fwords, but because to men of that clafs reputation is of lefs importance than it is to thofe of a higher rank, who commonly regard each other with distrust and jealousy.

It may not be without its use to repeat here, what has been mentioned by other writers, viz. that the best method of preventing this crime is to punish the aggreffor, that is, the perfon who gave occafion to the duel, and to acquit him, who, without any fault on his fide, is obliged to defend that, which is not fufficiently fecured to him by the laws.

CHAP.

Of Crimes which disturb the public Tranquillity.

ANOTHER clafs of crimes are thofe which disturb the public tranquillity and the quiet of the citizens; fuch as tumults and riots in the public streets, which are intended for commerce and the paffage of the inhabitants; the difcourfes of fanatics, which roufe the paffions of the curious multitude, and gain ftrength from the number of their hearers, who, though deaf to calm and folid reasoning, are always affected by obfcure and myfterious enthusiasm.

The illumination of the streets, during the night, at the public expence; guards stationed in different quarters of the city; the plain and moral discourses of religion, referved for the filence and tranquillity of churches, and protected by authority; and harangues in fupport of the intereft of the public, delivered only at the general meetings of the nation, in parliament, or where the fovereign refides; are all means to prevent the dangerous effects of the misguided paffions of the people. Thefe fhould be the principal objects of the vigilance of a magi

ftrate,

frate, and which the French call Police; but if this magiftrate fhould act in an arbitrary màn ner, and not in conformity to the code of laws, which ought to be in the hand of every member of the community, he opens a door to tyranny, which always furrounds the confines of political liberty.

I do not know of any exception to this general axiom, that Every member of the fociety fhould know when he is criminal, and when innocent. If cenfors, and, in general, arbitrary ma giftrates, be neceffary in any government, it proceeds from fome fault in the conftitution. The uncertainty of crimes hath facrificed more victims to fecret tyranny, than have ever fuffered by public and folemn cruelty.

What are, in general, the proper punishments for crimes? Is the punishment of death really useful, or neceffary for the fafety or good order of society? Are tortures and torments confistent with justice, or do they answer the end propofed by the laws? Which is the best method of preventing crimes? Are the fame punishments equally useful at all times? What influence have they on manners? Thefe problems fhould be folved with that geometrical precifion which the mift of fophiftry, the feduction of eloquence, and the timidity of doubt are unable to refift. E

If

If I have no other merit than that of having first presented to my country, with a greater degree of evidence, what other nations have written, and are beginning to practife, I fhall account myself fortunate; but if, by supporting the rights of mankind and of invincible truth, I fhall contribute to fave from the agonies of death one unfortunate victim of tyranny, or of ignorance, equally fatal; his bleffing, and tears of tranfport, will be a fufficient confolation to me for the contempt of all mankind.

CHAP

Of the Intent of Punishments.

FROM the foregoing confiderations it is evi. dent, that the intent of punishments is not to torment a fenfible being, nor to undo a crime already committed. Is it poffible that torments, and useless cruelty, the inftruments of furious fanaticifm, or of impotency of tyrants, can be authorised by a political body? which, fo far from being influenced by paffion, fhould be the cool moderator of the paffions of individuals. Can the groans of a tortured wretch recal the time paft, or reverse the crime he has committed?

The end of punishment, therefore, is no other, than to prevent others from committing the like offence. Such punishments, therefore, and fuch a mode of inflicting them, ought to be chofen, as will make strongest and moft lafting. impreffions on the minds of others, with the least torment to the body of the criminal.