comes a king in the triumphal car of victory, than on the bench of justice. If it is our wish to make vice shrink and virtue flourish, let us show we pay some attention to honesty; let us not punish various degrees of vice with equal infliction,—let us appreciate what little virtue there is even in the wretch amenable to our laws.
If reasoning has no power over our minds, let us at least be guided by experience; and has not the experience of ages shown us the insufficiency of capital punishments? does not the catalogue of crimes consist in an incessant repetition of ditto's, in spite of the penalty of death being affixed to all? Does not Asia, Europe, Africa, America, every people, every nation, nay every village of this sublunary world, demonstrate the insufficiency of this punishment? And does not the continued success—this changing of the laws has met with in every country, demonstrate its expediency? Let us look upon the effect in the Roman state. What parts of their history are most stained with iniquity, and what period is most pure from vice? Was it under the kings or Emperors,—under the Decemviri or Triumviri? Under the kings they were a nest of thieves; under the emperors an universal brothel—under the Decemviri they were unjust and blood-thirsty; and under the Triumviri, a laurelled set of butchers. It was between the expulsion of the Decemviri and the tyranny of the Triumviri, that virtue, honor, and probity reigned; it was during this time, that a Scipio, a Lælius, and two Cato's arose: it was during this time that capital punishments did not exist. It was under Sylla, that the first step was made towards capital punishments by the law of exile prohibiting fire and water; and it was under him that corruption made the first strides amongst the people. We do not pretend to give this as the only cause; by such an absurdity we should expose ourselves deservedly to the ridicule of our adversaries: but we certainly maintain that it was
