If I am not myfelf fo barbarous, fo bloody-minded, and revengeful, as to kill a fellow-creature for ftealing from me fourteen fhillings and three pence, how can I approve of a law that does it? Montefquieu, who was himself a judge, endeavours to imprefs other maxims. He must have known what humane judges feel on fuch occafions, and what the effects of those feelings; and, fo far from thinking that severe and exceffive punishments prevent crimes, he afferts, as quoted by our French writer, that

"L'atrocité des loix en empêche l'exècution.

"Lorfque la peine eft fans mefure, on eft fouvent "obligé de lui préférer l'impunité.

"La caufe des tous les relâchemens vient de l'impunité des crimes, et non de la moderation des "peines."

It is faid by thofe who know Europe generally, that there are more thefts committed and punished annually in England than in all the other nations put together. If this be fo, there must be a cause or caufes for fuch depravity in our common people. May not one be the deficiency of justice and morality in our national government, manifefted in our oppreffive conduct to fubjects, and unjuft wars on our neighbours? View the long-perfifted in, unjuft, monopolizing treatment of Ireland, at length acknowledged! View the plundering government exercifed by our merchants in the Indies; the confiicating war made upon the American colonies; and, to fay nothing of thofe upon France and Spain, view the late war upon Holland, which was feen by impartial Europe in no other light than that of a war in rapine and pillage; the hopes of an immenfe and eafy prey being its only appaent, and probably its true and real motive and

After

encouragement. Juftice is as ftrictly due between neighbour nations as between neighbour citizens. A highwayman is as much a robber when he plunders in a gang, as when fingle; and a nation that makes an unjust war is only a great gang. employing your people in robbing the Dutch, is it ftrange that, being out of that employ by peace, they still continue robbing, and rob one another? Piraterie, as the French call it, or privateering, is the univerfal bent of the English nation, at home and abroad, wherever fettled. No lefs than seven hundred privateers were, it is faid, commiffioned in the laft war! Thefe were fitted out by merchants, to prey upon other merchants, who had never done them no injury. Is there probably any one of thofe privateering merchants of London, who were fo ready to rob the merchants of Amfterdam, that would not as readily plunder another London merchant of the next street, if he could do it with the fame impunity The avidity, the alieni appetens is the fame; it is the fear alone of the gallows that makes the difference. How then can a nation, which, amongst the honeftest of its people, has fo many thieves by inclination, and whofe government encouraged and commiffioned no lefs than feven hundred gangs of robbers; how can fuch a nation have the face to condemn the crime in individuals, and hang up twenty of them in a morn ing! It naturally puts one in mind of a Newgate anecdote. One of the prifoners complained, that in the night fomebody had taken his buckles out of his fhoes. "What the devil " fays another, "have we then thieves amongst us? It must not be fuffered, Let us fearch out the rogue, and him to death."

Pump

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1

There is, however, one late inftance of an Ent glish merchant who will not profit by fuch ill-gor ten gain. He was, it feems, part owner of a fhip, which the other owners thought fit to employ as a letter of marque, and which took a number of French prizes. The booty being shared, he has now an agent here enquiring, by an advertisement in the Gazette, for thofe who fuffered the lofs, in order to make them, as far as in him lies, reftituer tion,This confcientious man is a Quaker. The Scotch prefbyterians were formerly as tender; for there is ftill extant, an ordinance of the towncouncil of Edinburgh, made foon after the Reformation," forbidding the purchase of prize goods, under pain of lofing the freedom of the burgh for ever, with other punishment at the will of the magistrate; the practice of making prizes being contrary to good confcience, and the rule of treating Chriftian brethren as we would with: to be treated; and fuch goods are not to be fold by đ ny godly men within this burgh," The race of thefe godly men in Scotland is probably extinct, or their principles abandoned, fince, as far as that nation had a hand in promoting the war against the colonies, prizes and confifcations are believed to have been a confiderable motive.dary It has been for fome time a generally received opinion, that a military man is not to enquire whe ther a war be juft or unjuft; he is to execute his orders. All princes who are difpofed to become tyrants, muft probably approve of this opinion, and be willing to establish it; but is it not a dan gcrous one? fince, on that principle, if the tyrant commands his army to attack and deftroy, not only an unoffending neighbour nation, but even his

own fubjects, the army is bound to obey.A negro flave, in our colonies, being commanded by = his matter to rob or murder a neighbour, or do any other immoral a&, may refufe; and the mas giftrate will protect him in his refufal. The flaves ry then of a foldier is worse, than that of a negro ! A confcientious officer, if not reftrained by the apprehenfion of its being imputed to another cause, may indeed refign, rather than be employed in an unjust war, but the private men are flaves for life; and they are perhaps incapable of judging for themfelves. We can only lament their fate, and fill more that of a failor, who is often dragged by force from his honeft occupation, and compelled to imbrue his hands in perhaps innocent blood. But methinks it well behoves merchants (men more enlightened by their education, and perfectly free' from any fuch force or obligation) to confider well of the juftice of a war, before they voluntarily en-" gage a gang of ruffians to attack their fellow-merchants of a neighbouring nation, to plunder them of their property, and perhaps ruin them and their families, if they yield it; or to wound,' maim, and murder them, if they attempt to defend it. Yet these things are done by Chriftian merchants, whether a

ly be junar be just or unjust; and it can hard

ly be just on both fides. They are done by Englifly and American merchants, who, nevertheless, complain of private theft, and hang by dozens the' thieves they have taught by their own example. 9

It is high time, for the fake of humanity, that a ftop were put to this enormity The United States of America, though better fituated than any European nation to make profit by privatecring, (niost of the trade of Europe with the Weft Indies palk

ing before their doors) are, as far as in them lies, endcavouring to abolith the practice, by offering, in all their treaties with other powers, an article, engaging folemnly, that in cafe of future war, no privateer fhall be commiffioned on either fide; and that unarmed merchant-fhips, on both fides, fhall purfue their voyages unmolefted. This will be a happy improvement of the law of nations. The humane and the just cannot but with general fuccefs to the propofition.

With unchangeable efteem and affection,

I am, my dear friend,
Ever yours.

* This ofr hwing been accepted by the late king of Pruffia, a treaty of anity and commerce was conclude i between that monach and the United States containing the following bumane, philanthropic article. in the formation of which De Franklin, as one of the American plenipotentiaries, was principally concerned, viz.

ART. XXII.

If war fhould arife between the two contracting parties, the merchants of either country, then refiling in the other. fhall be alowed to reinain nine mouths to chlleft their debts and settle their affairs, and may depart freely, carrying off their effects without moleftation or hindrance: and all women and chiatrem, Icholars of every faulty, cultivators of the earth, artifins, manufacturers, and fishermen, an armed and inhabiting unfort lied towns, villages, or places, and in general all outlers whore occupations are for the common fabience and benefit of mankind, fhall be allowed to continue their respective employme its, and has not be molefted in their perfons, por fall their houf's or goods be burht, or otherwile Feltroyed, nor their fields wafted, by the armed force of the enemy into whole power, by the events of war, they may happen to tal; but if any thing is necellary to be taken trois fem for the ue of fuch armed force the fine fhil be paid for at a restenable price. And all merchant and trading veffels employed in exchanging the products of difer ent places, and thereby ren lering the neceffurics, conveniencies, and comforts of Luman life more eafy to be obtained, and more general, false allowed to pats fee and added; and neither of the contracting powers all giant or iffus any com miflion to any private armed vellels empowering theia to take or defroy fuck trading vafels, or interrupt fuch commerce.