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after a perception of moral rules inde- of Civil Society, and that man cannot pendent of established law. With such exist as man ercept he erist in Civil Soviews, it is no wonder that our author ciety, under the sway of Rules of Action should have commended so highly a really enforced by some of the Members practice which he has ascribed to the of the community."-p. 143-4. This is a ** ancient Romans," to wit: that of in- legitimate consequence of the doctrine culcating upon children, “ in the earliest already noticed ; for if the moral sentiyears of life," the “ Laws, and the ments of man are generated, in the Maxims and Formulæ of Laws." This way described, by the operation of the is a theme on which he delights to dwell. laws of civil society, it follows that
without such laws, he would be devoid " The familiarity with the Law," he of moral sentiments, and consequently continues, “ thus generated, joined with a not an accountable being.
In one belief that the Roman Law was the per- word, he might exist independently of fection of justice, constituted a moral edu- civil society, but not as man; for he cation for the Romans. In like mamer, would have no moral sentiments. Lord the habitual use of expressions implying moral qualities and moral seutiments, calls Monboddo bas told us how the inonkey up moral notions and moral sentiments in became a man; our author has given those who thus learn the language of mo another process by which we, existing rality. But moral notions and moral sen as mere animals, have been raised to timents can have no definiteness and fixity, the rank of human beings. It is by except the rules by which their objects are the operation of the law of the land, determined are definite and fixed; AND which establishes Rights ; these beget THESE RULES ARE LAW AND Custom. Each
- Jural Sentiments," which are grasuccessive generation, deriving its educa: dually developed into a Moral Sense, tion from the existing Laws and Customs of the Nation, and being imbued with a
or Sense of Duty! belief that these Laws, and the Maxims In strict accordance with his favorite which they imply, are right and jnst, will doctrine, he tells us, thattransmit the same education to the next generation. And thus th stability and “ Moral rules must be expressed by reconsistency of the staie will be preserved." ference to men's rights; and thus they
necessarily depend upon rights actually
existing. Further, it has been stated, (94) Truly, it must be confessed, that that Men’s Actual Rights are determined before the coming of Dr. Whe- by Positive Law; Meu's Rights in each well, the world was in as great dark- Community are determined by the Positive ness with respect to the true mode of Law of that Community. But the Laws
of different Cominunities are different; and training up little children, as it was in the determination of Men's Rights by variregard to the true order and method of ous Stales are different. Persoval Security, teaching the rules of morality. Most Property, Contract. Marriage, are regulated Christian parents have been weak by very ditferent rules in one State and in enough to suppose, that the law of another. Private war, Slavery, Polygamy, God might serve the purpose of moral Concubinage, have been permitted by the instruction, nearly as well as the law Laws of some States, and many other of the land ; and that the Bible is as practices which are forbidden by our Laws.
And it seems to follow from this, that Mogood an instrument for the development of the moral sentiments” as is Black- rality, which depends on the Laws, must
prescribe different Rules in the States in stone's Commentaries. When this which such practices are permitted, and shall be clearly shown to be a mistake, in those in which they are forbidden.”however, we trust that the work of that learned commentator will be introrluced into all our infant schools and Now, before we proceed to notice sunday schools, as well as into all the author's extraordinary attempt to schemes of parental government. reconcile this language with the doc
It is in perfect conformity with the trine that “ moral rules are universal above views of the glory of law as it is, and unchangeable," we shall present that our author has repeatedly declar- our own views of the manner in which ed, " That among the most powerful the honor and glory of moral science Springs of Human Action is the Desire are to be preserved from the influence
of such assumptions. If moral rules engaged in glorifying the laws of the must be expressed by reference to land, that he seems to have forgotten rights existing under the law of the all he had ever said and all he bad ever land, we shall not deny, that they are known. as fluctuating and changeable as those Of our author's five great moral rights. Thus, it not only * seems” to rules, there are only two which are follow—it clearly and irresistibly fol- express with reference to the law lows, from the position in question.- of the land ; namely, the principle of We would maintain the immutability justice and the principle of order.of moral rules, therefore, by denying These two principles, as they are exthe proposition from which such an in- plained by him, do, indeed, make only ference is fairly deduced. Indeed, it is one. We may state this also as a scarcely possible to construct a more Moral Principle,” says he, " that each wild and reckless proposition than that man is to have his own ; and this we on which the author has based so much may term the Principle of Justice."of his reasoning. We are utterly ama- And he also says, “ Justice requires us zed and confounded, that any teacher to give each man his own, and Law of morality should have the unparallel- alone determines what is each man's ed hardihood to assert, that “moral own. If we draw inferences from the rules must be expressed by reference notion of Justice without taking account to men's rights,” as established by the of the traditions of Law and History, laws of the community.
we shall be led to contradiction and Let us look at this assertion in the confusion." His great principle of jus. light of the author's own teaching.- tice, then requires us to give each man Mr. Whewell has given various moral his own, as it has been ascertained by rules : such, for example, as that “we • the traditions of Law and History.” should love man as man;" that “we Hence, it is included in his principle of should always speak the truth ;" that order, which "implies a conformity to “we should act in conformity with the positive Human Laws."--p. 193. Now, higher principles of our nature rather in his learned attempts to show that than the lower, whenever they come moral rules cannot be expressed except into conflict." Now, not one of these in relation to human laws, he draws moral rules is expressed with any re- his illustrations from the rules of jusference to the law of the land, or to any tice, and then adds, that by " the like right existing under it. In innumer- reasonings we should be led to other able instances we may act in opposition Moral Ideas.”—p. 153. It is in this to the dictates of conscience, without very satisfactory and philosophical manviolating any right secured by human ner that our author demonstrates that law. The moral law binds us to tell not only the rules of legal justice, but the truth ; but yet we may, in many all moral rules whatever, must be exways, violate this principle, without pressed with reference to the law of interfering with any right established the land. by the civil code. The same remark Let us now notice the manner in is perfectly true of other moral pre- which he attempts to reconcile his dogcepts laid down by Mr. Whewell; ma, that moral rules must be expressed
" Be not angry ; bear no ma with reference to legal rights, with the lice; do not lie ; do not deceive ; do fact that moral rules are immutable.not lust," and various others. They He admits, that "it seems" to follow are expressed without the least shadow from this dogma, that moral rules are of reference to the law of the land.- as variable as the legal rights upon They relate to the inmost recesses of which they depend; and he even asthe heart; the law of the land has no- serts, over and over again, that "the thing to do with them. How is it pos- morality of the individual depends on sible that our author could, in view of his not violating the law of his nation." such things, assume the atrocious dog. -p. 83. Now, in order to reconcile ma in question, and send it forth to the his scheme with the immutability of world with an air of oracular authority moral rules, which does he deny the as if it were not to be questioned ! – dogma or the conclusion which seems The truth is, that he was so earnestly to flow from it? He neither denies
the premises nor the conclusion. It is very remarkable, that in treating Surely, then, he must deny the immu- of the rules of right we should so often tability of moral rules? No, he does hear of " rights,” and of rights” only. not deny that either ; he holds them Now, it may be true, if you please, all together, and reconciles them in a that our notions of “the fundamiental manner peculiar to himself. Let us rights of men" are exceedingly vague, look at this specimen of logic :
and that we can know the “ rights" any
man has only by looking at the law, " Moral rules” (says he) “ exist neces and seeing what it guaranties to bim. sarily; they are necessary to the action of No one pretends to deny, that all the man ; they result necessarily from the pos- rules in relation to the rights of men session of Reason. From this it seems to follow, that Moral Rules must be neces
"inust be expressed with reference to sary truths, flowing from the moral nature the law of the land,” so far as those of man; and that, therefore, like other rights are established by the law. The necessary truths, they must be universal question is not whether legal rules reaud unchangeable. And accordingly, mor- specting our legal rights must be so exalists have constantly spoken of Morality pressed, but whether “moral rules" as a body of fixed, immutable, universal concerning what is right, must be ex truths.”"--p. 77.
pressed with reference to the law of Thus, moral rules depend on legal in setting out with rights, instead of the
the land. It must be confessed, that rights; and hence it follows that they morally right, the learned author has must vary with those rights; and yet most skilfully adapted his premises to they flow from the moral nature of man, from the bare possession of rea
his foregone conclusion. We would son, and, therefore, it follows that they
remind him that morality is something are universal and unchangeable! Now, and that the good man has something
more than an observance of contracts; he demands of himself, “How are these two opposite doctrines to be re- abstain from infringing upon the legal
more to do in this life than merely to conciled ?" and he answers
rights of his neighbor. The precept, “ They are thus reconciled. The Con
" thou shalt not steal,” is only one of ceptions of the furdamental rights of man
the ten commandments ; -- it by no are universal, and flow necessarily from means embraces the whole moral law. the Moral Nature of man: the Definitions The question is not, we repeat, about of these rights are diverse, and are deter- "rights,” but about right. Let the mined by ihe laws of each State. The author show that we can have no noConceptions of Personal Security, Secnrtion of what is right, independent of leity, Property, Contract, Family, exist everywhere; and man cannot be con
gal enactments, and he will show someceived to exist in a social condition with thing to the purpose ; but while the out them. The Rules by which Personal point in hand relates to “moral rules,” Safety, Property, Contract, Families are it is flying wide of the mark to lay one's maintained and protected, are different in premises on " fundamental rights.”— ditierent communities, and will differ ac When “ moralists have spoken of mocording to the needs aud purposes of each rality as a body of fixed, immutable, community. The Rules of Morality are universal truths,” they have not referuniversal and immutable, so far as they are red to men's rights, but to that which expressed in terms of these Conceptions is right in itself
, absolutely, and indein iheir general form : it is always our duty to respect the Personal Safety, the pendent of all law. On this subject we Property, the Contracts, the Family Ties beg leave to read the learned author. a of others. But if we go into those details lesson out of Hobbes himself :-" The of Law by which these conceptions are laws of nature," says the philosopher in different communities differently defin- of Malmsbury, are immutable and ed, the Rules of Morality may differ. In eternal ; for injustice, ingratitude, arone country the wayfarer may morally rogance, pride, iniquity, acception of pluck the fruits of the earth as he parses
, persons, can never be made lawful."!-and in another he may not; because when Leviathan, Part i., Chap. xv.
This so plucked, in one place they are, and in another they are not, ihe Property of him is a generous and noble sentiment, on whose field they grew. The Precept, when compared with the low and desDo not Steal, is universal; the Law, tó picable philosophy of Mr. Whewell. pluck is to steal, is partial.”—p. 77.
It is the worst feature of this philoso
phy, that it betrays no confidence in conceptions, but not with truths; for the importance of the distinction be- "all truths include an Idea and a tween right and wrong. It regards Fact." The great dictates of Truth, morality as flexible," as unstable and and Justice, and Mercy, exist, it is fluctuating, while law alone is "fixed." true ; but we can deduce no moral Moral distinctions exist, it is true, ac rules for them. The attempt to do so, cording to this philosophy, but they would lead to contradiction and concan lead to no rule of human conduct. fusion.” They must be linked to facts, If we would know what we should do, supplied by the laws of the land, before we must in all cases turn to the law of they become truths and safe guides of the land ; and it is in reference to this, conduct. Moral rules must relate not that all our moral rules must be most to the law of God, but to the law of reverently expressed. · Thus," it is the land. It is repeatedly asserted by emphatically said, “we cannot have him, that external facts or laws, supjustice without law. For justice re- plied by human governmeat, “ are quires us to give to each man his own, necessary to moral agency;" that and law alone determines what is each "moral action cannot take place" withman's own. If we draw inferences out them. from the notion of Justice, without taking The doctrine here advanced, is preaccount of the traditions of Law and cisely that of the philosopher of MalmsHistory, we shall be led to contradic- bury. Hobbes did not hold, as it is tion and confusion.” The same rea- commonly supposed, that there is no soning, he tells us, may be applied to law higher than the law of the land ; other fundamental ideas.—p. 153. It he conceded that the law of God is is true, then, that we have general higher, and more worthy of our regard. conceptions of truth, justice, mercy, And he allowed every man to follow it, and goodness; but if we would know when it did not come into conflict with what things are true, or just, or mer- the law of the land ; nay, he even conciful, or good, he would send us to the ceded, that if any person knew the law statute book!
of God to be contrary to the law of In his choice phraseology,-“ All society, he should follow the former in truths include an Idea and a Fact. preference to the latter ; but he conThe Idea is derived from the mind tended, that it was unsafe and unwise within, the Fact from the world with- for a man to set up his own private out. In the Instance of Rights,” (be judgment against the decisions of the it observed that he professes to speak state. He merely endeavored to esof moral rules,) "of which we are now tablish the will of “Leviathan" as a speaking, the Idea, or conception of the practical rule, and not as theoretically Right, is supplied by our consciousness the best or most perfect. Such was of the Moral Nature and its Conditions; the philosophy of Hobbes; and such the Fact, or Definition of the Right, precisely is the philosophy of Mr. is supplied by the Law of the Society. Whewell. “ Hobbes," says Warburin which we live, and the train of ton, “was the terror of the last age, events which have made that law what as Tindell and Collins are of this ; and it is.”—p. 77-8.
every young churchman inilitant would In spite of the obscurity in which try his arms in thundering on Hobbes's Mr. Whewell has contrived to enve- steel cap." We wish to see how the lope most of his elements of morality, same doctrine, which then roused the one thing is sufficiently plain ; and that indignation of the Christian world, will is, that the law of the land is the be received, at the present day, by supreme rule of conduct. Our moral the Church militant. nature may furnish us with ideas and
(To be Continued.)
MORNI AND ETHNEA.
A LEGEND OF ST. COLUMBA.
BARREN and desolate as yonder isle hind, but lies in ruin beneath the waappears now, it once was the favorite ters. spot of nature, where, with a prodigal The king had but one child, a daughhand, she scattered her sweetest and ter, the dearer to him for that she was brightest flowers, and blessed the soil his only one. Ethnea was the pride of with richness and fertility. The stran- his youth and the gladness of his old ger on the shore would pause in admi- age; he loved her with even more ration of its beauty; and, as his eyes than the strength of a father's heart, wandered from the enamelled carpet with a fondness which sought her hapof flowers which sloped to the edge of piness alone, and a tenderness which the water, and blushed in its silver partook of the softer character of materdepths, to the arched vistas of trees, nal love. Nor in beauty as in goodness, Jaden with the fruits of summer, and was Ethnea undeserving of her father's flinging their perfume on its breeze as affection. Every harp, which sounded it passed, he could have deemed that at the banquet, forgot its stirring tale of paradise was given back to earth again, war and knight, and sent forth its its avenues guarded by the spirits of strains in praise of that beauty, which the lake, and every flower and tree entranced the gaze of the minstrel nurtured by the breath of an eternal even while he sang. Princes and warsummer.
riors sued for her hand in marriage; Nor is it as a lovely garden alone, and a successful rival was he, who obsleeping in the embrace of nature, and tained the favor of Ethnea even for the resplendent with her brightest gifts, dance. She was, indeed, the fairest that we are to view yonder island. Its flower of the isle ; but love, in his pilexceeding beauty awakened the desire grimage, paused in his flight to rest upof possession, and it became the seat on so sweet a spot, and while he soof royalty and power. A stately cas. journed there, the eye, which sparkled tle rose among the trees, inhabited by with the light of youth, became dim, a powerful monarch of that period. and the cheek, on which nature had No way-worn minstrel ever passed that breathed her brightest hue, became castle, without sharing its hospitality pallid, as though touched by the finger and shelter; and though centuries have of death. swept over that island, blasted and de Among the various suitors who pressserted, the time has been, when the ed for the hand of the princess, was harp pealed forth its melodious strains, one favored by Ethnea above all. The and from the lips of the honry minstrel predilection of the maiden was conrose the inspiring deeds of the ancient firmed by the king, who regarded Morday, the praises of warriors, and those ni as a warrior brave and skilful beyond legends of enchantment, which lent the his years. The hand of his daughter feats of war and the vows of love the was betrothed by the king to the charms of supernal influence. But young prince, and the day was appointvanished, like the mist of morn ed for their puptials. But, ere the ing, are the grandeur and beauty of hour arrived to stand before the altar, the isle; the harp of the minstrel is the arm of death hung, like a pall, silent now as the tongue which once above the fated youth ; and the love of responded to its strain; the curse of a Ethnea left to the unhappy maiden but spirit bath withered every flower, and the tear, the sigh, and the murmur of shorn every tree of its beauty; and the despair. castle, which once towered in pride But a few days previous to that apand strength, hath not left a trace be- pointed for the bridal, Morni, in com