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shonld be punished with death, not only as an equal punishment of the crime, but to prevent other murders, does it follow that I must approve of inflicting the same punishment for a little invasion on my property by theft? If I am not myself so barbarous, so bloody-minded, and revengeful, as to kill a fellow-creature for stealing from me fourteen shillings and threepence, how can I approve of a law that does it? Montesquien, who was himself a jndge, endeavours to impress other maxims. He must have known what humane jndges feel on such occasions, and what the effects of those feelings; and, so far from thinking that severe and excessive punishments prevent crimes, he asserts, as quoted by our French writer, that
"L'atrociti des loix en empiche Vexicution.
"Lorsque la peine est sans mesure, on est souvent oblige de tin prifirer Vimpuniti.
"La canse de'touslesrelacnemensvient deI'impuniti des crimes, et non de la moderation des peines."
It is said by those who know Europe generally, that there are more thefts committed and punished annually in England, than in all the other nations put together. If this be so, there must be a canse. or canses for such depravity in our common people. May not one be the deficiency of justice and morality in our national government, manifested in our op'pressive conduct to subjects, and unjust wars on our neighbours? View the long-persisted in,unjust, monopolizing treatment of Ireland, at length acknowledged! View the plundering government exercised by our merchants in the Indies; the confiscating war made upon the American colonies; and, to say nothing of those upon France and Spain, view the late war upon Holland, which was seen by impartial Europe in no other light than that of a war of rapine and pillage; the hopes of an immense and easy prey being its only apparent, and probably its true and real motive and encouragement. Justice is as strictly due between neighbour nations as between neighbour citizens. A highwayman is as much a robber when he plunders in a gang, as when single: and a nation, that makes an unjust war, is only a great gang. After employing your people in robbing the Dutch, strange is it, that being put out . of that employ by peace, they still continue robbing, and rob one another? Piraterie, as the French call it, or privateering, is the universal bent of the English nation, at home and abroad, wherever settled. No less than seven hundred privateers were, it is said, commissioned in the last war! These were fitted out by merchants, to prey upon other merchants, who had never done them any injury. Is there probably any one of those privateering merchants of London, who were so ready to rob the merchants of Amsterdam, that would not as readily plunder another London merchant of the next street, if he could do it with the same impunity? The avidity, the alieni appetens, is the same; it is the fear alone of the gallows that makes the difference. How then can a nation which, among the honestest of its people, has so many thieves by inclination, and whose government encouraged and commissioned no less than seven hundred gangs of robbers; how can such a nation have the face to condemn the crime in individuals, and hang op twenty of them in a morning? It naturally puts one in mind pf a Newgate anecdote. One of the.prisouers com
plained, that in the night somebody had taken his buckles out of his shoes. "What, the devil!" says another, "have we then thieves amongst us? It must not be suffered. Let us search out the rogue, and pump him to death."
There is, however, one late instance of an English merchant who will not profit by such ill-gotten gain. He was, it seems, part owner of a ship which the other owners thought fit to employ as a letter of marque, and which took a number of French prizes. The booty being shared, he has now an agent here inquiring, by an advertisement in the Gazette, for those who suffered the loss, in order to make them, as far as in him lies, restitution. This conscientious man is a Quaker. The Scotch presbyterians were formerly as tender; for there is siill extant, an ordinance of the towncouncil of Edinburgh, made soon after the reformation, "forbidding the purchase of prize goods, under pain of losing the freedom of the burgh for ever, with other punishment at the will of the magistrate; the practice of making prizes being contrary to good conscience, and the rule of treating Christian brethren as we would wish to be treated j and such goods are not to be sold by any godly men within this burgh." The race of these godly men in Scotland is probably extinct, or their principles abandoned; since, as far as that nation had a hand in promoting the war against the colonies, prizes and confiscations are believed to have been a considerable motive.
It has been for some time a generally received opinion that a military man is not to inquire whether a war be just or unjust: he is to execute his orders. All princes who are disposed to become tyrants must probably approve of this opinion, and be willing to establish it : but is it not a dangerous one? since, on that principle, if the tyrant commands his army to attack and destroy, not only an unoffending neighbour nation, but even his own subjects, the army is bound to obey. A negro slave, in our colonies, being commanded by his master to rob or murder a neighbour, or do any ether immoral act, may refuse, and the magistrate will protect him in his refusal. The slavery then of a soldier is worse than that of a negro J A conscientious officer, if not restrained by the apprehension of its being imputed to another canse, may indeed resign, rather than be employed in an unjust war; but the private men are slaves for life; and they are perhaps incapable of jndging for themselves. We can only lament their fate: and still more that of a sailor, who is often dragged by force from his honest occupation, and compelled to imbrue his hands in, perhaps, innocent blood. But methinks it well behoves merchants (men more enlightened by their education, and perfectly free from any such force or obligation) to consider well of the justice of a war, before they voluntarily engage a gang of ruffians to attack their fellow-merchants of a neighbouring nation, to plunder them of their property, and perhaps ruin them and their families, if they yield it; or to wound, maim, or murder them, if they endeavour to defend it. Yet these things are done by Christian merchants, whether a war is just or unjust; and it can hardly be just on both sides. They are done by English and American merchants, who, nevertheless, complain of private theft, and hang by dozens the thieves they hare tanght by their own example.
It is high time, for the sake of humanity, that a stop were put to this enormity. The United States of America, though better situated than any European nation to make profit by privateering (most of the trade of Europe with the West Indies passing before their doors) are, as far as in them lies, endeavouring to abolish the practice, by offering, in all their treaties with other powers, an article, engaging solemnly, that in case of future war, no privateer shall be commissioned on either side; and that unarmed merchant ships, on both sides, shall pursue their voyage unmolested. This will be a happy improvement of the law of nations. The humane and the just cannot but wish general success to the proposition.
With unchangeable esteem and affection,
I am, my dear friend, ever yours,
. ON THE SLAVE TRADE.
Reading in the newspapers the speech of Mr. Jackson in congress, against meddling with the affair of slavery, or attempting to mend the condition of slaves, it put me in mind of a similar speech, made about one hundred years since, by Sidi Mehemet Ibrahim, a member of the divan of Algiers, which may be seen in Martin's account of his consulship, 1687. It was against granting the petition of the sect called erika, or purists, who prayed for the abolition of piracy and slavery, as being unjust. Mr. Jackson does not quote it; perhaps he has not