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draw this chapter to a close by recalling to the reader's recollection the leading consequences which may be deduced from them.

In a former chapter we came to the conclusions, That the jurisprudence of every community must be founded upon those common principles, which govern mankind in the pursuit of well-being; and that, in no instance, it must attempt to contravene them. In the present chapter, we have come to these results :-That, the passions, affections, and excitements are objects of scientific study, as leading us to some important principles, characteristic of our nature, animal and rational:-That, there is a class of passions intended particularly for our defence, and distinguished by certain peculiarities, which enable us to assign to them their proper functions:-That, anger or resentment, properly regulated, is roused by intentional injuries, with a view to protect ourselves and our fellow creatures from their evil effects; and that the infliction of pain for any other end is unjustifiable:-That, Punishment in the hands of men, either as a retribution for evil already done, or as a preventive against future evil, is not sanctioned by reason or revelation.

These conclusions are a suitable introduction to the next Chapter, which will be employed in making an application of them to the jurisprudence of Crimes and Punish

ments.

But before I conclude, I shall perhaps be pardoned for cautioning the ordinary reader from being misled by the employment of the general terms Government, State, Society, Legislature, and others of a similar import. They are words of frequent occurrence, but of a very complicated nature; and it is allowed by all acute reasoners, that by no one circumstance are we more likely to be imposed upon. The words themselves are familiar; but the ideas, which they represent, are so complex, and comprehend so many particulars, which are never adverted to, that philosophers themselves are often puzzled. No wonder then that it should be much more common with the bulk of mankind to be imposed on, and to employ them in their deductions as signs, without looking to their signification. How frequently do people talk of the power, and wealth, and wisdom of Government, and the prosperity and happiness of Society, without at all recurring to the complicated nature of such abstract expres

sions; but attributing to them virtues and vices, good and evil, as if they were real existences in a corporate capacity. No doubt many persons are led to very erroneous conclusions by regarding Society as something supreme, possessing great power and authority, and capable of insisting on, and performing many things, which no individual, or majority of individuals, could possibly effect. The fictions of law, with regard to corporations, have contributed to the propagation of these errors, for they go`so far as to create a propria persona in the aggregation. Nothing however can be more unfounded than to set up any relations, while we employ these terms, separate from those, which belong to the respective individuals who are comprehended in the general expressions. The French Economists scarcely fell into a greater error than this in all their speculations; and one of the acutest peers of parliament, has lately resuscitated the doctrine by devoting a considerable portion of a quarto volume to shew, that no greater mistake can arise, than to confound public wealth with the aggregate of private wealth belonging to the individual members.*

*

Inquiry into the Nature and Origin of public Wealth.

It is easy to perceive, that these abstract terms have been personified, sometimes to abbreviate speech, and sometimes to present a more vivid idea to the mind; and hence, it is not uncommon to speak of the law of the land as possessing will, desire, and perception of right and wrong; but that these words are employed thus, in a metaphorical sense, must be apparent on the least reflection. To speak in the language of philosophy, the words Government, Church, Body-politic, &c. being artificial signs to express an abstract idea of certain aggregations or bodies of men, it is illogical to reason upon them as if they possessed properties and qualities distinct from the individuals comprehended under the collective or generic term. But this is a very abstruse question belonging to another science; and I gladly refer the reader to those writers, who have devoted their talents particularly to it, in order to satisfy his mind of the importance of attending to language as a medium of communicating thought.

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CHAPTER IV.

The inferences drawn in the foregoing chapters applied to the criminal law-progress of criminal law-punishment, at first vindictive-as awarded for injury done to Society-as a retribution-proportion between punishments and crimes-analogical, exemplary, and preventive punishments noticed-defence the proper object—death to be justified only on extreme occasions-corporeal punishments not consistent with defence-imprisonment the best punishment.

THE principles laid down in the foregoing chapters have, I hope, prepared the reader for entering upon the argument to be prosecuted in this; which will consist of an application of those principles to the subject of Criminal Jurisprudence. As we proceed we shall endeavour to establish a connection between the ethical points, before insisted on, and penal legislation considered as a science; and shall shew the practical inconvenience and theoretical error of the present laws.