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•The rights of men in general.
• Difference of rights. General division.-Rights personal. Rights real.- Ori. ginal rights.-Adventitious rights.
• Laws of acquisition in general.
• Law of occupancy.
• Law of acquisition by contract. • The obligations of contract.-Laws of contract in general.—Contracts of different denominations.—The exceptions to contracts in general. Exceptions peculiar to conditional and reciprocal contracts.
• Law of acquisition by forfeiture. • Of the law of acquisition as applicable to particular rights. • Of poffeflion.-Of property. Of command or service,
“Of the law of defence. • Of the means of defence in general.—The case of parties strangers to each other.—Case of fellow-citizens.-Case of naa tions.-Conclusion of jurisprudence.
·PART VI. Of Casuistry. '
"Of the sanciion of religion.
• Of the sanction of conscience.
Of the tendency of virtue in external actions. "Of the different branches of virtue.-Duties referred to probity. Duties referred to prudence. Duties referred to temperance. -Duties referred to fortitude.-Uses of casuistry. Of merit and demerit.
PART VII. Of Politics.
Of public economy. • Of national resources in general.--Of populousness.- Of riches.-Of revenue.
"Of political law. . Of this law in general. Of the safety of the people. Of the happiness of a people.-Of the fitness of the institution to the people. The distribution of office fitted to the conftitution.-Importance of political institutions.'
As specimens of the doctor's manner, we subjoin the follow. ing extracis.
• Of the Sanction of Religion. • Religion is the sentiment of the mind relating to God.
The sanction of religion is its tendency to influence mens condu&t.
• This tendency is of two kinds.
« The first is, to make men love wisdom and beneficence, as being the characteristics of the Supreme Being, whom they adore ; and to make them love their situations, and their duties, as being appointed by Providence.
• The second is, to make them hope for rewards, and to fear punishments.
•The religious do&rine of rewards and punishments is a species of compulsory law, extending to all the thoughts and inclinations, as well as the actions, of men.
• This law, in all its extent, can be safely applied by every person only to himself.
• When magistrates think themselves armed with the fanction of religion, and intitled to restrain thoughts as well as ac. tions, they attempt what is placed beyond the reach of their power,
• Superstition, or the abuse of religion, has been accompanied with very fatal effects :
• With a misapplication of moral esteem, and the substitution of frivolous rites for moral duties ; with cruel animosities of party, and a false apprehension of sanctity in any acts of injustice and horror that proceed from a fupposed religious zeal.' :
Of the safety of the people, • By the people is to be understood, not any feparate class, but all the members of the community, the magiftrate as well as the subject.
• The safety of the people consists in the secure enjoyment of their rights.
• That the rights of men may be secure, it is necessary, ei. ther that there Nould be no one to invade, or that there should be a fufficient power to defend.
• The first is not to be expected in human affairs ; the fecond is the principal object of political establishments.
• It has been the object, or the fortune, of some communities, to posless members who might be intrusted with any powers.
• It has been the object of other communities, to grant such powers only as might be intrusted with any men.
· These several cases, real or supposed, may be intitled, The government of Innocence, of Virtue, and of Law.
• Under the government of innocence, or of virtue, matters of form are easily adjusted,
• Under the government of law, it is necessary, that the rights and obligations of men should be clearly expressed.
• This is the obje&t of conventional law.
• In every convention is supposed the consent of parties given in person, or by others properly authorised. ,,
The sovereign is authorised to enact laws. • Laws relate to the constitution, to civil rights, or to crimes.
• The most perfect laws relating to the constitution, are such as confer on the magistrate power to restrain crimes, and to defend the community ; but under limitations sufficient to prevent the abuse of this power.
• The most perfe&t laws relating to civil rights, are such as effe&tually secure every person in his state.
• It is the maxim of civil law, That every person should remain in his possession, until a better title is undoubtedly proved.
• Laws relating to crimes, prescribe the form of trials, and point out the overt acts for which certain punishinents are appointed.
• The following are maxims of natural law relating to prosecutions.
• That every person is to be deemed innocent until he is proved to be guilty.
• That no one Mall be obliged to give evidence that may affe&t himself.
• That no one shall be tortured into confessions or discoveries of any sort. • " That no one shall be punished, unless he shall have committed such overt acts as the law has pronounced to be cri. minal,
"That it is better the guilty escape, than the innocent suffer.
• That no severer punishment be infli&ted for any crime, than is required to corre& the guilty, and deter others.
• To secure legal rights, it is necessary that : he laws should be ftriatly interpreted and applied.
• Under the government of law, discretionary powers are not safely intrufted, except to judges named by the parties; or to juries purged by the challenge of parties, and interestedequally to prote& the innocent and to punish the guilty.
• In the fecurity of rights consists civil and political liberty.
• Liberty is oppofed to injustice, not to restraint ; for liberty even cannot sublift withouc the supposition of every just Teftraint.
Vol. XXIX. May, 1770.
• Natural liberty is not impaired, as sometimes fuppofed, by political institutions, but owes its existence to political institutions, and is impaired only by usurpations and wrongs.
..The laws of different communities bestow unequal privileges on their members; but liberty consists in the secure poffeffion of what the law bestows.
"Those are the most falutary laws which distribute the be. nefits and the burdens of civil society in the most equal manner to all its members.'
XIII. Observations on a Pamphlet, entitled, Thoughts on the Cause
of obe Present Discontents. By Catharine Macaulay. Svo. Pr. Is. Dilly.
Affume a virtue, if you have it not. SHAKESPEARE. IN this pamphlet our political heroine declares war against 1 the author whose performance she has undertaken to review.- Of her motto we must observe, that in the original place, where the advice is given, it is just and proper : it is addressed by Hamlet to his mother; and when a woman has broken down the bounds of all decorum, when the lives in the rank sweat of an adulterous bed, it then becomes necessary to bid her have some regard to decency, if she has renounced all virtue. Hypocrisy, as far as it serves to throw a veil over the sensual gratifications of the fair sex, may be considered as part of the female toilet ; but the assumption of a virtue which we have not, can only lead among men to fraud, dissimulation, and all the vices of a counterfeited character. Whatever a political writer may think upon certain points or principles, we hold it just that he should avow his sentiments. His real character is thereby made known, and the public are enabled to judge whether a man of his cast of thought can be of ser• vice in public affairs. Let him fuppress his political creed, and when he has worked himself into employment, the effects of his administra.ion will be the more pernicious, as he will endeavour to obtain his end by secret 'machinations. - Having premised thus much, we now proceed to analyse the work before us.
• It is an undertaking of the highest difficulty as well as delicacy to point out the corruptions or mistakes of men, whose disappointed ambition hath led them to offer their services to an alarmed and inraged populace, and whose abilities of character and situation promise a successful exertion in the cause of opposition. I will ever in all great points of national welfare, express my genuine opinions to my countrymen ; and on this consideration alone I im. dertake the invidious talk of making disagreeable observations on
Macaulay's Observations on Thoughts on the present Discontents. 387 the baneful tendency of a pamphlet, entitled, “ Thoughts on the " Cause of the present Discontents."
The pamphlet in question is written with great eloquence, acuteness, and art; but its fine turned and polished periods carry with them a poison sufficient to destroy all the little virtue and uno derstanding of sound policy which is left in the nation. Whilft the obvious intent of this pernicious work is to expose the dangerous designs of a profligate junto of courtiers, supported by the mere authority of the crown, against the liberties of the constitution ; it likewise endeavours to minead the people on the subject of the more complicated and specious, though no less dangerous maneuvres of aristocratic faction and party, founded on and supported by the corrupt principle of self-interest.
It is often retorted on speculative reasoners in policy, that not having been engaged in the practical parts of administration, they are apt to run into refinements incompatible with the gross and vicious nature of human affairs. Had these practical gentlemen ever attempted to prove that their speculative antagonists ground. ed their positions on a false mistaken notion of a non existing virtue in mankind, there would be some weight in their assertions : but as all systematical writers on the side of freedom, plan their forms and rules of government on the just grounds of the known corruption and wickedness of the human character, I shall be apt to suspect with the vulgar that their opinions are solely formed on finiter views.
• Had any thing befides a mode of tyranny more agreeable to the interests of the aristocratic faction, which took the lead in the opposition to the arbitrary administration of king James, been the probable consequence of the Revolution ; that important circumItance in the annals of our country had never taken place.
( The extension of popular powers hath ever been regarded with a jealous eye by a milinformed and selfish nobility. To dimninish the force of new acquired privileges, and as a bulwark to the party against the dreaded vengeance of a routed, though hardly subdued faction, the power of the reigning prince was to be strengthened by every diabolical engine which the subtle head and corrupt heart of a statesman could invent. The nation, instead of being the pay. masters, were to become the creditors of government. The larger the national debt, the stronger was supposed to be the operation of this Atate engine ; the more the people were beggared, the more it dia miniled their constitutional independency; and the largeness of the revenue, necessary for the supply of so expensive a government, with the yearly interest to be paid to its creditors, it was foreseen would afford variety of excuses for levying exorbitant taxes on the public : and thus the management of the revenue would give so large an additional power to the crown, as to make ample amends for the loss of a few idle prerogatives.
The wicked system of policy set on foot by the leaders of the Revolutionists in the reign of king William, and which proceeded perhaps more from fear of personal safety than from any very ma. licious intent against their country, was thoroughly completed un. der the administration of their sons. But whilst this Itate faction, who called themselves whigs, but wlio in reality were as much the destructive, though concealed enemies of public liberty, as were its more generous, because more avowed adversaries the tories; whilft they were erecting their batteries against those they termed inveCc 2