"And pray, sir, who told you that you have as good a right to happiness as I have?"

I

"Who told me ?-I am sure of it; I know it; I feel it;

66

'Nay, nay, that will not do.

Give me your authority.

Tell me who told you this-how you got at it-whence you derived it."

Whereupon, after some shuffling, our petitioner is forced to confess, that he has no other authority but his own feeling— that he has simply an innate perception of the fact; or, in other words, that "his moral sense tells him so."

Whether it rightly tells him so, need not now be considered. All that demands present notice is the fact, that when crossexamined, even the disciples of Bentham have no alternative but to fall back upon an intuition of this much derided moral sense, for the foundation of their own system.

§ 4.

In truth, none but those committed to a preconceived theory, can fail to recognise, on every hand, the workings of such a faculty. From early times downward there have been constant signs of its presence-signs which happily thicken as our own day is approached. The articles of Magna Charta embody its protests against oppression, and its demands for a better administration of justice. Serfdom was abolished partly at its suggestion. It encouraged Wickliffe, Huss, Luther, and Knox, in their contests with Popery; and by it were Huguenots, Covenanters, Moravians, stimulated to maintain freedom of judgment in the teeth of armed Ecclesiasticism. It dictated Milton's "Essay on the Liberty of Unlicensed Printing." It piloted the pilgrim fathers to the new world. It supported the followers of George Fox under fines and imprisonment. And it whispered resistance to the Presbyterian clergy of 1662. In latter days it emitted that tide of feeling which undermined and swept away Catholic disabilities. Through

the mouths of anti-slavery orators, it poured out its fire, to the scorching of the selfish, to the melting of the good, to our national purification. It was its heat, too, which warmed our sympathy for the Poles, and made boil our indignation against their oppressor. Pent-up accumulations of it, let loose upon a long-standing injustice, generated the effervescence of a reform agitation. Out of its growing flame came those sparks by which Protectionist theories were exploded, and that light which discovered to us the truths of Free-trade. By the passage of its subtle current is that social electrolysis effected, which classes men into parties-which separates the nation into its positive and negative-its radical and conservative elements. At present it puts on the garb of Anti-StateChurch Associations, and shows its presence in manifold societies for the extension of popular power. It builds monuments to political martyrs, agitates for the admission of Jews into Parliament, publishes books on the rights of women, petitions against class-legislation, threatens to rebel against militia conscriptions, refuses to pay church-rates, repeals oppressive debtor acts, laments over the distresses of Italy, and thrills with sympathy for the Hungarians. From it, as from a root, spring our aspirations after social rectitude: it blossoms in such expressions as-"Do as you would be done by," Honesty is the best policy," "Justice before Generosity;" and its fruits are Equity, Freedom, Safety.

§ 5.

But how, it may be asked, can a sentiment have a perception? how can a desire give rise to a moral sense? Is there not here a confounding of the intellectual with the emotional? It is the office of a sense to perceive, not to induce a certain kind of action; whilst it is the office of an instinct to induce a certain kind of action, and not to perceive. But in the foregoing arguments, motor and percipient functions are attributed to the same agent.

The objection seems a serious one; and were the term sense

to be understood in its strictest acceptation, would be fatal. But the word is in this case, as in many others, used to express that feeling with which an instinct comes to regard the deeds and objects it is related to; or rather that judgment which, by a kind of reflex action, it causes the intellect to form of them. To elucidate this we must take an example; and perhaps the love of accumulation will afford us as good a one as any.

We find, then, that conjoined with the impulse to acquire property, there is what we call a sense of the value of property; and we find the vividness of this sense to vary with the strength of the impulse. Contrast the miser and the spendthrift. Accompanying his constant desire to heap up, the miser has a quite peculiar belief in the worth of money. The most stringent economy he thinks virtuous; and anything like the most ordinary liberality vicious; whilst of extravagance he has an absolute horror. Whatever adds to his store seems to him good: whatever takes from it, bad. And should a passing gleam of generosity lead him on some special occasion to open his purse, he is pretty sure afterwards to reproach himself with having done wrong. On the other hand, whilst the spendthrift is deficient in the instinct of acquisition, he also fails to realize the intrinsic worth of property; it does not come home to him; he has little sense of it. Hence under the influence of other feelings, he regards saving habits as mean; and holds that there is something noble in profuseness.. Now it is clear that these opposite perceptions of the propriety or impropriety of certain lines of conduct, do not originate with the intellect, but with the emotional faculties. The intellect, uninfluenced by desire, would show both miser and spendthrift that their habits were unwise; whereas the intellect, influenced by desire, makes each think the other a fool, but does not enable him to see his own foolishness.

Now this law is at work universally. Every feeling is accompanied by a sense of the rightness of those actions which give it gratification-tends to generate convictions that things are good or bad, according as they bring to it pleasure or pain; and would always generate such convictions, were it unopposed.

As however there is a perpetual conflict amongst the feelings -some of them being in antagonism throughout life-there results a proportionate incongruity in the beliefs—a similar conflict amongst these also-a parallel antagonism. So that it is only where a desire is very predominant, or where no adverse desire exists, that this connection between the instincts and the opinions they dictate, becomes distinctly visible.

Applied to the elucidation of the case in hand, these facts explain how from an impulse to behave in the way we call equitable, there will arise a perception that such behaviour is proper-a conviction that it is good. This instinct or sentiment, being gratified by a just action, and distressed by an unjust action, produces in us an approbation of the one, and a disgust towards the other; and these readily beget beliefs that the one is virtuous, and the other vicious. Or, referring again to the illustration, we may say that as the desire to accumulate property is accompanied by a sense of the value of property, so is the desire to act fairly, accompanied by a sense of what is fair. And thus, limiting the word sense to the expression of this fact, there is nothing wrong in attributing motor and percipient functions to the same agent.

It will perhaps be needful here to meet the objection, that whereas according to the foregoing statement each feeling tends to generate notions of the rightness or wrongness of the actions towards which it is related; and whereas morality should determine what is correct in all departments of conduct, it is improper to confine the term "moral sense" to that which can afford directions in only one department. This is quite true. Nevertheless, seeing that our behaviour towards each other is the most important part of our behaviour, and that in which we are most prone to err; seeing also that this same faculty is so purely and immediately moral in its purpose; and seeing further, as we shall shortly do, that its dictates are the only ones capable of reduction to an exact form, we may with some show of reason continue to employ that term, with this restricted meaning.

§ 6.

a

Assuming the existence in man of such a faculty as this for prompting him to right dealings with his fellows, and assuming that it generates certain intuitions respecting those dealings, it seems reasonable enough to seek in such intuitions the elements of a moral code. Attempts to construct a code so founded have from time to time been made. They have resulted in systems based by Shaftesbury and Hutchinson on "Moral Sense," by Reid and Beattie on "Common Sense," by Price on "Understanding," by Clarke on "Fitness of Things," by Granville Sharpe on "Natural Equity," by others on "Rule of Right," "Natural Justice," "Law of Nature," "Law of Reason," "Right Reason," &c. Unsuccessful as these writers have been in the endeavour to develope a philosophical morality, all of them, if the foregoing reasoning be correct, have consulted a true oracle. Though they have failed to systematize its utterances, they have acted wisely in trying to do this. An analysis of right and wrong so made, is not indeed the profoundest and ultimate one; but, as we shall by-andby see, it is perfectly in harmony with that in its initial principle, and coincident with it in its results.

Against codes thus derived, it is indeed alleged, that they are necessarily worthless because unstable in their premises. "If," say the objectors, "this 'moral sense,' to which all these writers directly or indirectly appeal, possesses no fixity, gives no uniform response, says one thing in Europe, and another in Asia-originates different notions of duty in each age, each race, each individual, how can it afford a safe foundation for a systematic morality? What can be more absurd than to seek a definite rule of right, in the answers of so uncertain an authority?"

Even granting that there is no escape from this difficultyeven supposing no method to exist, by which from this source,

As here used, this word is of course to be understood in a popular, and not in a metaphysical sense.