129

CHAPTER IX.

Of the direct means used by the law to prevent offences.

CHAPTER X.

Of the different steps prescribed by the law, for apprehend-

ing, detaining, trying, and punishing offenders.

137

179

On the history of property.

Considerations on the nature and extent of the legislative

authority of the British parliament. Published in the

199

year 1774.

247

Speech delivered in the convention for the province of Penn-

sylvania, held at Philadelphia, in January, 1775.

Speech delivered on 26th November, 1787, in the convention

of Pennsylvania, assembled to take into consideration the

constitution framed, by the federal convention, for the

United States.

271

Oration delivered on 4th July, 1788, at the procession formed

at Philadelphia to celebrate the adoption of the consti-

tution of the United States.

297

Speech on choosing the members of the senate by electors;

delivered, on 31st December, 1789, in the convention of

Pennsylvania, assembled for the purpose of reviewing,

altering, and amending the constitution of the state.

313

Speech delivered, on 19th January, 1790, in the convention

of Pennsylvania, assembled for the purpose of reviewing,

altering, and amending the constitution of the state;

motion that no member of congress from this state,

nor any person holding or exercising any office of trust

or profit under the United States, shall, at the same time,

hold and exercise any office whatever in this state.”'

on

337

A charge delivered to the grand jury in the circuit court of the

United States for the district of Virginia, in May 1791.

355

Considerations on the Bank of North America. Published in

the

395

LECTURES ON LAW,

DELIVERED IN THE

COLLEGE OF PHILADELPHIA,

IN THE YEARS ONE THOUSAND SEVEN HUNDRED AND NINETY,

AND ONE THOUSAND SEVEN HUNDRED AND NINETY ONE.

VOL. III.

PART III.

CHAPTER I.

OF THE NATURE OF CRIMES; AND THE NECESSITY AND

PROPORTION OF PUNISHMENTS.

HITHERTO, we have considered the rights of men, of citizens, of publick officers, and of publick bodies: we must now turn our eyes to objects less pleasing—the violations of those rights must be brought under our view. Man is sometimes unjust: sometimes he is even criminal: injuries and crimes must, therefore, find their place in every legal system, calculated for man.

One consolatory reflection, however, will greatly support us in our progress through this uninviting part of our journey: we shall be richly compensated when we reach its conclusion. The end of criminal jurisprudence is the prevention of crimes,

What is an injury ?—What is a crime ?- What is reparation ?-What is punishment ?- These are questions, which ought to be considered in a separate, and also in a connected, point of view. At some times, they have been too much blended. In some instances, the injury and the reparation have been lost in the crime and the punishment. In other instances, the crime and the punishment have, with equal impropriety, been sunk in the reparation and injury. At other times, they have been kept too much apart. The crime has been considered as altogether unconnected with the injury, and the punishment as altogether unconnected with reparation. In other instances, the reparation only has been regarded, and no attention has been given to the punishment: the injury only has been calculated ; but no computation has been made concerning the crime.

An injury is a loss arising to an individual, from the violation or infringement of his right.

A reparation is that, which compensates for the loss sustained by an injury.

A crime is an injury, so atrocious in its nature, or so dangerous in its example, that, besides the loss which it occasions to the individual who suffers by it, it affects, in its immediate operation or in its consequences, the interest, the peace, the dignity, or the security of the publick. Offences and misdemeanors denote inferiour crimes.

A punishment is the infiction of that evil, superadded to the reparation, which the crime, superadded to the injury, renders necessary, for the purposes of a wise and good administration of government.