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The Atlantic Monthly, Volume 02, No. 12, October, 1858 by Various
page 28 of 286 (09%)
obtain. Leave two men to deal with each other, not merely as subjects
or citizens, but as men, and they must recur to that which is at once
native and common to both, to the universal elements in their
consciousness, that is, to principles; and thus the most ordinary
mutual dealing becomes, in some degree, a spiritual discipline. Harness
these men in precedents, and whip them through the same action with
penalties, and they will gain only such discipline as the ox obtains in
the furrow and the horse between the thills. Statutes serve men, but
lame them. They render morality mechanical. Men learn to say not, "It
is right," but, "It is enacted." And the difference is immense. "Right"
sends one to his own soul, and requires him to produce the living law
out of that; "Enacted" sends him to the Revised Statutes, or the
Reports, and there it ends. The latter gives a bit of information; the
former a step in development. Laws are necessary; but laws which are
not necessary are more and worse than unnecessary;--they pilfer power
from the soul; they intercept the absolute uses of life; they
incarcerate men, and make Caspar Hausers of them. Now in America not
only is there already much emancipation from those outside regulations
which supersede moral and private judgment, but the tendency toward a
fresh life daily gains impetus. That repeal of the Missouri Compromise,
however blamable, has several happy features, and prominent among these
must be reckoned the illustration it affords of a growing disposition
to say, "No putting To-day into Yesterday's coffin; let the Present
_live_ and be its own lord."

We need be at no loss to discover the effects of the combined
influences here stated. The ordinary phrases of our country-people
denote an alert judgment,--as, "I reckon," "I calculate," "I guess."
The inventiveness which characterizes Americans, the multiplicity of
patents, comes from the tendency to go behind the actual, to test
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