The Southern Literary Messenger, Vol. I., No. 8, April, 1835 — John Shaqi
The Southern Literary Messenger, Vol. I., No. 8, April, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 8, April, 1835
Various
American literature -- 19th century -- Periodicals
Nor have we yet reached the end of this course of salutary reform. The
administration of justice may be still more simple; and though the
rules of property and of civil rights must always be numerous and
complicated in a civilized community, yet this necessity furnishes a
further reason why the modes of investigating truth and the rules of
evidence should possess all practicable simplicity. The spirit of
philosophy has been actively at work here. In some instances, perhaps,
it has been too far in advance of the age, and under the influence of
the pride of discovery and reform, or provoked by opposition, it may
have been urged farther than reason and propriety would warrant. It
has, however, arraigned the whole system of judicial evidence, and
endeavored to show that the rules for the examination of contested
facts are so erroneous or defective, that the truth is commonly
discovered better out of court than in it; and that questions about
which all the world is satisfied, when technically examined by
tribunals created purposely for their investigation, either receive no
answer, or a wrong one. The official expounders of the law, partaking
of the liberal spirit of the age, have of late years greatly narrowed
the objections to the competency of witnesses; but it is only the
legislature and public opinion which are adequate to a complete
reform, and they will one day assuredly bring it.
There is much seeming force in many of the other objections of the
reformers to the present very artificial and complicated system of
jurisprudence; but whether their views are satisfactory or otherwise,
they equally serve to show the prevalent disposition of men to bring
all human concerns to the bar of reason, and make them submit to her
decrees.
There is nothing in which the progress of reason and philosophy are
more shown, than in the subject of religion. A large part, perhaps I
may say, the best part of religion, as it is most productive of good
results, is the religion of the heart; and consists in a profound and
thorough sense of the wisdom and beneficence of the Creator--of
thanksgiving for the blessings he has vouchsafed to frail and humble
beings like ourselves--to vigorous self-examinations by our own
conscience--to fervent aspirations after moral excellence in this
life, and a purer and higher state of existence hereafter. But all of
these are impulses of the feelings, rather than the cold dictates of
the reasoning faculty; and being dependant on the laws of our
emotions, which are as unchangeable as our forms, and probably as much
the result of organization, are the same in character, if not in
degree, in every stage of society.
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