justice, benevolence, enterprise, foresight, and good faith, all enlightened and guided by exact and comprehensive knowledge. * See the Odyssey, Lib. IX. 34 - 36. t Law of Nations, p. 110, $ Idem, pp. 108,109. 16 122 OUR RELATION TO OUR COUNTRY. [Part II. The opinion prevailed in the time of Cicero, that the martial were superior to the civil and peaceful virtues ; but this opinion was not received by that profound moralist and accomplished statesman.* The services of Washington were neither less patriotic, nor less valuable, when, as chief magistrate of the United States, he was presiding over the civil interests of his country, than when, directing the storm of war and surrounded by its u pomp and circumstance," he was triumphing over the armies of Great Britain, at Boston, at Princeton, and at York- town. Civil transactions compose much of every military cam- paign, and the event of military arrangements not unfrequently turns on them ; and the revolutionary services of Washington, Greene, and La Fayette, great as they were, were not more in- dispensable to the success of the contest, than those of Franklin, Adams, Jay, and Jefferson. In fact, history makes known with the most convincing evi- dence, the truth, that mere physical power is of little avail, — nay, is absolute weakness, unless directed by skill and energy, and sustained by moral principles and the practice of the moral virtues. Moral power and well-digested discipline, capacity for order and arrangement, wisdom to direct among the well-edu- cated and well-principled citizens of a country, much more than personal prowess and individual valor, are the chief tower of strength to a country. This view of the ascendency of moral power (and how can it be gainsaid ?) over the affairs of a nation, and even over the events of war itself, widens immeasurably the field of patriotic feeling, enterprise, and achievement. More than this ; it reverses the order of merit on the scale of patriot- ism ; physical force becomes subordinate to moral ; every man may become a distinguished patriot without commanding an army ; and whoever contributes most to promote education, to augment the treasures of knowledge, to enlarge the circle of the arts and sciences, and more especially to sustain and strengthen the transcendent cause of morals and religion, is, of all men, best entitled to have his brows adorned with the honors of patriotism. * De Officiis, Lib. I. c. 22. Chap. V.J DUTIES OF PATRIOTISM. 123 CHAPTER V. THE DUTY OF CITIZENS TO KEEP THEMSELVES WELL INFORMED RESPECTING PUBLIC MEN AND PUBLIC MEASURES. It is the duty of citizens to keep themselves well informed respecting public men and public measures. The exercise of the elective franchise by the people, is the principal way by which their sovereignty is made manifest ; and, to do this habitually with good judgment and discretion, a competent acquaintance with public affairs, and with the individuals who may from time to time become candidates for public office, is indispensable. Want of knowledge in a nation is an evil next in magnitude to a want of moral principle, and a disregard of the moral and patriotic virtues. Indeed, knowledge and morals, in a nation, are most intimately allied ; and it has been distinctly seen from the very founding of our institutions, that they could fulfil the hopes and expectations entertained of them, only while the great body of the people continued to be both well informed and moral in their habits. Moreover, the sentiment seems to have been universal in this country, that a well-educated people, would, of course, be a moral people ; and, if instruction in religion be made a part of popular education, the sentiment is fully sustained by experience. This most intimate connexion between knowledge and good morals, explains why the founders of our political institutions, have so much relied for their success on universal popular educa- tion. Believing the connexion between knowledge and morals to be indissoluble, they justly argued, that by effectually securing universal education, good moral habits and principles must prevail among the great body of the people. To this end, our state constitutions of government have made education, and the dissemination of knowledge, a subject of special recommendation and enactment ; and the framers of those instruments, and the people in adopting them, have manifested an Y 124 OUR RELATION TO OUR COUNTRY. [Part II. anxiety and earnestness on this vital subject, of which we cannot be fully sensible, without making some examination. It must suffice, however, (o select a sentence from one of the state con- stitutions in each of the four great sections of the union, the northern, middle, southern, and western. The constitution of Massachusetts says, u Wisdom and know- ledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of the legislatures and magistrates, in all future periods of this com- monwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the university at Cam- bridge, and public schools and grammar schools in the towns." # The constitution of Pennsylvania says, u The legislature shall, as soon as conveniently may be, provide by law for the establish- ment of schools throughout the State, in such manner that the poor may be taught gratis. The arts and sciences shall be pro- moted in one or more seminaries of learning."! The constitu- tion of Georgia says, "The arts and sciences shall be promoted in one or more seminaries of learning ; and the legislature shall, as soon as conveniently may be, give such further donations and privileges to those already established, as may be necessary to secure the objects of their institution." J The constitution of Ohio says, "Religion, morality, and knowledge, being essential- ly necessary to the good government and the happiness of man- kind, schools and the means of instruction shall for ever be en- couraged by legislative provision." § These wise constitutional provisions have been carried into as full effect, as the nature of a free government permits, which can only give the people the opportunity of having their children taught, but cannot, like an arbitrary government, compel them to avail themselves even of a provision so much and so obviously for their benefit. But it may be said with great truth, that, in every State of the Union, no one needs to fail of an education f Chap. V. Sect. 2. t Art. VII. 1,2. t Art. IV. Sect. 13. § Art. VIII. 3. Chap. V.] DUTIES OF PATRIOTISM. 125 suited to qualify him for the duties of citizenship. Nor have the constitutions and laws of the States alone manifested this earnest- ness and anxiety for universal education and the diffusion of use- ful knowledge among the great body of the people. The govern- ment of the United States has appropriated a large proportional part of all the public lands * for the encouragement of education ; and, in the federal constitution and laws, special care is taken to furnish the people with political information on which they can with safety rely, and to facilitate their acquiring it in every pos- sible way. Congress is forbidden to make any law abridging the freedom of speech or of the press, f To the same end, each House is required to keep a journal of its proceedings, and, with the exception of such parts as may in their judgment require secrecy, to publish the same from time to time. J The debates in both Houses (except when confidential business is transacted) are open to the public ; and, to give all possible assurance of full information being brought into debate, no member of either House of Congress can be questioned in any other place for any speech or debate in either House. § Moreover, it is made the constitutional duty of the President of the United States to give to Congress, from time to time, information of the state of the Union. || The documents in which this information is conveyed are very numerous ; and they are not only indispensable to the wise action of Congress, but come from the highest and most authentic source of information on public affairs, and the national mind is annually instructed and enlightened by them. The legislation of Congress has been in the best spirit of the provisions of the constitution. The freedom of the press is so unrestrained, that men are scarcely made responsible for its abuse ; and it may be said with truth, that the blessings which it is fitted to confer, are greatly diminished by its licentiousness. The journals of Congress and other public documents are pub- * An entire section (a square mile, or 640 acres) in each township of six miles square, is appropriated by law to the support of common schools in all the new States, — besides tracts for the ample endowment of universities, colleges, acad- emies, &c. According to Mr. Clay's Report on the Public Lands, of April 16th, 1832, the aggregate of 8,460,547 acres had been appropriated to all these objects. t See Amendment I. J: Article I. Section 5. 3. § Article I. Section 6. 1. || Article II. Section 3. 1. 126 OUR RELATION TO OUR COUNTRY. [Part II. lished in such numbers, that, if the people fail of adequate infor- mation on public affairs, it can only be for want of time to read papers so voluminous. Every public library is gratuitously sup- plied with complete copies of them, and they are freely distrib- uted by the members of Congress among those whom they repre- sent. Newspapers, being the great vehicle of every-day informa- tion respecting public men and public measures, are made by law the objects of special favor in the arrangement of the mail, the expense of conveyance being so light as not to be burthensome to the poorest citizen; and more than ten thousand (11,100) post-offices convey them to every village and neighbourhood. Further to encourage the diffusion of political information which might not find its way into the public documents and newspapers, the same freedom from even the slightest expense of conveyance, is extended to the correspondence of every member of Congress, and every citizen is thus invited to communicate with the repre- sentative of his district with the utmost freedom, or with any other member with whom he may wish to hold communication. Thus invited and encouraged, and fully supplied with sources on which full reliance may be placed, if any citizen fails to keep himself well informed of public men and measures, he can com- plain of no one but himself. There are several other topics of argument by which this duty of the citizen might have been illustrated, — such as the indispensable necessity of the people possessing this information, to the suitable and satisfactory performance of any of the duties of citizenship ; and the consideration, that, in a popular government, the acquirement of this knowledge by the citizens is only quali- fying themselves to superintend their own business. But I have chosen the argument, by which the duty of the citizen to ac- quire the requisite information is inferred from the extraordinary facilities furnished him to this end ; and the rather so, because this source of illustration seems to have been seldom used. It may well be argued, that every duty is the more imperative as the means of fulfilling it are the more easily obtained. And, as the nation has, in its wisdom, rendered the means of political in- formation accessible to all, what can excuse an individual from the duty of availing himself of them ? Chap. IV.] DUTIES OF PATRIOTISM. 127 CHAPTER VI. THE DUTY OF THE CITIZEN TO AID IN THE DEFENCE OF HIS COUNTRY, AND IN THE ADMINISTRATION OF JUSTICE, BY SERV- ING ON JURIES, GIVING TESTIMONY ON OATH, &c. It is easy to understand, that universal peace is the interest of all nations ; still history attests, that the utmost comity of one nation towards every other, joined with the most even-handed justice, has not always secured to it this great and invaluable blessing. The perverse passions of mankind,* the ambition and sometimes the resentment of princes, the thirst of powerful indi- viduals for personal distinction, the dazzling splendor of military glory acting on warm imaginations, the love of enterprise in many, and passion for excitement in all, conflicting rights, claims, and interests, and sometimes questions of mere etiquette, have all had their influence in disturbing and desolating the earth with frequent, afflictive, and sanguinary wars. We may hope and trust, that the blessing is in reserve for mankind, to have an international tribunal established for the ad- justment of national controversies without the arbitration of the sword. But hitherto all attempts to establish such a tribunal have been unsuccessful, the hopes of the friends of universal peace have been uniformly disappointed, and, amidst the conflict- ing interests, passions, and prejudices of individuals, parties, and nations, the maxim still retains much of its original force, that u the best way to insure peace is, to be fully prepared for war." Our duties, moral as well as civil, are prescribed by the present condition, circumstances, and prospects of human affairs ; — they must necessarily have reference to the existing state of things, and not to what we may wish they were, and may trust they will be at some time hereafter. And, as it is a moral duty of a very high order, to obey the government under which we * James iv. 1. 128 OUR RELATION TO OUR COUNTRY. [Part II. live,* it seems too plain to require or even to admit further illus- tration, that all citizens who cannot claim exemption on some fair and reasonable ground, are morally bound, when called upon by government, to aid, and, if need be, personally to take part in the defence of their country. This aid is to be given cordially and cheerfully, not in obedience to power which we cannot re- sist, but as a part of our moral duty. Again, it is the duty of the citizen to render personal aid in the administration of justice, by serving on juries and by giving testimony on oath. cc The trial by jury," says Sir Matthew Hale, " is justly esteemed one of the chief excellences of the English constitution, it being an institution most admirably calcu- lated for the preservation of liberty, life, and property. Indeed, what greater security can we have for these inestimable blessings, than the certainty that we cannot be divested of either, without the unanimous decision of twelve of our honest and impartial neighbours ? This tribunal was universally established among all the northern nations, and so interwoven with their very constitu- tions, that the earliest account of the one, gives us also some traces of the other. In this nation," continues he, " it has been used time out of mind, and is coeval with the civil government thereof ; and, though its establishment was shaken for a time by the introdution of the Norman trial by battle, it was always so highly valued by the people, that no conquest, no change of gov- ernment could ever prevail to abolish it." f Our ancestors brought the trial by jury with them, when they settled this country, and the eulogiurn bestowed upon it by the wise, pious, and learned jurist just quoted, is not beyond their estimate of its value. It was claimed and admitted as a right from the beginning ; and, when this right was abridged by the British Parliament, the Congress of 1774 declared (see the fifth of their Resolutions), that " the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vi- cinity, according to the course of that law." In fact, the trial * See p. 100. — Rom. xiii. 1 - 7; 1 Peter ii. 1 3 - 17. t History of the Common Law, Vol. II. p. 134. Chap. VI] DUTIES OF PATRIOTISM. 129 by jury has always been regarded as the chief glory of our sys- tem of jurisprudence, and it is made the duty, as it is also the privilege of the citizen, in this way, personally to participate in the practical administration of justice. The grand, jury, more- over, besides being the grand inquest for the indictment of crim- inals, are the constituted guardians of the morals of the country, and in respect to this part of their functions, seem to correspond to the Roman censors,* to whom the cognizance and supervis- ion of the public morals were committed. This institution, therefore, so venerable for its antiquity, its wisdom, and its practical value, evinced in the preservation and security of estate, freedom, life, and character, wherever it has flourished, has been esteemed too valuable to be intrusted to any delegated body whatever ; — the people of this country, as well as of Great Britain, have wisely determined, by retaining it within their own keeping, to preserve, maintain, and defend it in its original integrity, and to hand it down unimpaired in value to coming generations. It is an institution, then, in the undimin- ished purity of which, the people have a universal interest. No one can foresee how soon his fortune, his reputation, his liberty, or his life may depend on the verdict of a jury ; and, however upright the jurors may be, it is still a valuable feature of this mode of trial, that their sense of justice is stimulated by antici- pating the possibility, that they may in turn, at some future time, be themselves placed in the situation of the accused. But, after all the safeguards which this institution contains within itself, and which can be thrown around it, many and great as they are, its practical value must essentially depend on the virtue and intelligence of the great body of the citizens, — on the candor, integrity, sense of justice, knowledge, and sagacity, strength, and comprehension of mind, earnest and continued at- tention, impartiality, freedom from prejudice and passion, firm- ness, and personal independence of the individuals, who make up the jury. Without candor, integrity, and a strong sense of justice, it may be a matter of indifference to the jury how they de- cide the causes which come before them ; without knowledge, and Censores mores populi regunlo. Cicero de Legibus, Lib. III. c. 3. 17 130 OUR RELATION TO OUR COUNTRY. [Part II. sagacity, strength, and comprehension of mind, and earnest and unbroken attention, they may, after the most full and lucid state- ments and illustrations of the bar and court, still be too imper- fectly acquainted with the many facts, circumstances, and rea- sonings pertaining to the case, to come to a sound decision on its merits ; if, again, they are wanting in impartiality and are influ- enced by prejudice and passion, the stains with which partiality, prejudice, and passion are accustomed to discolor every object, will be seen on their verdict ; if, finally, they are wanting in firmness and independence of understanding and judgment, they will be led blindly by the court, or in times of strong popular excitement, yielding to the general impulse, they will become the tools of party, or mere instruments in ministering to the excited passions of the multitude. It is the duty, then, of the citizen, to bring to the mainte- nance and support of this institution, those qualifications of heart and understanding, which are indispensable to give it its full effect and influence, and to sustain the high estimation with which it has been regarded wherever it has been known. Jury trials can fully answer their end, only in countries where education and the moral and manly virtues prevail, and only so long as they pre- vail ; and the state of trial by jury in any country is a very good index of the morals and intelligence of the people. Moreover, any duty which is committed to the hands of very many is in danger of being neglected by all ; and hence it happens, that many of our citizens, if they have suitable impressions of the importance of the institution, seem to be without adequate views of the moral and intellectual qualifications required, and of the moral responsibilities which the duty of a juryman imposes on him. The trial by jury is the main pillar in the temple of justice ; and impartiality, truth, knowledge, wisdom, integrity, candor, firmness, patience, and independence adorn its portals, and be- come its sacred precincts. It is the duty of the citizen further to aid in the administration of justice by giving testimony on oath in courts of justice, when required by law. Some persons, in their estimate of the obedience which they owe to the laws of their country, acknowledge themselves morally bound by such laws as prohibit intrinsic evil (malum Chap. VT.J DUTIES OF PATRIOTISM. 131 per se)j while they consider themselves at liberty to evade, and this, too, with a safe conscience, such laws as make any thing an offence (malum prohibitum), which was not such before their enactment. For instance, theft is intrinsically a crime, in its nature ; but smuggling is an offence made such by the enact- ment of law. This distinction, when made for the purpose of obeying one law, and evading or breaking another, is unquestion- ably unsound. The law of the land is one of the chief moral rules by which the conduct of all is to be squared, and with a very few exceptions, and those of a character clearly extraordi- nary, is morally binding on all. # CHAPTER VII. MORAL DUTIES OF THE UNITED STATES, REGARDED AS COMMUNITIES, TO ONE ANOTHER. Independent states, kingdoms, empires, commonwealths, all civil communities, under whatever name, are moral persons, endowed with understanding, will, and conscience, capable of merit or demerit, responsible for their acts, and charged with duties of various kinds, f The United States owe to one another all the duties pre- scribed by the Law of Nature and Nations, which independent nations owe to each other. The principle which lies at the foundation of these duties, says Montesquieu, is, that u different nations ought to do each other as much good in peace, and as little harm in war, as possible, without injury to their true inter- ests." J Lord Bacon says, u The Divine Law is the perfection both of the Law of Nature and Nations," and he applies the law of Christian charity, § and the law of our neighbour, || " which includes the Samaritan as well as the Levite," to the case of * See pp. 29 - 32, 100. t Valtel, Preliminary Principles, § 2. t L'Esprit des Lois, Book I. c. 3. § " Lex charitatis," Matt. vii. 12. || " Lex proximi," Luke x. 29 - 37. 132 OUR RELATION TO OUR COUNTRY. [Part II. nations, and this he does to the exclusion of the principles of jurists, when the latter do not agree with the former. * Again ; " In cases of doubt," says Chitty, " arising upon what is the Law of Nations, it is now an admitted rule amongst all European nations, that our common religion, Christianity, pointing out the principles of natural justice, should be equally appealed to and observed by all as an unfailing rule of construc- tion." f Finally, in 1815, the emperors of Austria and Russia, and the king of Prussia, " declared, in the face of the whole world, their fixed resolution, both in the administration of their respective states, and in their political relations with every other government, to take for their sole guide, the precepts of Chris- tian charity and peace, which, far from being applicable only to private concerns, must have an immediate influence on the councils of princes, and guide all their undertakings, and as being the only means of consolidating human institutions and remedying their imperfections." f Thus, these high authorities distinctly recognise Christian morals and the Christian religion, as the basis of the reciprocal dudes of nations. Christianity, then, is the ultimate standard, to which, among Christian nations, international duties are to be referred, and the rule by which they are to be measured. Every Christian nation is bound to conduct towards every other, as it wishes that others should, in like circumstances, conduct towards itself. They are morally bound to respect the rights, and, in every reasonable way and degree, to consult the welfare and interests of one another. But Vattel has well said, cc that it exclusively belongs to each nation to form its own judgment of what its own conscience prescribes to it ; of what it can or cannot do ; of what is proper, or improper, for it to do."§ Especially, they are to respect each other's freedom, independence, sovereignty, and rightful jurisdiction. One nation is to perform, in all good faith, the duties of neutrality towards other nations, which, unable to adjust their differences by peaceable means, have submitted them to the arbitration of the sword. No nation is permitted, * Works, Vol. II. pp. 289-294. 4to. London, 1765. t Note to Vattel on the Law of Nations, Preliminary Principles, § 3. t Niles's Register, Vol. X. p. 92. § Preliminary Principles, § 1.4, 16. Chap. VIL] DUTIES OF PATRIOTISM. 133 by its duty, to interfere in the internal concerns of another na- tion. Every nation is entitled to manage its internal concerns in its own way, without the interference or dictation of another. Any interference of this kind tends to disturb friendly intercourse, and is just cause of offence. These duties, indeed, are too well understood to be often violated ; but there is another, the violation of which is much more common ; — I refer to the case of one nation counte- nancing the infringement of the laws of another, and even lend- ing the aid of its tribunals to carry such infringement into effect.* Assuredly, Mr. Justice Story well concludes, with Pothier, that such a practice is inconsistent with good morals, and sound views of international duties and obligations. " The natural and primary law is that of God and our conscience, the law which enjoins us to do good to our neighbour, whether in literal strictness he may have a perfect right to demand such treatment from us or not. This is a law that ought to be as strong in obligation as the most distinct and positive rule, though it may not always be capable of the same precise definition, nor conse- quently may allow the same remedies to enforce its observance. As an individual is bound by the law of nature to deal honorably and truly with other individuals, whether the precise acts re- quired of him be or be not such as their own municipal law will enforce ; just so a state, in its relations with other states, is bound to conduct itself in the spirit of justice, benevolence, and good faith, even though there be no positive rules of inter- national law, by the letter of which it may be actually tied down. The same rules of morality which hold together men in families, and which form families into a commonwealth, also link together several commonwealths as members of the great society of man- kind. Commonwealths, as well as private men, are liable to injury, and capable of benefit, from each other ; it is, therefore, their duty to reverence, to practise, and to enforce those rules of justice, which control and restrain injury, which regulate and augment benefit, which preserve civilized states in a tolerable condition of security from wrong, and which, if they could be * See Story's " Commentaries on the Conflict of Laws," pp. 204, 205,212. 134 OUR RELATION TO OUR COUNTRY. [Part II. generally obeyed, would establish and permanently maintain, the well-being of the universal commonwealth of the human race."* The peculiar duties, which the United States owe to each other, chiefly respect the preservation of that harmony, which it is so es- sential to maintain among communities standing in a relation so very intimate to one another, and without which reflecting men have always foreseen, the union could not long subsist. It is the moral duty of the citizen to obey the laws ; and, as the Constitu- tion of the United States is the highest law known to the country, an observance of its obligations, becomes the highest rule of duty to the citizen next after the divine law. A constitutional duty, then, is a great moral duty, binding on the states as communities, and, of course, binding on the consciences of the individual citizens of which the State is composed. This cannot be de- nied, without falling into the absurd consequence, that what is binding on the body politic, is not binding on the members. But the duty of the States and of the citizens to maintain this harmony, which is the great object kept in view by the Constitu- tion in those of its provisions which refer to the relation and intercourse of the coordinate States with each other, may be most successfully illustrated by reviewing the occasions, on which it has been most frequently violated, and on which future violations are most likely to occur. 1. One way in which this duty of cultivating harmony and maintaining friendly relations, has sometimes been violated is, by a course of unfriendly legislation by one State, calculated and intended to affect injuriously the interests of one or more of its sister States. Such a course arises from a real or supposed in- consistency of interests. f Sometimes it has arisen from a wish, by one State, to obtain for its citizens exclusive advantages, which in reason equally belonged to other States. f Every thing of this kind rests on the ground, that the pecuni- ary interest of a State is its highest interest ; — when, viewed as a mere stroke of selfish policy, it is mistaken and short-sighted, as indeed are all violations of moral duty either by individuals or * Chitty, note to Vattel on the Law of Nations. — Prelim, Principles, § 10. t See The Federalist, p. 116. X Wheaton's Reports, Vol. ix. p. 1. Chap. VII] DUTIES OF PATRIOTISM. 135 communities. It is the duty of the States to cooperate with each other in every thing that pertains to the common good ; and, while they consult their own interest, to have a generous regard for the interests of the other States. Indeed, this country has witnessed many gratifying instances, in which two or more States, forgetting all narrow and local interests, and laying aside all local jealousies, have cordially united in enterprises tending to the common good. And, while the States maintain a generous and honorable rivalship in regard to the acquisition of wealth, renown, and influence, let them carefully preserve an attitude of friend- ship and good-will ; and let each and every one show herself studiously regardful of all the civilities, proprieties, and courte- sies, which are due to one another from the members of a nu- merous sisterhood. 2. But harmony between the States is not in so much danger of being disturbed by the direct interference of one State with another, through selfish, unfriendly, and vexatious legislation, as by the officious and unwarrantable interference of individuals, and more especially of self-constituted societies. Societies may be, and in fact, as is well known, have been organized in some of the United States, designed to affect, perhaps to destroy, the institutions of other States, which the individuals associated sup- pose to be capable of improvement, or which, they may suppose, ought to be destroyed. All this is contrary to the moral duty of the individuals concerned ; and, if such societies become danger- ous to the peace and safety of the States whose institutions they are designed to affect, and especially when they become the subject of general and official complaint, and a source of discord, misunder- standing, and alarm, it seems to be the duty of the States in which they exist, to suppress them by the strong and decisive arm of the law.* Any interference of one nation with the institutions or con- cerns of another, however indirect, is always extremely delicate, calculated to excite distrust and misunderstanding, and is just cause of offence. Nor, in such a case, can the conduct of indi- * See Governor Marcy's Message to the Legislature of New York, January, 1836, — and the Report of a Select Committee to the Legislature of New- Hampshire, on Abolition Societies, made and accepted in January, 1837. 136 OUR RELATION TO OUR COUNTRY. [Part II. viduals, or of combinations of individuals, well be distinguished from that of the nation itself. Every nation is responsible for the conduct of its members. This is the established doctrine of the Law of Nations, and must unquestionably apply in all its force (a fortiori) to the very intimate relation subsisting among the United States.* 3. Again, another way in which the harmony of the States, and also of still larger sections of the Union, has been, and may be still further impaired is, by the mutual abuse and vilification of one another's institutions and other peculiarities, circulated in newspapers, reviews, and sometimes in publications of more * "If the other States of the Union," says the legislature of North Carolina, " were foreign states, it would be a violation of national law in them, either to set on foot themselves, or permit their own subjects to set on foot, any project the object or tendency of which would be to disturb our peace, by arraying one portion of society against another. The Constitution which unites us, and by virtue of which we have ceased to be foreign states in regard to each other, and have become bound in the closest union, and the most intimate relations, for the promotion of the common defence and general welfare, cannot be sup- posed to have lessened our mutual obligations, or to have made an act harmless, which would have been gross wrong, had we continued in respect to each other as we now are in respect to other nations, — in war, enemies, and only in peace, friends. It is evident, on the contrary, that every duty of friendship towards each other, which before existed, is by our uniou heightened in its obligation, and enforced by motives the most exalted and endearing. Whatever institution or state of society we think proper to establish or permit, is by no other State to be disturbed or questioned. We enter not into the inquiry, whether such insti- tution be deemed by another State just or expedient. It is sufficient that we think proper to allow it. To protect us from attempts to disturb what we allow and they approve, would be to support not our institutions, but their own opin- ions, — to exercise a supervising power over our legislation, and to insult us with a claim of superiority in the very offer to discharge the duty which our relations authorize us to require. As our right is indisputable to regulate ex- clusively, according to our own notions, the interior relations of our own peo- ple, the duty of preventing every attempt to disturb what we have established, results from the simple fact, that we have established it. And the propriety and impropriety, in the view of others, of such regulations as we have pleased to make, can never either enhance or lessen the duty of such prevention. No other State, therefore, and no portion of the people of any other State, can claim to interfere in any matter of ours, either by authority, advice, or persuasion ; and such an attempt, from whatever quarter it may come, must ever be met by us with distrust, and repelled with indignation." (Report and Resolutions of North Carolina, on the Subject of Incendiary Publications, December 19th, 1835.) Chap. VII.] DUTIES OF PATRIOTISM. 137 grave importance. The relation of sisterhood is singularly ex- pressive of the connexion which subsists between these States, — the peculiarities and even the defects of any one or more of them, are entitled to be viewed with candor and even with in- dulgence by any others, who may feel themselves justified in re- garding whatever pertains to themselves with peculiar compla- cency. At all events, it is not the part of individuals or com- munities, which stand in a relation so intimate to each other, whose highest interests, hopes, and prospects, — nay, whose destinies are inseparably united, and who consequently must stand or fall together, who have so direct and palpable an interest in maintaining harmony, and in the mutual welfare and good opinion of each other, to seize every occasion to abuse, vilify, and mis- represent each other. Much mischief has been done by the mutual abuse, vilification, and misrepresentation, which have passed between the northern, southern, and western sections of the Union even thus far ; — and these great divisions of the coun- try, which ought to be indissolubly bound to one another by the golden chain of mutual harmony and good feeling, have been and may again be in danger, by reason very much of this mutual abuse and irritation, of being permanently alienated, and of being separated into as many alien, unsocial, jealous, and hostile sov- ereignties, feeble and despicable in respect to every thing for- eign, and formidable only to one another. Finally, the several United States owe it to themselves, to each other, to the Union, and to the supremacy of moral princi- ple, to observe, uphold, and adhere to the Constitution of the United States ; to submit to its provisions, the laws made in pursuance thereof, and the decisions of its tribunals. The obli- gation of this duty is in proportion to their ability to make suc- cessful resistance. Many of the States are too powerful for coercion ; they must be governed, therefore, not by physical force, but must be kept within the rightful limits of their con- stitutional duty by the strength of their inherent moral principle. 18 PART THIRD. THE CHIEF RELATIONS OF MANKIND TO ONE AN- OTHER, AND THE DUTIES THENCE ARISING,— THAT IS, THE DUTIES WHICH MEN RECIPROCAL- LY OWE TO EACH OTHER. Our relation to God and our country, and the duties thence arising, have been as fully considered as consists with my de- sign. But we sustain other relations, of various kinds, and of various degrees of intimacy, the effect of all of which is, to charge us with peculiar duties and impose on us peculiar responsibilities. These are the relations of husband and wife, of parents and chil- dren, of brothers and sisters, of master and servant, of principal and agent, with (heir corresponding duties and rights. The re- lations of guardian and ward, and of instructer and pupil, are branches of, or rather substitutes for, the parental relation. The obligation of truth between man and man, and of the observance of promises, springs directly from the relation in which men stand to each other as moral and responsible beings. Contracts of various kinds include a very large part of the business trans- actions of mankind, and the relation of the contracting parties in forming and executing such contracts is another source of moral duties. Our social rank and relative standing in society place us in the relation of superiors, equals, or inferiors. If we are blessed with wealth and consequent leisure, we are thereby brought into new relations towards those who have been less favored than ourselves with the bounties of Providence ; — we owe them our personal services in their behalf, and pecuniary relief, when they are destitute of the comforts and especially the necessaries of life. The duties of friendship and hospitality, and the mutual duties of benefactor and beneficiary, also claim a portion of our consideration and regard. The relation of good Part III.] THE RELATIVE DUTIES OF MANKIND. 139 neighbourhood, moreover, is one on which much of our peace and happiness depends. This enumeration of the relations in which men stand to each other is not complete, nor is designed to be complete ; but it comprises all those which are usually made the subjects of in- quiry in elementary treatises of moral philosophy. Some of them are natural, others voluntary, others both natural and volun- tary. Some are permanent and sanctioned by law, others are transient and incidental. One (marriage) is sanctioned by the united power of personal choice, law, and religion. Our relative duties are chiefly performed in private, and are withdrawn from the gaze of the world ; but they are extremely important, by reason of their number, the constancy of their recurrence, and the endless variety of their ramifications ; by which they pervade human society in all its ranks, modifications, and degrees of im- provement. The happiness of mankind, therefore, is deeply concerned in these relations being well understood, and the duties which flow from them being suitably performed. Some atten- tion must have been given them in every stage of society. Their importance is of the first order ; and, in every civilized country, they have been made the subject of anxious and careful consideration and inquiry. They are made the subject of three of the ten commandments, and the Hebrew Scriptures abound with precepts and examples, illustrating their nature, and en- forcing their fulfilment. Christianity has recognised, strengthened, and refined these relations, and has prescribed and enforced the duties of many of them by new, positive, and more definite in- structions. To collect these instructions, to arrange, amplify, limit, and apply them to the relations of life, giving their authority the first rank, and accompanying them with argument and eluci- dations drawn from reason, experience, authors ancient and modern, and every other accessible source, will swell this branch of my treatise much beyond the size of the other parts into which it is divided. The key to the morals of this important branch of the subject, is given us by our Saviour in this saying, M All things whatsoever ye would that men should do to you, do ye even so to them, for " (it is added to give preeminence to the precept) " this is 140 THE RELATIVE DUTIES OF MANKIND. [Part III. the law and the prophets."* This is the grand rule, by which we must in all cases regulate our conduct towards others ; and it is a rule, plain, simple, concise, intelligible, comprehensive, and every way worthy of its Divine Author. Whenever we are de- liberating how we ought to act towards another person in any particular instance, we must, in imagination, change situations with him, — we must place him in our circumstances, and our- selves in his, and then impartially inquire, how we might reason- ably expect him to behave towards us, if our respective situa- tions were exchanged. Every man, at first sight, must perceive, that this would lead to universal justice, truth, goodness, gentle- ness, compassion, beneficence, forgiveness, candor, and charity, and exclude every thing of an opposite nature. If we honestly proceeded in this way, we should seldom need a casuist, to teach us how we ought to act towards other men, in any possi- ble situation or circumstances. CHAPTER I. THE DOMESTIC RELATIONS AND THE DUTIES SPRINGING FROM THEM. The domestic relations and their appropriate duties, being first in the order of importance, deservedly claim the first rank. The family is the original of all societies, and contains the foundation and primitive elements of all other institutions. The family was instituted by God himself, f and with this insti- tution, he crowned the fair creation which he had made in six days and pronounced very good. As it was the first of all human associations, so it is the most natural, the most permanent, and the most effective of good. We are accustomed to unite ourselves into artificial associa- tions, useful and valuable for the ends which they have in view ; but they are the work of men's hands, they partake of the frailty * Matt. vii. 12. t See Genesis i. 26 -28 ; ii. 18 - 24. Chap. I.] THE DOMESTIC RELATIONS. 141 of man, their author, and are not to be compared with the original domestic societies into which we are united by the or- dinance of God himself. In the smallest and most familiar things, the thoughts of the Almighty are above our thoughts and his ways above our ways.* We have asylums in which many children are fed, clothed, and instructed ; hospitals in which many sick, friendless, and destitute persons are received and cared for, and associations whose object is, to spread the knowledge and blessings of Christianity. All these institutions are useful and valuable, and do distinguished honor to the age and country in which we live. But how many children are fed, clothed, and instructed in all our asylums, compared with the multitudes who are thus much more effectually cared for in all the families which fill the land ? How many sick, friendless, and destitute persons are relieved in all our hospitals, compared with the number among us, who, at their own houses are watched over by the nursing care of mothers and sisters, and surrounded and soothed by the tenderness which grows up only in the family circle ? To how many do our religious associations impart the knowledge and blessings of Christianity, compared with the numbers to whom domestic instruction and example impart their first pious impressions, and their earliest and most effectual religious training ? These comparisons are not made in order to depreciate our asy- lums, hospitals, and missionary associations, — far, very far from it ; but that our attention may be distinctly drawn, at the outset, to the importance of our domestic relations and the duties which originate in them, and because we are always in danger of disre- garding and neglecting whatever is familiar and of daily re- currence. That simple and unostentatious society which God has instituted, a family , — that refuge from the storms of life, our home, raised and consecrated by the holiest instinct of our na- ture, is an establishment worth infinitely more than all the insti- tutions great and small, which man has ever devised. In truth, just as far as this is improved, as its duties are suitably performed, and its blessings prized, all artificial institutions are superseded. Here, then, is the appropriate sphere for the agency of the wise * Isaiah lv. 8, 9. 142 THE RELATIVE DUTIES OF MANKIND. [Part III, and good. Improve the family, strengthen the relations of do- mestic life, and more is done for the happiness and progress of mankind, than by the most splendid charities. Moreover, whatever there is of dignity, interest or importance in government, education, and religion, is all combined in the family, when well regulated. It includes the maintenance of a just and rightful authority, and the wise administration of discip- line. The earliest and most lasting impressions are made at the domestic fireside ; the manners are formed there, good or evil principles are imbibed there ; the temper and affections are cul- tivated and regulated there ; the habits and sentiments, which in a great measure govern future life, are contracted there ; — the family, then, is a more extensive and effectual place of education than the school, the college, or the university. There, too, the infant is first taught to lisp its brief, unaffected prayer ; there, day by day, the Scriptures are searched ; and there, morning and evening, the inmates prostrate themselves, in united prayer to the Father of light, at the domestic altar ; — the pious family, then, is a church of the most High God.* Consulting convenience and perspicuity of arrangement, it will be 'useful to subdivide this chapter, by reason of its unusual length, and the variety of subjects which it embraces, into sev- eral sections. I. The relation of husband and wife, and their reciprocal duties. II. Of parents and children. III. Of brothers, sisters, and more remote relatives. IV. Of master and servant. SECTION I. The relation of husband and wife is the first of the domestic relations, and the foundation of all the rest. In all countries raised above barbarism, this relation has been considered pecu- liarly sacred, and involving duties of the most solemn and respon- sible kind. Almost universally, a religious sanction has been believed to pertain to this relation ; and the narrative of the crea- tion of man, and of the institution of marriage in the persons * Colossians iv. 15 ; Philemon ii. ', Dr. Channing on Associations, in " The Christian Examiner," of September 1829, pp. 116, 117. Chap. I.] THE DOMESTIC RELATIONS. 143 of Adam and Eve, accompanied by the strong declaration of our Saviour, " What God hath joined, let not man put asun- der," * seems fully to warrant this belief. Accordingly, in Christian countries, it has, with almost uni- versal consent and approbation, been solemnized by the minis- ters of religion, and before the altar ; and, in the largest branch of the Christian church, the dignity of a sacrament has been conferred on it, and the consent of the parties is ratified by the solemnities of a sacramental service. In this country, the muni- cipal law regards marriage as a civil contract between the par- ties, and permits its celebration by a civil magistrate ; but public opinion, stronger and more authoritative than law, has made this provision nothing worth, and the marriages are ex- tremely few, which are not celebrated by clergymen. The municipal law, moreover, although it does not acknowledge the religious character of this contract, still treats it as it treats no other contract. In no Christian country, can it be dissolved by the mere consent of both parties, or even of all the persons in- terested in its continuance ; and, in England and every one of the United States, its dissolution can be accomplished only after much delay and expense, and for reasons of the most peculiar and pressing kind. In this State (S. Carolina), there has been no instance, since the revolution, of a divorce of any kind, either by the sentence of a court of justice, or by act of the legislature, f Nor are the importance of the marriage union, and the objects of its institution, unworthy of its divine origin, and of the nu- merous and special guards which the law has thrown around it for its protection and perpetuation. The number and solemn na- ture of the duties springing from the relation, fully correspond to the importance and sacredness which belong to the relation itself. But how shall these duties be enumerated ? how described and set forth with adequate fulness and variety of illustration ? They occur every day, and almost every hour of every day. They are not confined to the external conduct, nor to the expressions of the tongue ; they reach the thoughts and intents of the heart. J Besides being numerous and various, these duties are of every * Matt. xix. 6. t Kent's Commentaries on American Law, Vol. II. p. 88. X Matt. v. 28. 144 THE RELATIVE DUTIES OF MANKIND. [Part III. degree of magnitude. Some of them are great duties, — so great, indeed, that the comfort, the happiness, nay, the salvation of the parties, may depend on their being suitably performed. Some of them are so delicate as to require the best-disciplined temper and passions, the most just taste, the most mature judg- ment, and the most cultivated understanding, for their suitable appreciation and performance. Many of them are too minute and evanescent to be reached by any description short of in- spiration itself. And accordingly it is in the Scriptures, that we find this relation and its duties described with a fulness, pertinen- cy, and strength of illustration, which we attempt in vain to find elsewhere. Every image and every expression by which intima- cy, delicacy, and tenderness can be conveyed, is exhausted by the sacred writers. The state itself is commended by St. Paul to be honorable in all men.* Christianity recalled marriage to the original standard appointed by the Creator, the union of one man with one woman. f This union cannot rightfully be dis- solved, but from a single cause. f The equality in number, too, of men and women born in all ages and countries, proves polygamy to be as inconsistent with the law of nature as it is with the ordinance of God. This ar- gument is used by the prophet Malachi, who well says, if it had been the intention of the Almighty to permit a man to have more than one wife, he would have created a greater number of women than of men.§ Thus, as St. Paul says, every man is to have his own wife, and every woman her own husband. || The hus- band is to render unto the wife due benevolence, and likewise, also, the wife unto the husband. IT Husbands are to dwell with their wives according to knowledge, giving honor unto the wife, as unto the weaker vessel, and as being heirs together of the grace of life, that their prayers be not hindered. ## The husband is declared to be the head of the wife, even as Christ is the head of the church. Husbands are to love their wives, even as Christ also loved the church and gave himself for it.ff He that loveth his wife loveth himself ; and it is declared to be as inconsistent for * Hebrews xiii. 4. f Gen. ii. 22-24 ; Matt. xix. 3-8. J Matt. xix. 9. § Malachi ii. 14 - 16- || I Cor. vii. 2. H 1 Cor. vii. 3. ** I Peter iii. 7. ft Eph. v. 23, 25. Chap. I.] THE DOMESTIC RELATIONS. 145 a husband to hate his own flesh, which he is accustomed to nour- ish and cherish, as to hate his wife.* A man leaving his father and mother, and being joined to his wife, is called a great mys- tery, f On the other hand, the virtuous wife is called a crown to her husband ; f the heart of her husband is said safely to trust in her ; — through her influence, her husband is known in the gates, when he sitteth among the elders of the land. Her children arise up and call her blessed, her husband also, and he praiseth her.§ Wives are to submit themselves to their own husbands, as unto the Lord. As the church is subject unto Christ, so are wives to be 'to their own husbands in every thing. The wife is to see, that she reverence her husband. || Again, the adorning of women, is not to be the outward adorning of plaiting the hair, and of wearing of gold, and of put- ting on of apparel ; but it is to be the hidden man of the heart, in that which is not corruptible, even the ornament of a meek and quiet spirit, which is, in the sight of God, of great price. Sarah, who obeyed Abraham, calling him lord, and other holy women of ancient times, are made examples of suitable beha- viour, who trusted in God, and adorned themselves, being in subjection to their own husbands. f St. Paul declares it to be fit in the Lord, that wives submit themselves to their own hus- bands ; and he exhorts them to love their husbands, to love their children, to be discreet, chaste, keepers at home, good, obedient to their own husbands, that the word of God be not blasphemed.** The preceding passages, numerous as they are, are only a small part of what the Scriptures contain, pertaining to this most important of the domestic relations. They are full, distinct, au- thoritative, — and there is no mistaking their import. Still it may be useful specially to illustrate and dwell upon two par- ticulars. 1. The union of feeling and sentiment, so much insisted on between the parties to the marriage relation, in the New Testa- ment, must not rest in theory alone, — it is designed to answer the most important practical purposes. Without a good degree * Eph. v. 28, 29. t Eph. v. 31, 32. t Prov. xii. 4. § Prov. xxxi. 11, 23, 28. || Eph. v. 22, 24, 33. IT 1 Peter iii. 1 -6. ** Col. iii. 18; Titus ii. 4, 5. 19 146 THE RELATIVE DUTIES OF MANKIND. [Part III. of unity of feeling, design, and action, every thing in a family must inevitably go wrong ; and coldness and gloom, if not distrust and discord, will be guests, where quiet, peace, tranquillity, mu- tual regard and confidence ought to reign with unbroken sway. Quietness under our own roof, and quiet in our own consciences, are blessings of unknown value, for the want of which nothing can atone. " Abroad," says an admirable writer, " we must more or less find tribulation ; yet, as long as our home is a secure and peaceful retreat from all the disappointments and cares which we meet with in that great scene of vexation, the world, we may still be tolerably happy. But, if that which should be our main sanctuary from uneasiness becomes our principal disquietude, how great must our uneasiness be. There cannot be a greater curse, than to have those of one's own household one's greatest foes ; when we neither can live happily with them, nor must think of living apart from them." Again, "To see a well- regulated family, acting as if they were one body informed by one soul, where, if one member suffers, all the members suffer with it ; to see those who are embarked together in one bottom, whose interests are inseparably united, and therefore whose hearts ought to be so too, acting in concert, adopting each other's cares and making them their own, uniting their friendly beams, and jointly promoting the common happiness, is a beautiful scene, and amiable even in the sight of that Being, who maketh men to be of one mind in a house. How joyful a thing it is for breth- ren to dwell together in unity." * How just a picture does our Saviour draw, when he says, "Every kingdom divided against itself is brought to desolation ; and every city or house divided against itself shall not stand." f Party distraction, conflicting interests and passions, abuse and violence, strife and bitterness, are sometimes sufficiently afflictive in kingdoms, commonwealths, and cities ; but in families, when once they break forth, they rage with ten-fold virulence and mis- chief. " When peace and tranquillity are banished from all places else on the earth, the condition of life still remains tolerable, while harmony presides around the domestic altar. "J * Jeremiah Seed's Sermons, Vol. I. pp. 39, 44. t Matt. xii. 25. X See Bishop Jeremy Taylor's Sermons, Vol. I. p. 323. Chap. I.] THE DOMESTIC RELATIONS. 147 2. The other particular deemed worthy of special illustra- tion, respects the precedence assigned in the Scriptures to the husband, and the corresponding obedience which the wife is en- joined to render to his wishes and commands. This particular is intimately connected with the preceding, inasmuch as differ- ences of opinion and inclination must sometimes inevitably ex- ist between persons in married life ; and it ought to be settled and understood beforehand, which party shall, in the last resort, give way. On this particular, St. Chrysostom says, u Equality breeds contention, and one of the two must be superior, or else both would strive perpetually for the dominion. Wherefore," continues he, u the laws of God and the wisdom of all nations have given the superiority to the husband." * Reason and Scripture then concur in claiming precedence for the husband in this respect ; and, moreover, this claim rests on the substantial grounds of greater experience and knowledge of the world, a superior education in most instances, and much greater responsibility in providing for the wants and meeting the expectations of a family. But, in using this precedence with which the husband is invested, let him remember, as Bp. Jeremy Taylor well says, that " A husband's power over his wife is pa- ternal and friendly, not magisterial and despotic. The wife is under perpetual guardianship (in perpetud tuteld), under conduct and counsel ; for the power a man hath is founded in the under- standing, not in the will or force ; it is not a power of coercion, but a power of advice, and that government that wise men have over those who are fit to be conducted by them." Again he says, " The husband and wife in the family are as the sun and moon in the firmament of heaven ; he rules by day, and she by night, that is, in the lesser and more proper circles of her af- fairs, in the conduct of domestic provisions and necessary offices, and shines only by his light and rules by his authority ; and as the moon in opposition to the sun shines brightest, that is, then when she is in her own circles and separate regions, so is the authority of the wife then most conspicuous, when she is separ- ate and in her proper sphere." * Quoted in Bishop Brownell's Commentary on the Book of Common Prayer. p. 379. 148 THE RELATIVE DUTIES OF MANKIND. [Part III. And further, " Concerning the woman's duty, it consists in doing whatsoever her husband commands, and so receives meas- ures from the rules of his government. Her first duty is obe- dience, which, because it is nowhere enjoined that the man should exact of her, but often commanded to her to pay, gives demon- stration that it is a voluntary cession that is required ; such a cession, as must be without coercion and violence on his part, but on fair inducements and reasonableness in the thing, and out of love and honor on her part." Again he says, quaintly enough, as elsewhere, is that such a notice as will be binding on me ? Assuredly it is not ; for I have not done that which constitutes the essence of a promise. I have not voluntarily excited expectation.* 4. A promise is not binding, where it is inconsistent with a previous promise. Dr. Ruiherforth illustrates this position thus ; "When we have once alienated a part of our liberty," says he, " it is not our own to dispose of again ; when we have given one man a demand upon us to act in a particular manner, we have parted with our liberty in this respect, and cannot give another man a demand upon us to act in a contrary manner. What is here said of promises, is equally true of all other sorts of volun- tary obligations. Any former obligation takes away the liberty of the person who is engaged in it ; and, where he has no liberty, he can do no act which will be valid, and consequently none which can be binding upon him. Indeed, upon any other suppo- sition, there would be no such thing as any possibility of a man's being obliged at all by his own act ; which in morality is deemed an absurdity. For, if a second obligation could make void the first, then a third might make void the second, and a fourth might make void the third, and so on without end."f If this illustra- tion is rather technical, still it is perfectly sound, and is valuable for its extensive application. 5. Erroneous promises are not binding in certain cases. (1.) Where the error proceeds from the mistake or misrepre- sentation of the promisee. The reason of this is, that a promise evidently supposes the truth of the statement, which the promisee makes, in order to obtain it. A beggar solicits your alms by a story of the most pitiable distress ; you promise to relieve him if he will call again ; but in the interval you discover his story to be false ; this discovery, no doubt, releases you from your promise. Again, one who wants your services, describes the office or business for which he wishes to engage you, and you promise to undertake it ; when, however, you come to enter * Paley's Moral and Political Philosophy, p. 70. t Institutes of Natural Law, p. 91. Chap. V.] (jJSEflVANCE OF PROMISES. 207 upon it, you find the profits less, the labor more, or some mate- rial circumstance different from the representation which he gave you. Under such circumstances, you are not bound by your promise. (2.) When the promise is understood by the promisee to be based upon a certain state of facts, or when the promiser appre- hended it to be so understood, and this state of the facts turns out to be false, — the promise is not binding. An example will set this rule in a more clear light. A father receives an account from abroad, of the death of his only son, soon after which he promises his fortune to his nephew. The account turns out to be false. By this rule, the father is released from his. promise ; not merely because he never would have made it, had he known the true state of the facts, but because the nephew also himself understood the promise to proceed upon the supposition of his cousin's death ; or at least his uncle thought he so understood it, and could not think otherwise. The promise proceeded upon this supposition in the promiser's own apprehension, and, as he believed, in the apprehension of both parties ; and this belief on his part is the precise circumstance which sets him free. The foundation of the rule is manifestly this ; — a man is bound, as has been said before, to satisfy only the expectation which he intend- ed to excite ; any condition, therefore, to which he intended to subject, or by which he intended to limit, that expectation, be- comes, when known to the promisee, an essential condition of the promise. Errors which do not come within these two rules, do not annul the obligation of a promise. I promise a candidate my vote ; presently another candidate appears, for whom I certainly would have reserved it, had I been acquainted with his design. Here, therefore, as before, my promise proceeded from misapprehen- sion ; and I should never have given such a promise, had I been aware of all the circumstances of the case. But the promisee did not know this, nor did he receive the promise subject to the condition of the other candidate not appearing, or as proceeding from any such supposition ; nor did I at the time imagine, that he so received it. This error, therefore, of mine must fall on myself, and the promise be observed notwithstanding. In this tit 208 THE RELATIVE DUTIES OFtMAjJKIND. [Part III. case, however, it is assumed, that the qualifications of the candi- dates are equal ; otherwise the elector (such is the nature of the elective franchise) must break through his promise, and prefer him who is best qualified. Again, a father promises a certain fortune with his daughter, supposing his estate to amount to a certain sum ; but upon examination, his affairs are in a worse condition than he was aware of. Here, also, the promise was erroneous ; but, for the reason assigned in the last case, will still be binding. The case of erroneous promises is attended with some diffi- culty ; — on the one hand, to allow every mistake or change of circumstances to dissolve the obligation of a promise, would be to admit a latitude which might set aside the force of almost all promises ; and, on the other hand, to gird the obligation so tight as to make no allowances for manifest and fundamental errors, would, in many instances, be productive of great hardship and even absurdity.* 6. A promise is not binding when the performance is impossi- ble. As plain as this may seem at first sight, still it admits of some illustration. The promiser is guilty of fraud, if he is se- cretly aware of the impossibility, at the time of making the promise ; because, when any one promises any thing, his prom- ise implies, that he is convinced of the possibility of performing it, and no one can accept or understand a promise under any other supposition. With a knowledge of the impossibility of performance, the promiser is justly chargeable with a flagrant breach of good faith. If the promiser himself occasions the impossibility of performance, it is a still more flagrant breach of good faith ; as when a soldier or servant maims or otherwise disables himself, that he may avoid performing his engagements.! Again, it generally depends upon the promiser himself, wheth- er it shall be possible for him to perform his promises ; some act or some endeavours of his may be necessary to put him in such a situation as will make the performance possible. A promise, in this case, binds him to the doing of those acts, or to the using of those endeavours, though such acts and such endeavours are not mentioned in it ; since he who has obliged himself to the end, * See Paley's Moral and Political Philosophy, pp. 80-82. 1 Idem, p. 75. Ghap. V.] OBSERVANCE OF PROMISES. 209 cannot but be understood to have obliged himself to use the necessary means of attaining the end. It cannot be said to be impossible for a man to do any thing, which can be accomplished by his own acts or endeavours. A promise, therefore, of this sort is binding from the beginning ; and, though the promiser has not, in express terms, bound himself to do these acts or to use these endeavours, yet, if the possibility of performing what he has promised depends upon them, he is obliged to do them by virtue of his promise. 7. A promise is not binding when the performance is im- moral.* Sometimes the performance of the promise is known to the parties to be immoral at the time when the promise was made, as where an assassin promises his employer to despatch his rival or his enemy, or a servant promises to betray his master. These promises and the like of them are not binding, because their performance is criminal ; their guilt, therefore, lies in the making, not in the breaking of them ; and if, in the interval be- tween the promise and the performance, conscience awakens and regains its rightful supremacy, the promiser will repent of his engagements, and will assuredly break through them. In these cases, the object of the promise is immoral, in the highest sense too ; and this makes the performance immoral, and therefore not binding. Again, sometimes the immorality of the performance did not * Rutherforth, and after him Dr. Paley, have used the term unlawful, where I have used immoral. The term unlawful does not seem to me to be either suffi- ciently definite or comprehensive. Dr. Rutherforth, indeed, appears to have been sensible of its want of comprehensiveness ; for he says, '* When I speak of unlawful promises, I do not mean those only by which we engage to give or do what the law of nature forbids to be given or to be done by us ; where the matter of a promise is forbidden by any other law, by the positive law of God, for instance, or by the law of the land, or by the commands of our lawful su- periors, as far as they have a right to command us, such a promise is void ; we have done nothing by making it ; and consequently have not obliged ourselves to the performance of it." (Institutes of Natural Law, p. 90.) The term im- moral is here used with reference to the standard of morals established and illustrated in my Preliminary Principles and Discussions, pp. 29-60; to wit, the dictates of conscience, when not disturbed by passion or blinded by prej- udice, and when enlightened and guided by the law of the land, the law of con- sequences (as it may well be called), and the divine law as contained in the Scriptures of the Old and New Testament. 27 210 THE RELATIVE DUTIES OF MANKIND. [Part III. exist, or was not known, at the time of making the promise ; as where a woman gives a promise of marriage, but, before the celebration of the marriage, she discovers that her intended hus- band is too nearly related to her, or that he has a wife yet living. In this class of cases, where the contrary does not appear, it must be presumed, that the parties supposed what was promised to be consistent with good morals, and that the promise pro- ceeded entirely upon this supposition. The morality of the performance, therefore, becomes a condition of the promise, which condition failing, the promise is not binding. Further, the tendency, motives, and subject-matter are ele- ments entering too intimately into the nature of a promise to be entirely neglected. Whenever the tendency of the promise is prejudicial to good morals, as seen in the consequences, or made manifest by argument, the promise is not binding ; for the evil tendency and effects impart their own character equally to the promise and the performance. The motives and intentions, too, of the promiser and promisee, or of either of them, and the subject-matter, may be so unmixedly evil, as to contaminate a promise, and render it void. Therefore, a promise to pay a bribe, or to reward the commission of a crime, after the service is rendered, is not binding. So in another case, on which, as well as on these, there has been a difference of opinion. A cer- tain person, in the lifetime of his wife, who was then ill, paid his addresses to another woman, and promised her marriage, in the event of his wife's death. The wife died, and the woman de- manded performance of the promise. The man, who, it seems, had changed his mind, either felt or pretended doubts concern- ing the obligation of a promise made under such circumstances, and referred his case for solution to Bishop Sanderson, who was, at that time, very distinguished for the kind of knowledge required for the solution. Bishop Sanderson, after writing a dissertation upon the question, adjudged the promise to be void. And well he might. For such conduct tends to destroy the sanctity of private life, is inconsistent with the marriage con- tract, and against religion and good morals. To consider such a promise binding is giving encouragement to wrong. Dr. Paley Chap. V.] OBSERVANCE OF PROMISES. 211 decides the question the other way,* and attempts to separate the obligation to perform the promise, from the criminal affection which prompted it, and from the immoral tendency of the trans- action. But it seems to me, that the subject-matter, the motives of the parties, and the general tendency, character, and circum- stances of the entire transaction, ought to be viewed in connexion with the question of the performance of the promise, and as in- separable from it. If so, the opinion of Bishop Sanderson must be sustained. All the considerations of public policy are on the side of Bishop Sanderson's decision ; and this is further evi- dence of its soundness. For, considerations of public policy, and the principles of good morals, always coincide, when both are view- ed in all their connexions, tendencies, and influences.! A promise cannot be deemed immoral, where it produces, when performed, no effect beyond what would have taken place, had the promise never been made. And this is the single case, in which the obligation of a promise will justify a course of con- duct, which, unless it had been promised, would have been un- justifiable. A captive may rightfully recover his freedom by a promise of neutrality ; for his conqueror gains nothing by the promise, which he might not have secured by his confinement ; and neutrality will be innocent in him, although unjustifiable in another. It is manifest, however, that promises which are sub- stituted in the place of coercion, can extend no further than to passive compliances, for coercion itself could compel no more. Upon the same principle, promises of secrecy, in certain cases, ought not to be violated, although the public might derive ad- vantage from the disclosure. Such promises contain nothing in them which ought to destroy or impair their obligation ; for, as the information would not have been imparted upon any other condition, the public lose nothing by the promise, which they would have gained without it. This applies to the relation sub- * Moral and Political Philosophy, p. 78. t The views contained in this paragraph are fully sustained by the analogies of the purest branches of the law. See Story on " Constructive Fraud," in his "Commentaries on Equity Jurisprudence," pp. 290-324. And again, in his " Conflict of Laws," pp. 204, 209, 210, 213-215. This learned author seems to omit no fair occasion to bring into notice and enforce the morals of the law. 212 THE RELATIVE DUTIES OF MANKIND. [Part III. sisting between a lawyer and his client, a confessor and the per- son confessing, both of which relations are highly confidential. Many writers on morals have laid down the position, that, where a perfect and an imperfect obligation clash, the perfect obligation is to be preferred. For this opinion, however, there seems to be no good reason, — the terms perfect and imperfect, cannot justify such a distinction. The distinction between du- ties of perfect and imperfect obligation, is a legal and technical, rather than a moral distinction. The former may be enforced by law, the latter must be left to the conscience of each indi- vidual. The moral philosopher looks at them both from the same elevated point of view. The specific performance, there- fore, of promises of every kind, so far as they are binding at all, is a perfect obligation. For, as the reason of the rule applies to all obligations, imperfect as well as perfect, the rule, that promises are void where the performance is immoral, extends to imper- fect as much as to perfect obligations. Thus, if you promise a man your vote, and, between the time of promise and perform- ance, he renders himself unfit to receive it, you are absolved from the obligation of your promise. Or if it be a case, in which you are bound, by oath or other obligation, to govern yourself by the qualifications of the candidates, and a candidate of higher qualifications appears, the promise must be broken through.* If the matter of a promise is impossible or immoral at the time of making it, but the circumstances are such as may be changed, and a change in the promiser's circumstances may render it possible, or consistent with good morals, for him to perform his promise at some time hereafter, it is binding. The meaning of the promiser at the time must have been this, — that he would give the thing or do the act promised, whenever it should be in his power, or whenever, by any change in his circumstances, it should become consistent with good morals. The obligation of such promises, in the mean time, is in suspense, but is revived when the event happens which renders the per- formance of them possible or moral. f * Paley's Moral and Political Philosophy, p. 76- 79. t Rutherforth's Institutes of Natural Law, p. 91. Chap. V.] OBSERVANCE OF PROMISES. 213 Again, a promise is a personal concern, and the obligations of a man's promise do not descend to his heirs. Promises are obli- gations upon his person only, — they do not affect his property. All obligations, which reach no farther than the person of the promiser, cease with his person. And, since the obligations of promises are of this sort, it is matter of liberality and indulgence only, when the heir to an estate undertakes to make good the promises of his ancestor.* Moreover, it may be well to recommend a caution, to young persons especially, from the neglect of which many have involved themselves in embarrassment and disgrace ; that is, never to give a promise which may in any event interfere with their duty. For, if it so interferes, their duty must be discharged, though at the expense of their promise, and usually, in a measure, of their reputation, f Finally, when a promise is made to God, it is called a vow. The use of vows occurs occasionally in the Scriptures ; Moses enacted several laws for the regulation and execution of them. " When thou shalt vow a vow unto the Lord thy God," says he, w thou shalt not slack to pay it ; for the Lord thy God will surely require it of thee ; and it would be sin in thee. But, if thou shalt forbear to vow, it shall be no sin in thee." J We have instances of vows too, in the New Testament. § The practice of mak- ing vows, therefore, finds authority, if not direct encouragement, in the Old and New Testament. They partake also, in some measure, of the nature of oaths, and their influence in strength- ening and perpetuating good intentions and resolutions seems manifest. The violation of them is sinful, as it implies a want of reverence and regard to the Supreme Being. We may conclude with the wise man ; " When thou vowest a vow unto God, defer not to pay it ; for he hath no pleasure in fools (that is, rash and vain persons) ; pay that which thou hast vowed. Better is it that thou shouldst not vow, than that thou shouldst vow and not pay." [| * Rutherforth's Institutes of Natural Law, p. 90. t Paley's Moral and Political Philosophy, p. 77. J Deut. xxiii. 21, 22. § Acts xviii. 18 ; xxi. 23. || Eccl. v. 4, 5. 214 THE RELATIVE DUTIES OF MANKIND. [Part III. CHAPTER VI. OBSERVANCE OF CONTRACTS. A contract has been defined to be, the assent of two or more minds to the same thing. The minds of both parties, it is said, must be brought to act upon the same subject-matter, and must concur in opinion respecting it. But by a definition better suited to my purpose, because more easily applied, and capable of a more distinct and easy analysis, a contract is a mutual prom- ise. Hence, contracts, in respect to their obligation, to the sense in which they are to be interpreted, and the cases in which they are not binding, are subject to the same rules as promises. From the principles before established, that the obligation of promises is to be measured by the expectation which the prom- iser in any way, voluntarily and knowingly, excites, * results the rule, which (in foro conscientice) governs the construction of all contracts, and which is capable, from its simplicity, of being ap- plied with great ease and certainty ; to wit, that whatever is ex- pected by one party, and Tcnown to be so expected by the other, is to be deemed, a part or condition of the contract, f But as contracts are so much more the object of municipal law, than of moral philosophy, I shall not dwell much upon them. A few general observations, however, relative to the connexion between law and morals, and their respective bearing on each other, so far as this subject is concerned, may be useful. 1. There is a gratifying and instructive coincidence between the rules of Christian morals, and the rules and doctrines of the law, in regard to contracts. ec No man can be heard in a court of justice, to enforce a contract founded in, or arising from, moral or political turpitude." Again, " As far as it can be enforced by human sanctions, the rule of the municipal law is identical with the golden precept taught by Christianity, of doing to others as * See pp. 202, 204. t Paley's Moral and Political Philosophy, p. 83. Chap. VI.] OBSERVANCE OF CONTRACTS. 215 we would that they should do to ourselves." Moreover, " Where the law cannot separate the honest from the fraudulent parts of any transaction, it provides for its own imbecility, by sternly re- pudiating the whole."* By the rule of the common law, if there be an intentional con- cealment or suppression of material facts in the making of a con- tract, in cases in which both parties have not equal access to the means of information, it will be deemed unfair dealing, and will vitiate and avoid the contract. There may be some difference in the facility with which the rule applies, between facts and circum- stances that are intrinsic, and form material ingredients of the contract, and those that are extrinsic, and form no component part of it ; though they create inducements to enter into the:, contract, or affect the price of the article. As a general rule, each party is bound, in every case, to com- municate to the other his knowledge of material facts, provided he knows the other to be ignorant of them, and they be not open and naked, or equally within the reach of his observation. Thus, in the sale of a ship which had a latent defect known to the seller, and which the buyer could not by any attention possibly discover, the seller was held to be bound to disclose it, and the conceal- ment was justly considered to be a breach of honesty and good faith. So, if one party suffers the other to buy an article under a delusion created by his own conduct, it will be deemed fraud- ulent and fatal to the contract ; — ■ as, if the seller, by his acts, produces an impression upon the mind of the buyer, that he is purchasing a picture belonging to a person of great skill in paint- ing, which the seller knows not to be the fact, and yet suffers the impression to remain, though he knows it materially enhances the value of the picture in the mind of the buyer. The seller must not practise any artifice to conceal defects, or make any representations for the purpose of throwing the buyer off his guard. The same principle was declared by Lord Hardwicke, when he stated, that, if a vendor, knowing of an incumbrance upon an estate, sells without disclosing the fact, and with knowledge that * Story, Conflict of Laws, p. 204. — Manuscript Lecture of Simon Green- leaf, Esq., Royall Professor of Law in Harvard University. 216 THE RELATIVE DUTIES OF MANKIND. [Part III. the purchaser is a stranger to it, and under representations in- ducing him to buy, he acts fraudulently, and violates integrity and fair dealing. The inference of fraud is easily and almost inevi- tably drawn, when there is a suppression or concealment of material circumstances, and one of the contracting parties is knowingly suffered to deal under a delusion. So, the selling an unsound article for a sound price, knowing it to be unsound, is actionable. It is equivalent to the conceal- ment of a latent defect. The same rule applies to the case where a party pays money in ignorance of circumstances with which the receiver is acquainted, and does not disclose, and which, if disclosed, would have prevented the payment. In that case, the parties do not deal on equal terms ; and the money is held to be unfairly obtained, and repayment may be compelled. It applies also to the case, where a person takes a guaranty from a surety, and conceals from him facts which go to increase his risk, and suffers him to enter into the contract under false im- pressions. Such concealment is held to be fraud, and vitiates the contract. But, if the defects in the article sold, are open equally to the observation of both parties, the law does not require the vendor to aid and assist the observation of the vendee. Even a warran- ty will not cover defects that are plainly the objects of the senses ; though if the vendor says or does any thing whatever, with an intention to divert the eye, or obscure the observation, of the buyer, even in relation to open defects, he will be guilty of an act of fraud. An inference of fraud may be made, not only from deceptive assertions and false representations, but from facts, incidents, and circumstances, which may be trivial in themselves, but decisive evidence, in the given case, of a fraudulent design. When, however, the means of information relative to facts and circumstances affecting the value of the commodity, are equally accessible to both parties, and neither of them does or says any thing tending to impose on the other, the disclosure of any supe- rior knowledge which one party may have over the other, as to those facts and circumstances, is not requisite to the validity of a contract. There is no breach of any implied confidence, that one party will not profit by his superior knowledge, as to facts Chap. VI.] OBSERVANCE OF CONTRACTS. 217 and circumstances open to the observation of both parties, or equally within the reach of their ordinary diligence ; because neither party reposes in any such confidence, unless it be special- ly tendered or required. Each one, in ordinary cases, judges for himself, and relies upon the sufficiency of his own knowledge, skill, and diligence. The common law affords to every one reasonable protection against fraud in dealing, but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or of careless indifference to the ordinary and accessible means of information. It reconciles the claims of convenience with the duties of good faith, to every extent compatible with the interests of commerce ; meaning by the term commerce, every kind of ordinary intercourse in the way of business transactions. This it does, by requiring the purchaser to apply his attention to those particulars which may be supposed within the reach of his observation and judgment ; and the vendor to communicate those particulars and defects which cannot be supposed to be im- mediately within the reach of such attention.* Chancellor Kent is of the opinion, that the common law has carried the doctrine of disclosures by each party in the formation of the contract of sale, to every reasonable and practicable extent, that is consistent with the interests of society. f cc The only difference " (in regard to disclosures) "between writers on the highest branches of the moral law, and the doctrines of our own judicial tribunals is, that, while both hold it to be the duty of the seller to disclose all the defects or impairing circumstances within his knowledge, the common law, on account of the difficulty of enforcing the rule in all cases, and the disorders it might sometimes occasion in society, draws a line of distinction between circumstances which are open equally to the observation of both parties, and those which are within the knowledge and reach of one alone. The concealment of the latter it punishes." J On this subject, the civil law, as stated by the learned and * Kent's Commentaries on American Law, Vol. II. pp. 377-380. t Idem. Vol. II. p. 384. t Manuscript Lecture of Professor Greenleaf, of Harvard University. 28 218 THE RELATIVE DUTIES OF MANKIND. [Part III. accurate Pothier, which is the law of the greatest part of conti- nental Europe, and the basis of the code of Louisiana, is rather more severe in its requisitions, than the common law of England or of the United States. He says, " Although, in many trans- actions of civil society, the rules of good faith only require us to refrain from falsehood, and permit us to conceal from others that which they have an interest in knowing, if we have an equal interest in concealing it from them, yet in interested (pecuniary) contracts, among which is the contract of sale, good faith not only forbids the assertion of falsehood, but all reservation con- cerning that which the person with whom we contract has an interest in knowing, touching the thing which is the subject of the contract."* " In the application of this rule, the same commentator is of opinion, that the seller is obliged to disclose to the buyer every circumstance within his knowledge relating to the subject, which the latter has an interest in knowing ; and that he sins against the good faith which ought to reign in these trans- actions, if he conceals any such circumstances."! 2. There are, too, some branches of our own law, which, in regard to contracts, are said to be more strictly in conformity with the decisions of an enlightened conscience, than the com- mon law. This is affirmed to be true of equity jurisprudence.^ Yet this superior perfection, claimed in behalf of equity, pertains rather to the means and facilities, which it is permitted to use, in order to attain its end, to the manner in which it grants relief and applies its remedies, and to the extent of its jurisdiction, than to the object at which it aims ; to wit, the attainment of the great- est possible measure of justice and rectitude, — which object is not less the aim of the common law. There are " latent frauds and concealments, which the process of courts of common law is not adapted to reach." The object of equity is, to open the breasts of parties, and " courts of equity address themselves to the conscience of the defendant, and require him to answer, upon his oath, the matters of fact stated in the bill, if they are within * Wheaton's Reports, Vol. II. p. 185, note. t Manuscript Lecture of Professor Greenleaf, of Harvard University. + Kent's Commentaries on American Law, Vol. II. pp. 382-385. Chap. VI.] OBSERVANCE OF CONTRACTS. 219 his knowledge ; and he is compellable to give a full account of all such facts, with all their circumstances, without evasion or equivocation." * Again, the law of marine insurance is another branch of our law, for which this superior perfection has been claimed. But the contract of insurance is formed upon principles peculiar to itself; and the common-law doctrine of sales, and the doctrine of insurance, are each perfectly consistent with the facts, and the mutual understanding, which they respectively assume. In an insurance contract, an unreserved disclosure of all the circum- stances is required by the nature of the case, and by the mutual understanding of the parties. This will be more fully illustrated by observing, that, in making an insurance contract, the insurer is essentially passive, and is known to act, and professes to act, upon the information of the insured. In this kind of contract, the special facts, upon which the contingent chance is to be computed, lie almost always in the knowledge of the insured only. The insurer trusts to his representation, and proceeds in the confidence, that be does not withhold any circumstance with- in his knowledge. Even if the suppression happens through mistake, and without any intention of fraud on the part of the insured, the policy is void. The common law punishes only for intentional concealment of defects, or silence respecting them, in cases in which information is not equally accessible to both parties. The standard of morals, too, set up for the commercial com- munity by the commercial law, is very high. " It is one of the cardinal principles of commercial law, that all its affairs must be conducted with perfect good faiths Again, "It is the aim of all law to secure the observance of good faith in all transactions. The law is said to abhor fraud everywhere, in all its degrees ; — it requires of the suppliant for justice, in any form, that he should approach its altars with clean hands. But, where the necessity for the rule is the most pressing, and the temptations to evade it the most severe, the law, perhaps in compassion to human infirmity, employs the greatest vigilance, and exacts the most inviolate * Story's Equity Jurisprudence, V