The Writings of James Russell Lowell in Prose and Poetry, Volume V: Political EssaysLowell, James Russell
History
The Writings of James Russell Lowell in Prose and Poetry, Volume V: Political Essays
Lowell, James Russell
United States -- Politics and government -- 1861-1865; United States -- Politics and government -- 1865-1869
In order that the same rules of interpretation should be considered
applicable to the Constitution of the Society and to that of the United
States, we must attribute to the former a solemnity and importance
which involve a palpable absurdity. To claim for it the verbal accuracy
and the legal wariness of a mere contract is equally at war with common
sense and the facts of the case; and even were it not so, the party to
a bond who should attempt to escape its ethical obligation by a legal
quibble of construction would be put in coventry by all honest men. In
point of fact, the Constitution was simply the minutes of an agreement
among certain gentlemen, to define the limits within which they would
accept trust funds, and the objects for which they should expend them.
But if we accept the alternative offered by the advocates of strict
construction, we shall not find that their case is strengthened.
Claiming that where the meaning of an instrument is doubtful, it should
be interpreted according to the contemporary understanding of its
framers, they argue that it would be absurd to suppose that gentlemen
from the Southern States would have united to form a society that
included in its objects any discussion of the moral duties arising from
the institution of Slavery. Admitting the first part of their
proposition, we deny the conclusion they seek to draw from it. They are
guilty of a glaring anachronism in assuming the same opinions and
prejudices to have existed in 1825 which are undoubtedly influential in
1858. The Anti-slavery agitation did not begin until 1831, and the
debates in the Virginia Convention prove conclusively that six years
after the foundation of the Tract Society, the leading men in that
State, men whose minds had been trained and whose characters had been
tempered in that school of action and experience which was open to all
during the heroic period of our history, had not yet suffered such
distortion of the intellect through passion and such deadening of the
conscience through interest, as would have prevented their discussing
either the moral or the political aspects of Slavery, and precluded
them from uniting in any effort to make the relation between master and
slave less demoralizing to the one and less imbruting to the other.
Public-domain text, read in full here on John Shaqi.
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