The Writings of James Russell Lowell in Prose and Poetry, Volume V | Page 2

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.
Again, it is claimed that the words of the Constitution are conclusive, and that the declaration that the publications of the Society shall be such as are "satisfactory to all Evangelical Christians" forbids by implication the issuing of any tract which could possibly offend the brethren in Slave States. The Society, it is argued, can publish only on topics about which all Evangelical Christians are agreed, and must, therefore, avoid everything in which the question of politics is involved. But what are the facts about matters other than Slavery? Tracts have been issued and circulated in which Dancing is condemned as sinful; are all Evangelical Christians agreed about this? On the Temperance question, against Catholicism,--have these topics never entered into our politics? The simple truth is that Slavery is the only subject about which the Publishing Committee have felt Constitutional scruples. Till this question arose, they were like men in perfect health, never suspecting that they had any constitution at all; but now, like hypochondriacs, they feel it in every pore, at the least breath from the eastward.
If a strict construction of the words "all Evangelical Christians" be insisted on, we are at a loss to see where the committee could draw the dividing line between what might be offensive and what allowable. The Society publish tracts in which the study of the Scriptures is enforced and their denial to the laity by Romanists assailed. But throughout the South it is criminal to teach a slave to read; throughout the South no book could be distributed among the servile population more incendiary than the Bible, if they could only read it. Will not our Southern brethren take alarm? The Society is reduced to the dilemma of either denying that the African has a soul to be saved, or of consenting to the terrible mockery of assuring him that the way of life is to be found only by searching a book which he is forbidden to open.
If we carry out this doctrine of strict construction to its legitimate results, we shall find that it involves a logical absurdity. What is the number of men whose outraged sensibilities may claim the suppression of a tract? Is the taboo of a thousand valid? Of a hundred? Of ten? Or are tracts to be distributed only to those who will find their doctrine agreeable, and are the Society's colporteurs to be instructed that a Temperance essay is the proper thing for a total-abstinent infidel, and a sermon on the Atonement for a distilling deacon? If the aim of the Society be only to convert men from sins they have no mind to, and to convince them of errors to which they have no temptation, they might as well be spending their money to persuade schoolmasters that two and two make four, or geometricians that there cannot be two obtuse