of the affairs of mankind, we as frequently discover a deficiency of mental discipline and self-knowledge by rejecting opinions because they are antiquated, as by adhering to them for the same pertinacious reason. I am ready to confess myself exposed to such fallibility, in common with the rest of my species; and, as Sir Richard Steele is said to have published his "Christian Hero" in order to commit himself to his dissolute companions as an admirer of virtue; so would I, as an expedient against the infirmities above alluded to, declare to the reader thus early, that in maintaining my opinions, I shall endeavour not to betray the weakness of the controversialist; and, as is too frequent, be more solicitous for my own theories than for the triumph of Truth.

CHAPTER II.

Of the principles of Political Economy as the foundation of the Criminal Law.

ALTHOUGH it is an indisputable truth, that politicians, in establishing the institutions and laws of society, have had very little regard to the theories on which governments and legislative power are supposed to be founded, but have chiefly been actuated by the emergency of the moment, or as Lord Bacon calls it the spur of the occasion, and have been equally regardless of remote beginnings as they have of remote ends; yet, it must be admitted, that, as mankind advance in knowledge, it is absolutely necessary to introduce into the measures of legislation such enlightened views as shall correspond with their improvement. One of the chief alterations which is made in his condition, by the progress of science, is, that he is every day less and less the mere creature of absolute power. In the early periods of civiliza

tion, it is wisely ordered by the constitution of our nature, that we should be disposed blindly to give ourselves up to the authority of those, who have manifested superior faculties to our own. Where general rules of action are unknown, or are little valued, it is impossible for men to act in a consentaneous manner, without in a great measure becoming passive beings under the direction. of another; and so little are uncivilized men disposed to think for themselves on questions, which are not by necessity pressed upon their attention, that they are very ready to acquiesce in any system of things, provided their immediate wants and instincts can be gratified.

Not so, however, when the mind is enlarged by experience, and is capable of generalizing the facts it has collected. Theory and speculation then commence their hazardous projects; the difficulty of managing this tumult of many minds encreases; and to attempt to drive mankind, after they have emerged from ignorance, is about as preposterous as to attempt the same discipline with a ship at sea. Hence arises the necessity for politicians of the present age to attend to the reason of things; and to look much

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farther before them than they have been accustomed to do. If they would succeed they must be able to anticipate what men will be, as well as what they have been; and instead of depending upon minute regulations, which take their character from the season in which they are adopted, they must proceed upon broader principles, and enlarge their rules to the utmost limits, so as to have regard to the spirit of men's actions, and not to the technical definition of them.

The necessity of adopting this line of conduct has given rise to a new Science in modern times, which has been applied with unexampled success to some particular branches of government. It adopts as its leading principles truths like these; which, instead of being visionary and metaphysical speculations, come home to the bosom and understanding of every man as intuitive axioms: "That what we call the Political Order, is much less the effect of human contrivance than is commonly imagined:-That every man is a better judge of his own interest than any legislator can be for him; and that this regard to private interest (or, in other words this desire of bettering our condition) may be safely trusted to as a principle of ac

tion universal among men in its operation ;--a principle stronger indeed in some than in others, but constant in its habitual influence upon all :---That, when the rights of individuals are completely protected by the magistrate, there is a strong tendency in human affairs, arising from what we are apt to consider as the selfish passions of our nature, to a progressive and rapid improvement in the state of society :---That this tendency to improvement in human affairs is often so very powerful, as to correct the inconveniences threatened by the errors of the statesman :--And that, therefore, the reasonable presumption is in favour of every measure which is calculated to afford to its farther developement, a scope still freer than what it at present enjoys; or, which amounts very nearly to the same thing, in favour of as great a liberty in the employment of industry, of capital, and of talents, as is consistent with the security of property, and of the other rights of our fellow citizens."

These characteristical doctrines of the Political Economists, quoted from Dugald Stewart as the best source of authority, though they have no direct bearing upon the subject of penal legislation, evidently lead to