Hence it is to be regretted-deeply regrettedthat the doctrine of liberty has so often been discussed with so little apparent care, with so little moral earnestness, with so little real energetic searching and longing after truth. Though its transcendent importance demands the best exertion of all our powers, yet has it been, för the most part, a theme for passionate declamation, rather than of severe analysis or of protracted and patient investigation. In the warm praises of the philosopher, no less than in the glowing inspirations of the poet, it often stands before us as a vague and ill-defined something which all men are required to worship, but which no man is bound to understand. It would seem, indeed, as if it were a mighty something not to be clearly seen, but only to be deeply felt. And felt it has been, too, by the ignorant as well as by the learned, by the simple as well as by the wise: felt as a fire in the blood, as a fever in the brain, and as a phantom in the imagination, rather than as a form of light and beauty in the intelligence. How often have the powers of darkness surrounded its throne, and desolation marked its path! How often from the altars of this unknown idol has the blood of human victims streamed! Even here, in this glorious land of

ours, how often do the too-religious Americans seem to become deaf to the most appalling lessons of the past, while engaged in the frantic worship of this their tutelary deity! At this very moment, the highly-favored land in which we live is convulsed from its centre to its circumference by the agitations of these pious devotees of freedom; and how long ere scenes like those which called forth the celebrated exclamation of Madame Roland-"O Liberty, what crimes are perpetrated in thy name!" may be enacted among us, it is not possible for human sagacity or foresight to determine.

If no one would talk about liberty except those who had taken the pains to understand it, then would a perfect calm be restored, and peace once more bless a happy people. But there are so many who imagine they understand liberty as Falstaff knew the true prince, namely, by instinct, that all hope of such a consummation must be deferred until it may be shown that their instinct is a blind guide, and its oracles are false. Hence the necessity of a close study and of a clear analysis of the nature and conditions of civil liberty, in order to a distinct delineation of the great idol, which all men are so ready to worship, but which so few are willing to take

the pains to understand. In the prosecution of such an inquiry, we intend to consult neither the pecuniary interests of the South nor the prejudices, of the North; but calmly and immovably proceed to discuss, upon purely scientific principles, this great problem of our social existence and national prosperity, upon the solution of which the hopes and destinies of mankind in no inconsiderable measure depend. We intend no appeal to passion or to sordid interest, but only to the reason of the wise and good. And if justice, or mercy, or truth, be found at war with the institution of slavery, then, in the name of God, let slavery perish. But however guilty, still let it be tried, condemned, and executed according to law, and not extinguished by a despotic and lawless power more terrific than itself.

§ I. The commonly-received definition of civil liberty.

"Civil liberty," says Blackstone, "is no other than natural liberty so far restrained as is necessary and expedient for the general advantage." This definition seems to have been borrowed from Locke, who says that, when a man enters into civil society, "he is to part with so much

of his natural liberty, in providing for himself, as the good, prosperity, and safety of the society shall require." So, likewise, say Paley, Berlamaqui, Rutherforth, and a host of others. Indeed, among jurists and philosophers, such seems to be the commonly-received definition of civil liberty. It seems to have become a political maxim that civil liberty is no other than a certain portion of our natural liberty, which has been carved therefrom, and secured to us by the protection of the laws.

But is this a sound maxim? Has it been deduced from the nature of things, or is it merely a plausible show of words? Is it truthsolid and imperishable truth-or merely one of those fair semblances of truth, which, through the too hasty sanction of great names, have obtained a currency among men? The question is not what Blackstone, or Locke, or Paley may have thought, but what is truth? Let us examine this point, then, in order that our decision may be founded, not upon the authority of man, but, if possible, in the wisdom of God.

§ II. Examination of the commonly-received definition of civil liberty.

Before we can determine whether such be the

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origin of civil liberty, we must first ascertain the character of that natural liberty out of which it is supposed to be reserved. What, then, is natural liberty? What is the nature of the material out of which our civil liberty is supposed to be fashioned by the art of the political sculptor? It is thus defined by Locke: "To understand political power right, and derive it from its original, we must consider what state all men are naturally in; and that is a state of perfect freedom to order their actions and dispose of their possessions and persons as they think fit, within the bounds of the law of nature, without asking leave or depending upon the will of any other man.' In perfect accordance with this definition, Blackstone says: "This natural liberty consists in a power of acting as one thinks fit, without any restraint or control, unless by the laws of nature, being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endowed him with the faculty of free-will." Such, according to Locke and Blackstone, is that natural liberty, which is limited and abridged, as they suppose, when we enter into the bonds of civil society.