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in the judgment of many, the better law in regard | Garland's Life of Randolph, 66; Adams' Life of to the proper application of the principles of the Randolph, 109; 3 Benton’s Debates of Congress, 142 Dartmouth college case. By going back, there. (Randolph's resolutions), 333 (Granger's letter and fore, to the path which was abandoned when the defense); 2 Stat. at Large, 235, and 3:116 (acts of rule in that case, that of a private eleemosynary March 3, 1803, and March 31, 1814); 1 Stat, at corporation, was perverted to the maintenance of Large, Bioren & Duane's ed., 460, 512 (evidence colcorporate institutions invested with great public lected and published by Georgia); Fletcher vs. Peck, functions, not only congress but the states will be 6 Cranch's Reports, 87, or 2 Peters' Reports, 328; left free to bring the needful legislation to bear Jameson's Grounds and Limits of Rightful Interferagainst those monster establishments deeming ence by Law with the aceumulation and use of Capithemselves impregnable behind the barrier of the tal, and authorities cited, ALEX. JOHNSTON. constitution.” — See authorities under GEORGIA; 4-6 Hildreth's United States (index); 2 Schouler's YEAS AND NAYS. (See PARLIAMENTARY United States, 74; 2 Tucker's United States, 186; 1 | Law.)



EITGEIST. Its Nature and Power. The Zeit- the beginning of a century, and hence our Chris-

geist is a German word, meaning the spirit of tian chronology does not correspond with the the times, or the spirit of the age. In the follow. chronology of the periods of the world's history ing article it will be frequently rendered literally (weltperioden, world-periods). — With the ages, by the English compound Times-Spirit. — Every new ideas, like stars, rise above, and again sink one feels the power of the times-spirit, but no one below, the horizon of humanity. In one century, explains to us on what that power depends. All an idea has a powerful attraction for men; in anspeak of the times-spirit, or of the spirit of the other, that same idea exercises no influence whatage; most men pay homage to it; yet nobody tells In one age, men wax enthusiastic over it, us what the times-spirit which they worship and in the next they pass it by coldly and indifferently. which they sometimes unwillingly obey, is. The In the twelfth century (including the last decade idea of the times-spirit did not originate in our of the eleventh) all Christian Europe was stirred day. It was given expression to, even by the to its very centre by the desire to rescue the sacred brahmans of ancient India. The old Romans were sepulchre of Jesus from the infidel. To effect that acquainted with the “spirit of the century" (the end, millions of men with fiery ardor rush into sæculum). (Tac. Germ., 19.) But our age has the arms of unknown danger, privation and death. grown more attentive than any former one to the But this fanatical impulse loses its power over drift of the spirit of the times. Hence the ques- minds in the thirteenth century, and, later, dies tion, What is the times-spirit ? imperatively de-out entirely. The second half of the fifteenth mands an answer. — I. Let us first see by what and the first of the sixteenth century, favor the external signs men think they can recognize the renaissance of ancient ideas, and the reformation times-spirit, and what qualities they ascribe to it. of the church, which had previously been at-1. The times-spirit manifests itself chiefly in tempted, without success, by individuals; while, the definite character and the special intellectual from 1540 onward, the spirit of reaction and tordirection by which the different ages and the dif- pidity rose up and was just as victorious. In the ferent phases of the times are distinguished from seventeenth century, princely absolutism everyone another. The contrast noticeable between the where celebrated its triumph over the estates sys. great periods of the world's history, marks also the tem; and in the eighteenth, beginning with 1740, changes or transformations of the times-spirit, in the craving for enlightenment and the freedom of a general way. Even the spirit of the middle ages the middle class of citizens raged with the vio was once present in the world as the spirit of the lence of revolution. The nineteenth century cortimes, as the times-spirit; and in its time it crushed responds with the growth of representative conout the spirit of the ancient world, just as it had stitutional government and the national (see Na. itself to yield subsequently to the spirit of modern TIONALITIES, PRINCIPLE OF) current in politics. times. Again, in these great periods of the world's In one age, the fundamental feature of the timeshistory the spirits of the centuries, and even of the spirit is liberal; in another, conservative; while in half-centuries composing them, are surprisingly a third it is either radical or absolutist. — The same different. Only, the century must not be reck- changes or transformations of the times-spirit are, oned according to our Christian system of chro- besides, visible in miniature, in any one age. nology, for the experience of history everywhere Here, too, there is an upward and a downward shows, that the spirit of the new century becomes movement to be distinguished. The spokes of observable in all its youthful impetuosity even in the great wheel of the world's history consist of the last decade (according to Christian chronology) smaller wheels which have a rotation of their own. of the previous century. Christ was not born at The very same men grow enthusiastic, in one

phase of the times, over popular freedom, and in and chief cause. The best liberal government another call for a dictatorial power; but, in both can not prevent the return of the time of a coninstances, they appeal to the spirit of the age with servative tendency. And when, even an absoluwhich the direction they follow is in harmony. tistic government makes no gross mistakes, the When Napoleon I. undertook to re-establish Cæ-times-spirit does not always persist in the same sarian authority, he tried to discover, by means of direction, but from time to time ventures a leap pamphlets which he caused to be scattered wide in the way of radicalism. — But the spirit of the spread, whether the time for it had come, just as times does not propagate itself in entirely the same Noah, according to the Jewish record, once tried measure among different peoples. It changes, to find out whether the waters of the deluge had too, the principal representatives of its character subsided; and Napoleon repeatedly postponed car for the time being. At one time one nation, and rying his design into execution, because the time at another time another, appears as the especial had not yet come for it. At last the signs of the organ of the times-spirit, according as the pecutimes seemed favorable to him; he then cast aside liar nature of such a nation harmonizes with the the veil of the consulate, and founded the new most prominent quality of the spirit of the times. empire. Such an undertaking would have been the spirit of the times in this way lifts up the naas impossible later, at the time of the restoration tions, and lets them fall again. — The principal after 1815, as it would have been earlier, in the seat of the times-spirit in Europe, in antiquity, turbulent time of the revolution.— This changing was first Greece, and, later, Rome. During the of the times-spirit seems to protect mankind from middle ages the Germans, although unconscious the lasting, all-crushing despotism of a single, one of the fact, were the representatives of the spirit sided tendency or direction, and of one sole pow. of the times. In the age of the reformation of er. Time causes one force to set again, which it the church the German nation was the chief organ had previously called on to rise, and summons of the times-spirit, just as the French nation was other sleeping forces into life and operation. With in the age of the revolution. In the former intime the wheel of destiny turns round, and now stance, the times-spirit swept from Germany over new hopes and cares awaken, and now again old northern and western Europe; in the latter, like sorrows and old joys approach their end. In the a storm, from Paris over the European world. change of human things the change of the times. The full power of the moving times-spirit, like spirit has a great share. Not our globe alone is the crest of a wave, becomes perceptible only in round and must turn on its axis; the times-spirit the land or among the nation which is its princitoo revolves, and, by its revolution, exercises a pal seat or principal representative; and its force changing influence on the opinions and doings of in other lands and among other peoples decreases men. — 2. A second noteworthy observation is in intensity, until the wave reaches its trough. – the propagation of the times-spirit. Were it lim- 3. The great power of the times-spirit shows ited to a single country, or to a definite nation, we itself mainly in the multitude. It comes over the would suppose we discovered it in the peculiar masses, they know not how themselves, and gives spirit of that country or that nation. But it is them the direction which they follow. The greatevidently not confined within the boundaries of a er number of them surrender themselves up to its country; it moves, in the same current and direc- impressions, and allow themselves to be filled by tion, over different nations. Like the currents of it. As plants, at certain seasons of the year, the wind, in the atmosphere, it now moves from shoot forth and blossom, then stand still and fade, the east to the west, and now from the north nations are now stirred to action by the current to the south, and vice versa. The religious, be of the times-spirit, and again are relegated by lieving, and, in a political sense, feudal, fun. it to rest. The times-spirit wakes up and slumdamental feature of the mediæval times-spirit, bers according as these qualities or those appear spread not only over Christian Europe, but, sim in it. Its course is mysterious. It forces itself ultaneously, over the Mohammedan east. — It is in like the wind; it communicates itself from one often thought that the changes in the spirit of the man to another just as heat does from one body times can be explained by certain definite expe- to another. At times, it spreads like an epidemic, riences of a people, or by certain measures taken and, in a moment almost, transforms the hopes by its government. The explanation is a wrong and moods of men. — But there is a great differone; for the spirit of the times changes among ence between the times-spirit and the cosmic inother peoples also, with different experiences and fluences of the seasons and the changes of the different governments. We must not think that wind. There was a time when men sought to exthe change in the spirit of the times was caused plain the strangest effects of the times-spirit by for the reason that this thing or that thing hap- cosmic causes. Astrologers calculated the destiny pened, or for the reason that this thing or that of men from the constellations of the heavens. was left undone. It may be that such happening They thought that by the position or movement or leaving undone of a thing may, as a secondary of the planets especially they might discover cause, have helped the efficiency of the change of men's plans and acts, and measure the change of the times-spirit, or put obstacles in its way. The the times-spirit. Fruitless and foolish endeavor ! change itself, however, is not dependent on such Were the cause of the change of the times-spirit happening or leaving undone, and has another 1 to be found in the external nature of our globe,

that same cause, like the seasons of the year, like, which pointed to the succession of the age-stages the changes of heat and cold, like the currents of of human life, and sought by them to explain the wind, would necessarily exercise an influence the changes of the times-spirit, were happier. on men and on all other creatures, at the same But Frederick Rohmer investigated the law of time on plants and on animals. But of this there the times-spirit more deeply and more comprehenis no trace. No matter how the times-spirit sively than any other writer, and explained it by changes, the growth of plants and the life of ani- psychology. His own nature, which was very mals do not follow the change. They do not feel sensitive to, and had a fine feeling for, all the it.— The power of the times-spirit manifests itself changes of the times-spirit, constantly spurred only in the life of man; it is connected with hu- him on to observe its course, and follow it, like man nature, and is scarcely explainable except by the minute-hand of a clock, with strained attenthe facts of human nature. - As the times-spirit tion. In this way he at last found an accurate is confined to the world of men, its

power is en measure for the movement of the times-spirit. — hanced by the intercourse of men with one another, This prevalence of law in its movement distinand in many ways weakened and checked by the guishes the spirit of the times from the changeisolation of men from one another. Nowhere is the able fashion. The times-spirit, indeed, exercises times-spirit stronger than in great cities, in which its power on the fashion too. It manifests itself men live closely packed together in constant and by way of preference in the art style of different active intercourse witbone another. It rules much ages, from which even the fashion can not free less in the country, with its small villages and scat- itself, and most clearly in the architectonic style, tered farm-houses. The seclusion of a monastery but in music and in literature also. Thus the can not withdraw itself entirely from it, but it fashion only followed the times-spirit, when, in the only slightly feels the transforming power of the seventeenth, and to some extent in the eighteenth times-spirit. — 4. Its power over men is not an century, it gave its preference to rococo forms, absolute one. Some, especially individuals of and delighted in queues and hair-bags. Again, energetic character and determined mind, resist it was led by the spirit of the times when the its influences, and sometimes endeavor, with suc French revolution revived antique fashions, corcess, to swim against its stream. Many combat responding to the republican models of Grecian the times-spirit which they hate. Many more, and Roman antiquity, which then had great invexed and defiant, repel its rule. The world's fluence on the renovation of public life; and when history is determined only in part by the times it afterward, in the Napoleonic period, turned to spirit. The individual freedom of men, as well the aristocratic and severer forms of Cæsarian as the times-spirit, leaves its impress on the history Rome. To the extent that the fashion follows the of the world, and in it another spirit besides that times-spirit, it, too, is determined by law. But of the times reveals itself to us. The latter we side by side with this law, the individual inclinarecognize only where the spirit of the masses tions, whims and moods of persons and social cen

Hence the times-spirit does not fill the tres, operate very powerfully on the fashionwhole of human nature, and is not identical with persons and centres which are looked upon by the the mind or spirit of man in general. – 5. But rest of society as authorities, and in whose footneither can the changes of the times-spirit be ex steps the rest of society is accustomed to follow. plained by the play of caprice. That change is The lions and lionesses of fashion in Paris and not like the varying pictures of a revolving ka- London are not always led to their resolutions leidoscope. Rather is there an intrinsic connec and choices by the general movement of the timestion between the character of a preceding and of spirit, but are determined in great part by their a succeeding section of time; we may perceive own freedom. We know, for instance, what an organic succession of ages, and again an or kind of a personal cause it was that brought cringanic succession of phases of the times within oline into fashion; and, in men's adhesion to the the same age, which strongly reminds us of the dress coat and silk hat, we perceive not so much succession of the age-stages in the life of man. the changeableness of the times-spirit as the suThe transformation of the times-spirit, too, begins premacy of French style. — II. What, then, is with childhood, and rises to the height of youth the times-spirit, the qualities of which we have ful consciousness, to subsequently, after wise been considering? Is it really, as many suppose, work and careful preservation, sink again into the sum of individual human minds existing at a aging routine and prudent calculation, and to pre given time? When Goethe once wished to ridipare for a new revolution. In all this there is cule the false times-spirit, he wrote the well-known regularity and law, not chance and caprice. - A lines : great many modern philosophers have endeavored

"Was ihr den Geist der Zeiten nennt,

Das ist der Herren eigaer Geist." to discover this law. Hegel's endeavor to find it in the dialectic movement of the faculty of (What the gentlemen call the spirit of the times, thought necessarily failed, because human fac- is their own spirit.] --And, indeed, men frequently ulties are manifold, and because the self-con- palm off their own spirit for the times-spirit; some scious mind of thinkers does not at all always de- times they deceive themselves about it, and some termine the direction of the masses. The present times they wish to deceive others about it. But iments of Fourier and the speculation of Krause the true times-spirit is something different from


the sum of separate spirits. If it were only the alone ruled as a power superordinated over indi. sum of separate spirits, the fact that the same in. vidual men and binding individual men, the dividuals follow this current of the times-spirit world's history would be like the growth of to-day, and to-morrow perhaps an entirely oppo a plant; individual freedom would be oppressed site current, would remain entirely unexplained. | by its weight; there would be no deeds, no works Their individual inclinations and opinions remain of men peculiar, but only joint works of the gen. sometimes the same, notwithstanding they allow eral human mind. But the times-spirit is only one themselves to be carried away by the new current. of the moving forces; in the struggle with that Under the cover of their own roof, they do not force, the spirit of tradition and of traditional hesitate to give expression to their opposition to, authority asserts itself; side by side with it works and heartfelt dislike of, the course which they the special spirit of the nationality of a definite publicly pay homage to and obey. With these, people, of dynasties and families, but above all, of therefore, their change of attitude is not arbitrary. remarkable individual men. From the reciprocal It is not these gentlemen's own spirit that calls struggle and strife, action and interaction, of all forth the spirit of the times. — Moreover, if the human forces, proceed all world-historical results. times-spirit were only the sum of individual spir-But the times-spirit is one of the most important its, it would not be possible to explain why the and efficient of the forces which determine the spirit of the times is so widely propagated, and world's history. By the psychologic law of oryet seems specially powerful now in one country, dered change, which is innate, as a common facand now in another. - So, too, would remain un- | ulty, in the human race, the human race is spurred explained the intrinsic connection of the move on to gradual development and perfection, and ments of the times-spirit with one another, and the guided to its destiny. By the times-spirit, to which succession of its changes in great periods of time God has borne testimony, before the mind of from age to age, a connection and succession which man, God, with far-stretching rein, guides the extend far beyond the brief lives of individual course of the world's history, and carries humanmen, and which, therefore, can not be measured ity unceasingly forward. Once the great signifiby the standard of individual men, nor be depend cance of the times-spirit is recognized, men will ent on individual men.- Lastly, if the times-spirit revere it as something sublime, as something diwere nothing but the sum of individual minds or vinely human, and look upon those who, ever spirits, the many-sided struggle of the individual turned toward the eternal and unchangeable, put with the spirit of the times would be inconceiva- a low estimate on the changes of the times-spirit, ble; and yet that struggle is fought out frequently as short-sighted and unwise. The manifoldness by individual men with themselves and within of human life in common and the freedom of themselves, and not merely with other men. - human development, are instigated and led by But if the times-spirit be not the sum of individ- the changes of the times-spirit. — III. What, we ual minds or spirits; if, rather, there be unity in may now ask, should be the attitude of the statesits nature and development, its cause must be man toward this great intellectual power? 1. looked for only in humanity as a whole. Only First, he is obliged carefully to notice the signs of on the supposition that humanity as a unit has a the times, and to study the spirit of the times in psychic aggregate bent or aggregate disposition of which he is called to work. The question, What its own, an aggregate destiny of its own, and time is it? is always eminently important; for not therefore an aggregate development of its own, at every hour you wish, can what you wish be can the times-spirit be explained; and then it is ex. done. Everything has its time, and the man who plainable as the orderly development of the soul-life at the wrong time, whether too early or too late, of humanity. — And so it is indeed. The world's | undertakes great things, will generally succumb history is the documentary proof that there is under difficulties, and his endeavors will remain such a thing as a development of humanity, a de- without result. — Then, again, the present world velopment which progresses through great life must first answer the question, In what worldperiods in organic sequences. The world's his. period do we live? What is the fundamental tóry and the times-spirit are nearly related and character of our age? The world of our day is closely connected phenomena. The times-spirit not clear on this point. But this much, I think, accompanies the world's history in the paths of can be confidently asserted: The so-called modern its development, and exercises its unceasing influ. world-period, in which a new revolution of the ence on the shaping of that history. The gen. great wheel of the world's history is going on, eral character and spirit which, in the different has still an aspiring youthful character. Human. periods and ages of the world's history, assumed ity has not yet reached the height of its aggregate a definite form, were once, when events were life. The immeasurable results of the modern still, so to speak, in their fluid state, to a great ex sciences and the whole political movement of the tent, the spirit of the times. The world's history time bear testimony to the masculine spirit of is development behind us, development in the modern humanity, with its will to become conpast, succession that is past. The times-spirit is scious of itself, and to shape itself in freedom. the development of the human mind in the pres. Ours is a great creative age, more conscious and ent. But the times-spirit is certainly not the only more free than any former world-period. Hence, thing that determines the world's history. If it in the spirit of this our world-period, a liberal

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fundamental trait appears, one which recalls the of the times would be like the fool who despises still younger genius of the great period in the his- the winter because it calls forth no blossoms, and tory of the world which brought forth the blos- ridicules the night because it invites to repose. soms and splendor of Hellenic and Roman an The monk or the hermit may shut himself up tiquity, and one which presents a surprising con. from the spirit of the times, by withdrawing trast to the stormy and oppressive, the intellectual himself from life in common with other men; but ly less gladsome and less clear, nature of the mid- the statesman who cares to work and live among dle ages. Even in the new and most glorious men, can not. As the cautious gardener carefully world period on which humanity entered in the watches the heat and cold, dryness and moisture, year 1740, the first beginnings and first essays of and endeavors to guard his plants from the injuthe new spirit were still childishly naïve or boy. rious effects of the extreme forces of nature; and ishly boisterous. In the first age of the aufklärung as the sailor takes the winds and the waves into (enlightenment), from 1740 to 1789, a cosmopoli. consideration, the statesman must notice the movetan, philanthropic philosophy prevailed. The ments and qualities of the times-spirit, and work educated world, the first moved by the times against its disfavor. But if he will resist the curspirit, now not only turned away with contempt rent of the times, he must neither rest from labor from the middle ages, but also from the great tra nor sleep. Every place he lays open to assault ditions of the past, and raised its eyes with en will be overflooded by the hostile current of the thusiasm to the new ideals which philosophy held times-spirit; every gap that he leaves open will be up to it, and from which it expected a new order filled by it. Before he is aware of it, he is closed of things. Then it undertook in the following in, betrayed, overthrown.-3. If the times-spirit is and second age of the new world.period, in the favorable, the statesman whose direction is greatly age of the revolution, to realize the pictures of promoted by the blowing of the times-spirit, may its phantasy, and to transform the world in reality. risk much, for he will succeed in much. The But it was more successful in tearing down and time goes forward in the same direction, and the destroying the old order of the world than in boat, with a favorable wind, moves quickly and establishing the new one. The speculative school happily. If he meets with obstacles which be in which it was educated could not make up for can not for the moment overcome, he can wait. its lack of experience and of practical under. Time comes to his assistance, removes the obstacles standing. The world indeed moved forward, but in his course, or wears them out and opens the not without occasionally falling back again. At way for him. Napoleon III., even when he was a last it gave up its naïve confidence in the abstract prince, understood the great political truth, that ideas of equality and liberty; in consequence of the the man who moves with the current of his time experiments it had made, it learned how to under- | meets with success, while the statesman who swims stand history better, and to appreciate the power against it, perishes. — 4. The ideas of the times of tradition. The principle which, in this our third and the forms of the times correspond to the age, since 1840, chiefly moves minds, especially spirit of the times. Ideas are never first conceived in Europe, the principle of nationalities (see NA- and expressed by races, but always by single indi. TIONALITIES, PRINCIPLE OF) is, indeed, narrower viduals; yet ideas become ideas of the times only than the ideas of the earlier revolutionary age of when they are taken up and propagated by the the universal rights of man, but it has more his- receptive masses. Sages and philosophers antorical intrinsic value, and more formative power nounce the ideas of the future, in advance. From in it. We have not yet reached the height of their intellectual height they discover many ideas genuinely liberal development. Even our grand which operate only on future generations, earlier children will not attain it. Our entire movement than do the multitude who live in the valleys beis not yet free from violent radical currents and low them. But the practical statesman can try to precipitation; it occasionally turns about in the realize only the ideas which suit the times in which direction of the contrary extreme of absolutist he lives. It is only for these ideas of the times reaction. But we may assert with joyful certainty that he will find understanding and support among that mankind has for a century past been making men. He must guard against defending obsolete extraordinary progress, and is still making steady, ideas of the times after the manner of the romanmanly progress toward the great goal: fully de. tic school. For even if the spirit of tradition veloped humanity. – 2. The statesman should lends him some assistance, he will at most meet never put a low estimate upon or undervalue the with only momentary success. The hostile age times-spirit, not even when the current of the marches over him, and tramples his work under times is unfavorable to him and to his plans, and foot. His policy becomes ridiculous quixotism, not even when it brings to the surface, not the But it is almost more dangerous, if more laudable, highest forces of human nature, but human na for the statesman to undertake to carry out the ture's lower impulses; for the power of the times. ideas of the future before the time to carry them spirit is always great, and its movements are neces out is ripe. He will then make shipwreck on the sary to the development of humanity. Remark- rocks of stern reality, and be scoffed at as an ideal able men, indeed, go their own way, and do not, istic visionary. The true task of the statesman is like the multitude, follow every change of the the realization of the actual ideas of the times, wind. But the statesman who despises the spirit | On this depends, in large measure, the popularity

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