exertion, free use of capital, and free competition. The agreement, therefore, is hostile to these principles, and ought not to be permitted. For these reasons the code, in conformity with the English law, imposes a penalty on any two or more persons conspiring to raise the price of wages; but it adds to that provision one which is wanting in the English statute, imposing a similar penalty on a combination between employers to reduce the price of labour. Without this the law would be partial and unjust in its operation. Employers in any one branch of manufacture, being, comparatively to the operators, few in number, an agreement between them is more easily made; more readily enforced among themselves; and, while their wealth enables them to wait the effect of their combination, the poverty of those against whom it is directed obliges them soon to yield to the dictates of their employers, be they ever so oppressive. This inequality in the effects of this offence, between these two classes of men upon whom it reciprocally operates, requires a correspondent difference in the punishment; and it is, therefore, directed that imprisonment shall always be part of the sentence against employers for a combination to lower the rate of wages, for this cogent reason, that the highest limit which could be given to the fine upon the labourer would be no punishment to his wealthy employer who should be guilty of the same offence. It is also provided, that an agreement to require a longer time to labour in the day, or to decrease the number of working hours, without altering the price, shall be considered as a combination to lower or raise the rate of wages; and if the agreement be to inflict any injury on those who will not become parties to it, the punishment is to be doubled. Other articles are contained in the text, calculated to explain and carry into effect those which have been commented on, and to guard against abuses in enforcing them. The rapid view I have thought it necessary to take of this important branch of the work committed to me is now finished. Some comments and arguments that, perhaps, ought to have formed a part of it, have been doubtless omitted. They will readily be supplied by the intelligence of the body to whom it is submitted; but I much fear that the reproach of having unreasonably trespassed on their attention may have been more justly incurred. Yet nothing has been advanced which was not thought necessary to the elucidation of the great variety of provisions contained in this code, and much was designedly left to be supplied by reflection. INTRODUCTORY REPORT ΤΟ THE CODE OF PROCEDURE. I HAVE now the honour to present the second of those codes which your law has directed me to prepare. The legislature which passed that law, were aware that no system would be complete without a Code of Procedure. Expense, delay or uncertainty, in applying the best laws for the prohibition of offences, would render those laws useless or oppressive. Therefore, this division has been considered of equal importance with any of the others, but more extensive in its operation than either of them. The party committing the offence and the individual injured, rarely the whole community, are the only persons immediately affected by the commission and punishment of a crime. But in the measures prescribed for preventing or prosecuting them, every citizen, however unconnected with the offence, may find himself involved. As a judge, a magistrate, a civil or military officer, or even a private citizen, every one is liable to become an active party in the task of applying the law, after a breach of its provisions has taken place, in preventing the commission of a crime, or in arresting the progress of such as are continuous in their nature. The rules which direct us in what manner, under what circumstances, and to what extent we may use force to protect our own persons and property, or those of another, against unlawful violence, also belong to this division of the law; so that its provisions are more required for daily use than those of any other part of the system; and it may, therefore, without impropriety, |