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Tous les autres exemplaires originaux sont filmte en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre film6s A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est fiimA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants iliustrent la mAthode. 1 2 3 1 2 3 4 5 6 DISCOURSE .V/ ON THE STUDY OK THE LAW OF NATUEE AND NATIONS nv IR JAMES MACKINTOSH, M. P.; TOGETHER WITH A COLLECTED LIST OF WORKS UPON INTERNATIONAL LAW, A SKETCH OF THE AUTHOR'S LIFE, ETC., BY J. c;. MARVIN. ....:L TO ...K. . ...u. .. ru. .o,-.. ..s OK n.K. .vuo., n ... ..o. ..u .,.: .o..u BOSTON: l» 11 A T T AND COMPANY, N(i. a2 J'oiirt f A(t iiri'oiiuir^s, jii Ilir jL'iir l.^l:l, ItV .1. <;. MAIiVlN. Ill llii' rink's (iiriic (il'llir Dislriil CiPiul olllH! Iti^tricl cil' .Miis-:u liiixll II n -i I II N : \MII.I.\V'» > M> l'Ut;N I I-)- , I Ihviiit.'llin- SI. i T f |{ E F A C E . We arc aware that the duties of a compiler, or editor of another's production, are sufliciently humble; but if, by this means, any thing truly valuable is placed within the reach of the public, no one ought to shrink from the task. This admirable " Discourse" has passed through several large editions in England, and has ever been regarded by competent judges as the most finished and profound production that has been written upon the Law of Nature and Nations. When such ornaments of the Senate and the Bench, as Pitt, CANMNr;, LoufiiinoROucin, and Story, warmly cojumend a ])roduction, it needs no farther proof of its intrinsic value and importance. The entire writings of this accomplished scholar and profound philosopher, cannot be too extensively read or highly appreciated. We have thought that it might not be inappropriate to prefix to the " Discourse" a brief Biographical Sketch of Sir James Mackintosh, and a list of scmic of the more reputable works upon International Law; hoping that these few pages, in their present form, will not be wholly beneath the attention of the general reader, or of the Legal Profession. •'• G. M. Camhridiii, 0,f ii), IS.l:l. .,V A U T TI U S , WHO HAVE VVKITTEN ri'ON TIH^ LAW OF NATUKK AM) NATIONS* The following list contains some of the anthors who have writ- ten upon international law. Though far from being complete, yet upon glancing at the succeeding pages, the reader will observe a noble array of the most profound jurists and elegant scholars ol' modern times, who have illustrated this branch of jurisprudence, so essential to be thoroughly understood by the Statesman, an. Ctalmers, George, Collection of Treaties between (Jreat Britain and other Powers. 2 vols., 8vo. London, 1790. Danzrlll, Guiscppi, Prinoipi di diritto natiirale. Palermo. Ihimonl, John, Corps uiiiversel diploinali<|ue du droit des (iens. 8 vols., folio. Amsterdam, I7"2G I VI MS'I' nl UOKKS riMiN n„iiii>, n /, I.MW uf Ni.liHiis, iiiv.-liffil.d ill II |M.iiiil;.r liiiilinrr i-v" IMiilmlilliliiii, !-(»!> t'.rlidril, I /.., Prill, iiiiii juris iN.itiiriilis lldni, h'rnUrlr, An ilistori.i.l Sketch ..f tin' Inlorimlioiiiil I'clu-y of F.ii- nipc, !is .•..iin.Tl..,l with ih.' IViii.iphs of the Luw of Njilun.^ aii.l of Nations. London, \^'2.\. RHiol, JoiiatlHin, Amcrhiin Dii.h.ni.itic Co.h-, nnhrucing a ('< Hrrtion of Tr.'alirs and Cuiiv.ntioiis hHwicii th- Viiii.'d Statrs and Forngn I'oNv.Ts, from 177r lo J.-'IM. '2 vols., tvo. Wasliiiiglon, |H:5t. r,ill.r, M , Dii . rnlhuli, nUluim, Paiuhcts ofihr Law of Nations. It... London, 1(i()t». (taJinni, Mlmtr, Dei Dov. ri d.'i I'riii.ii.i Nntraii in t.-nipo di (Jii.-rra. IT"-*. (Initilix, .Uhfricun, U.jiiiv li.lli lil.ri tr.'s. i-^vo. llanov.'r, I.V.tt*. (loiidoii, I. I., \hi .h-..il piihli.' .( "hi '« g<'"'*- I'i""^- (linithfr, C. «., Kiiro|.!Vis.h.s Volkfrr.'.lit in rri.d.'ii/.'iton, na.li Verminn Vortragcn und H.^rkoininoii. '2 vols., Hvo. I7il'i. (iiidnirr, rriii.i|)ia jiiris|irii(hntia' Natiiralis. 1710. Urollus, IliiL'o, Rights of War and T.'a.'.', with tli.' Not.s of IJarhcvrac. folio, liondon, I7;i^ Hay, (l(„nrr, \ Tivatisi- on Expatriation. Washington, 1?M. Ilay, Clforln; An Kssav on Natiiiaii/ation and Alh'giaii..'. Washington, 1(^10. Il,i„rrci„s, Kl.inciita "juris Nalurii' ct (i.'ntium. Translat.d hy Tnrnbiill. I7();<. //«;/'.« Law Journal. Vol. VJ., p. L'>0. HiMfS, Thoiniis, Licnirnta I'liihisoidiica d.' Tiv.'. Kil'i. //(.Jmrt«, O., Legal Outlines. 1 vol.,8vo. Haltinior.N 1^','1» Ichslailt, .'Ilium Tore, Elemonta Juris (ioritimn. 1740. Joiiffroii, rhemlorr, Conrs d.< Droit Nalurcl. 2 tonios, Hvo. I'aris, |h;14. Justice. nt.raHr,MU-ncxa\ Tr.-atis.' of tlio Dominion and Laws of ill.- Sea. London, I7lt."). R'cn/, .'"?«(»■, Coninientanes on Anicricau Law. Vol. L, Hyo. New York, 1-4:?. Koch, Histoiro ahri'g...' d.s Trait, s d.^ I'aix eiitro Irs I'uisances .lo 1" Luro|H', depuis la Pai.x vols., Hvo. Paris, 1'*I7. Kohkr, Ihnrij, Juris socialis m (i.'ntium ad Jus Naliira- rcvorati, fSperi- niina, 1735. Khihcr, J J , Droit .hs CJ.iis modcrnes d< 1 F.urop.;. Paris, !?*•:>(?. i INTF.IINATIUNAI, LAW VII IjUiitprrili, ft M, \)irhu> Puliliro iiiiivi iHnh; o sia ilirilto tli Nuliini u dulle (Jciiti. 4 vols., l-iiiic. iMiliini), l-ji^'H. Isiiir, On llii; liiiw ol' Nations, iVc l.rilmitz, <•■ /C, ('oilcx juris (iciitiuni (li|)in.iiiilirns. IG!I3. Lurd Oinleif, r.ssiijs on the lliji^lit ot" IVoinrty in Land, witli respect to its roundalion in tlie Law orNaliirc^ Lomlmi, IT'l. Lndoeidis, J. t'., Doctrina Juriw Nalurn; juridica tonsidcrata. (Jii.ss, l*"^"!. Mnillnnlkrf, Viscount tic, Prcciso du Droit di-s Gnis. Paris, 177.'). Martins, 0. liijmrr, Thomas, Kadera. ".'O vols., folio. London, 173."). .Sarpi, Pdola, Del Domino del Marc Adrialieo. Veiieta, l()7(). .Satin:, De Legihus et Deo Legislatore .Srhaiaa.ts, .laroli, Ccupiis juris (o'ntiuni .Xcadeiiiiciuii ICiOO Srhlrsi'l, I V It , .\n Imporliiiil l',.\Miiiiiialiiili/llill'., I>IIS r,llli)|i;ii-.i hr NiilKrIK lilt ill lirlit Itilihrni. IJcrliii, |HI7. \ liiiii h.iiii! , .liiliiis, S\ stciiiiiii-i in r (iniiiiiii-^s (lis I'liirijsclnii I'.iiriijiitiNrlit^ii \t)ll».IIT.llls, |-','(». S'luiiirl-Jii.i, ('. (i., DisiiuisiiiDiics sc|ii('iii |)roi)liMnatmii juris iiiittiriL' i>t gcn- liiiiii. I";?"'. Slim II mi I;, Dc lliiis sci'iiikIiiiii jus Niilill'ii'. Oxoii, Kifitt Sililiii, Ji'liii, .M.'iir ■ImiI'^iiiii sell dc ilnmiiKi iniiris. Silili II, Jiiliii, Kcjiirt' N. ct (i. jiixt'^ (lis('i|iliii!iiii Ilirbrn'oruni. s/iaiii, (Iniieillr, A Tr.icl on tlu' I,;i\v of Niitions, iiiul l'riiu'i]>li'!4 of Action ill .Mini. f^vi). LiiihIdii, ITTr. '^jiiiil.s, Jiiidl, l)i|iiiiiii;iii(' ('iirrc-piimlriir'c of iliti Aiufricaii Kcvolutioii. I'» vols., K\o liosioii, |.-:iii. Stonj, Josijili, Coiiiiiiiiil.iiics oil tjic t'oiilljit of l.iiws. 'J(l cil. Uoston, IH-ll. I'liijlor, I'.lc'iiiriits cil'( 'i\ il \.:\\\. Sf. TlionKi.oii.t, (.'., ruiiil.'iiiii'iitM juris Natur:)' tt liniliiMii, ('\ siiisii roiniiiuni (liiluil;i. 11)-- I'l liiiri s, /!'., S\M(i|i>is Juris (iinlimn. I(»"0. Tiind, ^ir Jiiiiit .ly l)is(|uisiiioii ot" llif I, aw of Mature. London, Kl'.t'j. Traill', (iiiti/ifit i\\- l>i|iloiiMiiii|Ui' (tar uii Amiiu .Miiiislrf. Paris, If^'.V,). Anoii\ iiioiis I'lillil, /;. ill, l,( Droit (lis ."<. It'iirilni, I). 11., Oil tiir Ori^'iii, Naturr, Progress and Intluence of (.'onsular r.staldi,liiii. iits. Paris, l>i:!. Iliinl, Itiiliiil, .\n I uir) into the I'ouiidation ;iiid lli>tory of tin; I, aw of Nalioiis ill |jir(i,ie, from the time of the (ireeKs and Koiuans, to iIm; ago idMirotius. Lcuidoli, 17'.i-". Il'iinl, lliiliirl, Treatise ii|ioii the Kiiilits and Duties of llelligereiit and Neutral Power-, in .Maritime All'airs. London, l-^Dl. /((((■/(.•.//(/(//i, Jus (onliuiii (jiiah ohiiiimrit ajuid d'ra'eos ante Ijellornin euni Pi Ifiili/ii er-i:- iresloruiii luilltiiii. ■, .'/ ./., I»i-|iiii;ilio dr utililate juris Nat lira', (iiess, J7iJ0. /( ( /.■•■/ii , .1/., (oiisideratioii- hi>t(irii|iie et di|)lomati(jue siir les Anibassadcs d. s |{ oiuains, eoniparei s :iii\ inoiieriie ISM. fl'ii/iirforl, Knihassador and liis fiinelious. folio. London, I71G. U'iiikI, Institutes of the ('i\il ami Imperial Law. ("Iiap. Ii, hoidv 'i. Utiljiiis, ('., Ihiroii I'oii, Jus (jieiitiuni methudo scieiitilica |)ertraclntuni. '.I \ols. Lranenf, 17i:t. Ulicutoii, llrnrij, l^hineiits ol" International F.,aw, with ii ykcteli of the IIi.s- tory ol tiic >eien Phila3. 1711. t.f t'oiisiiliir the l.iiw ol' S, to till! ilgli igorciit iiiiil illonim emu I7t»0. Aiiibiii-sudL'S G. [xTtriictiituui. h of the llis- It would be impossible in the necessarily liiniU d space appro- priated to this Bio^rr;i|)hical Sketch, to give a very minute account of the life of this man, so distinguished fo' I .s gcnius, and rlogant scl.. 'arship; but we must refer tiie reader who is d^siroui of pursu- ni(r the subject farther, to those works mentioned .J tlie bottom of llic page. Perhaps this sketch, though brief, in which we shall endeavor to present the prominent events of his life, and the pecu- liarities of his writings, may invite the perusal of some who cannot readily avail themselves of other resources. Sir James Mackintosh was a native of Scotland, and de- scended from an ancient family of Mackintoshes, a clan of no inconsiderable importance in the Highlands, as early as the thirteenth century. He was born at Aldourie, a small town upon the banks of Loch Ness, on the 24th of October, 1765. His 1 Tho following works liavc been consulted in the jircparation of this sUotrli. Eiicycloptcdiii Britannicii. Article .Muckintoxh. The Law Maga/.ino, vol. f^. IlallV Law Joiiriial, vol. 1. The Monthly Uevicvv, 1S;W, vol. 1. North American Review fur Ortolier, 1832. American Jurist, July, IfX'). Annual Biography and Obituary, ^S^'^. Memoirs of the Life of the Right Honorable Sir James Mackintosh, by his son. Review of the same in Quarterly Review, 1835. B '^ X SKETCH OF THE LIFE OF liUlior, ('nptain Ji)hn Mackintosh/ was a soldier for more tlian twenty years, iiaviiiu entered tlie army (juite younsr. Soon after the ^nl^ject o{' this memoir's birth, liis lallier was coniiieHed to join th«» army; and Ix-inix ahsent some eiirhl or ti-ii years, Sir James' e;ly education chietly devolved upon an exceih iil lirandmother (with whom lie anr" were the more marked characteristics of his juvenile mind ; and so jirreat was his proticiency at school, that at the aije of fifteen he was suliicieiitly advanced to enter Kinii's Collejie, at Aberdeen. While at i'ontrose, he was kindly noticed by a Mr. Mackenzie, who lent him Burnet's Commentary on the Tli'rty-nine Articles ; the perusal of which first excited that impiisitive and sj)ecnlative turn of mind that so eminently characterized him in sub.se- (pient years. lie read with peculiar earnestness the article on " Predestination," which Mackenzie annotated upon by observing that "the Bishoj) had not ^iven his own opinion u})on the subject, but appeared to be of the o])inion of the (ireek Church, from which St. Austin departed." In a short memoir of him.self, writ- ten while in India, Mackintosh alludes to this as follows: — " I was so profoundly ifjnorant of what the Greek Church was, and wlnit St. Austin's deviations were, that the mysterious majrniiicence of this phrase had an extraordinary elfect on my imairination. My boarding mistress, the schoolmaster, and the parson, were orthodo.v Calvinists. I became a warm advocate ft)r free-will, and before 1 was fourteen, I was probably the boldest heretic in the country." About this time he read Plutarch's Lives, Echard's Roman His- tory, Pope and Swift, and made his first literary effort by writing ' iMnjor MfTciT iiinkrs lionoriil)lp nHMitiiui of' iiini niid an cider l)r(>tli('r as follows: — "John Ma'kintosli was oiii' ot' the most lively, frooil-lmniorod, gallant lads I ever knew ; and lie had an elder lirollier of llie nanio ot' An- gus, who served in the regiment thai eneaniped next to ours, who was a most intelligent man, and a most Mieom|)lished genllemaii. .Mr. ."NI.'s grand- father saw liis two sons return home at the end of the sevi ii years' war, onu with a sluitturea log, and the other with tiie loss of an eye. As I'opu ,says, ' noUi calliinl liKiilii^r-; lilcil in In. net's i an>e In Untain, yet while Imiiur cauiM appliiii'je,' " SIR JAIMKS MA( KINT(>S1I. XI an Eletry upon the death of liis uncle, General Fraser. Soon after this, he conunenced a regular epic upon the defence of Cyprus by Evagoras, the materials for which he found in Rollin. Through the assistance of some friends he obtained pecuniary aid, which enabled him, in IX», to enter college, llis predilec- tion for metaphysical studies soon became apparent ; for during his first winter's residence at college, he read attentively Priestly's Insthutes of Nature and Revealed Religion, Beattie's Essay on Truth, andWarburton's Divine Legation. Among his classmates, at Aberdeen, was the celebrated Rol)ert Hall, 4o whom he became greatly attached, and between whom there subsisted, for nuuiy Jears afterwards, tlie strongest fri« ndship. Their minds were in manv respects similnr : both were disputatious and tenacious of their opinions. These tv o young men were the stars of a small tlebating dub"- that they i)riginate(l, and were " the observed of all observers." The polemic and political controversies of the day were here mooted with astonishing ability for young men yet in their teens; and .MacluiUosh, in after life, alhrmed " that he learned more from these discussions as to principles, than from all the books he ever read." In I7H-J, iMackinto>h fell violently in love with a beautiful Miss, " and exchanging Herodotus for the ladies who give their names to his books," wooed her in prose and verse, till the passion was reciprocated ; and he now begiui to lay his plans for establishing himself in the world. This devotion to the shrine of beauty, which is more or less a universal concomitant of juvenile years, seems to have materially interfered with his regular studies, since it was coiitiiined for sonu time, and as he himself s;iys, " wns during six mouths almost the only occujiation of my time." His highest am- bition was to obiam ;i professorship at Aberdeen; and for this pur- pose he solicited the inllueuce of his friends in furtherance of the object. However, bi'l'ore the close of his collegiate course, his pas- ' During' on.- ^^\u\rr, mI cnll...,., IImH .iinl .MM(lli met M livr in the nioyniiig t.. .•nnslni.' IMmIo, Xmnplioii, :ui,1 ll.rn,l„iMs. Tli>ir Mpplicaliuii .^..(•(iis to hiiv.^ .•x.-il. of snii.r of ll.o duller fort, and it \shs on.n ol.srrsr.l, ns lil.-so two lVioi.spectable Scotch parentage, and was more distinguished for her amiability and intelligence, than for her beauty or wealth. Their acciuaintance ripened into mutual esteem and afl'ection, and they were clandestinely married a few months after they first met. The friends of both parties were nnich ofl'ended at this hasty mar- riage; and Mackintosh, at the age of twenty-four, was without any regular employment, without means, and encumbered with the ex- penses of a family. lie contemplated a settlement at Bath, but for some cause, this plan was never carried into effect. Another pro- ject fitr establishing himself in the profession, was to go to St. I'etersburgh as [)hysician to his im|)erial majesty ; l>ut his pecuniary endtarrassments, his dislike of the profession, together with a fond- ness for a Lontion life, finally deterred him from going to the Con- tinent. M XIV sKF/nii nr Tnr i,irr; or About this tinu", his rallicr (lying, a HinuU paternal inheritance at Kellachic descended to iiiiii, whicii was converted into money; but so great was bis im|)rovidence in relation to pecuniary matters, that he was soon again destitute. The Regency question was now the all-absorbing topic of the day, and Mackintosh partook of the general excitement. lie made his tirst appearance as a i)olitician, by writing a pampiilet in favor of the claims of the I'rince of Wales, and seconded Kox in his ctlorts to establish that there was no dif- ference, between the then state of the .sovereign's ' health and a natural demise. Ilowtner, the parti/ans of the I'rince faihul in obtaining the ascendancy, in conserpience oi' the recovery of the kiiiii; and the pamphlet, with the defeated party, was soon forgot- ten. His taste tor politics was further evinced by the active part he took in promoting the claims of llorne Tooke to a .seat in Par- liament. I lis exertions brought him in contact with many promi- nent politicians, and he was a fre; ili'i'iiii It, M; mUiiiIiikIi wiis Inil ti) the iii\ f'slifjatiiiii ril" the siilijcrt, uliiili rcsiiltcil in nr:irl\ ('oiiiplrling a trintisi' iijii.n liis;iiiity, wlmli wms ;i(l\«'rlisc(], Iml iii'vcr priiilid. '■^ I'clrr .-111(1 ]>;iiiiil !^tii;irt, hrdllicrs <<[' his wife, Kijl>siM|iiriilly roiilrilpd the Onirli !iui\ Minniiii,' I'lisl ; llii- I'ciriiirr ii I'illitc uiid thi' iiillcr ii roxitc paprr. I'liir iiifiinii- us thai .Mac kiiitosh widto hiuh't-; \'>\r holh ihisc pa- M i(Unil(i>li was iKiw iiiliiiiati' with I" Koiiiillv, Uar- jrravc,Sir Franris liiiichll, and Charh's Fox; a imhh' roinp.-iiiv id'assdiiali': or w lioso SDiii \y liis rriiiaikahh' coUiKpiial piiwcrs rniiiMMitly qiialilicd liini. •■ llr was p.aid ill piopurilon to thf ipiantity cil" matter runirihiitcd ; ami one wci'k, his fcts nniounling to ten guineas, Mr. Itcll \n reported to iiavi; SIR JAMF.S MACKINTOSH IV liis profession for a livelihood, preferring "Coke aiid Lytlletoii to (laleii iiiid llipiH)cr!ites," and entered liis niune at liiiic.oln's Inn. In ITDO, Bnrke's ''Jitfin fioiis vpim t/ir iWnt/i l{n'olii(ion" a|)peare(l. The views pronnjljrated in tiiis masterly perfornianee, strnck terror throngliout the ranks of the friends of reform, and they were the more snrprised, coming as it tlid from that man of transcendent abilities, who had hitherto rallied heneiilh the haimer of freedom. His former friends, some of whom had strnggled with him for the amelioration of man, hy denonncing tyranny and advo- cating liberal |)rinciples, manfnlly grasped the thrown ganntlet, and prei)ared for the contest. The nnmerons replies that were made to the " llellections," evinces the sensation that it jtrodnced anKHig the friends of the French llevolnlion. The lirst antagonist that enconntered Bnrke, was Miss VVolstonecral't ; and then fol- lowed Paine,' Priestly and Price; bnt snddenly "a boll was shot from amongst the nndistinguished crowd, but with a for<'.e which siiowed the vigor of no connnon arm." In April, 17«.M , the " Vindiciir (jliiUirtr " of Mackintosh was i)ub- lished; which, for beauty of style, and (>legance of di<'lion, and for vehement and im|»assioned lan<.niagi\ may, without di>paragenienl, be compared with the '•Rrflr(tioii.<.'' - When we consider that the ''Vin(/i(i(/' was written at a time when th(> antlior's family was indisposed, and his attention was nnitually divided between it and the work; and that when a chapter was sml to tli(> press the suc- ceeding one was not written, and that it was produced by a yoniig man of twenty-six, it must ever be regarded as a most wonderful siiid, "JSo i);i]).M- I'lni stand this." Tins ('.Mlhcniin wri'U's Inlmr wiis tlic cause of Ills being limited to ;i fixed salary f'T l!ie future. ' WliiUt Paine wns jireparinfi an answer to the " Kelleetions," tin- "Rishls of .Man," he ai(ir its principles have been demonstrated to be Utopian, yet it may be said to have exerted a beneticial inlluence by showing the necessity of reforms, which have been and are still being made. .As (be book is now rather scarce, a short quotation iVoiii it limy not be inappropriate or uninteresting. The character of l.oiiis XIV^ IS thus vividly described: — " The intrusion of any jtopular voice was not likely to be tolera- li'd in the reijfu of Louis XIV.; a reian which has been so often celebrated as the zenith of warlike and literary splendor, but which has always appeared to me to be the consummation of whatever is ' .Mr. t'imiiiii): ohscrviil nC the Viiidii i;i' "tliut lie iiad road it with as null li acliiiirMliun ns he had ever tilt." '•' Till' |iiicf iiiij;iiiMll} ;ignrd to Uc paid for tlin inanuspripf, wa.H £30; h'll ii^" ilh' driiiniid I'nr ii liucaim; gnat, the imblislar generously paid liiiii tliricu iliat e^iiiii. SIR JAMl^.S MACKINTOSH XVII iidlirtiiicr and (Icprradinsr in llio history of tlie liuinaii race. 'I'alent s('('iiu"(riii that rriirii to he lohht'd of the conscious elovalioii, of the erect and iiiaidy port, which is its nol>l('st associate and its surest indication. The niihl purity of Feiudon, tlie h.fty spirit of Bos- suet, the masculine mind of Boileau, the suhliine fervor of Cor- ueiMe, were confounded l)y tlio conlasrion of ifruominious and in- discriminate servitude. It seemed as if tlic representative majesty t>f tlie genius and inteUect of man were prostrated l)e fore the shrine of a sa"iguinary and dissolute tyrant, wlio practised tlie corruption of courts without their mihiuess, and incurred the guilt of wars without their glory. His highest praise is to liave supported the stage-port of royahy with eiVcct. And it is surely dilVicult to con- ceive any character more odious aiul de.^picahle tlian that oi a puny lihertine, who, under the frown of a strumpet or a monk, issues the mandate that is to murder virtuous citizens, to desolate happv and peaceful handets, to wring agonising tears from widows ami orphans. Heroism has a .splendor that almost atones for its excesses! hut what shall we think of him, who, from the luxurious and dastardly security in which he wallows at Versailles, issues, with calm and cruel a|>athy, his orders to hutclier the pvotesiaiits of Lauguedoc, or to lay in ashes the - illages of the ralatinate ? On the recollection of such scenes, as a scholar, I hlush for the prostitution of letters; and as a man, I blush for the patience of humanity." In 1T0.">, he was admitted to the bar. A .study of the technical- ities of the law must have been sufficiently tedious to a mind accus- tomed to soar in the higher regions of philosophy, and we may well suppose, from his fondness for society and literature, that the old black-letter tomes were not very critically or frequently consulted. Yet he had a great desire for professional distinctiim, which stimu- lated him to master most o\' the miimtiin of practice. He became attached to a di-batiiig club, wher(> he made the acquaintance of Mr. Scarlett (afterwards Lord Abinger,) Lord Teuterden and oth- ers, among whom his ready elocution and powers of disputation were duly "ippreciated. He wa.- also, at this period, a cimtributor to the .Monthly lleview,' in which the following articles are known to have been from his ^^vii : — Rv\'n'\v of (iibhon's ]\li.ii<;/ifs on a Jiii^iritlr I'rart." His miiarks upon tlio latter aro imrivallcd s|H'ciiiuMis of clrvatod, dijr- iiitit'd tritici-in : wliicli was tlie caiis(> of the author's rrcciviiiji a polite invitation t'roin Uiirke to visit liini at Deaconslield. The iii> vitatioii was accepted, and these two j][reat political aiitarroiiists were in conclave lor several day^-, discnssiiitr «piestio!is upon which all Knropo was divided in opinion. It is said, that at the end of tiiree days,' Hiirke prevailed upon liiin to renounce some of the doctrines niaintaiiied in his " IV/uZ/V/V/," which Mackintosh frankly acknowledy him, to I'nrke, ahoiit this time, informs us of the estimation in which lie held this celehrated philosopher and states- man, and also contains a recantation of some of his former jiolili- cal principles. " Trom the earliest nionient of rellectioii, your Mritinjis were my chief study ami deli^xht. 'J'he instruction which they contained, is endeared to me hy heinix entwined and interwoven with the freshest and liveliest feelin;is of youth. The enlhnsiasin with which I once ciiiliraced it, is now ripened into solid conviction, by the experience and meditation of more mature ajfe. l''or a time, indeed, .«ediiced i)y the love of what ! thono;hi liherty, I ventured to oppose, without ever ceasinif to venerate, that writer who had iiiiiirislifd my iiiiderstaiidiiiLf with the most wholesome principles of political vvixlom. I s|)eak to state facts, not to Hatter; you are ahove ll.iltery : and, i)ermit iiu; to say. I am loo proud to (latter even you. iSiit I can, with triitli, atlirm that I sniiscrihe to your ;xeneral principles, and am prepared to shed my hlood in defence of the laws and <'onstitulion of my conntrv.'' ISiirke s repjiv to tins, allows us the admiration and high regard that he had for liis (|iioii(l;im antagonist. "Sir, — The very olilicrinir letter with which you have honored iiu\ is well calculated to stir up those remains of vanity that I had hoped had heen nearly extinguished in a frame approaching to the dissolution of every thing that can \W{\ that pas.sion. But, in truth, it atforded me a more solid and a more .sensihie consolation. ' Vide tilt Life lit" Miirkilllosll, liy llis Soil, vol. 1, ]). Dl, fur soiiio frag- niiiil-s ol'llic llirt'c day M coiivirsutiun. 1 SIR JAMKS IMArKINTuSII \i\ iiiul n Mis 0(1. tWir- ■iviii^ !i rriio iii- ifjonistH wliicli (Mid of of Ihc Irankly Tlio viow of ii vijjTorous mind, siil)(luin7, Mackintosh suiTered the severest of domestic calami- ties — tiie loss of his inestimable wife — to whom he pays the fol- lowing beautiful and pathetic tribute : ' "Allow me, in justice to her memory, to tell you what sue was, ami what I owed her. I was guided in my choice oidy l)v the blind alfectiou of tny youth, and might have formed a connection in which a short-lived passion would have been followed by repen- tance and disgust; but 1 found an intelligent companion, a tender frieuil, a prudent monitress, the most faithl'ul of wives, and as dear a mother as ever children had the misfortune to lose. Had I mar- ried a woman who was easy or giddy enough to have been infected by my imprudence, or who had rudely or harshly attempted to cor- rect it, I should, in either case, have been irretreviably ruined ; a fortune, in either case, would, with my habits, have been only a shorter cut to destruction. But I met a woman, who, by the ten- der management of my weaknesses, gradually corrected the most pernicious of them, and rescued me from the dominion of a degra- ding and ruinous vice. She became prudent from atTection ; and, though of the most generous nature, she was taught economy and frugality by her love for me. During the most critical period of my life, she preserved order in my affairs, from the care t)f which ' Tliia was written in a bntiT to liis frioiKl Dr. Parr, win) olistivcs, " Tliat III' never reeeived from nirirtal man, a fetter, wliieli, in imint ufeDuiiiosilion, eoulil t)e eonipareit with it. " XX sKi;r( II HI Till. 1,111. or slio rc'liovfMl 111*' : >\\r irrntlv rcclainicfl iiii" Irnm di-isipation : slic propiKfl niy wfuk and irrc-oliin' iiiitnrc : slir iirircd my iiidulciice to all » ho exertions thai have hern ii-ct'iil and iTcditahlc to me: and she wa^ |)cr|>('tiiallv at hand to admonish my htTdltv>>Mc.«.s and improvidoncc. To her I owe that I atn not a niinhe was |)lacal)le. tender, and constant : .she united the mo^^t attentive prudence, the most (."'ueroiH ;iiid gudeless nature, with a spirit that tlisdained the sliadow ot' mean- ness, and with the kindest and most honest heart. Such was siie whom 1 have lost : and I have |o>t her when her excellent natural sense wa.s rapidly improvinix, and moiddiuir our tempers to each other; when a kiiowledire of her worth liad refined my youthful love into friend>hip, before af \( KINTOSII \\l She Iciicc me : a Mil o luT I' t'tir ' my f l>iit tlirsc WlTf tttiit ; I- and incaii- is .-lu' atiiral cacli Xltllt'lll s oritr- part- IOC t of a f his suhjeet, like his (jreat pre- decessors (jrotiu> and Pulfendorl", lie extracted the jfreat ijovernini^ principles — the pliilo^uphy — t'rom the mass of undi<;ested learniiifr, an coiifirmoti wliat was donhtful : end)ellish- eil what was dry; and illustratetes, relying upon his great fund of le irniiig for ampliticatioii and illu.stration. Hazlitt has left us an exceedingly graphic sketch of the lecturer and the lectures; " In these lectures he showed greater confidence and was more than usual at home. The etfect was more electrical and instantaneous; and this elicited a i)rouder display of intellec- tual riches, and a more animated and imposing mode of delivery. He grew wanton with success. Dazzling others with the brilliancy ' III wiiliiig til a fiiciiil, 111' «;i\s, "A- Id piililiciliull, lliiit is ;i ii>all<'r, wliirli, it' it cvrr liiki"i jiliiic, } I'll iinii-t wmIi ,i Imig tiiin; ; scvi'i'al y<:nr.-» will be nt'cussiiry to digi'st and iiiijirovi: the wurk." X\ll sKF.Tcsj or Tiir. i.iir. or (if Ills aciiuircmcnt-i, (l;r//lo wliitl' and wiiiil ol" his tell doctrine,' as il' it had hciii a pack of rards. 'I'lic volcano tit' ihf I'rcnili Ucvoliitioii was seen cxpirinj^ in its own llaincs, like a Ixinlirc made ol" straw. 'I'lic principles of retoriii were scattereil in all direciiiuis, like cliatV het'ore the keen iiortlierii lilasl. lie laid aliont luiii like one inspired: iiolinii^ conid with- stand Ins envenomed tooth. Like some savai^o l)ea.st jjot into tiie •garden of the tahled llesp(>rides, he made clear work of it, root and hranch: with white foamiiiir tusks, ' f.iiiil w.isii' the Ixprilcr-, ami o'crllirrw tiii' liowrrs.' The havoc u.i-; ama/iii'i, tlu' de.-olation was coiiipleto. As to our visionary sceptics ami philosopliers, they stood no chance with onr lectnrer: he did not 'carve them as a dish lit for the gont tuo or three iV.iLrmeiils preserved from his iiiipiihlished Lectures, which, I doiilit not, will lie <|uite acceptable to the reader, ami we tluret'ore |ireseiil them: — '• In the examiintioii of laws, I .■d in his sjiirit, I shall, throii^rhout these lectures, labor with all ly might to |)rove that plulo.sophical truth is, in reality, the foun- lation of civil and moral prudence. In the execution of this ta.sk, I tru.st I shall be able to avoid all obscurity of language. Jargon 1 SMI JA.MI.S MACKINTOSH. XXIIl is not |)hih)sophy : tliniiiih lie who first nssmncd llio iiuiiu' of plii- losoplicr, is s;ii(i ity Liiciiiii to liiivc cimrcsscd lliiit he iii;i(!<' liis tlortriiirs woiidcrrul, to attract the admiration ditlic vMJjjfar. You will, I hope, prcl'.T the taste of a irrciitcr than l*vllian:oras ; of wlioin it was said, 'that it was his course to uiaUc wonders |)lain, not plain things wonderful.' " In another fragment, he thus descrihos the coiniection of a classi- cal education w itii morals ; and w iio can read this elo(|nent and just encomium upon the writers of ancient times, without perceiv- inif tlie correctness of his |)ositions ? " I am not one of tlios(! who think, tii;it in the sy-teni of liUirlish education, too nun-li time and lulmr are employed in llie study «)f the ian^fuaifcs of (ircece and llonii': it is a popular, hut in my huud)le opinion, a very shallow and \id;xar objection. It would he easv, I think, (o prove th;U too iiiuch tiuu; can he scarcely em|)loy- ed on these laniiua;L;e.s by any nation which is desirous of i>res(>r\- iiiij either that juirity of taste, whicii is its briirlilest ornauu nl, or that puriiv of morals, whuh is its strou;i<'st bidwark. " Von niav .le sure, ucntlemen, that i am not fzoiuil '<> wa.ste your time by e\p:mdiui.f the conuuon-places of paneijyric on classi- cal leiiruins have heeii the oliject of human veneration. Strip virtue of the awful authority uhieli sh(> derives irom llie treneral reverence of maiikiiid. and you roh her of half her majesty. Modern charac- ter never could animate youth to nohle exertions of duty and of ijeniiis, hv the example of that durahle irlory which awaits tlieiii after death: and which, in the case of the illustrious ancients, they see has survi\((l the sul)\c'rsiou of empires, and even tiie extinction of nations. Modern men ar(> too near, and too familiar, to inspire that enthusiasm with which we must view those who are t«) he our models in virtue. WIumi our fancy would exalt them to the level of our temporary admiration, it is ])erpetuallv checked hy some trivial circumstance, by some mean association, j)erhai)s hy some ludicrous recollection, whnh damps and extiiiifuishes our enthusi- asm. 'J'licv liiul the same manners which we see every day de- grailed i)y ordinary and vicious men; tliev spoke tlu' language which we hear polluted hy the use of the ignorant and the vulii'ir. Rut ancit'nt sagres and patri()ts, are. as it were, exalted by ditVerence of language and manners, above every thing that i.s familiar, and low, and debasing. And if there be something in ancient examples not fit to be imitaie<|, or even to be a|)proved in modern times, yet, let it be recollected, that distance not only add.s to their authoritv, but softens their fierceiies \V lien we contem- plate them at such a distance, the ferocity i> lo magna- iiiniity only reaches us. 'I'liese iiobli> studies jireserve, and they only can j^reserve, the unbroken chain of learning which unites the most renioie aener.ition? the (rrand catholic communion of wi^ dom and wise men throughout all age-< and nations of the world, ' If,' says Lord IJ.icoii, ' the intention of the -^hip was thought so noble, which carrieth rirlies and commodities from place to place. d consociateth the ino^t remote reinon-i ui i)arti<'i!)ation o f tl leir an fruits, how much more arc letters to be inaif|iitietant, par- ticipati' of ihe wixlom, illununation^, and mvrnlions, the one inspire I) 1)0 our ll\e level l)y some by some eiithiisi- ,■ (lay (le- hiiiifuage and the xalted by (T that is cthinor in proved in only adds ^ contem- 10 n\a^na- , and they unites the [)n of wis- tlio worhl. ihoiifiht so '(■ to plaoe, >n of their h, as ships, liMaiit, par- Uie one of il not seem and divine 1 be broken and intercoiHed: the hinnan race will ho rof'.acod to the scanty stock of their own aijo, unless the latest generations are united to the eirliest, by an early and iiitinialo knowlodifo of their langnatio and their literature. From the exiicrioiico of former times, 1 will venture to predict, that no man will over obtain lasting fame in Icarniuir, who is not onlightonod by the knowlodnro, and ins|)ired by the ir»>nius of those who have gone before hnn. Unt if this he true in other sciences, il is (on thousand times more evident in the sci(Micc ot' morals. " In I7«H, Mackintosh urn-riod a second time, and seems to have been (^(piallv as fortunate in hi- second as in his first choice. 'I'lie r( filiation that lie ac(inire(l bv delivering his Lectures, was of i.rroat asM-tanc(> to Inni m pru.'uriug l>ractice; " and ho was fre- ,|iirMtlv employed in arguing .luesUons of international law botWre ('oiiimitlc-s of the House of ("onuuons. One of his most distin- guished .■If.rls. as an a.l.ocate, w; s liial made m defence of Peltier, 'rhis man lb'. I from I'raiieo during the stormy times of lIU-,;, and sui.p(-ited himself in (.ondou by |)ublisliiiig a pajKH- cd i; Ambigu. In the fuvl number of tins paper, was an ode .llrctingpretiy severely up-m Bonaparte: and alius instigation an action was brcughi against the editor, who employe.l .Miickiiitosli ,„aefen under- take the iler,'iice : and upon that ..cra-ion deliviTod a discourse lliat fullv sustained bi> alr.'ady enviable reputation, and which must ,.v<'r umiii.-tiouablv remain as one of the fme.l y.sir at lli.' I.ar, ,„„| I,.. u„. „nl^ . |,nM rui.mrr mv.'M n-'iu-s) his \vv. an.o.nUc.l to ...or., than Cl-Jiin. ■-■ Si.' Williani S.nti sai.l "lluaoli,' inn.t hi'lllia.il s|mmm'Ii ,-vcv u.a.l.. at I,,, „, ,„ ,;,,,„M. tlr.kn,., n, s,M.aK,n^ m'u, -av>, - I shall aivvavs .nnsnl-r „ ,,. , ,r,h,. iiiM.t -i.ini.li.l .11... Mis ■.!•;;,. nil., hai.mits aii.l .1..- XXVI .sKirrtii (»r Tin; liie of liiU'il into Kroiicli by Mii(l;iiiic tli' Stiiiil : ' which cxtondetl the re- liuiiiuon ot" .Mai'UiMfosli. already I'avoraltly known, throiitrhtmt Eiiropo. Ho htiwcMT lost tlic ca^c, and his rlinit was convicted, Tlic extensive knowledire of international law, shown hy Mack- intosli in Ins Lectures, their hrilliaiit success, and Ids ahilities as an able and I'earle-^ advocate, e\ inced at the trial of Peltier, and npon otiier occasions, attracted the attention of (.iovornnient : and he w;is reirarded as a suiiahle individual to iill some one of the iuiih Colonial otiiccs. Accordinyls , in I^'IKJ, ho was appointed llecorder of IJoinhay : and n|)oii assuming tlie judicial rohe, re- ceived the honor ol knighthood. Two considerations induced him to accept this appointment: the one, in order that he ndtfht accii- tnnlati- a competency for his somewhat numerous fandly, and the other, that he luiLiht pro-ecute his literary jjiirsuits less unintt'rrnpt- edlv than at h( ine, amidst political excitements, 'I'JU' year fol- low ni^r his ap|i('intnient. he set out lor India, accompanied hy his family, " multa et preclara minans of Icfral, philosophical, and his- torical works." Dnrinir ii residence id' ei^dit years in the I'last, ho produced no work of any unseat size : yet we are not to infer from this that he was inactive or indolent, \either did he extend his researches into Oriental literature, as his nrvM prodocossor, Sir V\ illiam Jones, had done : lint spent his leisure moments in r<'adin(f and { xauiininL' historical and metaphysical works, the results of which, in subsequent years, he, in part, ^rave to the worhl in Ins Ahridirod Ifistorv ot' ilni.dand, and ni a Dissertation upon the Pro- trress of Kthical I'hilo.-ophy. I.iinl I'.l]i'iili(inin;;li, in lii.-< rliar^'c tu tjji' jury, [ironounci'd it to lllc lllll^I ( liMIl Milt uialinii hr li.iil t V I'l Inaril. .Ma 1 si inmilic II rnlilr liaiis la riMiliiti"ii cniilrc lis iiil'aiis, Irs \ Ifillurds, ct !,■. I'. riniiiis. ii ijii! sr jiln siir la lie rirr ilii I iirsi.j ijiii im ra\itjiis(|ii a la iiiiiiiiilii' pari ill' ri 111' lilii 111- |iiiiir lai|iiidli' il -r |ir('ti'iidiiit ariiiu. Cr iiior- irall ill' la jiliis liclli' <'liii{lii In r nirllllll {llsi|ir all liinil dr I, 'mil', I, is n|M rii 1,1- |ii in ml ■|iiiIi|ih I'ois. ,i linr ln~rii, soiila^jiT Irs iiiliirtii- I I'l'U ilMI - Ill's, ilaii- liMi. Il ~ |ia\-. I I ilaiis (mis jis linijps la I' tais,'iil si |i I'liiidi'iiii'iit .iiiliinr ill' I Mill, ipii' ri'lti \iii\, ijiii' tiinl :i I'll <;i ri'|iiit ictc'd. Muck- itics as lor, and It : and of the pointed l)e, ro- ced liini lit afcii- aiid tlic nterni|)t- year I'ol- ed l)y liis and liis- I'-ast, he lifer tVoin •xteiid liis :essor, Sir II reading results of rid in liis n tlic I'ro- oiiliLi'tl it to iill'ordi'il lirl |iliiiilii_\ir tit! Jiicdiiiii, (|ilo \ ilillilllls, ct it jusi|ir a Im |6. ('(' IIMH- rfiiiic. I.I s r lis iiilnrlii- :iisiiil si |(ri)- lllllllit H lllllll ilin." — />" Having learned the Cierinan niul Italian languages, during Ins residence aliroad, he read most of the i]ieta|)liysicai works in the (briiier, and many of the poets and hetter ])rose writers in the latter : besides all of the new readable hooks of England and France. He had also an extensive eorresi)oiiden<'e with men of let- ters, at home, and on the Continent ; which, together with his judi- cial duties, occupied the greater i)art of his time. He sustained, while abroad, his high reputation as a scholar, and the ciiaracter of an upright and fearless judge. He was at great pains to inform him- self of the (teciiliarities of the |icople among whom he was ])lace(l to ndiiiinister justice; and in his opening address to the jury of l5om- bay, " he compared himsell" to a newly appoiiiK d physician in a hospital, who would fust examine the bo«d\s of the establishnient, in order to make himself acquainted with the complaints that were most fretpiently to call for cure.'' "The prevalence of perjury is, ])erliaps, a more certain sign of the dissolution of moral principle, tlian other more daring and ferocious crimes, more terrible to the imagination : and of which, the immediate C(m-;e(piences are more destructive' to society. INr- jurv indicates the absence of all the common restraints which with- hold me!i from crimes. It su|)poses the absence of all feiir of human justice, and bids deliaiice also to all human laws; it supjioses also, either a contemi)t for jtublic opinion, or, what is worse, a state of society whicli lias ceased to brand with disgrace actions that ought to be infamous; it is an attack on religion and law in the very |)oint of their union." A ca.'^i' of perjury very soon occurring, he gave the natives an earnest of what his future course would be, relative to tiiis crime, ('poll a trial of two individuals for murder, an Indian woman was the principal witness, and her testimony before the coroner was directly contradictory to that snlisetpieutly given. During the trial, the Court asked her ''if she ihought there was any harm in false swearinir !'■ she re|)lied "that she had uiiil(>rstoo(l the Miiglish had a L^real horror of it, i)ut that there was no such horror in iter <'oiiii- trv." She was sentenced to liv(^ yciirs im|)risoum(>nt ; during which period, she had to stand once a year in the pillory, in front of the coiirt-hoiis(>, with laiiels on her breast and back, explanatory of the crime of which she had ln-eii guilty, and of the resolution of the Court to ado|)l the most rigorous means for the extirpation of this olTence XXVIll sKF,T( II OF Tin: Mir. or Sir Jaiiips' policy, at Roinhay, wa?; to aiiiolioratc llio rii^'ors ol" tlu' law: and a judicial f\|)ciic'iici' ol" seven years, proved that tlie plan worked well, altlioii^li lie has l)e(>n censured tor ho- in^f too lenii'iii in the lollnwiMr ca.-e : — 'I'wo native ollicers had a^'recd to waylay and as.-anlt t wo Diiichiiien : and their prohahio iiileniion was to connnit nuinliT. The |>risoners, i\peclin inllicled here. I thndi. it is likely to contniue so: i'or I have more confidence in the certainty, than in the f |)inilshment. I conceive it to be the first duly ol' a crinunal jndu:e. to cM-rt and lo strain every fac- ulty of his mind to discover, in every case, the smallest possible (pianlity of pimislmu'nt that may be eiU'Ctual for the ends of amendiuent and example. I consider every panir of the criminal, not necessary tor these objects, as a crmie in the judj;e. 1 was employed (addressiiiix himself to tin- ciil|)rils,) in considering the mildest |nd<.niieiit which |iublic aiu(' nature. I was credibly, or rather cert.iinlv iiilonued. ill. it \ou had .■nlmitted into \oiir minds the ile>per;!(e |iro|(Ct of dotrouiiLi voiir own li\e> at the bar where you siainl. .'iiid of sii.niali/.niL' voiir >uicide by the |)re\ ions destruc- tion of at least one ot vour jiidiic;- If thai murderous project had lu'eii ( xeculed, I should li;ive been tin fu>t Mntisli iiia;;i>trale who vwr stiiined with hi> bli;od tlie bench on which he sat lo adminis- ter jiisiici'. iJnt I could iie\er have died better, than in the dis- char^re of my duty. When I iicce|ited the otlice of a minister ot' pistice, I knew that I ou^llt to de-|>ise nii|)opiilarily and sl.uider, and even death itself. 'riiaiiL (iod, | do desi)ise them: and I sol- enmlv as.-ure \ou, that I feel more compassion for the ^loom\ and desperate si, lie of mind which could harbor such projects, than re- sentiiient for that part of tlieui Inch w.is directed airainsi invself I should consider myself as mdeliblv dis:_rraced, if ti llion^lit of \oiir firojects a^^ainst me were to inlliiein c my jndtrmeiil." Th ■V were sentenced to tueUe nionlhs imprisonment. SIU JAMMS IVl ACKINTOSII XXIX rigors ot , |)rove»l (1 lor 1)0- iccrs had pr;)l)al)lo iiiif to ro- ll kui\('s, ititm was I to iiiako Histily tlio I lioro. I lu'c in tlio vo it to 1)0 cvory lac- st possiljlo ends ot" (• criniiiial, ire. 1 was idfriiiii tlio proiiouuoo , tliat your as orodihiy, your iiiiiitls i" l);\r whoro .)\is tli'stnii-- jiidici't liail ^islralc who lo lulminis- 1 in the Conrls of Common liaw assort. Diirinir his residence in the Ivisl, he loiinded the Homhay liiterury Society; made several valuahle comiiiimications to the Asiatic llejfister ; and assisted IJiKdiauan in his vahiahle work upon India. In 1^1 I, on accoimt of indisposition, he obtained permission to retnrn to iMitrlaml; without having; liiliy attained the acc,omi>lishment of either of the desi^nis tor which he accepted the judffesliip. He however received iVom the Mast India Companv a ])ension of XVZW) a year, and was ai)poinied Professor of Law and General J'olily, in the KasI India Colieire, ar Lon- don. \n l^^l:?, he obtained a seat in Parliament : and conlinned to represent here varions boronirhs dnrintr tlie remainder of his life. In ihe Honse, he nsnally voted with the Whius, but was never an nltra party-man. On (jnestions of Foreiiiii I'olicy and Inleniational I,aw, on the Alien Bill, on the Liberty of llie I'ress, on Keiiir- lons Toleration, on the Slave Trade, on Ueform in Parliament, on till" KiLdit of the Colonies to Self-CJovernmcnI. Sir .lames took an active and eiliciciit part : and was always found supporlin^r thai side which most favored t lie progress of liberal principles. ci\ili/alion .-md happiness. A reform in the Criminal Law was a subject he had loiiir meditated upon: and uniformly advocaied its necessity with hi- L'reat comi)eer. Sir Samuel llomilly. I'pon the death of the. hitter, this branch of Le«ial Reform devolved upon Sir .lames; anil as chairm.m of a coimnittoe of the House of Commons, he in- troduced several bills which succeeded in erasiuij; from the statnle- hook seven oiVences that had ])reviously been punished with death. The followinix extract from one ol' his speeches, shows the com|)re- hensive and enlanrod views that he had upon the subji'd. " If a foreigner were to form his estimate «)f th(> people of Ln<];- land from a consideration i>f their penal code,- ho woidd undoid)t,- ' Whil.' Prof.ssor ill this de(l to wreak veii^'eance upon the hodies of the inanimate dead. if the same |iers(in were told tiiat we W('r(> tiie same nation which had liccn the lirst to iswr full piii>licity t() every part of our indicia! svsli in ; lint \\v were the same nation wiiicli had estah- li>lied ihe trial hy jnry : uhi<'h, blamahie as it mii.'lit he in theory, wa.- su iii\aliiahle in practice: that we were the same nation which hail I'oiiml mil ilie (rrentot seciirilv which had ever been devised for indi\idnal liliertv, the writ of habeas corpus, as settled by the Act of Charles II. ; that we were the same nation which iiad discov- ereil the full blessiiiirs of a represeniative government, and which had endeavored to dilfiise them lhroiiu;hont every p^irt of onr free ein|»ire, he would wonder at 'h ■ straiiLfe anomalies of linmaii nature, winch could unite things that were, in themselves, so totally iiicnnipatii)le," One of his late speiMJies was upon a Hill relative to anatomical dissections; upon which so much sickly sentiment exists in the world. 'The enliuhteiied reader anii'it fail to coincide with llie views that Sir .lames takes in the followinir e.MracI, as well as admire the earnestness witii wliicli lie advocates the necessity of facilitatinir, rather than impediiiir anatomical investiLrations. " Allow m<> to illustr.iie, by an imairinarv case, tlie opposite elVei'ts of conliimiiii.' to bar up, and of trvinif to widen, tli(> only ac- cess to aiialomical knowli^dire. li'wtwere told, that in some desert reiridii of Central Africa, it was the practice of a tribe of .savapes to put to death, anniiallv, a certain inimber of their own sick and Wdiiiided, we should surely listen to the siory with a hope to find it false. Ibit if it were added, that these murders were perpetrated, not by the instantaneous imd merciful operation of the sword, the pistol, or the a\e, but by a lin^jferiiiif torture for months or years, we should require the stronircst evidence to induce lis ever to lis- ten to such a charge a^fainst cannibals themselves. If we were told II v; ri w SIR JAIMKS MACKlM'Ufil. xxxi tlitil \vc wore nursclvoH chiirgoiiblc with eoii at home. Let us not sui- ter ourselves to be paid in words, which, as was sharply and sagely said, ' are the counters of wise men, and the money of tools.' What is the substantial dilVerencc between the supposed barbarity in Africa, and the legal impediments to anatomy in Great Britain ? In proportion to every degree in which anatomy declines, iuid med- icine sinks, an adilitional nnnd)er of human lives must be cut siiort. If the healing arts preserve life, their decay nuist destroy it. That their iMi|irovement has contribute*! to that prolongation of its ave- rage duration, wiiich has taken place during the last half century, is what nobody but the most extravagant dealers in ct)iinnon-place. paradox will venture to dispute. The main length of life chieHy dei)eiids on the treiituuMit of children; and the decline «)f medicnl science, must be attended, in its very beginning, by a real, though not iiomnial, massacre of infants. U', imleed, it were to kill at a blow, it might be a l)lessing to many. But its victims will die so slowly, none can call it murder. The bungling surgeon will make his instrument a meiins of more cruelty than the tomahawk ; the ignorant physician will kill only by the protracted torture of disease. Let every man who calls out law, or prc'judice, against dissection, consider whetiier he does not do his utmost to abate the means of lengthening life; and, (what is far more iini)ortant,) of alleviating misery. Let him deeply reflect, whether an inconsiderate word may not make an orphan ; and an intlamatory sentence may not cause unspeakable anguish to hundreds. What a fearful responsi- bility of other countries, hy which, while tlie nohl'- science of ;uiatomv, and the lieneficent arts of med- icine and -^urLferv are |)ics(-rved ainonif ns, the alarms of atlectioii mav lie iii)peased, and the .-anctuary of the jfrave remlered more Miviolalije. 1 helieve that a plan may he found, which will spare tiie feeiinixs of every known or discoverahle person : and I conceive that to re(inire more, would he lantastic extravaifance. I helieve, witli ei|ual confidence, that if th-ie_f-< l^'* on as they now threaten, we shall clo-c the ix'tler part of the m(e scan- tilv supplied hv tint svsteni of cl iiidesline and contrahand disinter- iiiiMit. which sliocUs the lieirl ol' tin' iiioiii-iier, degrades science, as well as renders its |irol"ession odious, iind hecoiiies, like snuiif- vdiiiLT and |)oacliiiitj', a ^cllo■)| in which men are lilted for the worst crimes.'' {•'or mauv vear<, In- had hcen colleciin^r material-' for !i history of l'!iii:laiid : and -liortly .liirr hi- return from India, he announced III the pnlilic his intention of writing' tln' -ame, and solicited access to jtuhlic and pri\ate lilirarie-, which was readil\ L^ranled. For this purpose, also, he \isited the ( 'oiit'iieul, and olitained a mass of information, whieh. uii(|u<'-ii()uaM\ , in his hand-, if his attention had not hecn directed to too many oiijects, would have heen wrou:iht into the mn-t philosu|)liic and valuable history tlnit tlio worhl had ever seen.' His fondness for society, !iou('\er, in which lie j)re-emineiitiy shone, his attention to politics and ^(Miera! litera- ture. euL'ro-sed so much of his life, that he went to his irra\(' with vast |iroiecis half accompli-hi'd. He liowc\er made an ahridnment ol" his lii-tory, in two \olume<. which may he found in Gardner's < yclopadia : tri\iiiu us a foretaste of what he wa- capable of iloinij as a historian. His ohject, he informs us, m the two puhlished vol- umes, '" was to ;ri\(. all the information \\liicli men of dilVerent pur- suits, and of little lei-iire, mav think ii ncces-arv to have always within their reach ;'' and he verv niodistly stvles the work a Manual. ' Till' fdllii lion (.(' iiiiiiri.il-j ror liis ::rr( at liislorii'Ml wnik, aiiiiumtcd, iit III- ilialii, 111 tilu rii,iiiii~i lijil snliiiiK's mi (1 ilM ric ire; iiil tlio frii Wi r.ir fir.i .-Iri ml S0( SIR JAMLS MACIClM'OSll XXXUI Hut witli scovor wliicli, it" iiumI- Vcctioii 1 more I sparer Diiccive hfliove, ircatoii, I ill the If scaii- lisiiitor- ('ii<"(>, as t> suMiii;- he worst a liistory inoiiiict'd •ri(l;imeii1 Lariliier's (• ol' (loinif ilislied vol- I'crent ]Mir- ive always L a Manual. immmttd, :it Tins aljridirnient lias trreat merits, and nmst ninaiii a standard work ni)()n that |)orlion of I'iiiLrlish history of which it treats.' He was a l)relty reiridar c()n(ril)utor to tlie Kdinhurifh ami Monthly Reviews, and fnrni>hed a Dissertation upon Kthical lMiiloso|)hy for the l''ncyclo|)a'dia Britannica. In addition to the works that have been mentioned, he wrote a life of Sir Thomas More ; Fragment of the History of the Kevolntion of hiSS ; which, together with his speeches in Parliament, comprise the greater part of his works. Mackintosh has heeii censured liy some, for his indolence, and for havinir produced so little; as though cpiantity was the criterion hy wlii care, and infused the soul of true philosophy, like luiii, into tiuir productions, there would doubtless be many authors of neglected or forirottcu tomes, who would now be an honor to their country, and a blessing 1o the world. As a writer, Mackintosh has less originality than many; but mt (iu(; was ever lieiter endowed than he, with the faculty of abstrac- ting from the mass of human learning, everything that could eluci- date or beautify whatever subject he undertook. The transforma- tion thai the maierial underwent in the laboratory of his mind, was like that of the precious metals, in shajx-less masses carried into a mint, and coming forth correctly weighed, and beautifully stamped. He had ext.Mided Ins rer-earches into every field, both ancient and ' "\Vi- find in it thr .liligi'in'o, llic acfurin'v, .-md llir iiulgiiifnl nf Hiil- linu, iinitid In llic vivruity ^nd tlic cdloriiig of SoiUlicv. A History of tliiglnliil, wriltcn llimiiglioiit, in this iiiannor, woiihl In- llic most tiisciniiliiig linok ill tlu' langiiiigc ; it would hv iiiori> in rfMjiKjst at the circiiiatiiig libra- rios thiiu ilii hisi nov.l. Aliuosi all tho distiiignislifd writers, who have iicalcd of r.iigh^h hi>toiy, ;ni' iidv(.e likcK, coti>idering the inMmi:il :uid popular ohjecl of the work, to rarrv olV more sound niid pleasant imjiressioii>.' — liuhnr. "1 ihink the History a nohle one; perhaps I never read one with equal gratificMli.u. The author knows on what part of liistory to throw the >lrongesl light ' he pulges pa.^1 age-^ with dist rnnination and candor, enters mio Uieir spirit, an.l knows llii' signilicauce and actions in ditferent singes in sociply. " — i'hanmnii K X.WIV s^Ki r( II oi riii: uii; oi' iiindcrii. of |iliil<>s(i|iliv, piuMrv anil liistury : .iikI rruiii racli liater liv deen icllcction, and s tudt <|iii'stions beyond tlie calibre of ordmar\ mind-. Such a talent, as .hi>, i'\ery .-eiisible man woubl aim to ac(|ni re 'I'l li-^ is the kind of SI I! J X.Ml.S >I MKIN'InSII XXXV hiMl II tlir •sirrd •liif^sie fOIII- liacl and with It, tliat Durt iA' lali'iit that Hiirkc «lis|ilay(il hrti.rc a |ii)rtinii ot' tli<' House nt' Cuiiiiiioiis, wliilc tlic aliiiiciitativc part ul" liis associates toiiiid it more a^rrcoalilc to lie al)s('iit. Tiiis is the kind of talent tliat |{roiiifliaiii displayeil in some of liis |)rn|°(iiiiid speeelies, amidst tlic coiiiilis and noise of the sem-eless |)art ol' tlie llniise, who hroiirrlu no otlier <[naliliciitioii for M. 1*., than tiie inihiencc of some landed aristocrat. As a motaphysician, Mackintosh liad, it is trne, some views pe- culiar to himself; and what writer n|)on morals and metaphysics has not had, upon this most unsettled of all hranchesof human learninir ?' Krom the days of Aristotle, to the present time, no one sect, or wri- K^r, Ins heeii so comphtely orthodox, but that some have seceded iVoiii him : and tiie most canonical writer in one nsro, is entirely iliscarded in the next. Of this much, we are certain, that he ha> treated with *'t at (hiint>r, hr •^wallowed a small rra;,Mncnt : whii'li, with soiiit' (lillKMltv was removed: |irudii«-in >ii|)eriii(hii'ed an iiillammatioii, that siilise(|ueiitlv ('Mended lo lh(> \( rtel)ra' of the neek ; orcasionin^ severe pains in his In ad, shoulders and linihs, and eom|>letely nn- seitlitiii liis jieneral health: which he never rciraiiied. A few days liefore his death, the pains ceased: and upon May IlO, |s:W, lie died, surrounded hv anxious friends, and in the possession of all his I'iK'iilties: lirmly helievinix in a h:i|)pier and a lietter weeraire ; ' by wlioso fau!t> let u^ protit. and wlm~e siijierior excellence let us strive to uintale. ' Mis (li Mill wMs iiiiiv I i-.'illv iliplcirid .It liuiiic mill iImmukI — " I,' Anjrlf- tcrrc a {iirdii iin \i iimiix iiiomii . I;i liicriiltin' iin liisturiin |irrin:itriir rcl.-ijn'' ; li- |i.'irl<'iii(Mit nil oratcur dont I' i'l>ii|Ui'n<'c i'Iii|)|iiiiImiI t(iiit< -:: r^i'io it hi raisnn ii a |u iiisti''o ; r hiiiiKuiili' rnfiii mi tlilrnsiMii /.tic ilc s's (linJN <1 (Ic scs intcrels II i'liiit ''ininnnmrni Anplnis pnr son pnlrinti^mr, rt cnsmdimlitc jiar 1' nlismcp ilcs prrjiigcn nnlionniiv." — .■? /I' Srhlr^rl i SrEKCIIES, &f!., OF SIR J.VMKS )1.\('R1XT()SII. Tlio follow injT aro soino ot'llic Foroiisic, ['iirliaiiiciitJiry, I.itorary, IMiiln>(.|)lii(nl and Historical Works ol' Sik .l\.\ir,s Mackini'osii : A l'iiiii|plilri nn ilir Kc'^'iMiv (lnt'sl ii in, I7~'.'. X'illilic'iM' (i;illii;i', I vol. -VIP., IT'.M. l.ifi' lit' Sir 'rimmiis Mi'tv, (in llif lirsl mpIiiihc hI" " 'I'ln' Mvcs tA' r.rilisli StillCSIIICII. ') Di^^irtiilinri III! tlir i'roarcss nf l",tirn;il I'liilip^opjiy. Aliriil'irii lli-loiy ol" l'.ii!.'l:iinl, "2 vols. I'r;ij;iii(in ul'ilic lli-ilory ( f llir Revolution of l(;-~, (a ]instlnnnniM iinlili- lation.) A DiscdurHc on llic vStiuly orHic Law of N:iinri' ami N'.itioiH. 'rii(> lollowiiiff contrittiitioiis to the Edinbiirgli Ktrlnr : — Vol.. "J'.', Kixiiw of llic PoiMis of Rojri'rs. " " " of Miidiiuir (Ic Siac'l's "D(' L"All('niagni'." " "iJ, Ri'llrctions on rriiinc. " •,'•">, Rcviiw of VV'ra.\iiirs Memoirs. " ti7, (.'liaraclrr of Lord Uiicon. " 'M, All Arliile niion I'MrliMinentiiry Riform. " :!(», Review of Slevv.irt'.-J Diseonrse on the Trngress of IMetriiiliysiriil Seienee. Ill the Moiithhl lirrinr : — Vol 'J(t, Review of fiihhons Miscellaneous Writings. u II " of Roseoe's Life of Lorenzo «lo ASediei. u Of, '• (d"t!ie 'i'lioughts on a Regieide IVaee Traiisaclioiis of Tin Lifirtirif Soriifi/ of Bombay : — Vol.. I, A r)iseonr-;e licfore tlie Lilernrv Society of Rondmv " " roiiil>ar;itive Voc-diniary of Indinn l,angu;iges Several iirtirles in the .hiiitic Uriristrr. Charactpr of Mr running, in Thr Krep^nUr, for l.'^'^^*. ,,..i,i s,M:.:n.rs<>F..wJA^n>>'^*^'^'^'''*^'^" r,;;;::™':;.';;:^.- >«. ""^""^- -■ S,u.,.,l, loll... l.oNal N.Mlh r.nl.ms. _ \, „l„„Mlu->.'^M'-"'"'^"^'l"'''"""""'''' '■'■ „|,.,„,|,rTri;il..rtli-Clnrrn. upon tl.."«>|.|'n.>>i"noftlif<;n...U^. II rchlllM' to Sintcli Jlirif:'. II ill ta\or 111' Krlnrin. . „1H,„ tl,.. Hill n lining lo An.lon.i.nl Dissc.Uons u onll... AtrMi,-.orror;ngal, Vi.U. nl.o r;nli..n.nl:,ry D,!.-,.. (or lb.. vc.Mrs..S->0, i(,. .^0, .^1 n N 1 N s ciF I)Imm:i{i:n'I' wiirrr.us ii'o\ ■riii; valit. or tiik roM-uwiNc nis nil Ksr, (IF SIR .IAMi;s .MACKINTOSH. "If we were (lis|i.isf(l 1(, n iiiiiii'IkI tlic sliuly nf |iiiliiii' mmiI loivigii law, I,, ..Hiiinon l:i\Wf|-s, \\r do iml Uimiw Imu we cniiM I'. ■Iter du it, iIkiii liy p,,iiitiiij:(ml some illiiMiion-; ,\iiiii|ili'< of its su-.Tssful iiccom|ilislmirnt in oi,r own agr. Sir Jaiiirs AlacUinlosii, of hit.' ycnr.< so disiiiifruishcd in I'ar- lianicnt as a fri.nd to lilirrlN , to s( i. iico, and liixTal in:,tiluti(ms, and wlio is, al 111.' sainr linic, ;: niosl liiinianc and idiilosopiiical jnrist, has, in liis inconi- paialii.- Iiiti-oilintory Discourse to his LccImits on thr Law olWations, i;i\ en us a tiiiisli.d siiccinirn of liie advantages residlin;,' iVoni the mastery «i' for- eijri, pidilie writers. It would, iierlia|is, he dilli.ult to s.dcrt from the whole niLs of modern literature, a dise se of e.pial length, whii h is so just and heamiful, so acurati- and profound, so eaplivating ami .■nligiitened, so eii-^ ri, hed w ith the reliiMuneuts of modern learning, and the simple grandeur of .aueient principles. It siH.uld he read hy every student, for instrnction ami purilv of sentiment : and l.y lawyrs of grav.T years, to refresh their souls w nil impiiries whieii may elevate tliein al.ove the narrow inthunces of a dry and hardening practice. " — Jiuli^c Stanj. " .\ lecture, in the spirit of that discourse, would at all times he of great utility, and of much ornament to the profession of tliu law."— Lon/ Luui;h- Inira.iijh. "If MacUinlo.h I. :d puidi.h.d nothing else than his ' discourse on the Law of Natur.' aid Nations,' he would have left a perfect nionnmcnt of his intellectual strength and svmnielry ; and even supposing that that essay had heeii recovered, only :Minerfecl ami niutilaled, if hut a s.ore of its consecu- tive sentences eouhl h.' shown, they would hear a leMimoiiy to his genius a.s decided as the hust of Theseus hears to (Irecian art anumg the Elgin inar- iih.s." — Cdiiipbcll. " [ am disposed to consider this i'.»av as the mo-i peifei I of all his« vvril xl NUTICLS or TllL WORK S.V IiIh 1..V.. n..,-r uw., ui.l. - nnn, so M,h. .:ul cl..g.n,, ou .1.. ..I.. J..;,, in MMV lungn.g,..-"V//""" /''^ "" •'""""•• u u s. l,lo,n h;.^ 1-.. .Miu:>ll,.,l,:nul m^.T has l.r.M. surpa-s.,!/ -/>.. /•-'•. ,,,i l..v,..wsan,U,.s..an..„..x.u..i,...iin.an„.a...j h--- iS DlSCOUllSE. 1 I Befoki: I bo^iii a course of lecture.^ on a science of great vxUmt and importance, I think it niy duty to lay before tlie public the reasons wliicli have induced me to undertake sudi a labor, as well as a short ac- count of the nature and objects of the course which I pro})ose t:) deliver. I have always been unwilling to waste, in uni)ro(itable inat'tivity, that leisure which the first years of my profession usually allow, and which dili^n-nt men, even with icoderate talents, might often employ in a manner neither discreditable to themselves, nor wiiolly useless to others. Being thus desirous that my own leisure should not be consumed in sloth, I anx- i(Risly looked about for some way of filling it up, which might enable me, according to the measure of my tumble abilities, to contribute somewhat to general usefulness. I had long been convinced that public lectures, which have becni us(>d in most ages and countries to teach the elements of almost every i)art of learning, were the most convenient mode in which these elements could be taught ; that they were the best adapted for the important purposes of awakening F ~^ IvJ Di!^cui'R!?E ON 'rm; .«-tluv uf 'Jiik tho attention of tlio student, of iihridirinif his labor, of linidinil lii?' in'inirics, (»!' rclievini^ the tcdiousiuss of ()rivat(> slndv. iind of iin|)ressiiii> on liis recollection the principles of sckimm'. I saw no reason why the Law of i'Jioland slionid he less adapted to this mode of instruction, or le>s likely to henetit hy it, than any other part of knowiediie. A learned ifentlenian, liow- e\(r. had already occupied that around,' and will, I douht not, persevere in the iisefid labor which he lias un( -liilceii. rpon his provinces it was far from my wish i rude. It appeared to me that a r-oiirse of lectures a another science closelv connected with all liberal professi(»iial studies, and which had lon<; been the subject of my own readiiiu,' and rcHection, miroi>ation of men, wliose names, if it wer(^ becominii t(» meiit' i them on so sliirht an occasion, would ifise aulhoritv to truth, and alford some excuse even for liall now j>roceed to s^tate the raitline. The M ience which teaches the ri<»hts and duties of n:en and of >tates, ha-, in modern times, been called the Law of \ature and Nations. Liider this com pro- hensive title are included the rules of moraliiy, as they • S,.. "A Sxlliil. if T,ri iiiri' till' Ti.-IW of l'i|f;l.inil, III III' (ll'IiviTfcl ill liinriilii's-Iim Iliill, \t\ M. .Nulaii, Ksi|." Loiidoii, ITIMj. I- AW or NA'IMUr. AM) NATIONS 4:) iTovcrn tlio coudiict, of |>riv;ito uuh\ townrds cjicli otiicr ill Jill (he various rchitious of hiiiiiiiii life ; ns tlicy roguliilc both tlio ohediciicc of titi/ciis to the laws, jiiul tho authority of tii(3 luayistnitc in fnuuiuu laws and aduiiuistcriujx jxovornnu'nt ; as tluv iiiodilV iIk^ intercourse of ind(>|)en(lent conujionwcallhs, in peace, and as they jinv^crihe limits to tlu'ir luHtilitv in war. This important science comprehends only that |)art of prinitf ethics which is ca|)ahle of heinu rednre reovernmenls where they are planted, th\ and Adr. o/" Lutni. Works, vol. i. |). 101. On the irreat questions oi' morality, of politics, and of municipal law, il is the ohject of this science to deliver only those fundamental truths of which the par- ticular application is as cxlensive as tlie whole private and public conduct of nu>n ; to discover those •• foiin- ' I llllVC not llcPlI ilitrili (I li\ -Willi' |irtl\ illiniiir|iiil\ iil' lllii,ilili(ir rriiiii quittin)! tilis noble sciili'l .Mr. Iliiiiif liinj, iii'rli!i|i-^, llii-; si'iilcini' in Ins |-c((illiction, wiinn he wmlc :i iiMi^lkiiliiii jiiosiif^u ul" hi- vmuI.s. Sec lliimi's r.Dsiiij.i, Mil. ii. |). I'">','. London idil., I/SS, 14 DiscorRSF. <>\ Tin: stldv of tiif: tains (if justice,-' without pursuiuir tlio "streams" throuifli llic endless variety of tlieir course. But anotlier part of the suhi«^ct is treated with ijjreater ful- ness and minuteness of a|)|)hcation ; namely, that im|)ortant hranch of it which professes to re Ixcn chosen for the science, and by what steps it came to he adopted ams, perhaps, of more curiosity ' Till' li'Miiii li reader is iw.iri' tli;il ijn' '■ pis n.iliirip" niiii "jus fri'iiliimi" (if llir IJmiii.iii law VII s ,iir |ilir;i-i s of vrrv ilill'm nt iiii|i'irl t'liiiii the nirxli'rn plirMsis, " 1,1 w 111' I in III rr iiiiil l.iw nl" iiiiiiniis. — '• .III- iialiiivilc," s.i\ s ri|iiiill, " csi i|iiiii| ii:iliir;i (Hiitiii riiiitiialiii (ioi-iiil. " ' 1). i i, i li " (AikmI natiiriiliH nitiii mill' iiiniii's limi cs cnii'lifiiil, 111 (|ii(' npiiil niiini's pcin'ijiic nisloditiir (1) .Viiliiriil linv.'int I'lpinii, i« ihnt inw wliirh nntiiif imrh^t in nil thr nniniiil crrn LAW OF NATlRi: AINU NATIONS. 46 is" iiit ful- hat the illy, loir that of this That ions, '.iiro- aiiity \v aro s who It is sccins iduals nation s hcon than use ; which, if thoy any where deserve much attention, will he more properly considered in a full examination of tiie suhject, than within the short limits of an introductory discourse". Names are, iiow- ever, in a great measure arhitrary ; but the distribu- tion of knowled (Oliivrcs, toiii. ii. p. IV.57,) in wliicli lie lius Immmi f'ol- liiwi'd liv ii liiti' must iiii!<'iiii>iis iiiid oriifiii.'il writer, Mr. Bt'iitJKiiii, I'liiif. of !Mi)riils ,'ind I'ol \i. '.Vii. I'lrliMjis tlicsc liiirncd writers dd eiiiplny a |)lirase wliiili expresses tlie siilijeet ii|" tliis law willi more aMiir.icv than our eoin- liioii laiif.'iiap'e ; hilt I doiilit wiielher innovations in the terms ot' seieiico alwavs rejiav ns liv their superior preei>ion lor the iiiieertaiiity and I'oii- filsion whii'h the elianjie oceasioiis. (1) \Vli!il''Vrr naliir.il rea-icm ciin-litiilr^ aiiiniu all Mien, nnil Hint wlm-li is ( (|iinlly uli scrvcil li\- all, is Ciillrd llir l;nv el' mil lens. (■J) Ity natural hiw. ii ini'ant llie law of iriiiiins. (It) Inileeil the highest eiiiiily iif lirlicnrnt riclit« amnng the Unm.in", i« ))rpresent imperfect ol)s(>r\ance, preserve civili/ed states in a tolerahle coiniilion of security from wronjx, and which, if ihev could he u'eneraJly oheyed, would estahlish. and permanently maintain, the well-heinir of th(^ nniv(>rsal commonwealth of the human race. With justice. tlier('l()re. Iiasone part of this science been called "the nttHndl lair of itidiritli/d/s,"' and llie other '■^ tlie iuit}i nil Id ir i)f stairs :"' and it is too obvious to require observation.' that the ap|)lication of both tiiese laws, of the former as much as th<^ latter, is modified a?id ;aried hv customs, conventions, char- acter, and situation. Hence the writ(>rs on (gen- eral jurisprudence have considered states as moral pcrs on." a mode of e.\pre»ion which has been called a tiction of law, but which may l>e n'lranh'd with more propriety as a bold metaphor, used to convey the important truth, that nations, thouiih they acknowh'due no common su|»erior, and neither can nor ouirht to be >ii!»jectr(l to human punishment, are yet under the same obli<:afions to practise hon- esty and humanity, which would have bound individ- uals, if they were not compelled to discbar^re their duty by the just atithority ol' mauistrates, and if thev could be conceived ev<-n to liav*' ever subsisted without the protectinir restraints of «i()vernment. With the same views this law has been styled, and (notwithstaiid- ' This rrmark is sii(r!r<"sfr(l liy nn nhjn tion of loltil, wiiii'li \» rnnro specious than sr.lid Scr hi-; Pnlim f; (\. ^ LAW UF .N ATI 1:1: AND NATlONrf. 47 loir oso iiry, It in [i/o(l loll 2, (cini!: Inico. luH'n otlu-r us to both iiii^tlic ol)joctioiis of some writors to the vaijucncss of the liintrujiiie) ii|)|)C!iis to have hccii styled u ith threat (»r()|Miety, '-tin; law of nature.*' It may witli sntiicient correctness, or at least h\ an easy metaphor, he called a ''/(lie,"' inasmuch as it is a supreme, invariahle, and iiiicoiitrollahle rule ot" couduct to all men, the viola- tion of which is avenged hy natural |)unisluuents, neces- sarily llowiiiLT Irom tlie very coustitution oi" thint»s, and e(|uallv lived and invariable with the ordcu' of nature itseir. It i^ '• l/tr I (iir of iitilinr. because its ireneral precepts are (essentially adapted to j)roniote the happi- ness of man, as lonif as he remains a beiuijof the same uatun; with which he is at present endowed, or, in other words, as lonu' as Ik; contiuues to he nuui, in all the variety of tim(\'^. places, and circumstances, in which he has been knowu. or can be imagined to exist; because it is discoverable bv his natural reason, and suitable to his natural constituliou : because its iitness and wisdom are founded on the general nature of human beings, and are alto<; 'ther independent of any of those tem- porary and ac(Mdental situations in which they may he placed. With still more propriety, and indeed with the hiiihest strictness, and the most perfect accuracy, it is called a law, when, according to those just and magiiiticent views which |)hilosoj)hy and religion open to us of the government of the world, it is received and reverenced as tlu^ sacred code promulgated by the irreat Leizislator of the Universe for the guidance of his creatures to happiness; guarded and enforced, as our own e.\|)erience may inform us, Ijy the penal sanc- tions of shame, of remorse, of infamy, and of misery; and still farther enforced by the reasonable expecta- j/ 48 DISCOL'KfSr, ON Till. STl 1)V Ol' Till: tion of yet more Jiw I'lil jxMmltics in a tutiirr jukI inon; ])(>nniUioiit state ol' ('.\ist«MU('. The cruitcmplatioii of the hnv ot' nature. ii!i(l forth the (Mithnsiasm ol" tlie urrf^atest men, and tlic iireatest writers of ancient and inoch'rn times, in those snhhine (h'scri|ttioiis. where they liave exliausted all the powers of Iani:iia2<', and surpassed all the otiier exertions, even of their own sj)len- dor and copiliiis Jidiciido aiit M'laiid" iiiiiM't. lliii( li i;i rn (jin' idii-d^rjn-i f-i> est, imijiii diinjjnii cX liac ali(|iii(l licit, 11(1)111' tiita alim^raii |Mitrsl. N'lr \ i in ant \nr si'iialiiiii ant |mt |ii>|iilliliil siih i liai' li<;(' |iii.ssiiiiiiis. .\('i|iir r-l i|ii:i niidiis ('\|ilaiiatiir ant ill- ti ijiri s ijiis alms N'rc irit alia li x Kmiia', ali.i \lliiiis, alia liiilic, alia |ins||i;ir, scd ct iiiiiiii's fri'liti"* ct iiiiiiii liiM|inii' una lr\ It srMi|iilrriia, d iiii- iiintaliili!i I'diitincliit, iiiiusi|iii' crit ( (inininiiis ijiiasi ina;;isti'r it iMi|i('iat(ir din- niiiiii Itiiis. nil' li'ijis liiijii- in\i iilnr, ili~ii'|)la|or, latnr, rui i{ui iion |i;iri'liil ipxi .•>■' Jiiaid it nii/Kiiiiii /iiiiiimi.^ ii.ii lint ina.xinia^ punas I'tiaiiisi ca't'Ta sn|i|)liiia ipiic |intaiitnr cirnircril. ' — t'niirni. iili. iii. Cinr. ill li'ijiiilil. ii/iiiil l.iiitiiiil It is iiii|iii-sil)lr to riad snrli prcriipiis frai:nirnt> uillnnit di'idiniii'; tlic Kiss III a work, w liitli, Tor lln' lirni'lil ol' all ^'iiifiatinns, .v/k/m/i/ lia\f Ik'L'II ininiiirtal. (I) Trill' law is iiiili I il rijlit riasiin, Kiiisistrnt with natiin, sIiiiIiIiml' il-i iiitliiriicc ii|iiiii ull, ciaisliiiit anil iMMiiiilalilr. II im ili's inrii tn ll \i nisr ul im r> iimral iliil\ , it iliterd tlii'iii liy lis iiriiliiliitions tViiiii tln' i >iiiijiii~^iiim ut' lrauiis to cliHiiur -III ll w |,i\v . Ill iilrrr I- II \.\\\ liil In iiliair II. liiir 1 an ll br w Inilly ahriivatiil. 'I'hr sin all mil Mil |i. (iplr r,-iniiipt ili-rli irs."' ii> liiiiii ii> iiiil ctiam vitam nniiltciulam cxistima- rent ; qui tandem fieri potuit n'si iiomiiics ra qim^ ratione invcnissent fIo- ipu'ulia pcrsuadoio potuissont." ' — Cic. dr Inr. Hlirt. lil). i. in proem. even- iKitjon, lliru\ii;liniii all liiuo ; and is, as it Hcrr, a runinion mastrr and nili-r ; flic divinity iifall. (it\i\ is till' iiivcnliir, llir hIvit, and the jiidL'r ofllii^ Ian ; and hIuicvii will " ' ' ry M-; prci'i'iils. III liirn tire, and avind thr ((iiniianinnsliiij ul' liis race ; and lhn.-> he v. •','. imfpr till' si'vcicsl lu'iialtii's, alllinn<.'li csi-aiic (illnr {iiMiishiii>'iil~ llial auait liinj. — Eilit. (I) till on tlicn anil liinnd I'ilii's, tliai till' (iti/.i IIS may li'arii liuw uimd t'ailli is In lip rlit'r- i^ln-d, jiisiiir niainlainrd , and lliiil liny may ai cnstnni Iliinistlvi's willinuly In (iliry others ; and not I'lily sliiinid tiny rtincniliir lliat linrtlirns must lie assumed, lint if iit-icssaiy, sanitirp llnir lives fiir the iiiibin' wral. This will nnlv he dunr, unless nif n ran be persuaded to un il. rtake those duties v\liirh it is the piruiiar pimniie iil"i'l'it|iii'ii''c to ininkatp. ,-J^' 5U i)i!^iuLiiis. Tliey exaiuiiK'd the loimdaliuiis oldiir duty, hut they felt iiiid cherishfMl a most ii;itiii;il. ;i must seemly, a most rational entlm- siasm. when tliev contemplat^'d the majestic, editico which is reared upon th«'se solid lonndatiiMis. Tliey devoted the highest e\rv. I*erhaps those wis<( men mnv have sup|)osed tli;it the nuimte dissec- tion and anatomy of virtue, nuLdit, to the ill-jud f eye, weaken tla; cliarm of her heauty. It is not tor me to attempt a them(> which has per- haps heen exhausted hy tiiese ifreat writers. I am indeed nuich less called upon to display the wortii and usetidness of tlie law of nations, than to vindicate my- self from pnsumption in atlemj)tinir a subject wiiicli has i»een already handled bv so many masters. For tln' purpos(> of that vindication it will l)(> necessary to sketch a \ery short and sliiiht a«-count (for such in tins j)lace it nuist unavoidabb be) of the pro^ross and present state of \\u: seieiice. and of that succession of able writ<'rs who have gradually brouiiiit it to its pre- sent p<'rfection. We have iiodnck or iloman treatise remaininiron tile law of nations. I rom the titl(> of one of the lo'Jt I, AW OF N ATlKi: ANr> NATIONS Al works of Aristotle, it }ij)|K>}jrs tliat ho coiupo.sod ,i troa- tisr on the laws of war,' wliitli, if w<' had the ^food lorfiino to j)oss(\ss it, would doiibilcss have; am|)ly .sitisliod our curiosity, and would have tautjlit ns hotli tho practico of tho auciout nations and the opinions of tlu'ir moralists, with that |)rocision which distin- truishcs th(^ other works of that jxrcat philosopiicr. \Vc ran now oidy collect that j)ractice and those o|)inions, ini|)erlectly, Ironi various j)assaarlier a<;os, tho i.uthority of the See of Rome, and the extravaijant claims of the imjicrial crown ; in later times, the connections of trade, the jealousy of power, the refinement of civilization, the (]) Th« Inwi nt Hill, 5a Kisrorusr, (tx Tin; .v or Tin: cultivation of scionco, and, above all, that siniiliiiity of those political institutioni?, which, in every countrv that had been over-run hy tho (rothic con(|U(M'ors, hore discernihle marks of the rudo but bold and noble outline of liberty, originally sketc'"^d by the hand of these iicnerous barbarians. Thesi", and many oth(>r cnnses. conspired to unitc^ thv nations of EurojK! in a more intimate; connection and a more constant intercourse, and consequently made tlu; rv^- nlation of their intercourse more nec<'ssary, and the law that was to irovern it mor(> important. In pro- portion as they approachiMl to the condition of provin- ces of thr" same empire, it became almost as essential that Km'ope should have a precise and comprehensive code of the law of nations, as that each separate country should have a sys[e. I shall onlv here observe that they were all more or less ^hackled by the barbarous j)hilosophy ot' the -cliools. and that they were impeded in their proirress bv a timorous (h^f- erence for the inferior and technical |»arts of ilie Hoinan law. without raisintf their views to the compre- (.; 4 m LAW OF NATI'Ki: AND NATION.S. 53 honsivc priiici|)los wliicli will lor vw inspire n-ankind with venercUioii lor that ^vnuul hk luinent of himiaii wisdom, it was only, indc-cd, in the si.vteenth centnry, that the Konian law was lirst studied and understood as a science connected with Jlonian history and hter- ature, and illustrated hy men whom I'Ipian and Fa- l)inian would not have di^^dained to acknowledge as their successors.' Aniono- tlu^ writers of that nde oT(>at discoveries, and works that are to in- struct posterity. The rediK-tion of the law of nations, to a system, was reserved for (irotius; who, hy the advice of Lord Bacon- and Peiresc, undertook this arduous task. He produced a work which we now indeed justly deem miperfect: hut which is, perhaps, the most complete that the world lias y(>t owed, at so rarlv Ji stai^e in the pro, to the genius and learnino- of ' f'ujn.'iiis, liiiss.MMii'., |[oiloiii:iliiii!.s iVc iVr — Vid, (inir'nKt On'u. -Iiir Ciril. |). i:Vi-l:V-'. rtiit.l.iiiv |T:lV Lciliiiitz, ;i pri'Ml iiiiiilicniiilici.iii as well ,-i^ pliilnsinili, r, ,I ;iiii1 i)rril). ■•' I ilMVC her.' liiM'ii iriislril liv ;in "\|iri'ssiiiu ..f ;i nindcvil Ji;ii)."f.ry I'isl u\' Ornliiis. Ill' tells IIS Ih.il ijir li.ii.K '• I), Jnii IIJ/i' ■ was iiiKJcrlakm '' /lorliiiili Haiom: \ i.ki i wwn." ■ \i,!. Ckvs /,/,,/ pirfirii .hir'scon.iiiili in Uii'jDnr d'tiiin.'' Tli"iii;ii awaiT ol' iji,' aiiilii;.i;iK(v of l!)i i \|iris>ioii, I tliniiplit tliat il ri'lrrrri! i ■.■ iritiiraM^ m piMMnial cvjiortalioii I imw timl, iiii'.vi'MT, (liat it alliiilis i)iil\ 1(1 tjic |,laii skilrlii'il ■ui in Lord Ijaion'.-i >vritiiiy;s, in uliiiii siii-r Sii l-aar .\i wlmi minlit i', -aid In liavr i()ni[Hisi'il his I'riiii ipia ^^ Imrtiiiih lliiiniii I'l i uLiiinn.' Tli. aiillinilii' liisfii|-\ id'tlii' wiirk 111' (ii-i)tiii.s in) III |ii> liiiii:.! HI liis ii\\ M iiKisI iiiti'ii sliiiii Ldiiis, and in • iassiMidi's MTV aldr inid cm-idiis lili nt' I'riri'sc. — {.\Vi'( /.) thr tliiril nlil .) M! On III! laH i\f war. (•J) At il Kiiimcsliiin iiiiidc in l.ciril llanin. fit) Sec IIil'io (Jrollii^ iiima llii nirMl>'in iilra oi a |ii'il'.'(t .Iiiris rnniiili. li 54 ni.*!r()rRsi: on tiii: stidv of tiii: one man. So ufront is tiio uncertainty of posthumous reputation, and so liaMe is the fame, even of the jjreat- cst men, to he ohscured hy tliose new tasliions of tliink- ini; and writin*; whicli succeed eacli other so rapidly an«on!T polished nations, that Cirotius, who tilled so larire a s|)ace in the eye of liis contemporaries, is now, perhaps, known to sonu' of my nviders only hy name. Vet, if we fairh estimate hoth his endowments and his virtues, we mav justly consider him as one of the most memorahl(^ men who have done lionor to ujod- ern tinu^s. He combined t\\o discharire of the most important duties of active and j>id)lic life with the attainment of that exact and various learning which is iicnerallv the portion onlv of the recluse student. Il(^ was distinixuished a-! an advocatr and a magistrate, and he composed the most valuahle works on the law of his own conntrv : he was almost (mjuuIIv celebrated as a historian, a scholar, a poet, and a divine ; a disin- terested statesman, a philosr;p|iifal lawyer, ji patriot who unitod moderation w: be exposed to the severest tests of human virtue; but such was the happy tem|)(TatMr( of his mind, that he was too firm to be subdued by adversity, and too mild and honest to be provoked to violence by injustic<\ Amidst all the bard trials and |zallin<; vexations of a turbulent jxiliti- cal life, he never once deserted bis friends when tbev LAW Ol" NATLUE AiNU NATlOAS. Oii »l<)- ith ifc ivil iito on tho tl»o 1 to t 1o tlio liti- were uiitortunato, nor insulted his enemies when they were weak. Unmerited exile did not damp his patri- otism ; tile hitterness ot" controversy did not (extinguish his charity. He was just, even to his persecutors, and faithl'ui to liis ungrateful country. Such was the man who was destined to give a new form to the law of nations, or rather create a science, ot" wliich only rude sketclies and indigested materials were scattered over the writings of those who had gon(' heforc him. iJy tracing tiie laws of his country to their principles, he was led to tiie contemplation of the law of nature, which he justly considered as the parent of all nuinicipal law.' Few works were more celel)rat(;d than that of Cirotius in his own days, and in the age which succeeded. It has, however, heen the fashion of the last half-century to depreciate his work as a slia|)ele>s com|)ilation, in which reason lies huried inuhM' a mass of authorities and (|uotations. This fashion originated among French wits and de- claimers, and it has heen. I know not for what reason, adopted, tliough with far greater n> xleration and de- cency, hy some respectahle writers amoiiii; our>elves. As to tlios(! who first used this language, we are hound in candor to suppose that they never read the work : lor, if they had not heen deterred from the perusal of It hv such a formidahle display of (ireek characters, tli( y must soon have discoNcred that (Irotius never (|iiotes on any suhject till he lias first appealed to some princi|)les, and often, tlioiinh in»f alwa\s, to principles the soundest and most rational. ' I' rii'ixTi MP j'w (M \'' |1^ > /), f.,,. I' tu. 56 DiscoLRsi: OiN Tin; sTi:j>Y OF Tin: But another sort of answor is due to some of those' who have criticised Cirotius, :iu(l that answer might be iiiven in tlie words of" Cirotius himselt'.- lie was not of such a stupid and servile cast of mind, as to <|Uote the 0|)iuioMs of poets or orators, of liistorians and pliilosoplu'is, as if tliev were judiies, from whose ilecision there was no aj)peal. He (juotes them, as he tells us himself, iis witnesses wiiose cons{)iring testi- monv, nuyhtilv strenifthened and coidirmed by tlieir disconhuice on almost every other sid)iect, is a con- clusive proof of the unanimity of tlu- whole human race on the great rules of dutv and the fundamental principles of morals. On such matters, poets and orators are the most unexcepliouahle of all witnesses; for they address themselves to the general feelings and sym|)athies of mankind : they are biassed by no system either of philosoj>liy or sophistry ; they c[in attain none of their objects ; thev can neither convince, nor persuade, nor move, nor delight, if they utter moral sentiments not in unison with those of their resulers or hearers. Surely no system of moral phil- osophy can disregard the general feelings of human nature and the according indgment of all ages and nations. IJut wherr ar(> these feelings and that judg- ment recorded and preserved: in those very writings which (irotnis is gravfly blamed for having (juoted. The usages and laws ol nations, the events of history, the o|)inions of pliiloso|)hers, the sentiments of orators Jind poets, as well as the observation of common life. ' l)r l\il( V, I'lMi.' cI'Miir ,111.1 I'niii. I'liil.>s. I'lrt'. i> XIV. ami .x\ ' (init. Jiir li, II, (I i'ar. rml.y ;; (() tl LAW UI' NATURJ:: AND NATIONS. 67 are, in truth, tlic niatoriiils out ofwliicli tlio scionco of uiorality is formed ; and tlioso wIjo iH'ct tlicni arc justly chariroable witli a vain jittoni|)t to pliilosophizc witliout regard to fact and experience.', the sole foun- dation of all true philosophy. If this were merely nn objection of taste, I should l)e uillinu to allow that (Irotius has indeed poured forth his learninir vvith a |)rofusion which sometimes rather encund)ers than adorns his work, and which is not always necessary to the illustration of his subject. Yet, even in makino- that concession, I sluudd rather yield to the taste of others than s|)eak from my own feeliuirs. I own that such richiu'ss and splcMidor of literature have a powerful charm lor n\v. They fill my mind with an endless variety of di>liiilitlid recollections and associations. They relieve the iinderstaudin^r in its proixress throudi a vast science, bv caljinii- up the memory of oreat men and of interestinu events, liy this means we s<'e the truths of moralitv «'lothed with all the elocjuence (not that could h(> produced by the powers of one man, but) that coidd be bestowed on them by the collective i,feni\is of th(> world. Rven virtue and wisdom themselves ac(|uire new majesty in my eyes, when I thus see all the oreat nuisters of thinking and writing- called toiiether, as it were, from all times and countries, to do them homage and to appear in their train. IJiit this is no place for discussions of taste, and \ am very ready to own that mine may be connpled. rh(> work of (irotius is liable to a more sc-rious objec- tion, though I do not recollect that it has ever been M 6l!!l OlSCOCKSi; ON TIIL STUDY OF Till: iuiul<;.' His luctliod is iiiroiiveiiicMit and iinsciontific. Il(» liJis inverted llie natninl order. Tluit natnral order nndonl>t(>dly dictates, tliat wo slionid lirst searcli (or tlie original |>rin(i|)les of the scieneo in hnnian natnre; then a|)|»l\ them tt> the r(>«inlation oftlie con- (hul (>r in(hvi(huds, and lastly, employ them lor tlio decision of those diliicnlt and complicated qnestions that arise with respect to the intercourse of nations. IJnt (irotins has chosen \\\o reverse of tliis metliod. \\v heiiins with the consideration ol" tlu; states of peace and war, and he examines original princi|)les only occasionally and incidentally as they lan ol" (irotiuswas j)ercei\ed, and snppliejl h\ Pnli'endorll", who restored natural law to that sii|>eriorit\ which l>elonu<'d to it, and with ^reat propriety treiited the law ol" nations as oidy one mam hraiieh ol'llie jtarent stock. Without the jfenius ol' his master, and with very inferior learninu, he lias yet treated this suhj li .llllrcl \Mi|l, Mil " Till lll~li >r ( ilnlin l'\ nl till 1. ll' .\llli .Mr. W A HI), ill lie liirc ihi tunc IS." ll|iili;;li .11 till' liiiii III' wiitiiifi lliii I •iscmiii^u I Jlilcl lurgiilttll tll.'ll |iil.s>i\j;i .il' jii.s \\i,\U. — (Sill, 1,1 III, ihinl iilihoii.) \..\W OV N ATI RF. AND NATION'S. 59 but silvvnys instructivo iind .satisfactory.' His work will always be stiuliod by tlios(> wbo spare no labor to acquire a deep knowledoe of the subject ; but it will, now, I fear, be oftener found on the shelf than on the desk of the jreiieral student. In the time of Mr. [iocke it was considered as the manual of those who were intended for active life ; but in the present age 1 believe that men of business are too much occupied, men of letters are too fastidious, and men of the world too indolent, for the study or even the perusal of such works. Far be it from me to (lerol niiiny readers wbo are interested, and who miuht Ix; disposcnl to acquire some knowledf^e of the principles of public law. Many oIIkm' circumstances mijibt be mentioned, which conspire to prove that neither of the «^|-eat works of which I have sjmkcn. has superseded the necessity of a new att(Mnj)t to lay before the public a system of the Law of Nations. The liminiaij!;e of science is so completely chanired since both these works were written, that any writer who should now enq)loy their terms in his moral reasouinos, would be almost unin- 1eHioil)|o to some of his liearers or readers; and to some amon^ th(Mn too who are neither ill (jualitied nor ' I Mtii nut iiidiii'i'd to rrliNict this iuiriiMiii(l:itiuii l>\ the jiiiMt aiilliority (\(ii 111" l.v.iiiM 1/. Iiiinsclf, wild, ill niii 111' liis iiK oiii|)!iriilili' IcrtiTS, culls I'litlciulnrlV " Vir pnrinn jiirifiorsiiltiis rl minimi' /ihilnsn/ilnis. ' ' Ml \ li;i{| l;i\v\ rr mill :i « di-ic' |iliiln-ii|i|iri, (iO i)i.-«i»i i!si: ON Tin; sti l»^ (ir riir. ill disported to .''tudy fiicIi siiltjcH'ts w ilh c-oiisidonihlo iidviMitJi«i<' to tlu'iiisolvcs. Tli(> Iciirnrd, indeed, well know how little no\elt\ or variety is to he louiul in scientille (lis|Mites. The same tiiiths and tlu> sanu; errors have Ix^en repeated from a^'e to n, with little variation hut in the laiitiujiac ; and novelty ol" e.\|)res- sion is often mistaken hy the ignorant lor sid)stantial discovery. l'erha])s. too, \vr\ nearly the same |)ortion of genius and |ii(luinent has Ixen exerted in most ol' the various forms under which seieiiee has heeii enlti- vated at dill'erent j)eri(jds of histor\ . It is not improh- ahle that nmch of the superiority of those writers who contiime to he read, often consists in taste, in pru- dence, in a hap|»y choice of suhject, in a favorajjio moment, in an agreeahle st\i<', in the li'ood fortune of a prevalent lannuaac, or in other advantages which are either accidental, or the result nither of the sec- ondary than of the hiiihest laculties of the mind. IJut thes(^ rellectiou.^ . while ijiey moderate the pride of in- vention, and disjxl the extraNauant conceit of superior illummation, \et M'r\»' to prove the us(>, and indeed the necessity, of com|)osinu-, trom time to tinu', new systems of scieuc*; adapt<'d to the opinions aiid lan- guaiic of each >uc< i'e(linL»' period. Ilvcrv aak an uidvuown toniiuf^. o ni it ' I ill) lint iiu'.'in In ini]irM( ll llir si illlnllii'SS iil' Mil \ |iMrl iil' l'ilt!rlli|nrll"s rcil- snniiii;, roiiiiili'd (III imiiul riititiis. it ni;iv lir i'\|iLiiiii il iii .1 iii iisiil, ,is 1 \ I r\ \v ntir iiiiisl dn, tin' scifiititii' hnaiKijjt' lit' hi- "W 11 ll I miK .-i-s..]!, ih.ii t,> ihci.-r ulio .•irr nil Ve are thus enabled to discuss with precision, and to e.\j)lain with clearness, the })rinciples of th(^ science of human nature, which arc in themselves on a level with the caj)acity of every man of frood sense, and which oidy appeared to be abstruse from the un])rofitable subtleties with which they were loadcnl, and the l>arl)iirous jiu^ijon in which they were expressed. 'I'lie deepest doctrines of mo- rality, have, since that time, been treated in the per- spicuous style, and (>ven with some detrree of tie beauty and ('loquence, of the ancient moralists. That |)hilosophy, on which are founded the principles of our duty, if it has not become more certain (for morality admits no discoveries), is cenainiy less *' harsh and crabbed," less obscure and hau«,dity in its lanijruage, less forbidding and disgusting in its apj)earance, than in the days of our anc(>stors. If learning, in this j)rogress towards j)opularity, has en- iiii.ii'(|M;iiiiti>(l with iinciciit systems, lii> iiliilcisiipliii ;il viii'aliiil.iry is (ilisolclt •iiiil nniiiti'lli<;ilili<. Cfi DISCOI'RSE <>\ TIFi: STIDV OF TIIK jiondorrd (as we iniHt own tliat it has) a iniiltitudo of su|)orli(;ial and ni(»st niiscliicvoiis sciolists, tlio antidot(3 ninst conio Ironi ilic same (|iiart('r with the . We can hrinii hefore us man in !i lower and more ahject condition than aii\ in whicli he was ever seen hefore. I'he records, hav<'. in part, heen opeiUMl to us of tlios<[' nniihtv empires of Asia,' where the hei»in- ' I I ;i II II III |in'\ uil 111! iin -1 ir In |i,i~< dvir this siilijcrt \s it In ml piu in;; iiiv liiiiiil)li Iriliiili li. llic iiiciiiMr\ (■!' >ir \\ . .Imii's, wliu li;i,. lalinrcil •<) micit-:,- t'lilh ill (tiiiiiiil lilrr.iliiri , \\ liosr llnr ^iiiiiis, pure Iii^Ic, iiiiwciricd iinliis- Irv, iiiirix iillril ,111(1 riliiin^i proiliiiiipiis \.Mirl\ cif ,M(|iiirriiiriils, iiiiisl iiispiri' :ill \\ lin |iM I' ur iiillualr litters, \silli iiiliiiiiMlniri anil reverence. Tin' lileaslire W Itll wliicli \M iiinleiii|i|;,te >uell e\traiinllliar\ i|lialitie-i, is elieeUeil lis the rieiilleciiDii dl" tin rei eiil iiinl ]ireniatiire death nftliat ^'reat man, who wa-i iiiil iimre i|istiiii;iii-hiil In lii< liiniiis ami liarnirm than l)\ his ami- able ilispusitinns ami -|ii.|lc^- piirit\ .>l' lil'r. [ Impe I shall lie panlnlieil il' I a-lil m\ a|i|ilaii'^e In the peiiiiis and learn- ing' nf Mr. .Maiiriee, \\ hn treaiK in t he -ie|)s rit" his illiislriiiiis iVierid ; ami wliii has hrwailed his death in i strain of jjonninr and hranlif'nl pnetrv. mit iiiiwnrlliN lit' hajipier |irrinds nt' our I'.ii^li^h liter.itiiro. Ill I LAW Ol iNATLRL A.ND NATlO\.S. (>:) iiiiijrs of civilizjition arc lost in the darkness of an uiifathoniablo anti(|uitv. Wo can make linnian society pass in review before our mind, from tlie brutal and helpless barbarism of Terra del Fucoo, and the mild' and voluptuous savages of Otaheiti; ; to the tame, but ancient and immovable civilization of China, which bestows its own arts on every successive race of con- (juerors ; to the meek and servile natives of Uindos- tan, who |)reserve their in^emiity, their skill and their science, throu»fh a lojiir series of a<.res, und(>r the voke of fore i Jill tyrants; to the jj;ross and incorri most in<«;enious nations of the earth. We can examine almost every imaginable variety in the character, manners, o|)inious, feelinirs, prejudices, and institutions of mankind, h\U) which they can l)e thrown, either by the rudeness of barba- rism, or by the capricious corruptions of relineineiit, or by those innumerable condjinations of circum- stances, which, both in these opposite conditions and in all the intermediate staucs between them, influence or direct the course of human alVairs. History, if 1 may be allowed the exjjression, is now a vast museum, ' TIlc OlilliritrMlls w ill |ii'iili,ilil\ llnl III' lliiill^fllf to ilr^rfM' citliir tn lie |ir:iiMil tor tlnir iiiililiii'ss iir ciix iid tiir their liii|)]iiiii'ss, iil'tcr the ititcr(r Tim III wliK'li s|)((iiiu'iis (>(■ every variety of liiiinan nature iiiMV lie studied. Iroiii these yreut accessions \o kii<)\vl«'d;je, lawgivers and statesmen, l>ut, above all, moralists and political pliilosojiliers, may deriv*' \hv most important instructions. They may plainly dis- cover, in all tile iiselul and heantil'ul variety of •gov- ernments and institutions, and under all the fantastic multitude ol" usai:<> and rit(>s which have prevailed amoni: iiieii. the same I'lindameiital, com|)reliensiv(; truths, the sacred master j)rinci|)le ourselves to that heiL''ht from which we oiiiiht to siirvcN so \ast a suhject, these n(lless variet) in their application, which is one anions maiiv \iilual)le truths which we ma\' collect from our j '-eseiit extensive ac(|iiaintance wi th tl 10 history of man. is itself of traiisceiuhiit imj)ortance. Much of the ma|e.-t\ and autlioril\ of \irtue is derived from that consi nf. and almost the whole of practical wisdom is founded on that \ariety. LAW OF iNATLlU: AiNU NA'l'lONrt. ih'i VVIiiit tbrinor iitrical rej^ularity of system ; that he has chosen a style of allected al)i-u[)tness, sententious- noss, and vivacity, ill suited to the j^ravity of his suh- ject : idter all these concessions (for his fame is large enou*i;li to spare many concessions), the s|)irit of laws will still remain, not only one of the most solid and durahle inomunents of the powers of the human mind, hut a strikintf evidence of the inestimahic advantaji;es which political philosophy may receive from a wide survey of all the various conditions of human society. In the present century, a slow and silent, hut very real mitiLnition has taken place in the practice of war; niid in proportion as that mitigated i)ractice has re- ceived the sanction of time, it is raised from the raidv of mer*; usaiic, and lK>comes part of the law of nations. Whoever will com[)are our present modes of warfare I ()() Disjcouijsi: ON Tin: stidv ur Tnr, witli tlio system of (Jrotiiis,' will cloarly discern the iininense iini)roveineiits which luive been made in that respect since the j)nhhcation of liis work, (hirinir a period, jx-rhaps in every ])oint of view, the haj)piest to be flnnul in the iiistory of tiie world. In the same j)eriod, many important points of pnhlic law have been the subj(^ct of contest, both by ar^nnm-nt and by arms, of which we iind either no mention, or very ob; cure traces, in the iiistory of precdinsjj times. There are other circnmstances to which I alhide with hesitation and relnctanc(\ thon^h it nmst be owned that thev alford to a writer of this ai:;c some degree of uidortunate and de|)lo,able advantase awful events, and of these tiital controversies. But incurious ami indocile indeed nmst be the mind of that niai) who has eitli-r ov<'rl(K)ked all these things, or reaped no instruction from the contemplation of them. From the foreosition ottliosc two tricnt works on the J.jiw of Nature and Nations, wliirh continue to he the chissical and f^tandard works on tliat suhject, we have gained l)otii more convenient instruments of reasoninir and more extensive nnilcrials lor science; that the code of war has heen enlariroci and imj>roved; that new questions have been j)ructically decided; and that new controversies liave arisen rcL'^anhno; the inter- course of iiulcjxvnfh^it statcNs and the first |)rincii)les of morality aixl civii governmeiit. Some reathrs, may, liowever, tiiink that in tlie course of tii(> observations which 1 am olferino-, to ex- cuse the ))iesum|)tio!i of my own attemj)t, I have omitted the mention of later writers, to whom some part of my remarks is not justly applicable. Ikit, per- haps, after farther consi«!eration, I shall stand acf|uilted in the judiiment of such readers. \\ rit<>rs on })articu- iar (juestions of public law, are not within the scope of my obs<>rvatioiis. TIkv have tiirnished the most valuable inat<>rials ; but I am speakiuij: only of a sys- tem. To the larL'o work of Wolilius, tlu^ observations which I have madi? on Pull'cndorlf, as a book lor i^en- eral use, will ap|)ly with trce. His abrii(artment of tin; science, he has adopted some doubtful and dan- i^erous principles,' Jiot to mention his constant deii- ' 1 \v:is iiiiwiHini; In liiivi^ t'\|irr>~('(l iimi-c ^iiMiiijIv i>r ■■(iiiliilcnily i>u |ii-iili;i|iiin <>r '^iiiiif |iai-H 111' \';illil ; limii'ili I inijiln li.ivi' |Ms(|nire much observation from me in this phice. The snmr r<^ason will excnso me for j)assin!j^ over, in sileitc(>, tlu^ works of many j)hilosophcrs and moralists, to whom, in tlu^ course of my pro[)oscd lectures. I shall ow(^ and confess the greatest oblij^ations : jind it mi«jhl. j)erha|)s, make it unnecessary ior me to speak of the work of Dr. Paley, if I were not anxious to avail myself of this |nd)lic opportunity of professini; mv ty : and perpetujd refer(>nce to that excellence which is attainable in public institu- tions, and to that vutue which is |)racticable in human life ; who. because his tast(> and his mod(>stv have le liiis (lilli ii nilo ^n;it inisiMlo'; in itii|iiirl;ml prarti- nil (iisiMissicins itt'piililii' Inw LAW OF NAT! R)^ AND NATIONS 69 Stooped to copy the arts of those who liide the poverty of tlicir invention hy extravagance, and disguise the most meagre common-phiccs in tlie gaudy dress of parodox. No writer, since the time of Crotius, of Puffendorff, and of Wolf, has comhined an investigation of the [)rinciples of natural and [luhlic hiw, with a full ap|)li- cation of these [)rinci])les to particular cases ; and in these circumstances, [ trust, it will not be deemed ex- travagant presumption in me t(» hope that 1 shall he able to exhibit a view of this science, which shall, at least, be more intelligible and attractive to students, than the learned treatises of these celebrated men. [ therefore, shall now proceed to state the general plan and subjects of the Ie«.turcs in which I am to make this attempt. 1. The being whose actions the law of nature ])ro- fesses to regulate, is man. The science of his duties must be founded on the knowledge of his nature.' It is impossible to approach even the threshold of moral philosophy, without a previous examination of the faculties and habits of the human mind. Let no reader be repelled from this examination, by the odious and terrible name of mctaplnjsks ; for it is, in truth, noth- ing more than the employment of good sense, in observing our own thoughts, feelings, and actions; and when the facts which are thus observed, are ex- pressed as they ought to be, in plain language, it is, perhai)s, above all other sciences, most on a level widi ' Natiira eniin jiirin rx]iliiMiir man. DisroiKsi: v «»r Tin; the capacity and iiiforination of tlio generality of tliiiikinir UKMi. \\ licii it is tliiis expressed, it re(iuires no |)revioiis (juulilicution, but a sound judgment, per- fectly to couipreliciid it ; and those who wrap it up in a technical and mysterious jar,uon. always ft\\c us strong reason to susj)ect that tli(>y are not philoso])her.s but im|)ostors. Whoever tiioroughly niidcrstaiids such a science, must be able to teach it |)lainly to all men of counnon smise. The proposed course will therefore open with a very short, and, I hope, a very simple and intelligible account ol" the |)owers and operations of the human mind. JJy this plain statement of facts, it will not be dif- ticult to decide many ceNbratcd, though frivolous, and merely verbal controversies, which have long amused the leisure of the schools, and which o\V(> both their fame and their existence to th<' ambiguous obscurity ol scholastic language. It will, iijr example, only rc- (juu'e an apj)eal to everv man's expcM'ience, to prove that we often act purely lr(»m a reuiird to the hap|)i- ness of others, and are, therefore, social beings: and even without being consummate judges of tin; decep- tion< of language, we can detect and (lesj)ise the sophistical Iritler, who tells us. that, because we (\\"|)erience a i>ratilication in our benevolent actions, we are llierelore exchisivelv and uiiil<>rmlv selfish. A (orrect exauniiation of facts will lead us to discover that ijuahty which is C(»inmoii to all virtuous actions, and which distmgiiishes them from thos(> which are vici(»us and criniiiial. Ibit \\v shall see that it is neces- sary l<)r man to b(^ governed not bv his own transient and hasty oj>inion iijkui the tendency <»f ev< r\ partir- LAW or NATL'Ui; AND NATIONS. 71 ular action, but by tbosc fixed and unaltorablo rules, wiiicb are tlic joint result of tlie iinpartiid Jud^niient, the natural reelin<,^s, and the embodied expericnre of mankind. The authority of these rules is, inde(!d, founded only on their tendency to j)rom(jte |)rivjite and public welfare; but the morality of actions will a|>|)ear solely to consist in their corres|)ondence with ujoral rules. IJy the help of this obvious distinction we shall vindicate a just theory, which, far from beiniits which are the motives of all human conduct, liut neither is it the innnediate standard, nor can a regard to it ever be the principal motive of action. No |)re- cept, indcK'd, deserves a i)lace amonji" the rul(!S of morality, unless its observance will |)romot(! the hap- piiu?ss of mankind;- aud no man oural iiap- |)iness.' An action is virtuous wliieli accords witli moral rules; and a character is virtuous in which tiic natiu'ai rreliniis ot" lli<' human jieart are so moderated, matured, and improved, as to produce steady habits of virtuous action.' \\ illi(»ut, however, dwellinii lonir«'r on subjects which cannot hv clearly stated, miless th(>y are fully uidohled, I content myself with observiuij, that it shall be my object, in this prehminary, but most important |)art of lh<; course, to lav the loundations of morality so deeply in human nature, as mav satisly the coldest in<|uirer ; and. at the same time, to vindicate the paramount authorit\ of the rules of our ll|(l\iM^ lIll'Si' ntll'sli iri'li s l.iiilii (iT Niiiiir llidroiiglily, will (Id M work, w liii li, iil'iir liiiK'li i'i>ii>ji|i'i':iliuij, I lliiiiit iii\~i If' mil linriMij 1.1 r.ill llli: liinsi nrijiili;! |il''>ruiiiii| llint \\\\-~ r\ri' ii|i|ii':ir<'il ui] nmr.-il |>liilo>(i|i|i\ Vm iiii'iii \ji'lii< iiiliil ,'iliurl ijiiani in si |ii'rl'i da ,'iIi|mi' a M> \ llllli l'< lli'lIllllU I l-i lli:ill Mipillnl M.lUllill (Ml III lltitaiiii III till liiglii "I ill Bl.f. LAW OF NATLltE AND NATIONS. 73 iipply ■al, of liap- with •li the rated, bits of which olded, he my i)art ol' deeply juirer ; iinoimt and ill ilations ) iiivio- (! moist iisiasni. r these nuhtors d)strus(! lority ol" )rahsts), ll\ , w ill il" \liii li, iillrr irigiiHil ;iihI iiiiniun (n r- lic lugllr-l ill before they luid come to the popular and received notions of virtue and vice, hiid staid Ji little longer upon the in(juiry concc'rniiig tJw. roots ofaood and tvil, they had given, in my oj)inion, a great light to that which followed ; and specially if they had consulted with nature, tlujy had made their doctrines less prolix and more profound." ' What Lord Bacon desired for the mere gratihcation of scientific curiosity, the welfare of mankind now iinperiously. J cannot express my own opinion upon this subject so well as in the words of a most valuable, though generally neglected writer : " The science of abstruse learning, when completely attained, is like Achilles's spear, that healed the wounds it had mad(» belore ; so this knowledjie ' l>a' cm, l)i;;ii. aiid .\(!\. nf Learn. ImnK ii. .1 74 Dlf of woods, traversable onlv hv the speculative, and where they too rre(|uently (h'liiiht to annise theins<^lves. .Sinc(^ then we shall be obliged to make incursions into this latter tract, and shall j)rohiihly lind it a reirion ol" obscurity, danle part of ethics is that which rer, lost cn- y 1)0 lore est only streams ilize the Huaintcd ? sava^fe lint,^ our jr incur- whicli I [»ceed to cal duty. •s is that, »rds rach the sane- sanction, c |)rivate \()1. i. prtf % from political duties, lor tlu; sake of greater clearness and order in reasoninji, yet we are not to be so deluded by this mere arrangement of convenience as to sup- pose that human society ever has subsisted, or ever could subsist, without bein«y |)rotected by irovernment and bound tojrether by laws. All these r<>lative duties of private life have been so coj)iously and beautifullv treated by the moralists of anti(|uity, that lew men will now choose to follow them who are not actuated by the wild and)ition of e(|ualling Aristotle in precision, or rivalling Cicero in elocjuence. They have been also admirably inculcated by modern moralists, among whom it would be gross injustice not to number many of the })reachers of the Christian religion, whose pecu- liar character is that spirit of universal charity, which is the living princijih; of all our social duties. For it was long ago said, with great truth, by Lord Hacon, " that there never was any philosojdiy, religion, or other discipliiK", which did so plainly and highly exalt that good which is connnunicativ(\ and depress the good which is j)rivate and particular, as the Christian faith." ' Indeed the apj)ropriat(^ ])raise of this religion is not so much, that it has taught new duties, as that it breathes a milder and niore benevolent spirit over the whole e\t<'nt of morals. On a subject which has been so exhausted, f should naturally have contented myself with the most slight and general survey, if some fundamental j)rincipl(>s had not of late be«'n brought into (|uestion, which, in all form(>r times, have heen deemed too evident to ' n:i(iiil, |)ii;ii Mild \il .r I, ciini iHHiu II if' •> M» Drst'oLKsr, ON rm; sii i)\ oi' Tin. % ro(|irno tlio support of ariniinciit. iiiul almost too siicrcd to admit ihv liberty ol discussion. I thcrcroro shall endeavor to streuiidicii son\e parts ol'llie rortilirationrt of morality which have hithcrlo heeu neglected, only because no man had escr been hardy enou«j;h to attack them. Almost all th*' relative duties of human life will b(^ touud more inun(Mlial(>ly, or more remotely, to aris(? out of the two ^reat institutions (d" property and marriau^e. I'hey adorn, preserve, and even constitute society. I pon their Lnadual improvement depends the progressive ci\ ili/ation oT mankind : on them rests th(^ whole order of civil life. We are told by Horace, that the first eHbrts of liiw^ivers to civilize men, con- sisted in strenjjftheninii and reaiilatiui!; these institutions, and fencinir them round with ri.-( 1, iic'ii i|iii< lali'c), 111 II (juis .uliiltir.' I Si rill, iii lor> A celebrated ancicMit orator, of whose poems we have but a few fragments reuuiininst improvements under the ainu'dianshij) of lhos(^ laws wliiili .-eeure propert\ and re<:Mlate mar- riaac. I'.I \l'^s•^ >.\ni\.\- iliM'iiil, i\ r.iin |ii2;i\ it Cnrpdra rciii|iii;li- ; ct inafTiia* I'mididit iirlir-i. • I'ra^. < '. Licin. Cah i. Nothing can be more philosophical than the succes- sion of ideas here presented bv Calvus : for it is onlv (n And now tlnv I'casc frnni wur; iMrir lnwn-i riirlcM' Willi Inriiiiilal'lf wall-, ami law- iniii|iii< • 'I'll >trlkr tlif Ilin r. ami liiulnvaj inaa viitli ilri-ail. Anil viiiiliiali llii- »aiifriil security is niiiiiitniiied l»y the liiws, iu\d when the order of doinestir hte is fixed hv innr- ri5i«j;e, tliat iiiitioiis emerge IVoiu l)iuhiirisin, proceed hy slow d('nrre(>s to cidtivate scieiic(\ to l()iiMd (>in|)ires, to hiiild mjiy nourish the individual, and they perpetuate the race. As they were at first the sole authors of all civilization, so they niiist for ever continue its sole protectors. They alone malv(j the society of man with his fellows delightful, or secure, or even tolerable. Kvery argument and exam|)le, every opinion and |)ractice which w(>akens their au- thority, tends also to dissolve the fellowshij) of the human race, to replunif(> mm into that state of help- less f(M*ocitv, and to condemn the earth to that unpro- ductiy(; wildness, from which they were both originally raised, by the power of these sacred })rinci|)les ; which animate the activity of exertion and yet mitigate the fierceness of contest, which move every plough and feed every month, an eiuMiiy of these prin- ciples is the enemy of mankind. Around these insti- tutions all our social dutie- will be f(»und at various li run TH Discol Ksi; ON rill' sTLhV (H" Tin: f (listaiK'cs to riin«ir tlioinschcs : souk^ more noar, ohvi- ouslv cssciitiiil to tlir ii<)0(l onirr of limiiiiii life, otliors more rcinotc. .iikI otuhicli the iKu-cssity is not at first view so apparent ; and sonir so distant, tliat tluMr ini- portancc iias Ixm'ii sonntiinrs doiilitcd. tlioii*r|i npon more matnrc considtration tlicy also will appear to l)0 ontposts and advanced retended stale ol" natnre, luit in their snhserviencv to the snhsistence and well-heiiiir of maidvind. It will not (»nly he cnrions, hnt nsefnl, to trac{! th(! history ol" projjertv trom the first loose and transient occnpancv of the sava^je, thronrin«; tlie society of the sexes as it is reI (iK.M > 111 MAM M I' H I M T M MOI.I.KSi Klil; KUl'll. |iiicri(iiic 'irirciitiiiu ahiiicliliis lii( ilc iiij;(iiiiiiii iVcgirc sii|icrhiim. 'I'linr it iiiiiirlliiiiii ni/tirinit jiinisrrc lialniilcs riliitiriia inter se, nee liedere m i' vii)lare. I't luieros ((nnnii'ndirMnl nniliclirei|Ue srcliini Vocihus et fjestn cum haihe sij^nilicarent Imiiki ii.i.imi M l>si; v.iiri m m i-^f.m r.u dmmi m.' I.iin-ft. lil, V. 1. 101(1— llfJ-J. (I) Vet wlicii, at li ri!;lli, rinlc liiit^i tlic> tirst ilcvisM, And tilts, and iiarinenls ; and in iinieii swcil, Man wedded wcinian, llir pnic jeys indnlu'd III' rliiiste I'oniiahiiil liur, anil iliildren rcise, 'I'lic iiiiii;li liarliaiian- >el'tin"d. 'I'lic u ami in arlli 'J'lleir I'laiiies sii inrlled lliey im llliiie iiiiiid In iir, As iTst, tir niiidVi I'd sl< ! (li^iiradation. III. Ilavniii estahlishcd the |)rlncipl«'s of j)rivate (hitv, 1 shall ))r<)('(-e(l to consi relations I shall cndcaxDr to «'stahlish, not i;|)0!i supposcil comi)acts, wliich are altoirether chinicricai. uliicli nui.-t he admitted to he false in Tact, wlucli il" ilit \ are t»> he considered as lictioiis, \,dl he found t<; ser\e no purpose of just reasonin*:', ;i'id to b*' e(|uall\ til" louiidatioii of a s\,-l(>!u of universal desp// isiii 111 llnlthes. and of universal anarchv in liousseau; hut upon the s(>li<| liasis of li'ciuM'al C(.iiveiiience. iNfen cannot suhsist without society and mutual aid ; ihrv can neither niaintaiu social int rcourse. nor reci tve aid lr»»i.' eacli other, without the protection of iroNrrn- nient : and tiiev c;iiiiiut eiijov that protection without suhuuttiiii: to tin' restraint- v\ Inch a just liovernment imposes. This phiiii ;uiilliuent estahhslies the dlltv ol ohedieiice on the p;irt ot citi/.eii.-. and the diitv of pro- tection ou that (»!" iiiai>i>trat|i;ill Hot eiiciiiMher uiv r<'asoninL»' hv any speculations oil the oriu,iii of liovernment ; a question 1. AW OF NATUUK \SU NATIONS. 81 iij)Oii which so nmcii roasoii has bocn wasted in mod- ern tinios ; hut wliich tho ancients ' in a hi^^^lior spirit of philosopliy hav never once deigned to stir. It" our principles l)e just, tlic orijfin ol' «roverninent must liave been coeval witli that of mankind ; and as no trih(; has ever yt^t l)een discovered so brutish as to be without some jjjovernment, and yet so enhghtened as to estal)- hsh a government by conunon consent, it is surely unnecessarv to employ any serious argunieut in the conl'utatiou ol'adoctriue inconsistent with reason, and wholly unsup|H»rt((l by e.\p<'rience. Dut though all in([uiri(>s iuto the origin ol" goveriunent be chimericiil, yet the history of its progress is anuising and instruc- tive. The various stages through wlii- iiiolistnitinii tif till' IK rcsvily of |Hililic;il s(m ic't\ In tllf u p||-h( ill;;, ;in(l iri- ,1,,,.,| to the viTV liiiiijl, nl" iiiMii, Willi wliiili I aiii ;ir,|iiai iilnl ll.ivin;,' -iiiiwu the circumstaiirr win. Ii r.Miili i immii mci -Miiily ;i social liciiii:, lu! |usll\ (•..iiiiiiilcs, " Kui ill u.'i^r.T.i ■ijru t:u'u:v f-iiv."'— ./'v'.vV. ilr lirp., lib. i. 'I'll,. ..;ini. - Imiiic 111' |iliiliisii|ili\ IS ailimralily |iiii-iic'(l in llir r-lmri, ImiI llivallialllr l|;i;:inrMl ol' lIll' sixlll Imnk .il' I'nlslnil-, ulllrh .IrsiTlllls lllr IllS- lun ami n \ uliil mii-. .il' jri,\ miin. ill. ^l, \ii.l mail is .il 1 iiiiliM.illy a i.ililp'al luiiiu- K H> DlSCOUUfi: Oi\ Till. STUDY Ol' TIIK I have ulnsulv iiilimatcMl lo the rcadcM" llmt tho de- scription ol" libiM'tv wliicli seems to me the most com- prehensive, is that ol" sfciiiili/ (iinst uronu-. Liherty is tlierefore the ohj(>ct ol" all iroNeniment. j\fen are mor(> free uiuI(M' every izovermiient. even the most imperleet. than they would he it" it \v«M-e possihl(> iitr them lo e.vist withont any *i(»vernmcn1 at all : they are more .>ecnre Irom wroiin", itiorr inu/lsltirhrd in tin r.rcr- cisc of flit if mftiiidl jiDirt/s. and tlinrf'orr more I'rcr, til n ill the /iiosf obvious onil grossest s< use of the irtnd, than iltJH'v were altogether nnprotected a;iaiiist injury from each other.' Ihit a^ aeneral security is enjov«'d in verv diirereiil detitulioii of" u'ovcrnmeiit and a ii<)()d constitution of iioveninient are therefore." dilferenl e\j)ressions for the s;iine i.h :i. Another miiterial distinction, however, soon pn^sents itself. In mo-t rahly j)rotecte(l a^iiiii'^l .'jross injustice from his fellows hy im|)artial laws, which it \- the manifest iiit(-rest of tiie sovereign to (Miforce. liut some conuiioii\\(';iltlis are I I I iii\ ' III \ I ill iiiiiiiiiii |iiili iiil'il til nlTir il iiliiiL' I" m\ iiriiii iiili III III" lili' rl\ li';.'ii;il Il wmijij li.' iMIy 111 Mllilri)il liiiiiiiil (Il linilMni-^ lA' [ii'lili' il ii'Tiii- Till -iiii|iir mill iirlttiii.ij iinhnii ii\' lllii rl II i<, llill Mi;it 111 I M .lll-l'l|i I'rWl r lllliull.. Il\ lilU irillllrlll il I' ll:iiiil Am\ if MUM :ili ri'sl i';il Mi'il ill ill lln >iiii- II ilMII lMl'\ Wnlllil \l\ \ Inlill piiM il -r;ilr i.t IIMllll'i It'll It lln-v ,iri alw .i\ n ~ll',lllll 'I ill |Mii|Mi|||i M w- tllfV iiri' llliil-i t:iiill\ 111 ••uli-tltiltril I'll' lln' i.ljii r. — .\'(.^ tn lliinl itl I-AW OF NATURi: AND NATIONS. WJ I SO lin))|)y ns to bo lomi(l(?il on a princi|)lc of mnch jiioR! icIiiK'd nnd |n-()\ idoiit wisdom. Tlie subjects of such coumioMW( altlis are of their ijovernors. Kciijiious institutions, fa\<)riti<-' prejudices, national mann( rs, have m dilferenl countries, with uncijual d(\Ln'ees of force, cin'cked or mtti<4ated th<> exercis(> of supreme |)ower. 'Vlw j)rivi- l(>ucs of a |)f)werlid lUihility, of opulent men-antile .^-<>nununities. of at judicial corpcM'alions. liave, in A()fi\v monarchies, ap|»roached more near to a control cHii' iKIk' .-•o\('rei;in. iMeai)< have betMi devisinl with juore or l«"ss wisdom lo temjM'r fh<' despotism of an aris- locls. and in democracies to ])ro- tect fhe minoris. lint in these ^Mu;nixr'<4 (/)rms of oo\ , ;.unent, as the riirht of k'jrislafK* ,K< vfste<1 in one indi.idnal or in one order, if IS o!)vi<»f'i.- ♦ii'K r^K' l<':.',i l:'ivc power niav shake oil" S4 DISrorUSE (».\ TIIF, STl'DY OF TIIK all tlio r<>i«tr!iints wliicli tlio laws have imposod on it. All such oovorninciits, tlxTcton", tend towards despot- ism, and llic sccuritit's u liic-h tliey admit against niis- £Tovorinn»Mit, arc (WtrfMucly Icchlc iind precarious. The l)eparate ciinractf-rs, correspondiuj; to the vari(^ty ol" classes of which civil society is composed, each in- terested to ituard their own order from oj)pression hy the rest : each, also, iiiteresternnu'nt. It" {horv were not an interest to resist each othei- in e\tr;iordin;iry cases, there would not he lihert\ . it there wer(> not ;u\ inter(\^t to co- o|K'r;ite in the ordinary course of allairs, there could he no jTovernnient. The ohject ol' such \vise institu- tions which make the selhshniss of liovernors a secu- rilv aiininst their injustice. i< t(» jwotect men iiuiiinst wronir hotli I'rom their riders and their tellous. Such ^o\<'rnments are. with justice, peculiarK and emphati- callv caJIfMl ()■(( : and in ascrihuiu th;it hl»- ;iil(l tlin n|)iiiinip of t\vr( illiN- liious mm iit'tlif |ii('«.in! .(fji', »* bi>tli tin ir o|)iiMi>iit nii- < i.inliiiii'ii liy onr nf l-AW or NATIMir, AM) NATIONS i- institution so (letestabl(> ns an absoliitelv uiibiihmced jTovernment, j)erhaps ever e\ist<>d ; that lh<' simple iTOvernments ar(> mere creatures of the* iiniiuiiiation ol theorists, who have transformed names, [\y become fre(\ f>y the constitutioii of a state. [ mean " f/ir (xxh/ of those initirn (itul inni-i iitni ' I'lnnltn/intiti/ />;i:;r : "Mi' (Mr. i'ns ) .ilw ii\ < lli.iiiy;||| ;ili\ i>|' I lie Miiijilr uiili.'ilaiici'd ;iii\ cniiiii iiN li.iil ; liiiiriitti'ii III till' rri'dllci'lidil III" till n iri'liiil- ami llicir li irinUliiii, | iln mil I'litrrtaiii iIh' vain iiiia^iiialinii llial I ran ailil In lln ii iilmv li\ .iii\ tiimir llial I can say. IJill il is a jrratilirali.iii in inc hi yivc iillriaiii i' l<> m\ I'l.c!- Ill^s; lu ('\|in'SS lllc |ll'ornllllll Mllclallnll Willi wlllill I aill lillril I'lir ill.' ini'imirv 111' till! line, ami llir \\ anil all'i'rlmn wiiiili I rln ri>li liir llir nllici, wliniii mi oiii' i'\ ' r lii''irls- 55 tiiili's, (I ml l/ir most rssciifidl jirici/f^rs ' <)/' tlir snhjti'ts. Snrli ;i IkmI\ (»!' politicnl laws, must, in all countries, arise niil ')!" the cliaractcr and silualitui of a j>('o|)le ; lli«'\ must urow willi its prourcss, \\v adapted to its |K'cidiari1i('s. change wifli its clianiies, and he incorpo- rat»>d iiitit> ot" men, and the eslahlished order of socMiN, so as to lit them tor an ahsolutelv new scheme of <:'(»\<'riiinent. Ilows from the most pn^snmptnous iLnioraiic<>. r(M|iiires the support of th(> most ferocious i\rami\, and leads to cons(M|uences which its authors can iie\er iorcsee : ueneralK, indeed, to in>titntions llic mo;t opposite to those of which thev profess to seek the e-tahlishnieiit. ' IJiit human wisdom, inde- fatiuahh emplo\('d U;y reiiiedviiiu ahuses, and in :>ei/- iuL' fa\orahlr opportunitirs of improvinii that <»rder of siw iel\ wjiirji arises from cau-cs o\('r which \\v \\\\\v \\v\\ \u ijlr IJIIInrilllt :illll -. llscIr-^-i IM V i U 1 1|" I If i-;i' wllii inlil.llii llr.'ll i'. rl\ riiiiiilr\ wliirji |i;i ; iinl ii irrilli ii < mi.-lil iitioii , \ii\i^\ in- williuiil m imm-i mil mii . ' I'firilt.i^ III I'nlliail |Uri-|)rilcli-lu-i', lilc'!ili-i llic I n III pi inn . pI' dili' lli(ll\ lil- ll.'ll I'loill lll< Mill riltinli III' :l liw l'iililp':|l liri \ iji'^i '~, III llli'~i'll>r ill wiiji'll I riiiiilin till' liTMi-', nil nil ill rliN 111' till' siiliji 'I- III" M IV IIT ilri I III ll 111 IS. I I itiiil III ihc wi'll-lii'iii-' III' III |i •■!- Ill M llTl' ^.l:ll(•, \\ IlK'll I' I'liiiiiiioli wi'mIi ll, lliMt I lii'V iiiijiliil Crniii llii iiriliiiir\ ili-i n limi nl' tli. iii.'i'.'istr.ili'. Mini ;;iiiinliMl liv llu' siiiii riiiiil.iiiii iil:il I lu • u liiili -11 iiri III- iiiilliiiril' '•' St • III ,'iiliiiir;ilil ll Snlinii Ills, \ III !'• |i;i— iL'i' 'III till- .-111 iiji-il III l)r 'I'll ifM. |;i| — I rj. Ill V lin ll llir trill- ijiirliiiii' III' ii'l'iiriiiii- tioli i- l;iii| iliivv n w It I -Mi:.'iil;ir :ilii lit\ la th ll I'll ijiii'iil iiiiil jilii ii-ii|il(|r:il v^ritii- Sr.' .il-i, \1r ItiiiK I ill nil n I iiiiiinii'.i I nlnriii ; am' ?^ir Sir M llitli nil till' ;iiiiiiiiliii. Ill ..r l;i\',-. III ill!' I iilli rlimi III' iii\ lidiiii ll .mil ti\<<>\ '\< . Ill ll! I'r M. II .'r:ivr, |i M- J. AW OF NATl'Ri: AND NATION? 87 little control, after the relorms imd ninondinonts of a scries of Hfrva, h;is, sonietiine.«, tlioiiiili very rarelv,^ shown itself ca])ul)le of biiildino iip a free constitution, which is " the lirowlii of linie and nutin-e, rather than the work of human invention."" Such a constitution can only he formed l>y the wise '\u\\U\Uon oi' ^^ llie great innovator, ti\ii:," — "which, indeed, imiovateth jrreat- ly. hut (juietly, and hy deii'rees scarce to he ])erceived." ■' Without descendiniT t() the ])ueril(3 ostentation of paiie- jryric, uj)on that of which all mankind coid"e,-s the excellence, I may ohsiM've, with truth and soherness, that a frc(! i ilirc iiii lest ii liiiiu |Miiir hi iiicflrc (11 il:il ill ii'>i-~iir ,i iiiir aiitri', i r>l iiii < licl'-il'ii'ir. n- ilc ligis- hilliiii i|iic \r li:i/,,ir(l I'lh rari'iin'iit, rt i|iir riirciiiciit nii hii>>c tiiirc u lii |irii- cli'iiri'. I'll iiniurnic'iiinil (lis|iniii|Uf ail "■milrairc siiilc poiii- aiiisi dirr aii.v si'ii\ ; il r^l iiiiiloriiM' |iailniii •. ciuiniii' \l iii' I'aiil ■|ii" ilr- |)a.-.-inii> jiniir 1- ('talilir tdiil |i' iiiiiiii!'' I <\ Imii |iiair ■ i la.' — Miiiil( yi/iiii i/^ l>i I' r.s/iri/ ihs f.n/.r, liv. V. V. II. - I (|iiii|i' llii.< |ia»~:ii;i' iVmii liisliii|i Slii|'li\ s liraiilil'iil aii'nuii! lif the I'.ii- i;li.-i|i ( 'i)iia\ \\i\. Hi' I nnnv al nms. (1) III iiiiln 111 ruMi a |iiiiilriii L'l'V iiiiiM 111. «. iiiii-^l iiiailiiiir ii- |iii\vi'i-. n i.'iiliiti', tniipi'i', am! pill I 111' I II III .11 Hull ; plariiii:, ~<> in -{y iN, ;i lialla~l in i In . in uiili r In n inli i' il i'a|i:ilili iif ii'-^l.-llii;; .niiilliiT i il ii a i7ii;/' i/'imk »v nl' li'iM^I I'um 111 i! "liaiii i iiiiK iin.iliirrH, iiiiil iiiii' 1 1 111 I i> lai. I> fi-iiin i| |i)-i I; iill> . .\ ili -ji. it i iMniriiiii' iil, lU !lii nailiMj , i- al',\ ;n s \i>ilili- ; it I < till ^aiiir ('\ ri,\ u In 11' ; aiiil niir ii i- c.-liilili.-lii il iii llu' alii'dinii.-* nl' iiii ii, all tin' u mlil !.- aila|ilri| l.i it. 88 Kisroiui^ii; ON the stidv or Tin: si(lai)to(l, iiiid out of u hirh it jxrows ; tluit its whole iuliniMistratioii is a practical school of honesty aiul hmnaiiitv ; in which tli(> social allcctioiis, expanded into |)nl>lic .>-|)iiit, act thronirh a wider spiiere and are moved hv a more powerful sprin earliest times to tlu> present a»,f(> ; and to show how the general principles of liherty, originally connnon to it. with the other (Jothic monarchies of I ,urope. hut in other countries lost or ohscured, were, in this more fortunate island, preserved, matured, a id auapted to the j)roi:ress ot" civilization. I shall attiMupt to exiiihit this most complicated machin(% as our his- torv and our law> show it. in action : and not, as some celehrated writers have most im|)erfectly represented it. who lia\e torn out a \'r\v of its more simple sj)rinos, and. j)Uttinii- tluMu together, miscall them the IJritish Constitution. So prevalent, indeed, have these imj)er- fect re|)resentations hitherto heen, that I w ill vcMitnro t<» allinn. there is scared v any suhject which has heen less \reated as it deserved, than the Lfo\ernment ol" I'.niiland. l'hiloso|>liers of jjreat and merited rej)Uta- tion' have told us that it consisted ot" certain portions of monarchy, aristocracy and democracv : names which are. ill ninli, \ery little apjdicahle. and which, if they were, W(.)ukl as little iiive an idea of thir^ t^overnment, ■ Till' riMilcr will pcriiiv.' ili.ii I nlliidi i<> M^v i r ^i)i i ' . wliuin I mcmi- ii.niir uilliciiil n-MTi'iu'i, lliMii:;|i | >li.ill |iic^iiini' lo crilii Im' Ins iifcuiiiil uf a gii\ ciiiiiirul wliirli ill- niilv -aw al a ili^laiK I'. LAW OF NATL RE AJVI> NA'llUNS. 89 as mi account of the \vei<,dit of bone, of llesli, and of l)lootl in a human body, would he a picture of a Uving man. Notlnn«r hut a palit'ut iiud minute investigation of tlie practice of the ifovernmeiit in all its parts, and throujfli its wliole liistory, can give us just notions on this important subject. If a lawyer, without a philo- sophical spirit, he uiUMjual to the examination of this great work of liberty and wisdom, still more uneijual is a philosopher witiiout practical, legal, and historical knowledge ; for the first may want skill, but the second wants materials. 'I'he obs(>rvations of Lord liacon on j)olitical writers, in general, are most applicable to those who have given us systematic descrij)tions of the lOnglish constitution. '• All those who have written of governnu'Uts have writ1("n as philosophers, or as lawyers, and none as staUninin. As lor the philoso- phers, the\ make imaginary laws for imaginary com- monwealths, and their discourses are as the stars, which give little light because they are so high." — '• liar coi>nitio (((I riro.s ciri/rs jnoprif' pcrtlnct,^' ' as he tells us in another part of his writings; but, unfortunately, no experienced piiilosophical British statesman has yet devoted his leisure to a (l(>lineation of the consti- tution, which such a statesman alone can practically and perfectly know. Jn the discussion of this great subject, rnd in all reasonings on the princi|)les of p(»litics, I shall labor, above all things, to avoid that which -ippc^jirs to me to have been the constant source of political (M-ror : [ mean the attempt to give an air of system, of siin])li- (h 'I'lii- kiiiiu I. ilui Ik Iniii- iiiirr |ir.:|i 'ih I" (i.^liln i,ui-. I. 9U uiscoL'itsr. <->% riir. f-Tiuv of tiik ritv. iiiid of ritforoiis (IfMuoiistratioii, to sul)jocts wliicli do not luliiiit llu'iii. Tlic only iiu'mm.s hy wliicli this could l)(> doiic, was hy rct'cirinii- to a lew simple causes, what, in truth, arose Iroiu iiinneiisc and intricate coni- hiuatious. and succ(>ssions ol" causes. 'I'he conse- ((ueiice was verv oi)viou>. I'he system oltho tlieorist, disencunihered iVoni all reijard to the real nature of thiuLi's. easilv assumed an air ot" speciousiu'ss. It re- (|uired litfle dexterity to make jiis aruument apj)ear conclusive. Hut all men airreed that it was utterly inaj)|)licahle to human allairs. 'J'he theorist railed at the I'ollv ol" tlie w(»rld, in>fead of coidessinjx his own ; autl the men ol' jjractice unjuMly blamed pliiloso|)hy, instead of condenmiuir the so|)hist. The reas(jn of this constant war helween specidation and ])ractice, it is not diliicult to discover. It arises from the very nature of ()Mlifi( id science. 'TIk^ causes which the politiciiin liii- to consider, are. al)ov<' all others, multi- plied, complicated, uMUiile. siihiile. and, il" I mav so spciik, evanescent : perjxtindly clian^inii' their form, and varyiuL*^ theu' comhinations ; losinij their nature, while tliev k<'ep their name : <'\hihitinu' the most dit- ferent con;((|uences in die endless diversity of uwn and nations ^m wliom thev operate' : in one dejiree of streiiL'^tli prodiicinii- the mo>t siLnial henefit ; and, uiuler an apparenlK sliulii variation of circumstances, the most tremendous mischiefs. Thev admit, indeed, of hem^i; reiliict d to tlie(»ry : hut to a theory lornied on th(^ mo>l e\tensi\e \ie\\s. of the most com|)reliensiv(! and llexihle |)rinciple.-. so as to embrace all their vari- < tie.-, and to lit all their rapid transmiiiratioiis ; a iheorv, ol which the most fundamental nia.xim is, distrust in I,AW or NATUKK AM) NATION'S. m itsolf, and (lot'orcncc for practicnl j)ni(ltMic'o. Only two wriUM's of lbnn(>r tnncs liavo, as tar as I know, o!)- servod tliis frcneml (k'lect ol' political rcasoncrs : hut these two are the tj^rcatest ))hil()so|)lu>rs who have (n(>r apjx'ared in the world. 'I'he first of them is Aristotle, wlio, in a passage of his I'olities.' to whirh I cannot at this moment tMrii, plainly condenms ihc |)nrsuit of a delusive if;i|.'(' 111' rnllicr |);is^i. — Milii/iliijs. lili. ii. i'.' kvV in-jr'.v J5v;c f^i' '.J"-v « T« njrJ-/jx'i-xi Kit !,itr.^tii'^v tnJii'^w: ■jtT-jti'u'i. — t'.lliif. ml .Vn/niiii. lili. i. .a]!. I. Ill liic lirst ol" ili('-:c> rcliiarUalilr |iassa;;r<, lie ionlrailistiiiniii>lic's iiioralily tVoiii tlic |iliv~i'al sciciicts ; in the srcmid, iVniil llic ahslracl sciclicr^. 'riic ilistiiii lion, IJiniiijJi ol" a ilill'm ii! natiiia', i< ri|iiall_\ y:rcal iii liolli cascH. Moralilv laii oritlicr allaiii tin' /iii liiiiil/i ill 'i ol' the ^liinn s w liirji arc roii- \crsaiif with rMrriial natiirr, nor llir ,. ,^ V\^"^5^ IMAGE EVALUATION TEST TARGET (MT-3) 4 // A^ 1.0 I.I fM IIIIIM 2.0 1.8 L25 IIIIII.4 IIIIII.6 6" V % Photographic Sciences Corporation •iJ >tm <• MAIN STREIT WEBSTER, NY. 14580 (716) 873-4503 ^<° €^. \)'l DlsrolUS"', u\ Tlir. STl'DY tH' TITF- tlmt |)o\vor o\' richly iuloniod trutli from tlic wardrobe ol' iToniiis, which h(> possrssinl silmvc (dnwst all men, " Civil Iviiowledm' is convcrsiuit about a subject which, above all oIIkm's, is niost immersed in matter, and hard- liest reduced lo axiom.'' ' IV. I shall next endeavor to lay open the o;oncral principles of civil and criminal laws. On this subject, I may, with souie conlidence, hope that I siiall bo enabled to reason b(>tler l>y niy ac(iuaintance with the laws of my nun ccMMitry, which it is the business of my life to practise, and f>f winch the study, has, by habit, becoUK! my favorit*; pursuit. The lirst |)rinciples of jurisprudence arc simple maxims of reason, of which the observance, as wc know by innucdiate e\peri(>nce, is essential to the security of men's rights, and which pervade the laws of all countries. An account of the irmdual applica- tion of these ( iiiinal princi|>l('s, first, to more simj)le, and iitterwards to leore complicated cases, forms both the history and the theory of law. Such an historical account of the prourcss of nien, in reducinfjj justice to an ap|)licablo and pracliral system, will enable us ' Tliis |)niii'i|ili' i> ivpn <^i'il li\ ,1 writer of :\ \ crv (lill'iri'iil cliiii-iiclor tVuiii llii'M' ivMi filial |iliil(i~M|ilic f> , ,'i w lilir, " (///'(i/i ii'ii/i/iilli 1(1 jiliis jilii- Ihsii/iIk, iiiiiis i/ii'iiii II jijii III III li jiliis i' liii/iii III (// .V ,v/i^,7)/.\7( .s," ' wiili grc.'it I'lirrc, and, as lii-* iiianiiiT i^, willi miimc isafii!! ration : " l\ It V a |i(iiiil ill' jiiiii' ijii - all-trail • ilaiis la |)nlitii|iii'. (' I'sl line srii'liro lies rali'liis, dcK (■iimlilllliiMills, il ilrs r\ii'|ilii)lis, -H'loll Irs lirilx, lis liiiijis I'l. IcK cirriiiisiaiiris. " ' — l.iilii ill lliiiissiiiii nil .Miirijii/s ili Miriilii iiii . Tlio scrniiil |irliil