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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<troct.
1843.
..,1'
UNIVERSITY OF ViaORIA
LIBRARY
Victoria, B C.
r.iilin il iiccdnliiii; U> 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<l so
necessary for the preservation of national rights.
liarrire, D., Do La Libert6 des Mcrs, 3 vols., Hvo. l'ari:<, ITOr*.
Bernard, Jacob, Rociicil do Triiitos do Paix. 1700.
liinkershoch; C, anostionos juris publici. Translated by Diipo iccan
Philadelphia, IfilO.
niirlamqidyJ. J., Droit Naturcl. Nouvollo edition, par Dupin. Paris, l&iO.
Bitssard, M., Elcmcns do droit naturel privc.
Durge, William, On Colonial and Foreign Laws. 4 vols., 8vo. London, 183^
Comeirns,Di]pycch,hixxo\xdn Sage a T intoret dc penplos bien entcndu,
dans r exercise dii droit dc guerre ct dc conquetc. Paris, 1800.
Conriiur, .Xiflwhis, Jus Naturalis et Gentium doctrina nietaphysicc asserta.
Venota, 173(i.
Consniato del Marc. Lurra, 1720. Edited by Casaregi.
( •mbcrland, llirbard. Treatise oftlic Laws of Nature. 'Ito. London, 17a!>.
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 <oiil1it d.'s lois dr dilVrrciil.'s nations, on du droit intcina-
tioiial. .
ri,i.-<s<i„, De, Dc Ilistoiiv .h' hi Diph)matiqiie rran(;ais(<. v.ds., 8vo. I aris,
|HI!>.
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 <lroil d>'« 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.raH<i>r,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 <hi W.'stphali.; ju^.p!.; a Irilo, par S!tho.'ll, l"> 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, <t. t\ Von, I'rcciso du droit dcs Gens Modcrne Av V Luroin'. {&2\ ■
Miirlcns, Charles ilc, (inido Diploinatiiinu. Irt3'i.
Micriiis, I'rodroniiis juris prndt iiliii; Gi'nlinni comniimis. I()7I.
Miilihj, .Ihlii. dt, Lo Droit Public dc I' Europi', Ibndo sur los 'I'raites. 3 toni.
fvo. I7GL
Manninir, /('. O., roinnionlarics on tiic Law i.f Nalions. London, 1H3ri.
Miiriii, llistoria del dcrcclio natural y di' grnlos. 'J vols., H\o. 1800.
Mallirni, PrLcitf do la scicnto du droit .Naturol el du droit des (icns. Pans,
Atdstcr, /■'. 6'., nildiollieca Juris Nalura' et Genliinn. 3 vols,, ,Svo. I/')?.
Moser, J. ./., Versutli des nouesten Luropiliseheii Volker-Ueehts. I7H0.
A'li/ron, Professor, Prineipes du Droit des (Jens Luropeeiis ronventionel el
Coutiniier. 17r^3.
Ohiinilorp, H/a-a^a^o, sen olenientaria lutroduetio Juris Nuturrt', Gentium,
et Civilis. ]Marl)iirg, irjOtJ.
Oiiiptiihi, Huron Von, Literatur des Volker-Keelrts.
Omplcdii, Huron Von, Literatur des Gesainiuteii sowolil Natur lichen ais
Positiveii Vijlkerreclit. \7'^'f.
(nionis,M. If., Llenienta juris Natura^ el (ienliuiii una euni deliiiealioun
juris positivi universalis, llul'. 173."*.
Vnjj'iiulurf, Samuil, Law of iSature and Nations, wiili the .Notes of Uarlie)
ra<', hy Kennet and Crew. I'olio. I7'J'.».
I'lslcl, V. If., Fundam.'iita jurisprudeuliie iNatur;ilis. Lugd., 177.').
/{(iiincriil, M. diriud ilt., Institutions du Droit de la Nature et des (ieiis
Paris, l."<()3.
/.'«W<V, .A/»if.v, Inquiries ill International l<aw. Loudon, l'<l"J
llorrus. Philadelphia, l-0;»,
liohinsniis Colleetanea Maritiina London, L-^OL
ItutlirrJ'orlli, Thomas, histililtes of Natural Law. London, 17.">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',.\Miiiiiiali<Mi of the Rigiil "f Siiiirh of
Neutral V' smI- Plnladelplna. f-Oj.
vm l.isr or WOKK.S ri'O.N I.NTIIRNATION \L I, AW
Sclinxlf, /■'. /,., S\ slciiiii juris (iciiiiiiiii. IVd^imc, IT(i'^
>iili/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<oii(l ((liiioii, (|iiiirlo, |i. !•!>.
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 <i(iis. IT.")-'.
]"ilr(iriiis, ,1 . ./., Iii-iitiilioucs Juris Natur.i' ii (Iriiiiuiii. I,iii,'il., 1711.
rilliii-f, M. ill, \,i- Droit i\v la .Nature ct dcs (liiis. I.oiidoii, I7.">."<.
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
Phila<l<
ll-
i.-;{(j
Zuuiii, linltiinl, Du Jure reciali sive dejure inter (JeiUes. JGoO.
IHI7,
i)|iili»«i'lu'ii
SKETCH OF THE LIFE
of Artioii
;cv()liitiiin.
ston, Htl.
OK
SIR JAMES MACKINTOSH.'
coinimmi
ir.!>3.
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 an<l his mother lived) wlio early instilled into his mind a
taste for readinjj. At ten years of aire lie was placed to school at
Fontrose, where talents were developed that excited the hisrhest an-
ticipations of his friends. A (piick |)erception, and tenacious mem-
(>r" 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(l<iMto>li met M livr in the
nioyniiig t.. .•nnslni.' IMmIo, Xmnplioii, :ui,1 ll.rn,l„iMs. Tli>ir Mpplicaliuii
.^..(•(iis to hiiv.^ .•x.-il.<l 111.' .■ii\> of snii.r of ll.o duller fort, and it \shs on.n
ol.srrsr.l, ns lil.-so two lVioi.<ls jm^.. .1, tli.-iv go " Pinto and Iklodotlis."
•J Joculnilj •■iillitl III!' " ll:ill mid IMafkinlosii Club. "
i
XII
SKETCH OF Tin: LIIi: OF
sion for Miss S. was considerably abated, and with that abatement
vanished the desire of tillinjr a professional chair. In referring to tliis
period, he says, •' I left, college with little regular and exact knowl-
edge, but with considerable activity of mind and boundless literary
ambition." lie had now to choose a profession, and that of the
bar was the one of his ciioice; but in conseciucnce of the res
(ingHftrr. (lomi, he was compelled to abandon all hope of this, and by
the advice of his friends, medicine was the one determined upon.
In order the better to prosecute his medical studies, he set
out for Edinburgh in 1784, which was at this time the resi-
dence of many distinguished men, — among whom were Smith,
the famous political economist; Black, well known by his dis-
coveries in chemistry; Robertson and Ferguson, the historians;
Ilutttm and Dugalt Stewart; together with many lesser lights,
whose names arc emblazoned upon the pages of science and
literature of the past age. Here was an ample opportunity
for the disj)lay of talents of every kind ; and we soon find
Mackintosh iimong the combatants in the field. He became
a disciple of Dr. Brown, who fancied he hud made some new
discoveries in medicine, and defended Briiiionianism with great
zeal. But though the Doctors new tiioories seem never to have
produced any great revolutions in pharmacy, yet the mental ex-
erci.se necessary to sustain his new views, and combat opposition,
made his disciples at least fornii<lable in the war of words. How-
ever, medicine ' never appears to have been a fuvorite study with
Mackintosh, but general literature and the specidative sciences
had for him more seductive charms; and however inconstant he
may have been to the former, he wooed the latter with unabated
ardor throughout a long life,
A few months after his arrival, he was elected a member of
the Speculative Society,- in which were discus.sed literary, meta-
' His nttcndnnrn upon iiUMlical liM'tiircs, wliilu ut Eilinbiirgli, was not ns
regular as a tnu! sou's d)' Ksculapius slioulil liave l)(M'n,and it was laugliin}!;ly
said of liiiii by the students, lliat lio was " an honuninj nicnibur of tlic
class."
* Resides being n mnnlicr of this, lip nlso belonged to tho " Roynl Modi-
rnl " nud " I'iiysiral Societies," in all of whieli bo was an aetivo inenilx'r.
Before tlie " Royal INfediral " ho road an artirb; upon " Interniiltenl Fever,"
and to thu "Pbysiral," "On tlu; Instinct?" and Hispositionff of Animals "
SFH J.\MF,S MArKINTOSII
\iu
physical and political questions. This preseiitcil an opportnnity
{'or the full scopo of his vorsatilo genius, and he innnediately lie-
canie <listinguishcd as an eloquent and acute debater. It was in
discussions here, with a Thomas Addis Emmet, a Wild, a Gillies
and a Laing, that he accustomed himself to take those hold and
discursive views of political (piestions, practiced that close ami
logical style, and acipiired that familiarity with the best writers
of all preceding ages, which is apparent in the productions
of his more mature years. His conversational powers also were
of a high order; and being of an ardent temperament, he in-
dulged rather freely in conviviality; which, together with his de-
sultory method of study, alienated from him s(mie of his nearest
friends, who were fearful that his habits would lead him to un-
happy consequences.
However, in 1787, he received his medical degree, and compos-
ed ui)on the occasion, a Latin thesis, " Dv Actioiii: MiiMulari.'
The ability with which he treated this subject was highly com-
mendable, and excited the wonder of those who knew the imlitler-
ence with which he had attended to his medical studies. Soon
after taking his deirrce, he departed for London, where he arrived
in the spring of ITiSK He took up his residence at the house of a
maternal relation, Dr. Fraser. Among the frecpient visitors at his
house, was a Miss Stuart, with whom Mackintosh l)ecame acquaint-
ed, and for whom he had a high regard. She was a younnr huly of
rt>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<pient guest of the candidate
whose cause he had espoused.
In the latter part of 17S1*, he went to Leyden, where he remain-
ed some months perfecting himself in his medical studies, whicli
he had again resumed. During his residence u])oii the ("ontinenl,
he acipiired a perfect knowledge of the Trench language, and was
not an inattentive observer of the political excitements that pre-
ceded the l''rencli Itevolution. Upon his return to London, he
tnade an engagement with the publisher of the "()racle," John
Bell,"-' to superintend the department of foreign news, which
aftbrded him a splendid opportunity to cimiinunicate his own views
relative to f'oiitinental alfiiirs, besides securing a oood compensa-
tion tor his services.'' lie now abandoned all hopes of following
II (■lll)S(l|lllll(
,r <;
till- Tliii(l>; 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(i<lentu]ly heard that MaeKiiitosh also wiis writinjr a
reply, and sent him tiie loilowins niessajie liy a mntnal friend:—" 'I'ell yonr
friend .MaeUintosh that if he does tiot make h;iste, ni\ work a^tainsl Mnrke
will he piihlisheti ; after whieh, nothing more on that snlijecl will lie read "
• When the " Roflertions" appenreil, Mackintosh ea;;erly re.ad them, and
e(nieeived the hold desi-rn of writing a n^jdy, thongh applxing to himself
iliat wi'll-known line of the jioet —
'• liifrli\ purr, ;il(iMc' iiii|);ir (•(iiiL'ii'ssiis .Vcliilli."
He alwavri had the highest vetn'ration and esteem for Unrke ; which is
shown hy that ronrteons ami resperifnl manner towards him, thronglioiit
the '■^ I'i ndidiv ; " strikingly conirastinjr with the coarse vnl{^«nsnis of Paine.
1
XVI
sKMTcii or Tin; uii: ok
product ion. It was ('uloijiscd by F»).\ and Sheridan, quoted in tiie
I'arliantontary dchatrs, and ijained tlie author as nnich celebrity,
lor a tinu\ as was ever obtained by any publication.' It was, to
the advocates of reform, what Machiavelli's "Prince" had been in
precedinji linu's — a manual, a text book, the expounder of a
powerful party's views.
The folhvwiiiiir opinion of the author and his work, was thus ex-
pressed by the learned Dr. I'arr ; — " Jn Mackintosh I see the stern-
ness of a rei)nblieaii, without liis acrimony; and the ardor of u re-
former, without 1ms impetuosity. Jlis taste in morals, like that of
Mr. Hurke. is ecpially |)ure and delicate with his taste in literature.
His mind is so romi)rehensive, that jreiu'ralities cease to be barren;
anti so My;oroMs, that detail itself becomes interesting. He intro-
duces every <pu'slion wilii perspicuity, states it with precision, and
pursues It with easy, unaU'ected method. Sometimes, perhaps, he
may amuse iiis readers with excursions into paradox ; but he never
bewilders ilieiii by llijrhts into romance. His philosophy is fur
more just, and far more amiable, than the philosophy of Paine, and
his elociiience is only not e(|ual to the ehxpieuce of Burke. lie is
arirumenlative without sophistry, fervid without fury, profound
without ob.scurity. and sublime without extravajrance."
'I'lie sale of the " liinliria;'"' was unprecedented; three editions
siioceediiiMT e;icii other in almost tlie same number of months.
Altiiou;.fli tlie occasion that produced it has passed, and many
i>r 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.<nIlainoi(i
1 Vi.l.' v.. Is. lit, -JU and -21.
(•
W III
•Kr/nii OF Tin: Ln i: or
ir«/7.s." also Mr. llosfoc's Lift' of Lorcmn tic Hfidiii, iind a
Crit'niiio iipoii IJiirke's '* T/i(>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
acknowled<jed to some of his l„uidon friends. The followinj^ let-
ter, written l>y 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)(luin<i, by its own constitiitionaJ
force, tlie luiiludit's wliicii tlmt very force t)f coiistiliitioii hud pro-
duced, is ill itself ii spectacle very ploiisinjj and very instructive.
It is not proper to say anytliin<r more about myself who /mri' hmi,
but ratiier to turn to you who rirr, and who prol»ably will be, and
from whouj the world is yet to expect a ifreat deal of instruction,
and a ifreat deal of service. You have bcjfun your opposition l»y
obtaininrr a <rreat victory over yourself; and it shows how much
yfuir own sagacity, operatinsj on your own experience, is capable
of addintr to your own extraordinary natural talents, and to your
early erudition. As it is on all liamls allowed that you were the
most able advocate of the cause which you supported, your sacri-
Hce to truth, and mature rellection, adds much to your glory."
In 171>7, 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 niin<d outcast : to her
wliatcvcr 1 am: to lur wiiat ever I shall he. In her solicitndf for
my interest, she never, tor a moment, forL'ot my I'eeliiiirs or my
character. Kveii in lier occasional resentment, tor which I hnt
too ot'ten gave jiisi canse, (wonhl to Go<l that 1 conid recall these
moments!) she had no siillenness or acrimony : her t'eeliiii;s were
warm and impetuous, hut >he 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 a<ft' had deprived it ot'much of its ori<r.
inal ardor. I li.st her, alas ! (the choice of mv youth and the part-
ner of my misfortunes.) at a moment when I had tiie ]trosppct of
her sliariiiff my l)etter days. This, my doar ^ir. is a calamity
which tlio prosperity of the world cannot repair. To expect that
any thing on this side of the grave can make it up, would 1)0 a vain
and delusive expectation, if 1 had lost the giddy and thoughtless
companion of prosperity, the world could easily have repaired my
los.s; hut I have lost the faithful and tender partner of my misfor-
tunes: and my oidy consolation is in that Being, under whose
severe, hut paternal cliastisemeiit. I am cut down to the grouiui,"
in IT1M1, haviuir a limited practice at the har, and as a means
of enlartiiiig his income, he amiounced to the puhlic his inten-
tion of delivering a course of lectures upon "The Law of
Nature and Nations,' and made apj)lication to the Uencher.s
of Lincoln's Lui, for the use of their Hall, for that purpose.
Party spirit was still rife in all ranks of society: and these
notahle Benchers, fearing lest they should he the means of
perpetuating Jacohiiiism, stoutly demurred to having their Hall
prostituted to such an ignoble purpose. Pitt and Canning endeav-
ored to (piiet their apprehensions and alarms, but to no purpose;
and the interference of Lord Chancellor Loughborough, at last put
silt JAMF'.S >f \( 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 <iiii('tii< upon tlioir (ili-iiii;ini'\ . hv ordfrin;.' tin- Hall to lie (ipcMirtl.
The plan marked out liy Maekiiito^li lor the eoiirse ot" leelnres,
was indeed vast, and woidd never havf heeii undertaken exeept Ity
a mind conseions of its own Itonndless powers, lie had tjiven the
snhjeet iimeli attention het'ore suhmittinir his plan tt) the world :
and npon the pni)ii('ation of the IntnnhntDri/, it was evident that
he had laid every department of literature under eontrihution, to
emitellish and adorn this most valuable department of law. With-
out descendini: into the minutiii,' i>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<l presented them ni a mo.-t attractive form. " What was intri-
cate, he disentan«il(il : ht> coiifirmoti wliat was donhtful : end)ellish-
eil what was dry; and illustrate<l what was olisciire. Like tiie
splendor of the iroldtn honjjrh that Wore the Trojan hero thrtuicrli
the darksome retfions of the nether realms, the luminous ^rlance of
his uennis iiarled tliri)Mi;li all the branches of the tree of knowl-
edge, and trilded, with a new liirlit, every leaf u|)oii which it
shone : "
"Aiiri;ii|u.' iiigfiiii ]irr r;iino< aura ril'iiUit. "
Never was a course of lectures graced with a more distinguished
auditory, ("ommon'^rs and peers, lawyers and nonprofessionals,
students of the Inns of Court, all crowded to Lincoln's Inn Hall to
listen to this L^reat CNpouiiiler of International Law. The cour.sc
occupied thirty-nine lectures: and to tiie L^reat regret of every
body, only the Introductory Lecture was ever prepared for the
press.' He delivered them principally from m>tes, 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<l liimsclf l)y tlu; ixliiiinition tlioy oxci-
IimI, lie Inst ti'ur as wi-ll as prmlciicc — dared ovt-ry tliiiijj — ciirrit'd
i'Vtry lliiiiix liflnrc him. Tlif imidcrii pliilnsopliy, c«Hiiil('rscar|»,
uiilwiirks, tiladt'l and all. till without a Mow, hy ' tli(> 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 go<ls,' but
hewfd theiii as a c.ircass lit for lioinids."
I ha\e mil willi l>nt 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 .■<liall not set out with the .'issninp-
imn that all the wise men of the world have been hitherto toilinjf
to build u|) an elidxirate system of folly, a stupendous edifice of in-
justice. As I think the contrary presumption more reasonable aa
well as more mode.<t, 1 .-hall think it my duty to explore the c<ides
of nations for those treasures of rea.'^on which iiin<i have been de-
posited there iiy thai vast stream of wisdom, which, tor so many
a^cs, has been Ihnvinif over them. Such a philosophy will be ter-
ri
hie t
o none of my hearer
i;
mpirica
1 slat
esmeii have despisec
d
science, and visionar;, specu! itors have despi.sed I'xperience ; but
' e who w;is both a |ihilosopher and a statesman, has told us, ' Thi-s
< that which will indeed diirnify and exalt knowletliri-, if conteni-
lation and action may be more nearly compared and united than
ley have hitherto been.' 'J'Ik se are the wdrds of Lord Bacon;
,>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 leiiruin<r. I siiail not speak of the necessity of recurrinu; to
the best models for the formation of taste. When any modern
poets or orators shall have <'xcelled llonn-r ami Demosthenes, ami
when any cousideralde number of uidett'Tcd modern writers (for I
have no concern with extraordinary exceptions) shall have attained
eminence, it will Ix; time enouirh to discuss tin- (piestion. But I
entreat you to consider the connection between classical learning
and nu)rality; which, I thiidi, as real and as close as its connection
with taste: althouirh I do not find that it has been so often noticed.
If we were to devise a mi'thod for infusing morality into the tender
miiuls of youth, we should certaiidy not attempt it by aro;uments
and rules, by definition and denions^tration. We should certaiidy
endeavor to attain our object by insinuatinif morals in the disjiruisc
of history, of poetry, and of elotpience ; by heroic examples, by
pathetic iiici'lents, by sentimenis that either exalt and fortify, or
sofU'n and melt the human heart. If philosophical inirenuity were
to devise a |)lan of moral instruction, these, I think, would be its
outlines. But such a plan already exists. Classical education i.s
that plan ; nor can niodern history and literature ever be substitu-
'■-**
XXIV
sKi/rcH or Tin: i.iri: or
ted ill its stead. ISIodorii exaniplo can never iiiipiiiit on the yoiitli-
fiil iiiiiid tlio frraiid and aiiliioritative M-iitiiiieiit, tliaf, in tlio most
distant ages, and in states «)t' society the most unlike, the same vir-
ln(>s 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<t, and lh(> 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|iitie<l, wiiicli, as ships,
pass through the \ asi ,-eas of time, and make ages so di>tant, par-
ticipati' of ihe wixlom, illununation^, and mvrnlions, the one <d"
the other I ' Alas I gentlemen, what can I sa\ that will not seem
Hal, nnd tame, and uiMpid, after this divine wisdom and divine
elo(jueuce '. liul this great commerce between ages will b»! broken
tmi JAMKS MACKINTOSH.
XXV
yoiUll-
most
iiir vir-
rtue of
.ercnce
char.ic-
i\ii(l oi"
Is tbcm
Its, they
(inction
> 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<l luia. 'I'hr trial cam.' on before Lord I'Jleiiborough : and
an immense crowd assemble.! to b am what disposition would bo
made of the otbuidiug Frenchman.
The counsel bir the defeudant was eminently (pialiiied l!> 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.<t specimens of foren-
sic oratory. It b •% h"ue\cr, by some, been complained of as be-
ing to., discur.ivr, aiel too liighlv wrought for iheoccasi..n: and
li~m others, it hasreccivt-.l the highest encomiums.-^ It was trans-
ca
r(
, ,1 I,.,, |„,,.„ ,.nil Ih:'l Ins |.iarli,T uas aKvays bum. <i ; liul w. l.'.-nai
,•,,„„ ||„. in.-l MiM|U, ^lh.l,:ll.i.• aulh.ailv , llial .huing his la>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<i:i
Willie III I'Mli'
lii StacI lliiK
(' I -I (Ian
|ii alv^ nl' ihc jrnat ri)ii~(]laliii|i it iilliii-dcd iirr
(1 - juiir- iiiauc u\ i|iic jr riM Us Ic |ilai(|ipMr dc
M AlaiMiitn-li, la |c Ills < I- jiaixrs uii il I'ait Ir |iiii'|i'ai| <| nil Jiir'nhiii, ijiii'
> 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'|i<iiidiiil a iiioii
ami', nil' sriiililuil dr-i inilui' ihi ml — clli' \ ciidiI d iiii (lav." lilin
.'Inui'A.i il' I'.sih
l)t
^
SIR JAMES IMACKINTOSn.
XXVII
lie re-
u«rlu>iit
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<f to ro-
cei\(' the sentence of death, had liniiished themselves with knives,
and resdlvi'd to sacnlice the seiileiicer : Imt their intention was
intisi opporiiMU'ly discovered, and the Coinl t<u)k occasion to make
to them this rl(i(|nenl address : —
" It has been my rat(\ in this place, to be obliijed to justify llie
lenity, rather than the severity of the penaltie> inllicled here. I
thndi. it is likely to contniue so: i'or I have more confidence in the
certainty, than in the <e\eritv t>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 <liity would allow me to pronounce
on yoii, when I learned, from undoubted authority, that your
tliou;.dits towards me wire not ol' the >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 <lis-
i miiii-li'i' ot
mill slaiidor,
,1 ; and 1 sol-
crjooiiw and
-cts, tli:iu ro-
:aiiisl myscir.
oiiwht of \oiir
111.
As ii Vico-Adiiiiralty Jiidfrc, his docisioiis wcro govoriK'd l»y tliiit
hiirli and liboral policy which iulluoiiccs the judiriiu'iils of tlioso
dooply iinhiiod with correct views of iiiternalioiial law; and he
claimed the same indopeiideiice tor the Admiralty, astli(> 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 <oll,Mr.', In rc-dt livci-f.l liis (diirsd of Li'Ctiirus
iiiK.ii llic "Law orNiilui-n mill Nal'MHis."
•-■ TInrr w. r.' Mii.n- thiin ;i limnliv.l (ilVnu^rs, nl that lime, wiiirii (lie laws
nf |-,ii-lan.i .I.tImiviI w.iv puni.lial.lc u illi dralh; nixm twenty ..f wiii.li,
only, that piinislmicnt was cvi r iiilliritd.
\\\
sKi'.Tcii or Tin: 1,111: or
»'(llv coiicliulc )li;it llit'v "iTf a iiJitioii »il' ]»arl»arians ; tliat wo were
MaMiifr III iiiir llircals, aid yet wore I'ccltic in our cxociition of |)uii-
isliiiifiils ; that we cIm (-islicd a svslciii wliicli in theory was odious,
1)111 which was iiii|)ot(Mit in practwic Iroiu its severity: tliat in rases
(il" hiijh treason, we involved iniioeeiit eliildren in all tlie coiise-
t|iiences ol'iheir I'atiier's o;iult : that in cases ot" eorriiption of blood,
we were even still more cruel, piinishiiitx llie oUsprinii; when w(^
could not reach the parent : and that on some occasions, we even
proce(>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 e<iiial barbarity, siioiild we
not cry out witli tlie Syrian of old, ' is thy servant a dog, liiat iio
should (h» tliis thinjr !' But let us h>oii 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 <loes he incur to all those who may suiVer from the blow he
has struck against the healing arts!
" I should be most painfully perplexed, if I thought myself, in
this case, reduced to the sad necessity of choosing between the
means of relief to l)o(iily sutVering, and the discipline which culti-
vates our moral feelings. J iun not among those wli(» underrate the
riles of sepulture; still less the regard for the remains of the dead,
which has promi)ted mankind, in every age, to hold tlio.se rites
sacred. 1 believe that such a regard is indisi)ensable from alVection
towards the li\ ing. As the ciuinibal feeds his ferocity by vindictively
devouring the llesh of his enemies, so, it seems to me, funeral honors
may be said, in some measure, to return and replenish those sacred
XXXIl
.sKi'.TCii OF Tin; Lil'i: Ol"
fountains of kindiicss ;iii(l compassion from wiiii-li tln'y flow. Rut
I will not lu'lievo tliiit tlio inor.il iMiltnro ol" m:ni is ;il variance willi
his Wodily welfare. I am convinced that inqniry will discover
means, sanctioned l)y llie e\j)erienc(> 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(<ans ol' instruction in the
medical science: hut that a ntiseraltle reMtiiant niii~t still i>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
•<l access
e<l. Tor
a mass ol
attention
Jive l)eeii
• (hat tlic
, in wliidi
•ral litera-
rrave witli
|>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<h a man's talents were to be estimated. Jiiit if all writers had
written wilii hi> 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(.<Nitc's. Mr. Ilallam and .-^ir James Mack-
ililosh, tilolic', are eiililled M he eiilled jtldiies. — .'»f«(■fl^//'■;/•
" I sc.ireil v know two volumes, I'roin which, considering their depth of
ihoughMhe siuitdesi mind will !)(- .ipt to r^irry olY more instruction, nor
from which the most instrucled minds, if I iniiy judge of such a mental class,
wniild l>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 lia<l
••iillcd llic tlmici'si llowrrs. wliiili u« re rnj-iilarly classilicd in tlic
mind's licrbariiini, and coidd Ix'ca-'dv rctcrrcd to upon any desired
ofcasion. Indeed, his nieinoiy was wondi'riid. .\nionif the elassie
anlliors, ( 'icero was liis favorite: ulioni lie had almost literally eom-
iniited to memory. Tlii' I'.iiLdish prose writers, for whom he had
tlie ijreatest fondness, vvere Lord IJacon, Hooker, JMiltoii, Locke,
llarilev. Harrow, .lenniy Taylor, Swift, Addison, I'aley and
IJurke.
As a i)oIitician. he iiewr sulVered himself to he (•arri<'<l away with
parlv zeal; hnt was irindtd liy a eool and deliherate jndijrment, that
coin ineed every one ol his intcL^rity, and rendered his support of
a measure peenliarl\ desirahle to Ins |tolitical frien<ls.
" If he liiid lieen arroifant and jrraspinir, if he had been faithless
and false, if lie had been always ea^er to strangle infant ireniiis in
its cradle, ;dways ready to betray and to blacken those with whom
ho sat at meat, he wonid have passed many men, who, in the
coursi' of his lonu life, have passed him; bnt, without sellinij his
soni for [Kittaire, if he oidy had had a little more prndenee for (he
promotion of his interest, and more of annry passions for the piiii-
islmient of those detractors who envied his fame and presumed n|)on
liis swi-etiiess, if he had been more aware of his powers, and t)l'
that sp.ice which nature intended him to occupy, he would iiuve
acted a threat part in life, and remained a character in history."
A
s a parliamentary <
lebate
lie w
as of the hi'Miest cl
iss
II
IS
talent was not that of ridicnh
e.\cite a roar from the lol)bii's.
and sarcasm, calculated to
and perhaps sway the voti-s
of a few thouiflitless meiiiliors, luit ol' the urave and deliberative
kind, adapted to important measures, that re<iuire de|)th of thoiijrht.
ami
^airac
iiv "f iiidirmont, to irrapnle wii|
1 and coiKitier
11
e sei
(loin spoke without a tlioroiiirh knowledirc of his subject, and then
not to the house alone, but to the world, lie has been censured
for beiiii; too philosophical in his speeches, for siiootuiLr bev<^nd the
cajiacify of a common arm, for usinir artillcrv wlu n small arms
would have done siitlicieiit execiilinii: but this has ever been the
coniulaint
)f a certain c
wlio
;im
li'f
htl
v over suli
\VC\!
ixainst those who fathom and iiia>ter 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 <rreat candor those writers who diiler i'roin him; and
as it respects tho historical |)\rt of his lucid, vigorous, and ornate
J)issertation, there can he hut one opinion. It is to he regret-
ted that he ever connected himself with ]Militics or parties, which
consumed so ^reat a ))ortion of his m.iturer years; durin<x which
time, he miirht have produced soiiieihin|tr more worthy of liimself
and all future time.'
As a kind and airectionate Imshand, as a jfood and a virtuous
cili/en, as an encoiiraper of talent in the aspirins yomiix. no man
ever surpassed the suliject of this sketch.
"Sir James Mackintosh was in per.son well made, and above
lilt middle stature, ile was reixiilarly handsome in his youth, and
even in ihv decline of life ; and under alllicted health, was a person
of prepossessing and comman(liiii| ajipearance. His countenance
iiad a chanceful mixture of gay and grave expression, a shrewd-
' Moriil I'liiliisopliv lie Ii.-kI alwiivs stmlicd willi frrcal cntliiisiasin. —
" Mai l<iiil(i,--ir.-; f^cimis uiis licr^t mlajilcil ((ir iiii'ta)ili\ sii ,il sjk ciilMiiiin ;
.iiiil if lie had I'lidsiii Moral l'liiliis(i])liy, lie wmilil jirnlialilv have siirpasscd
t'Vfrv living wilier.' — llnhrrt Hull
' In lii-j (li rlininfr viars, lir hilli'rlv r(|iriiarlic(t liim.^rlC fur linvin;; nnpng-
irl in nniltil'arious pnrsiiils; ;iii(l ii|i(pn hi* indnflinn intn tin' oflicc ot'ltcitnr
iil'llif I'nivcrsilv (i|'<;ias<rri\v, '• lir warncil llu' stndiMits against tin- pfrplox-
itv "I" nianiliild rni|dnvnu'nfs, 'nt' .'.:^-tly rcinnnnenilf il iIip rnntontrntion
ol'tticir iniiid* upon onrnr nrir cirat nl)|prt
\\\M
ski:t( II oi rin. i.iii; oi m ACKiMnMi
iii'ss ooiiibiiicd witli siiiivity, tliat lici;xli<<'i>*'<l ^nxl ix'torilrd witli the
cliarin of his coinirsatioii."
lie liad, lor mail) vcars, lalxircil iiiiiirr an alii ctioii of the liver ;
hut the iiMiiKMhati* caiiM' ot'liis (lc;ith oriiriiiatcd in an accidtMit. Onr
dav, \\liil>t at (hiint>r, hr •^wallowed a small rra;,Mncnt <it' a cliickcn
h(iii(>: whii'li, with soiiit' (lillKMltv was removed: |irudii«-in<r a sliirht
laceration in his throat. 'I'lii > >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 w<irid.'
'I'hus died an accomplished orator, an impartial jndirr, a pro-
foiltid inetaph\sici;iM, a iirilliant scholar, mid a christian. In ro-
xiewiiii; his life, wi- discover an inilividual risinir from the hiiinhler
walks of societv, without fortune; resolutely hraxiiiir in early
years the sea ol adverse circumstances, hut ever iruided hy the
highest morals aixl most ennol)liii<r Miitiiueuis ; who attained tlie
proudest seat amidst " I'ln^land's intellectual |>eeraire ; ' 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 |ir<if<iii(l rt plii-
losop|ii(jii(' ; la {iii'is|jriiii('ii( r iiii n |i>rin: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, mi<iht
not ouly pro\(! a most useful introduction to the law of
Fnirland. but miiiiit also become an int<,'restino- j)art of
aeiieral study, and an important branch ot" the educa-
tion of those |)ersons who were not destined for the
])rofessiou of the law
u
as confirmed in my opinion
by the asseuT and ap(>roi>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 <rror. I', ncou railed bv that
approbation, I resolved, without delay, to bi'^dn the
course of leeiiires, of which I >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<l to
lixed and ixeneral rules. It considers oidy thosi; oeneral
principles ()[\iiirisjnu(lni(r and politirs which the wis-
dom of the ' nviiivcr adapts to tlu; peculiar situation of
liis own coiintrv, and which tla^ skill of the statesman
applies to the more dnctuatinu and infinitely varyiiiif
circumstances which allect its immediate welfare and
safety. "For there are in nature certain fountains of
justice whence all civil laws are derivc^l, hut as streams ;
and like as waters do take tinctures and tastes from thi^
soils throu^ih which they run, so do civil laws vary
accordinji to th<> re<j[ions and i>overnmenls where they
are planted, th<m<ih they procetMl from the same fonn-
tains." ' — liHroiis l)ii>\ 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<rulatc the
relations and intercourse of states, and more especially,
on a<'count hoth of their iireater perfection and their
more innui'diate reference to use, the laws of that
intercourse as tliev are moditied i)y the usajres of
the ci\ ili/cd nations of Christendom. Here this
science no lon<ier rests in <i;eneral |)rinciples. That
province of it which we now call the law of nations,
has, in manv of its parts, ac(|uired amonj); our Euro-
pean nations, nnich of th«.' ))recision and certainty
of positive law; and the particulars of that law are
chielly to hv tound in the works of those writers who
have treated the sci<Mice of which I now sjieak. It is
hecause they have classed (iFi a maruier which seems
peculiar to modern times) the duties of individuals
with th-;se of nations, and estahlisluMl tlieir ohli^ation
upon similar irrounds, that the whole science has been
<-alled '• The Law of \atur(; and Nations."
WhetlKT this appellation he the happiest that could
hav(> Ixcn chosen for the science, and by what steps
it came to he adopted am<ui<r our modern moralists
and lawyers,' an; in(|uiri(>s, 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<rc into its parts, thouLdi it may often
perhaps he varii'd with little disadvantaire, yet depends
most certainly upon som(* fixed principles. 'V\w mod-
ern method of considcrin«; individual and national
morality as the subjects of the same science, seems to
me as convenient and reasonable an arrangement as
can be adoj)ted. 'The same rules of morality which
hold together men in families, and which form families
into comnu^nw ealths, also link together these common-
wealths as members of tlu; great society of mankind.
Commonwealths, as well as private men, arc liable to
injury, and capable of receiving benefit, frou! each
voc;itiirf|ii(' jus ficntiiim.' ' D i. i !V I5iil llit'v soinctimos iii'ffloct lliis siili-
tic (listiiK'tiiiii — ''Jure tiMluiali ijikhI ;i|)|)( INiIur jus iii'lltiiini. '^ \. '2. I. II
Jus I'ciidli Wiis llic Kwiii.iii ti nil liir "\\v liiw nl" iiiiliuii.-.. " r.clli (|iiiil('iii
ir(|iiitiis siiiiclissinic |)(i|iiili Rmii, I'iciiilr jure |)i'i~iripl;i ('<!. " ■' ( Ml', i. II. Our
li'iiriK'd cix iliiiii, Zniirli, li;is iicciirdiiifilv riilillcd liis work, " Dc Jure I'i'ciiili,
sivc (Ic Jiirc iiilir (iciili s. ' ' Tlir ('liiiiicclliir I)' A<;iU'ssfini, [iroliiilily witli-
iiiil kiKiwiiifr lilt' wiirk of ZimhIi, siifjircstril tliiil this kiw slimild lii< called
" Droit niirr Ifs (Inis," •> (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« ))rp<!rrihr(1 by tile
fecial law.
(4; t'poii IhP Fecial, or intmmtinnal lau ,
{."0 Inlernatiiinal I.nw.
46
DisroT'Rsr, ON Tiir, .-tidy or Tin;
otlior ; it is, tlH'iTlon', tlu^ir interest .h well as their
duty to reverence, to practise, and to (Milorco tlios(;
rules of justice w liicli control and restrain injury,
Avliicli reiinlate and aULnneiit benefit, wiiicli, even in
their }>resent 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<ler this riill. mature, and perrect
idea of its hiiih oriiiin and transcendent (h<.!;nity, lias
eall(>(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 <feniiis, in th(^ display of
the heantv and niJijesty of this sovereign and immntahle
law. It is of this law that Cicero has spokf'ii in so
manv parts of his \\ritniLi<. not only with all th«> sj)len-
dor and copi<jusness of elocpu'iice. hnt with the seii-
sihilitv of a man of virtne. and wilh th«' gravity and
comprehension of a |)hilosopher.' It is of this law that
' '• I'.st <|iiiclc'in \ c TM \v\, i-iclM r.iliii. iiiitiiiui rinii'inf iis, (lill'u<:i in oriiiics,
(•(installs, sciiijiilc-iia, (|iia' v((i( I ad (itiiiiiiiii |iilicii(|ip, vctaiidn a I'imikIc dctcr-
ri'at,(|ua' taiiicii n('(|Ui' prdlins Iriislra jiilnl aiil vi tal, ii('(|ii(' iiii|iri>liiis 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.<iii iiiiiint (I i\ ali|iii' lim- iji>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' lrau<l : iiritliir ilm^ ii i iiiiiiiiaiiil (ii |ir(iliiliit
tilt' \ iitiiiMis III vani, iiiir aniiisi ilir iiiiiiiiiral lis ll^ Mininlinii- In um it ails. It is iiii|iii>iis 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> iii<lit;.'ilhins, ll iliii ~ nut niinirr nii cxiMiiiml
(r nr iiilir[iri'ti r. ll will nut In inir lliiii!.' at Ituiin , ami am.lliii at \tliriis ; iiiic law now,
anil a ilillirrnl unr licii'alli'r ; Imt it is llir •<aim i ii rnal ami inuulaliU' law , llial coiniitrlii'mls
LAW Ul' NATLKi; AM) .NATIONS.
49
Hooker, in a stniiii of sucli .sul)limo oiitluisiasm, thus
spciiks : — " Of law, no less can ho siiid, tlian tliat her
scat is tlio hosoni of Ciod, her voice tlie liarinony of
th world; all thin^rs in heaveji and earth do her
hoinajre, the very least as teelinu her care, the (great-
est as not exempted from her power; both impels and
men, and creatures of what condition soever, though
each ill dillereiit sort and manner, yet all with uniform
consent, admirini; her as tin.' mother of their peace and
joy." — ilcrlcs. I'o/., hook i., in the conclusion.
Let not those, who, if 1 mav use the lanjruaijc of the
sam(^ Hooker, '-talk of truth," without "ever sound-
inj^ the depth I'rom whence it spriiiiioth," hastily take
it for jjjranted, that these u^reat mast(;rs of eloijuenco
and reason were led astray by the specious delusions
of mysticism, from the sober consideration of the true
grounds of morality in tin; nature, the necessities, and
the interests of man. They studied and taught indeed
the principles of morals ; but they thought it still more
necessary, and more wise, a much nobler task, and
more becoming a true philosopher, to inspire men with
a love and reverence for virtue.' They were not con-
' "Age \ero urbibiis ronstitutis uf fidcm colere et justitiani rctinerc dis-
crrfnt I't aliis pnrrrr sua voluntate cousiicscerent, ac non niodo labores ex-
ripicndiis roinmuiiis cnmmotli raiisa sf>il 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!^iuLi<s:i: O.N Till: !<TiDV or Tin;
tented with eleineiitiiry .<|H'(til;iti(>iis. 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\<Mtions of their mind to spread
that JHMiefuent eMthiisiasm amoiiji men. I'hcy con-
secrated, as a lioma«ie to virtue, the most |)errect fruits
of their jifmus. If tlu'se Lrraiid sentiments of "the
•jfood and fair." have sonietinu's prevented them from
dchvorini!: the priiieiplrs of ethics with the naki'dness
and drvne^s of science, jil least, we nmst own tliat
thev have chosin the better part; that they have pre-
ferred the: jiractical henefits of virtuous feelin<r, to the
speculative curiosities of moral the(>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)assa<j;<'s which are scattered
over tlu^ writinp^ of philoso|)hers, historians, poets,
and orators. When I am led hy the course of these
lectures to examine more fully the <^overnment and
manners of the ancient world, I shall he able, perhaps,
to oiler satisfactory reasons why that ])art of moralitv,
which regulates the intercourse of states, did not
form a separate and independent science amon^ these
enli»fhtened nations. It would re(|uire a lonir dis-
cussion to unlold th(^ various causes which united
the modern nations of Kurope into a closer society ;
which linked them touether hy the firmest hands
of mutual de))en(lence, and which thus, in process
of time, <j;ave to tho law that reuulatod their in-
tercourse ijroater importance, hiiiher improvement,
and more hindinj; force. Amon<r these causes we
may enumerate a conmion extraction, a common
religion, similar manners, institutions, and lantrua-
ijes ; in (>arlier 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; .<Tin>v or Tin:
cultivation of scionco, and, above all, that <jonoral
niildiioss of charnctor and manncMs which arose iVoni
tlio coinhint'd and proiiTossivo iiiHiionco of chivalry, of
coinuiorcc, of learniiiir. and of rcliiiion. Nor must
\vc omit tlu> 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[<Mn of municipal law. The
labors of the learned accordiiiLdy beiraii to be directed
to this subject in the sixteenth ccMiturv, soon after the
revival o\' learnin<r, and after that reonlar distribution
of power and territory which has subsisted, with little
variation, until om- times. The critical e.vamination
of these early writers would, jM'riiaps, not be very
interestiiiir in an extensive work, aiul it would be
tmpardonable in a sluu't di<coiii>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 n<so we
may perceive the iiiotlrctua! attempts, the partial ad-
vances, the occasional streaks of lijiht wiiich alwa\s
pre'c<>de 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<Tress of any scienc(>, 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, <lic|;ir('s \hn\ In-
kiKiNvs ii.illiili;^ wliicli .■i|i|in.iulii- -M ihiir luilir iim||ii>,I ;iiii1 i)rril<i<iii of
a:i'"lili'try MS flic Hiiiii;iri l,i\v, — Op. I'Hjl. i\. |i. 'ir>).
■•' 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:<h lirnmess, and a theolo-
gian who was tauiiht candor by his learniuij;. With
singular merit and sinifular felicitv he preserved a life
so blameh^ss, that, in limes of the niust furious civil
and reli<rious faction, the saifacifv of lierce and acute
adv»'rsaries was vainly exerted to discover a stain on
his charact( r. Jt was his late 1<> 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'<r|(>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 <frow out ot"
tin' (piestions which he is calk'd upon to decide. It is
a iiecessar\ conse(|nence ol" this disorderly method,
which exiiihits the elements ol" the science in the form
ol" scattered diirressions, that he seldom employs sulii-
cient discussion <»n these rmidamental truths, and
never in the place where such a discussion wcjuld be
most uistructive to the reader.
This ilelet't in the |>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<ct with sound sense, with clear
method, with extensive and accurate knowhidjie, and
with a copiousness of detail sometimes inrl 'ed tedious,
Th
li|ii hull ll^illll-l iIm' llirll|(
if ( ilullll- i- -liltl'd
ll> 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 (lero<rjite from the real
find jxi'oat merit of so useful a writer as Putfendortf.
J lis treatise is a mine in which all his successors must
dij?. 1 only pn^sunn^ to suirijest, that a book so j)ro1ix,
and so utterly void of all the attractif)ns of composi-
tion, is likely to rep(>l 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<i<>, 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 a<i(; must
he taught in its own laniiuaue. If a man were now
to hegin a discourse on ethics with an account (sf the
''■ tnural entities" of PiitiindorJi",' Ik^ would s|H>ak 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<iiiiirr 1 uiisist-
oit will till' most jiist |)liilrisii|)|iy llr> 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
<iiii
LAW or NATLKC AND NATIONS,
Ul
It is not, howovor, iilone us ;i more trfinslntioii of
former writers into modern lunoiijiir<', that a new
system of public law seems likely to be useful. Tbc
a<;e in which wc live, possesses many advantaires,
which are peculiarly favorable to such ati undertakinir.
Since the composition of the great works of Cirotius
and Purt'endorlf, a more modest, sim])le, and intelli^ri-
blc j)hilosophy has been introduced into the schools ;
which has, indeed, been grossly abused by sophists,
but which, from the time of Locke, has been cultiva-
ted and improved by a succession of disciples worthy
of their illustrious master. >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 <hscaso.
P()|)nlar reason can alone correct popular sophistry.
JN'or is this the onl\ ad\antaL!<' which a writer of
the |)resent aufe would possess over the celehrated
jin-ists of the last century. Since that time, vast addi-
tions have heen nnuh- to the stock of our knowled<fo
of human natur<\ Many dark periods of history liave
since heen explored. Many reunions of the i![loh(%
iiitherto unknown. Iia\e heen visited and descrihed
hv travellers and navigators, not less intelliiicnt than
intrepid. We niav he said to stand at the cojdluence
of the iiTeat<'st innnher of streams of knowledj^e, How-
iiiijf from the most distant sources, that ever mot at
one point. We are not confined, as the learned of
the last aL^e (renerallv were, to the liistory ot tlioso
renowned nations who are our masters in literatiir(>.
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<iible rude-
ness of the Ottomans, inca})abl(; of improvement, and
e\tintiuishin<r th(.' remains of civilization amon^ their
unhappy subjects, once th(> 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(<ling
accdiiin (if llii'ir cliMriirlrr iiiiil sitiiMliiin, wliirli li;is hi in iiitcly hiid hrliiro
till' pnlilii' ill "Till' .Mi^-ioN\Ki \iHM,i: ;" an aciciiinl wliiili has llir
stnni^ii'st iniirks of iici'iiratv am! anlhcnliiity, and \vliich, as it was liirivcd
iVom inliinalr inti'iTdiirsc, innsi far nnlui'ijrji the liasix and sii]ii'rli<ial olisir-
\allons III" |)ani'<r\risls, \\ iin ajlmsril ihrlllsidvrs no Slllliriilit tilllr citimr In
jiain Mccu-atr inforiiKition, or to lot thr lirr-t riilliiisiasin, rxi'ilrd h_v novrlty,
siih.sidf.
lit
iiiscoi i!sr. (».\ iiir. !^ri u\ <>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|)l<s uhich are the
•guardians of human society, re<'oniiised and rinered
(\vitli lew and slight e\ce|)tions) l)\ e\<'r\' nation upon
earth, and uiiironiily tiiiiiiht (with exceptions still
lewer) h\ a succession ol" wise men I'rom the first
dawn of s|)eculation to tin- present moment. The
exceptions, few as the\ are. will, on more rellection,
he iJniiid rather apparent than real. .\a\, if we cfHild
rai>e ourselves to that heiL''ht from which we oiiiiht to
siirvcN so \ast a suhject, these <v\ceptions would alto-
•fether vanish; the hnitality of a handful of sava»ies
would disa|)pear in the immense pros|)ect of human
nature, and th<' murmurs ot' a few lic(Mitious sophists
would not ascend to hreak the *ieiieral harmony.
This consent of mankind in first principles, and this
<>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 ii<fo could hiivc siippliod tiicts tbrsiicli
a work as that ot" .MoiitcscniicMi ? lit.' in(l«M'(l lias Ueeii
(•.liartr(!(l, and it may he justly, vith ahiisiii<r this advaii-
taijfc, hy iiuliscriiniiiatc'ly adoptinir the narratives of
travellers, without duly estiniatiii;.' their accuracy and
veracity. IJut if W(! reluctantly confess the justness
of this ohj<;ction ; if we are compelled to own that ho
exaifjj;erates tin; iriHuence of climate, that hv ascrihcs
too nnuh to tin* foresight and forming skill of legisla-
tors, and far too little; to time and circumstauccs, in
the ijrowth of political constitutions ; that the suhstau-
tial character and essential dillerences of <rovernments
are often lost and confounded in his technical lan-
ifuajjfe and arranii;ement : that he often hends the free
and irreirular outline of nature to the imposin<f hut
fallacious «,feonu>trical 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 advanta<xe over
his j)redecessors. More important and terrible in-
strnction has of late been condensed within the short
compass of a tew years, than in the nsual conrse of
hnnian all'airs is scattered over the history of many
aijcs. M(Mi's wit, shar|)ened b\ their passions, lias
peiutrated to the bottom oi almost all political (pies-
tions. I'nfortnnately for mankind, even the fnnda-
mental rnles of morality themselves, have, for the first
time, become the snbject of doubt and discnssion. I
shall consid(^r it as my duty to abstain from all mention
of th(>se 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 fore<r()ii)(r reflections, it aj)pears, that.
' Ks|i"(iiilly lliiisi' (liiii.lrr.J of IIk; tliiid iid.ik, ciititlid, Tt iiipi ill lilt ntli III
riirii (iipliriis,^ \i . \i .
(I) Moil l.ltlnli III |i ■; inl 1.1 IHI^olM |,,
LAW OF NAT! Ill; AM) INATlONri.
67
tliat,
since tlic coinj>osition 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 t<wil<)ltl l(>rce. His abri<lif(M-,
Vattel, deserves, indcrd. considerable jjraiso. Il<^ is
a very inj^enious, clear, elenant, and useliil writer.
lint he only considers one part of tliis evtensive sub-
ject, namelv, the law of nations strictly so called ; and
I cannot help thinkinti;, that, even in this d(>i(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 <lis-
.•i|>|ii-iili;i|iiin <>r '^iiiiif |iai-H 111' \';illil ; limii'ili I inijiln li.ivi' |Ms<i(li'c| niiirc
68
Disrorusr. on tiik stidy of tiii:
ciency in tlmt fiilnoss of oxninpln and illnstnition,
which Ko nuicli onilu'lhshrs and strciii^'thons reason.
It is liardly nocessary to lake any notice of the text-
book of Heineccins, tlie best writer of elementary
books, with whom I am ae<|nainted on any snbject.
Burhnna«|ui is an anthor of snperior merit: hnt ho
conlines liimseH' too much to the ireneral principles of
morality and politics, to r(>(|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 <rratitu<le for the instruc-
tion and pleasun^ which I have received from that
excellent writer, who possesses, in so eminent a de-
«jfrce, those invaluable <|ualities of a moralist, <rood
sense, caution, sol)ri(>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<l
him to disdain the osteiitatioii of uoveltv, has, |)erhaps,
lost some part of that reputation for orii;iuality,"; to
wliich Ik; is justly eiititN'd. and which he mii,dit so
easily have accpiind, if, instead of bleiidinif his own
reasoninirs with the bod\ of received opinions, he had
dccisivi' ncnsiirr l)\ llic .•uilhunty i.C tiii' <:ir;ilcst I,i\v\it< ot" llir in-i'sciit iific
Ills |iolilii's ari' rmi(l:iiiiiril:illy irrni iis ; liis (|irl,Miii,iliiiiis iiic often iiisijiiil
iind iin|)( rtiii.iil •■ .md li(> 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]iliiMii<l;i rsl nobis, caqiic ah homivis rrpctrnihi,
vdliird} — Cir. ilr Lff^. lili. i. <'. "t.
( I ) I'or I aji) to rxpl.iiii llic iialinc d' law, ami that iiiut^t lie Houplit fur in llip rotisliliiliMii
i>r man.
DisroiKsi: <iN Till'. s'ni>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 bein<r modcMii,
is, in fact, as ancient as philosophy itself, both from
j)lausible objections, and from the odious im|»utatioii'
of supj)orting those absurd and monstrous s) stems
which have been built upon it. lieuelicial tendeucy
is the toundation of moral rules, and it is the criterion
by which we are to try those habits and seutim(>iits
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 ou<iht to cultivate
in his own mind any dis|)osition of which the natural
fruits are not such actions as conduce to its own well-
beinfr, and to that of his fellow-men. Ttility is doubt-
less always the ultimate test of lla; soundness of general
rules, l)ut it can very rarely be the direct test of the
morality ol single actions. It is also tlu; test of our
lull' iii2 niciii-i trait liy Mr (in rii, ciiliilril, " An r.iii|iiiiy IiiId llio
'ladinj; l'riiici|)lc i-I'llir iii'w S\-|riii I'l' Ardi'uls."
-' Or, to use tile l:iii;;iia;:c of Cii nu, iimIcs:; il lir iidaplc
MAliNVM II. I. AM ^iKMIVn.M I.IM.Iil-- IIIM^M."'
(I) 'I'd till' inc'i lAalinii i.f ilial L'li.al cniiiiiaiiniii Inii ,a' 111:' iiuiii ui Jacc
led " .\l( ri: t;MiA,M
«
i
7i
DlSCOURSi: ON Tin; STUDY OF Till;
lin!)itii!il siMilimcnts, but it can .still more raroly supply
their pliie«' as motives to virtue. A iiilv is moral, of
wliieli tile ohservaiiee tiMids to |)ro(lue(; ijem>ral 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 <hitv, at all times, and in
all ()hices, over all o[)inionsof interest, and s|)eculations
of lM«nelit, so extensively, so universally, and so invio-
lably, as mav well jiistitv tlu; i.n'andest and tlu; most
a|)pareiitlv extravaiiant "tfusions of moral enthusiasm.
If, iiotwithstandinn all my endeavors to deliver these
doctrines with the utmost simplicity, any of my auditors
should still reproach me for introducinir such abstruse;
matters, I must shelter mvself behind the authority of
the wisest of men. • If they, (the ancient moralists),
' Wli
II lu
ili'^iriilK (ir>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<l suiiiiniiiii |ii'r-
iliK'Ici iniliir.i
r
il' /.,
lii>
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<h'maMds. Shallow systems
of metaj)liysics have givt.'ii hirlli to a [)ro«)d of ahomi-
nahle and prslilential paradoxes, which nothing but a
more ])rol()un(l i)hiloso))hy ean destroy. However we
may lament the necessity of discussions which may
shake the habitual revireuce of some men tor those
rules which it is the chief interest of all men to prac-
tise, we now have no choice left. We must either
dispute, or abandou the ground, rndistiiiguishing and
umnerited invectives against j)hilosopliy, will only
harden sophists and their (h.-eiples in the insolent con-
ceit, that thev are in j)ossession of an undisputed
superiority of reason : and that their antagonists have
no arms to employ against them, but those of j)Opular
declamation. I^et us not, for a moment, even appear
to su|)pose, that |)hilos()pliical truth and liuman happi-
ness arc so irreconcilably at varianc<>. 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<tOUI{f<i: ON TIIL STUDY OF THE
serveH to repnir tlio diunniic itsolfhad occasioned, niid
tliis, |)erhaj)s, is all it is jrood lor ; it casts no additional
litijlit u|)()H the |)atlis of lilc, hut disj)orsos the clouds
with whi<-h it has uvorsju-cad thcui hclorc : it advances
not the traveller one step in his journey, hnt conducts
him hack ajiain to the spot I'roni whence he wandered.
Thus the land of |)hilosophy consists partly of an open
chainpaiirn countrv, passahle by every connnon under-
standinii, and partly of a ranif(> 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, dan<rcr,
and ditliculty, it behoves us to use our utmost en-
deavors tor enliiiliteninii and smoothini:' the way hel'ore
us." ' We shall, liowever, remain in the Ibrest only
ion;: enoiiiib to visit the tountaiiis ol' those streams
which tlow from it, and which water and fertilize the
cultivated leiiion of morals, to become ac<|uaintcd
with the UHxIes of warfare practised by its sava«re
inhabitants, and to learn the mejins of trnardinjjf our
fair and truitlul land a;iainst their desolatinir incur-
sions. 1 shall hasl<-n trom speculations, to which I
am naturally, perliajts. hut too prone, and proceed to
the more prohtahle considiTation of our |)ractical duty.
II. J'he first and most sim|>le part of ethics is that
which re<rards the duties of private men towards each
other, wIkii they are eousidcred apart from the sai»c-
tion of positive laws. I say, (iiuat from that sanction,
not (iiilrcxhiil to it ; for thoui^h wt; s( pa rate private;
< iirrli-; Li^ilit 1)1' .\;ilurc, liy .\liiali:iiii TiirKor I'.sti , \<il i. |iril'
\ \ X I i I .
\
IwWV or NATI-RP, AND NATIONS,
75
d, aiul
litioiiJil
clouds
viinccs
)nducts
ulcrod.
n oj)on
undor-
xMsable
(liKMitly
.hall 1k!
ict, and
dan<i;(>r,
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<iorous penal laws.
HI'' h'"i
Oppiil.i i'<r|Mriiiii iiimiirc, i I poni
.\(U i\\i\< fill- i>.-( 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 reuuiinin<i', has well described
the ordiT in which human society is irraduallv led to
its hiiilu>st 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- »aiif<l mama!.'' Ii d. — Finnr'~.
(0' lie laiiiilil ilii-ni ili\ iiu lavi -. iii-lili|ti''l iiniiiaji -, ;iim1 ImiiIi -|iai imi- i iln
r
LAW nr iW'i'i in: and aatiuns
77
iicrcMl
sluill
utions
, only
llttiiclv
m lil^
cly, to
ty ami
istitutc
n rests
loracc,
II, con-
lutions,
svs.
iii. 111.'.
.ms wc
'scril)e(l
V led to
isliij) ol"
\c nuir-
in. (';il\i.
' siicrcs-
It is only
wlien tlie ireiu>riil 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 mji<iiiiticent cities, and to cover tiie enrth witli
all the splendid inoniiiueiits of civilized art. These
two ^reat institutions convert the seliish as well as die
social |)assions of onr iiatnre into tin; iirniest bands of
a peaceable and orderly interconrse : thev chan<re tlu;
sourc(^s of discord into |)rincij)les of (|uiet; they disci-
pline the most ungovernable, they reline the grossest,
and they exalt the most sordid pro|)ensities ; thev be-
come the |)er|)etual fountain of all that streniitheiis,
and preserves, and ad(jrns society ; tli(>y 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<l r(\uulate every household and
rear every child : which are the great nourishers and
guardians of the world. Tli(> 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 <j:nards of these two ureat I'linda-
mental |)rin(iples; that man shonid seeiirely enjoy and
t'reelv traiisnnt the I'lnits of his lahor, and tliat the
soeietv ot the se\es slionid he so wiselv ordered as to
n»ak<! it a school ot" the kind allections, and u Ht nur-
serv lor the conunonwealth.
'J'he snhject of pniiirrlij is ot" iireat extent. It will
he nec.essarv to estahlish the tonndation of the riiihts
ot ae(|nisitioii, alienation and transmission, not in iiii-
airinary contracts or a j>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, thron<rli all the
modifications w liicli it has at dill'erent times received,
to that coinpreheiisiv(\ snhtle, and anxionsly miniit<;
code ot" pro|)erty which is the last result of the most
refined civilization.
I shall ohserve the same ord(T in consid(>rin«; tlie
society of the sexes as it is re<iiilated hv the institntion
ol marriaife.' I shall endeavor to lay open those nn-
allerahle principles ol" L'eiieral interest on which that
' Si'i- ijii lliis siili|(r( all iii(iiiii|i,ir,ilili' IVii^iiiiiiil lit' llif first linuk of
eiiirn - l'.(<p|iiiiiiiis, \\ liii li i-; Inn Iniifr t'lir iiiscrlioii Ik re, liiit wliicli, if il lie
I'losily I'VMiiiiiicil, niiiy ])i'rli;i|is (lis|ii'l the iliiisii)ii of iliosi' "cnllriiirn, who
li:i\(' SM r-lriiigrly t.'ikf'H it for prniitrd, lli;it ('inro \v;i"« iiiriipniilr ol' exact
reasoning
IwWV Ol' NATI Ur, AND NATKhNS.
19
\\\o
institution rests: and if I ontcrtnin si lioju! tliiit on this
subject 1 may In; able; to add sonietliin^f to wiiat our
masters in morality bavr tau^jit us, 1 trust that tlie
leacU^r will bear in mind, is an excuse for mv jiresiimp-
tion, that thci/ were not likely to em|»loy inueh ariiument
where they did not foresee the j)osf*ibility of doubt. I
shall also consider the history ' of marriage, and trace
it throu<ih all the forms which it has assumed, Ut that
decent and ha))|)y permanency of union which has,
above all other causes, contributed to the (|uiet of
society, and the refinement of manners in mod<'rn
times. Anumtf many other in(|uiries which this sub-
ject will suiiiijest, 1 shall be led more particularly to
' This progress is tnK'n! with grciit aci-iiracy in suini' hciiilifiil iiiiis ol"
I.iicri'tiiis :
.MiiliiT iiiiijiinctii viro concessit ii luiiiiii,
('ii-^tiuiMc priviitic N'ciicris cc)iiiiiilii:i lii'l;i
('();,'riit;' iiiii, |)rolciii(|iit' ex sc viderc coortnin :
Tl>I (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<ies ; Ilie iei|ilial lied
lliiilie their wild viL'ur. and the I'niid larvs^
(If iirallliiiL' iliilchcii IViini llic liii-(ini i lia-'d
'I'llrll strni, lelciricilis llianili'l-^. .\riL'llh(il~ IMiW
.l.iin'd ill the iHiiiiN ot'fiiend-lnii, and rcscdv'J
'I'he seller sex til ilieri^h, and Iheii billies ;
And owii'd by p'slmcs, siciis, and soiimls iinniiilli,
"I'was just the weaklier tii |iinti 1 1 iVein lianii. — .A .1/. '•'i""'-
80
DISCOURSi: ON Tin: STUDY Ol' Tiii;
examine the natural fetation and duties of the feni
sex, tlieir couchtion unions dilleicnt nations, its im-
provement in lMiro()e, and the l)()un(ls wliich Nature
hcM'selt' has j)reserihe(l to ti»e progress ol" that improve-
ment; hevond which every |»reten(led advance will he
a r(>< ! (li^iiradation.
III. Ilavniii estahlishcd the |)rlncipl«'s of j)rivate
(hitv, 1 shall ))r<)('(-e(l to consi<ler man under tlu; im-
portant n-latioiis orsuhjcct and so\< rciiiii, or, in other
words, ot eilizcii and n.auistrat<'. The duties which
arise Iroiu llies<> 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<s. on the same loundation
with that oi everv other moral diitv ; and it shows,
with siillicient evidence, that these duties are recipro-
cal : which directlv aiiu liillv answers the only rational
(•nd for which the fiction of a contract could have heen
luveiHed. I >|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<h it passtjd
from savagc' indepench'iice, which implies every man's
j)ower of iniuriiig his neighhor. to legal libnfy, which
consists in every iuan''s security nuiunst \v rong ; the
manu<'r in which a I'auiily expands into a tribe, and
tribes coalesce into a naliou ; in which public justice
is gradually engrafted on private revenge, and tempo-
rary submission ri|)en(Ml iiUo habitual obedience: form
a most iuip<.'tant Jind extensive subject of imiuirv,
which coniprelK'iids all the improvements of nuiidund
m police, in judicature, and m legislation.
I 'I'lic introrlnctiiiii tn the first Imok nf ArisKiilr"- I'.ilitirs is ilii- bfst iU>-
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/ <i<>(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 de<j,rees under diirerent iiovcrimu^its,
those which iruard it most |)errectly, are, hy Wii\ of
eminence, called //vr. Such iroNcrmueiits attain most
com|)letely the end which is connnon to all govern-
ment. \ free con>titulioii 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 <i\ili/,ed slates llie suhject is tol(>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 <iTiiri' , II \\ ill r..||.i\\ , lli,il r . I MlMv ;illi| IllirlU lilll-l ;ll\ ,i\^
.nil nil
iilir nl'
III lt\ lll.'IV .'llw ll\ - Il
|ir:ii'ti<';ill\ ciiiiniili lli:il tlir i|. ;:i- I'
lis a ti-l 1,1' Ihr (liMrrri- nl' lilii | l\ , iml ||i;i| I'm ;ill |ir.iii ic.i I |ilir|ii
IIh'M' ui.iil:- MKi', <.iti>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 <iuarded not ojiiy iijiaiust the
injustice of eacli other, but (us far us iiuinan prudence
can contrive) auainst oppression IVoni the inngislratc.
Sucii states, hke all other e\traor(hnary e.\an)j)ies ol'
pubhc or ])riv;ite < xcellence and liappiness, ure thinly
scattered over the dilferent aires and countries of tlie
\V(trl(l. i]i them the power of the sovereign is limited
wilh so e.xnct a measure, that his jirotectiuL^ autliority
is not weakened. Such a combination of skill and
fortinie is not often to be expected, and indeed never
can arise, but from the constant thou<di urachnd exer-
Irions of wisdom and vu'tui', 1o improve a long succes-
nion of most favorable circusustances.
'itfhf^re is, iiKJeed, scarce any society so wretched as
to In r'. 4itiite of some sort of weak provision aijainst
th<^ N'i;|,Hsti«'<> 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 <i;r(>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-
lo<racv M'or tluir subj(>cls. and in democracies to ])ro-
tect fhe minori<ty auainst th<' majority, and the whole
people ii'iainsi CIk- tyraii-wv o^' demairo!j;n(>s. 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)e<t security which huuuiu wisdom can devise,
seems to he the distrihtilioii of |)ohtic;d authority inuouir
dilier(Mit iu(li\ iduals and hcxhes, with se])arate iut«'rests
and sf>parate 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, iiitereste<l to prevent any of tlui
others from sei/,in»i' on exclusive, and ther<^tbre desj)otic
power : nnd all hin inir a common interest to co-o|)er-
iitr in cnrryinu' on the ordinary and necessary adminis-
trntion of irov(>rnnu'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»<rt\ to the
skiU'nl ('omhinntion of mutual dependence iind nuitind
check, I leel my (*\\\\ conviction ^leiitly stri'nirtJHWU'd
hy calluiii to nund, that in thisctpimon I nffree with all
the wi<e men who li;(\c «\er deepK <<»u:-idere(l the
principles of polities : with Aristotle ;ind i'ojvhius. with
Cicero ;ind Tacitus, with liacon nnd iMacluavel, with
Montes(juieu and Hum*'.' It is impossihle. in such a
' To llif wiijihl 111' llii-ir' jirrnt r.:inn'- lit iii>- ;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-<n
mis-
cursory skotch as tlio proscnt, cvoii to jilliidc to n vory
small part of those ])liil()so|)liicjil |)rin(i|)l('S, political
roasoiiinirs, and historicnl I'iicts, wliidi iirc iicccssarv
for the illustration of this moMUMitous suhjccl. In a
full discussion of it, I shall br ohiiucd to ('Xiiininc th(^
troneral frame of the most celebrated jj^oveninieiits of
ancient and modern times, and es|)eei!dly of those
which have been most renowned for their I'nM'doni.
'J'he result of such an {wamiiiiitioii will be, thiit in>
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, [\<i'(\ for the
convenience of arraniiement. into rcid polities ; that, as
constitutions of iioveniment approach inure neaih to
that unmixeil and uncontrolled siniplicitv, tliev become
desj)otic ; and as they recede fartlhr t'roiii that siin|)lie-
ity, th(>y become fre(\
f>y the constitutioii of a state. [ mean " f/ir (xxh/ of
those initirn (itul inni-i iitni ' I'lnnltn/intiti/ /<iifs ir/iir/i.
llli'ln ill lilt' t'lilldwill'i |)i/>>;i:;r : "Mi' (Mr. i'ns ) .ilw ii\ < lli.iiiy;||| ;ili\ i>|' I lie
Miiijilr uiili.'ilaiici'd ;iii\ cniiiii iiN li.iil ; <ini|ili' iiniinnli \ , -iiii|,li' iiri -Ioii-.-h'v
sillljlli' il.'ilKn rnr\ , lie lii-lil lllctllilll illl|M rt'.'i I nr \ irl.iii-., ;i 1 1 \\ i i ,. |,'|,| ',^
rlii'iii-rl\ r< ; llic (•cim|iii-.iii.iii aliiii'' w IK i;m.hI. Tlifsi' IkhI In in ahAa\- Ins
|iriiii i|ili'~. Ill \\ Im h III' a^rci'd willi Ins li IiihI, .Mr. Mm kr. '-- .1//-. I'm „/(
t/ir .Iniiij r.-liiiiiilis, IMli I'l'l- I7:mi.
ill s|ii'akiiiy' (if IhiiIi iIii'sc illiislriuiis im i|, \\ liu-r iiaiiii'- I Inri' |n||i, ns
llir\ will 111- |iiiiii'il III laiiii' by jm-lirily, wli'ii llnii- lriii|iiirar\ ililiii'i'iiii'M
aii> 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''ir<l in jiiiIiIh' v\ illmm ailniiialiini, or Iwn-w in |in\ ati'
iili' wiiiiiini lux inif.
' Till' nailrr will oliscrxc llial I insert llii" \\tni\, " iniiriiihn, witli a
IHSCOI HSK (».\ rilK STl I)V Ol' TIM'
irini/ttir llir most imjioildnl riiihts of the /ilnhfr t)]ai>ls-
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 iiit<! its jiabits. iiuinan wisdom cannot lorin
sncli a constitntidn bv one act. lor linnian wisdom can-
noi create the materials of which it is composed. 'The
attempt. al\\a\s ineliectnal. to cinino'e hy violence the
ancient lial>it> 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(! <j-overnme!it not only estahlishes an uni-
versal security aixainst urouff. hut that it also cherishes
all the nohlest [towers of the human mind ; that it
tends to banish holh the uk an and the fer<»cious vices;
that it improves the national character to which it is
' Pinir (i)riiii'r iiii •.'iiiivcnn'diciil inodri-i', il fiiiit foiiihiiifr Ii's piiissanfr's,
Ics ri';;lt r, Ic-c tiiiipi-rcr, Ics liiiri' ii'fir, iliniiicr |i()ui- aiii>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)ii<liliilMiN, ( Slii|iliv's \\ I'l'k-i, \ III. li. |i. II 'j,) iiiii' III' tlir liriol parts
of a W I'ili r, \\ lln--r W "\'k< I - .lllllnl help rnilsidrrillL'' as lllr plIIT-l and llliist
liiiilllr-^ iiimlrl n|' ri ill 1 pi i<i I inn iji.at ijir prrsi III a;;'' I'aii lioa.-l. (iri'ai.r v ijinr
and -pliiidiii- iiia\ In I'.iniid in lillirrs, Inil ^o pirli'd a la.-Ir, <iiili diasto
and Miudi'^l 1 li';.'ani-i', il \\ill, I llilllk, l:r li.'ii'il In disriiVi'l' ill an\ ollirl' I'll-
glisli u I'lliT III' llii- II ii'ii, — .Villi lit llilnl I ilitiiui.
■' IjiiI'iI IJariin, r,s>a\ \\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<r.
I shall conclude what J have to oiler on govern-
nient. hv an account of the Constitution of Knjrlaiid.
I shall (Muleavor to trac«' the |)ro^ress of that Consti-
tution hv the liirht (»f history, of laws, and of records,
from th(> 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<x)metrical accuracv in moral reasonin«:s
as the constant source? ol" tlu; urossest error. The
second is liOrd l5acon, who tells us, with that authority
ot" conscious wisdom which helongs to him, an<l with
' [ liMVc t-iiii'r ili-riiv crid till' |)iia>;i|.'(' 111' rnllicr |);is<nfrc-: (i( .\ri-i|i<llc tn
wliicli 1 itlliuli'd ; 1 li;i\i' collrrii.l s('\i!-:il dl' llii'^r pas-^.M'is tVii,ii -varidiis
|i.'irts ul' lii-i wriliii:;-, ilial llic iimiIit ni;i_\ srr llir .-iiixirtv nl' lli:it jrrriil.
]iliiliiS(ijilii'r Id ini iiI<':i!i', I'.cM a1 llic i'\|iclisi' ul' rr|iilili(ii|, tlir iili.-iirdiM ni"
t'M'ry iin('iii|)l ti) niltivati' nr tiacli moral |)liiliis()|iliy uitli a irioinclriiiil I'x-
aitnc~s, u liicli, in ihr \ am pursiiil of an an-iirMcy w liidi i.rv ( r can In niori!
tliaii ii/'/iiiri .'il, l)rira\< llir iiHiuiii'r in!" rial, iiiiiininralilr, ami niosl iiiU-
iliirvoiis t'allacii'-i :
\lifi fAi\i ijv TWi ■■ar;t.l~--j-.ui\-w:', v'.T'^i; ts VTJ^yuv S'.l, x:t/ ■tt-i/ik TC.'XC t;iI' iuTiv',
S '-1 ^■'!uv 'S l:t Tl Ti'V '■.'i! KJ-t ru'j ^/.r ;«?lTi'.' rTc. TH." :/ljisyS-lri:-.—. I I'l sf . lll Ihilllli.
ijh. vii., lap. 7, iti liiii'.
■j/>^i. — Milii/iliijs. lili. ii. <a|i. iill.-'
\UtjuS iuuiv" -^np ?:/■/ ST( t;J"7:v TUiipjCi: ST(^i'?>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 ,<////////(■//// ul' i lio-c, w liiili, luraiisi'
ihcv arr liiuinli il on a li\v < !i iii.iilar\ |iriiiii|ili-, ailinit ipI' ri:roniii,» (Icnion-
slration ; liiil tliis is a .xiilijcrt wliidi would rr(|iiin: a Imig di^siTlation. I am
■■atislicd willi la\ing licfon' llio icadrr tin; aiitliorily and the rfaxming id'
Aristotle.
,'01 CiiiiiiiaP' llii- |i:i-~:i!li' u illi tlial u liii li !-• ijiinli it in llio iifvt incc IVdiii l.nnl !! iii.ii.
t>.
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\)'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 |ir<i|iii*lliiiii IS triir . Iml tlir lirst is iim a just inrfri'inT rroin il.
I'D 'I'liiil Hi' raiiliiil rail iiinii |>liil<i~ii|iliii', IimI u c imiv rail tin iiiii'*! i Uii|iu lit (if lllc
fnplil.-ls.
(2) 'I'litrr 1111' nil aii-li-.ii I |iiiiiri|i|i''i m iinlillrs. It i< a irjcnrf nf raliiilalln'is, nt" rniiiM-
niitiiills, liml III rvrr|itiiiii», .■|rnii iliiiL' In |ilai '., iiinr';, ;,iii| riri iiiii-taiin s. I.dtrr of lioiisscau
III llw Miliums ill- Miriiln iiiK
LAW OF NATIRF, AND NATIONS
OJl
to trace that chain, in which so many breaks and inter-
ruptions are perceived by superficial observers, but
which, in truth, inseparably, though widi many dark
and hidden windings, hnks together the security ot'hfe
and property with the most minute and apparently
frivolous formalities of legal proceeding. We shall
perceive that no human foresight is sufficient to estab-
lish such a system at once, and that, if it were so
established, the occurrence of unforeseen cases would
shortly altogether change it ; that there is but one way
of forming a civil code, either consistent with common
sense, or that has ever been ju'actised in any countrv,
namely, that of gradually building up the law in pro-
portion as the facts arise which it is to regulate. We
shall learn to ap{)reciate the lerit of vulgar objections
against the subtlety and complexity of laws. We shall
estimate the good sense and the gratitude of tliose who
reproach lawyers (or employing all the powers of their
mind to discover subtle distinctions for the prevention
of injustice ; ' and we shall at once perceive that laws
ought to be neitiier more simple nor more complex
than the state of society which they are to govern,
but that they ought exactly to correspond to it. Of
the two fiiults, however, the excess of simplicity would
certainly be the greatest ; for laws, more comj)lex than
are necessary, would only produce embarrassment ;
whereas laws more simple than the afiairs which they
regulate, would occasion a defect of justice. More
' 'I'lic ('.■isiiisliciil siililli'lics nri' iiol ipciliMps jin'iilcr lliMii tlu; siilith'licH of
lawyers; hii/ ilic liillvr arc inninuil. (iiul even necessary. — Hume's Essays,
vol. ii., |i. ."),")-'.
04
l)l!S€()URSE th\ TliK t-TUUV OF TlIP,
>
understanding' has, i)orluips, been in this manner
exerted to li : die rules ot life, than in nnj otlier science ;
and ^t is certainly the most honorable occn[)ation of
the und'v.'rstaiiding, because it is the most inunediately
subservient to general safety and condort. Tiierc is
not, in my opinion, in the uhole compass of hunum
afiairs, so noble a si)ectacle as that which is dis|)layed
in the proiirciss of jurisiuudence ; where we may con-
template the cautious and unwearied exertions of a
succession of wise men throuuh a lon«jf course of a^jjes ;
withdrawinij every case as it arises I'rom the dangerous
power of discretion, and subjecting it to intlexible
rules ; extending the dominion of justice and reason,
and gradually contracting, within the narrowest pos-
sible limits, the domain of l)rntal force and of arbi-
trarv will. This subject has been treated with such
dignity, by a writer who is admired by all maidvind for
his elo<|uence, but who is, if jiossible, still more ad-
mired by all c(.nii)eteiit judges for his j)hilosophy ; a
writer, of whom 1 may justly say, that he was ^^aravis-
simus ft ilirnuU ft IntfUiacndi (iitrtor ct ma^i.stcr, " '
that I cannot refuse ujyselfthe gratification of ([uoting
his words : — " The science of juris|)rud('nce, the j)ri(le
of the human intellect, which, with all its defects, re-
dundancies, and errors, is the collected reason of ages
' " I,;i\v," siiil Dr. ,l(iliM-iin, " is ilic sciriirc in \\ liirli the ■irciilcsl |iii\V(rH
iif iiiMlcr-lMMiliii;; MIT ;i|i|p|ii;l In llir |.'r.:ili'>l liumlirr i<\' tin-Is. " .Ncilmdy,
wllii is ;ir(|ii;iiiiti'<l Willi llii' Miridv iillil liiulli|ilic il \ ol' llir siiliji'cis (if jiiris-
pnidriiic, :iiii[ witli tlii' iirndi^rioiis iiiiwiis i<\' (lisiriiiiiiialiiiii (,in|iliiv(.'(l iijioii
llii'Mi, cim (Idiilil till- tiiilli iil'lliis (ilisirv .ilioii.
(•J) The iiriil'.iun.lr.-i i.l' ilnnkirs, ;mil III ■ iiin-t i Imiiii nl nf uratnn'.
LAW OF NATURE AND NATIONS.
95
conil)Jning the principles of original justice with the
infinite variety of human concerns." '■
I shall exemplify the progress of law, and illustrate
those principles of universal justice on which it is
founded, hy a comparative review of the two greatest
civil codes that have been hitherto formed — those of
Rome ~ and of England ; ^ of their agreements and
disagreements, both in general provisions, and in some
of the most important parts of their minute i)racticc.
In til is part of the course, which I mean to pursue
with such detail as to give a view of both codes, that
may, perhaps, be sufficient for the purposes of the
general student,* I hope to convince him thf>t the
laws of civilized nations, particularly those of his own,
are a subject most worthy of scientitic curiosity ; that
' l?iii!v( 's W'ork.-i, vol. iii,, ji. ^'X\.
^ Jt iiiiiv, |)rrli;i|)>, iKit 1x1 disiiiirccilili' to the reiuh.'r to find lici'i' llii^ |i;is-
siign of liKiHN!!/., lo wliiili I liiivc rcli'iicd in llir t'oniiir editions o|" \ho.
Discourse. " <^etel•o(|ni^ e^o Diirrslonnii Opus V(d polius nueloiuni inide
exceriifii sunt lahores iidrniror, nee ipiidijUMni vidi si\i' riitioMinn jx'^dere sivo
dieendi iiervos s[ieetes quod ni;igis aceedut ad inatlhiuiitieoruin laudeni." ' —
Leibnitz, Up. vol. iv., |>. 'l'y\.
•* On tlio inliniate eonneetion cd" these codes, let us liear llic wiirds of
Lord Holt, wlnise name n( ver i an lie [iroiKinnccd williont vi'iieratiou, as long
as wisdom and intejirily are revered anniiifr men: — " Iiiasnunli iis tliv hiirs
of nil iKiliiins nil- iliiiili/l( S.I nii.iid mil i>f llic ruins of the riril /(//r, as all
iroverumeiits are s|iniuix oul (d" tin' ruins (d" the Itoman eni|iire, it nuist ho
owned llidt Ihr /irinri/ilr.i of our liiir iirr hornnrdl from Ihi rii-il Ion-, there-
lore grounded upon the sanu' reason in many things." — I'i Moil. l^^'J.
' On a closer e\aniinalion, this jiarl ol" m\ scheiiie lias prosed im|>racli a-
l)h' in the ( \teiit which I ha\e here prii|iosed, and within llie short time lo
which I am ni'iessarilv eontined. A geni'ral view ol' the principles of law,
with some iliuslralions from the l''ngli-li and itom.in codes, is all thai I can
compa- s.
(h l!i'<,ilr<, I grcally adaiirc 111!' DiL'c.-ls, (ir riitlicr llic >kill uf tiji' anllKirs in rdiiiposiiHr
tliciii , nor have I ever seen aii.s- Ilium, lur fun c el' riasiiiiiiin er stieii|,'lli uf LWprt'ssidii, lliut
a|iiiriia('li(;s su acar, a>- llicv iln. in llic |.ii ci-umi el' inallii laalicH.
m
90
DiscouRsi; ON Till: s'lL'DV ui' Tin:
K.
principle and system run throunli \\\vn\ even to the
minutest particular, as really, though not so apparently,
as in other sciences, and are applied (o purposes more
imj)ortant than in any other scieucc. \\ ill it he pre-
sumptuous to express a ho|)e, tluil such au iii(|uiry may
not he altogether an useli'ss introduelion to that larger
and more detailed study <»ttli<' law of llugland, which
is the duty of those who arc to proli'ss and practise
that law ?
In considering the im|>orlaur suhject of criminal
law, it will he n»y duty t > fouud, on n reganl to the
iieneral safety, the riuht *;!' the uiagistrate to intlict
punishments, even the most severe, if that sali'ty can-
not he efl'ectuallv protrctt-d hy the «',\ampl(! of inferior
punishmonts. It will he a uiore agrecahle part of my
office to explain the t«'m|)«'iam('Uts which NVisdom, as
well as Humanity, jjrcscrihes in the «'\ercise of that
harsh right. unfortunat<ly so cssrutial to the preserva-
tion of human society. I shall collate the penal codes
of diflerent nations, and gather togetlu-r the most
accurate statement of the result of experience with
resjM'ct to the ellicacy of lenient and severe punish-
ments ; and 1 shall endeavor to ascertain the principles
on which must he tbunded hoth the proportion and the
appropriation of jxMialties to crimes.
As to the /(lie of nimiiiti/ iirorrcilina,^ my lahor will
he very easv : for on that suhject an I'-nglish lawyer,
if he were to delineate the model of perfe<'tioii, would
find, that, with feu exceptions, he had transcrihed the
' n\ the " I.iiir iif rrinniiiil jinii i uliiin ■, I iii' nii llinni. I,i\ss wliiih xt'gw-
WX" \\\'' liiiil 1)1" lllill ai c u-id 111' cniriis, iiM (ll>lll|i;lll-liril iVnlil fll liill III ir ,
wliicli liMS llir i)inii.<lniii lit n|" iiinii-
I.AVV OF NATURE AND NATIONS
07
institutions of his own country. The whole subject
ot my lectures, of which I have now given the outhne,
may be summed up in the words of Cicero : — " Na-
tura enim juris ex])licanda est nobis, eaque ab hominis
rcjietenda natura ; consideranda) leges, quibiis civitates
regi dcbeant ; turn luec tractanda qua? composita sunt
et descripta, jura et jussa populorum ; in quibus ne
NOSTRI miDEM POIM 1,1 LATEBUNT QVJE VOCANTUR JURA
CIVIMA." ' — C/C. de Li'iT. hb. i. C. 5.
V. The next great division of the subject is the law
of nations, strictly and properly so called. I have
already hinted at the general principles on which this
Inw is founded. They, like all the principles of natural
jurisprudence, have been more happily cultivated, and
more generally obeyed, in some ages and countries
than in others ; and, like them, are susceptible of great
variety in their application, from the character and
usages of nations. I shall consider these principles
m the gradation of those which are necessary to any
tolerable intercourse between nations: those which
are essential to all well regulated and mutually advan-
tageous intercourse ; and those which are highly con-
ducive to the preservation of a mild and friendly inter-
course between civilized states. Of the first class,
every understanding acknowledges the necessity, and
some traces of a faint reverence for them are discov-
ered even among the most barbarous tribes ; of the
second, every well-informed man perceives the im-
(I) T am tn oxplnin tlip naliiie (if law, and llml niiisr lip Miusht inr in the <(instiliirinn of
mnn. 'I'lic laws liy wliiili stalos (iiiclil I" hi' sovcrncil, must firstly he ronsKlcrcri , tlicii llip
parts of wlil.M they arc eoriiposcl ; ami tlir (i<-srriplinii ofllirni an- to he spoken of, viz. tlip
laws and rnst! .ns of the pi opli- ; anions wliirli aie lliose of the Uoni,in!», cnlk-rt civil laws,
that shall not !.,• pas-id omi m silence.
M
06
DISCOURSE ON THE STUDY OF TIIE
portant iiso, and they have jrenerally been respected
by all polished nations ; of the third, the j^reat benefit
may be read in the history of modern ICurope, where
alone they have been carried to their ("nil jjerlection.
In nnt'oldinjT the lirst and second class of principles, I
shall natnrally be led to «;ive an account ot" that law of
nations, which, in greater or less perfection, re<fulated
the interconrse of savages, of the Asiatic empires, and
of the ancient republics. The third brings me to the
consideration of the law of nations, as it is now
acknowledged in Christendom. Krom the great extent
of the subject, and the particularity to which, for rea-
sons already given, 1 must here descend, it is imj)os-
sible tor me, within any moderate com]>ass, to give
even an outline of this part of the course. It com-
prehends, as every reader will perceive, the principles
of national independence, the intercourse of nations
in peace, the privileges of ambassadors and inferior
ministers, the commerce of private subjects, the
grounds of just war, the nmtual duties of belligerent
and neutral powers, the limits of lawful hostility, the
rights of conquest, the faith to be observed in warfare,
the force of an armistice, of safe conducts anil pass-
ports, the nature and obligation of alliances, the means
of negotiation, and the authority and interpretation of
treaties of peace. All these, and many other most
imj»ortaiit aiid complicated subjects, with all the vari-
ety of moral reasoning, and historical e.\am|)les, which
is necessary to illustrate them, nmst be fully examined
in this part of the lectures, in which I shall endeavor
to put together a tolerably com])lete practical system
of the law of nations, as it has for the last two c(Mi-
turies been recognised in Imuojx'.
LAW OF NATL HI:: AND NATIONS
«K>
" Le (huh des gens est iiaturcUcmcnt fondo sur ce
priiicipo ; (|uo Jcs diverges nations doivent sc Ihire,
daiiH Iji |)aix, lo i)lus do bioii, ct dans la ouerre Ic moins
do nial, (ju'll est j)o.ssil)lo, sans nuirc ii leurs vcritablcs
inU'rcts.
" L'objct dc la guerre c'cst la victoire ; colui do la
victoiro la concjuctc ; celui do la conquote la conser-
vation. Do CO principe et du precedent, doivent
deriv(>r toutcs les lojx (jui torment Ic droit des gniH.
" Toutes les nations ont un droit des gens ; les lio-
(juois nienie qui niangent leur prisonniers en ont un.
lis envoientet reroivent des emhassades ; ils connois-
sent les droits de la guerre ct do la paix : le nial est
<iue cc droit des gens n'est i>as Ibnde sur les vrais prin-
cipes." ' — /> rKsinil des Loix, liv. i. c. 3.
VI. As an important supi)lenient to the practical
system ol' our modern law of nations, or rather jis a
necessary |)art of it, 1 shall conclude with a survey of
the di/domatic and ronvcntiomd law of Europe ; of the
treaties which have materially atl'ected the distribution
of power and territory among the European states ;
the circumstances which gave rise lotheni, the changes
which they elfected, and the j)rinciples which they
introduced into the ]>ublic code of the Christian com-
monwealth. In ancient times, the knowledge of this
(I) liitcriialidiial law is iiatiiriilly fniiiiilcil mi this |iriiiii|(lc, that (liil'irriit iialiiUH iiimlit, in
liiiii' 111' |ii :iri , III ilii iinr aiiiillir. II tlir L'linil they ran ; anil in liirii' iil' war us lilllr iiijiiiy as
liiissililr, withiillt lirrjiiilii r In tlnir rral lllti'irst.
'I'hr iihji It 111' war, is viilnn ; thai ol' \irliii>, ruminrsl ; ami thai nfr |nrsl, |iirsrrvaliiil).
I''riim this, ami llii' prriiilliiL' |iiinii|ili', all Un- I ,s whiih I'linii inliiiiatinnal law ari' do-
livril.
All I'niinlrii's havr intiriialinnal laws, t'\ir. Iir I ioi|iiolsr tlinnsi'h rs, who flrvniir thrir
[irlsiiniis. 'I'lny srnil ami iimtIm' anihassadnis, ami iimlrrstaml thr liiilils nf war ami piacc.
'I'hr iliilii ally, liin\r\rr, in thru inlrinaliiinal law i-. thai it is ni t i'nnnilril iipmi trni' prinri
plis.
lUU
bLxcouui^F. ON Tin; jstudy or Tin;
conventional law was thontrht one ot* the jjrcatost
praises that could bo bestowed on a name loaded with
all the honors that eminence in tlu^ arts of peace and
war can confer.
" iMinideni existinio. judices, cnni in oinni {jenere
ac varietate artinin, etiani illarnni, (piin sine sninnio
otio non facile discuntur, (n. j'onipeins excellat, sin-
gularcin quandani laudeni ejus et |)ra«stabilein esse
scientiani, //' fadrribiis. pact'umibtis, conditionihvs
populorum, }r<>>nn, r.rtnannn tuitloiunn : in nniverso
deniqne belli jure ac pacis." ' — Cic. Oral, pro L. Corn.
Bdfbo, c. C).
Information on this subject is scattered over an im-
mense variety of voluminous compilations ; not ficces-
sible to every one, and of which the |)erusal can be
agreeable only to very few. \'et so much of these
treaties has been embodied into the general law of
Europe, that no man can be master of it who is not
acquainted with them. The knowledge of" them is
necessary to negotiators and statesmen : it may some-
times be imj)ortant to private men in various situations
in which they may be placed : it is useful to all men
who wish either to be acquainted with modern history,
or to form a sound judgment on political measures.
i shall endeavor to give such an abstract of it as may
be sufficient for some, and a convenient guide for
others in the farther progress of their studies. 'I'he
trcfities, which I shall more particularly consider, will
(1) Iiiilccil I lliink, Jiidcrs, siiirc in cvrry kind and varitfy of tlio nits, rvcn tlinsc wliicli
nr(^ not rasjjy li.irni (1 wnlioiil llii- cifatol li isiin, CnriiiJ I'dinpi'iiiH ixrcllrd, and In' was
prr I niiniiitly skilird in, and is Id lie pr.iisi d fur lii< knuu liiiac of r(in>litnli(ins, siipula
tiiins, and trc alics uf nations, lidtli fdrri^'n and dmni »lic ; and was, in slmrl, will viisi-d in
t'Vciy tliinc prrlaniinL' tc. tli. law •; uf war and prari .
UNIVERSITY OF VICTORiA
LIBRARY
Victoria 8 C.
LAW OF NATURE AND NATIONS.
KM
be those of Wostplinlin, of Olivn, of the Pyrenees, of
Brodn, of Nimonfiion, of Uvswick, of Utrecht, of Aix-
la-Chapelle, of Paris (1763), and of Versailles (17M3).
1 shall shortly explain the other treaties, of which the
stipulations arc either alluded to, confirmed, or abro-
gated in those which [ consider at length. I shall sub-
join an account of the diplomatic intercourse of the
Euroj)oan powers with the Ottoman Porte, and with
other princes and states who arc without the pale of
our ordinary federal law ; tog(>ther with a view of the
most important treaties of commerce, their principles,
and their consequences.
As an useful apj)endix to a practical treatise on the
law of nations, some account will be given of those
tribunals, which in different countries of Europe, decide
controversies arising out of that law ; of their consti-
tution, of the extent of their authority, and of their
modes of proceeding ; more especially of those courts
which arc peculiarly appointed for that purpose by the
laws of Cireat IJritain.
Though the course, of which 1 have sketched the
outline, may seem to comprehend so great a variety
of miscellaneous subjects, yet they are all, in reality,
closely and insepjirably interwoven. The duties of
men, of subjects, of princes, of lawgivers, of magis-
trates, and of states, are all of them parts of one con-
sistent system of universal morality. Between the
most abstract and elementary maxim of moral philos-
ophy, and the most complicated controversies of civil
or public law, there subsists a connection which it will
be the main object of these lectures to trace. The
nn
insioriisi; ON riii; .study oi* tin:
.^
principle of justico, deeply rooted in the nature and
interest of man, |)erva(les the whole system, and is
discoverahle in every [)art of it, even to its minutest
ramification in a lejjjal formality, or in the construction
of an article in a trtnity.
I know not whether a philosopher ou;j[lit to confess,
that in his inquiries after truth, he is biassed by any
consideration ; even by the love of virtue. IJut I, who
conceive that a real philosopher ou«j[ht to re^nrard truth
itself chierty on account of its subserviency to the hap-
piness of mankind, am not ashamed to confess, thai
I shall feel a great consolation at the conclusion of
these lectures, if, by a wide survey and an exact ex-
amination of the conditions and relation • of human
nature, I shall have confirmed but one individual in
the conviction that justice is the permanent interest
of all men, and of all conunonwealths. To discover
one new link of that eternal chain, by which the Author
of the universe has bound together the hap|)iness and
the duty of his creatures, and int -jsolubly fastened
their interests to each other, would fill my heart with
more pleasure than all the fame with which tin; most
ingenious paradox ever crowned the most elocjuent
sophist.
I shall conclude this discourse in the noble langungo
of two great orators and philf)sophers, who have, in a
km words, stated the substance, th(> object, and the
result of all morality, and [)olitics, and law.
" Nihil est quod adhuc de rej)ublica putem dictum,
et ({uo j)ossim longius progredi, nisi sit confirmati.m,
non modo falsuni esse illud, sine injuria non posse, sed
.4 »^ *
"'-^M.'s^
LAW OF NATURE AM> NATIONS
\m
lioc vcrissimiim, sine Humna jiistitia rcin|)ul)lic{un gcri
noil posse." ' — Cir. Fr(i<r. lib. ii. dc licjxih.
".Justice is itself tlie ij;reat staii(lin<j^ policy of civil
society, aiui any einiiieiit dejjartiire IVom it, under any
circumstances, lies under the suspicion of being no
policy at all." — Biuk(\^ Works, vol. iii. p. 207.
(I) It may mil lie nniiitcr^sliiin ti) tlir learned reader to know more of this imlde pansace
here i|lliited liy Sh JaiiiiH. it is tlie last seliteliee ol'llie seroiid lioiilt ol' Cicero's t\r l(('|iiililie.
I'lil'ortiiiiatel) many \K\\iv:^ nf tlie Ixiiik are lust, Imt I'rofissiir .Mai (|iiotes the lolliiwiiiu pas
Kam' IViiiM St. Aiitinstiiie's lie Civ. Ilei. li. 'Jl., a.s a HUinmary ol' the lost passasie-. "And
ulieii Hi'ipio had, in a more roiii|Ui'heiisive anil din'nse way, shuwii hotv ailvanlM: -iiiis
jiislici' was to a Slate, and how injiiiioMs the want ol' it. I'hihis, who was one of tho-e
present at the ilisrnssions, took 11 np, and proposed llial the sniijeil slionid he earernlly Inves-
liuated; as an opjniini w as ojitainini! that f;o\erniiienls eoiild not lie administered willi-iiit
in.lnstn-e."
" 'I'lim Scjpjo, assenlior vero rennmioipie voids, nihil esse ipnid adhnc de repnl &,c."
" I altoaether assent to it. said Siipio, and frankly dei l:ire to yon, that we must e.-leeni as
nolliini! thai whirli w< I . VI said iiImhiI vovernnient, or that which yet remains to hi said
nnless it shall he eslulilisheil, not only that it Is untrue that iziMrnments cannot he adni nis
loreil williMii' injustice, liiil that it is most true tliut no government can prosper in any
manner w itnoiit the lii^liest de<:ree id' justice."
n>»w
]\;,tf. — The text, from which tho preceding Discourse is print-
ed, is that of tlie tiiird London edition, wliicli was corrected and
enhirged by the Author, and which is thus rendered more valuable
than any previous edition.
r inl-
and
able