a royal tyrant is generally dreadful to the great, but numerous penal laws grind every rank of people, and chiefly those least able to resist oppression, the

poor.

It is very possible, thus for a people to become slaves to laws of their own enacting, as the Athenians were to those of Draco. "It might first happen," says the historian, "that men with pecu"liar talents for villainy, attempted to evade the or"dinances already established; their practices there"fore, soon brought on a new law levelled against "them; but the same degree of cunning which had "taught the knave to evade the former statutes, "taught him to evade the latter also; he flew to "new shifts, while Justice pursued with new ordi"nances; still, however, he kept his proper dis"tance, and whenever one crime was judged penal by the state, he left committing it in order to practice some unforbidden species of villainy. "Thus the criminal against whom the threatnings "were denounced always escaped free; while the simple rogue alone felt the rigour of justice. In "the mean time penal laws became numerous, al"most every person in the state unknowingly at "different times offended, and was every moment

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subject to a malicious prosecution." In fact, penal laws, instead of preventing crimes, are generally enacted after the commission; instead of repressing the growth of ingenious villainy, only multiply deceit, by putting it upon new shifts and expedients of practising with impunity.

Such laws, therefore, resemble the guards which are sometimes imposed upon tributary princes, apparently indeed to secure them from danger, but in reality to confirm their captivity.

Penal laws, it must be allowed, secure property in a state, but they also diminish personal security in

the

the same proportion: there is no positive law, how equitable soever, that may not be sometimes capable of injustice. When a law enacted to make theft punishable with death, happens to be equitably executed, it can at best only guard our possessions; but when by favour or ignorance Justice pronounces a wrong verdict, it then attacks our lives, since in such a case the whole community suffers with the innocent victim; if therefore in order to secure the effects of one man, I should make a law which may take away the life of another, in such a case to attain smaller good, I am guilty of a greater evil; to secure society in the possession of a bauble, I render a real and valuable possession precarious. And indeed the experience of every age may serve to vindicate the assertion: no law could be more just than that called lese majestatis, when Rome was governed by Emperors. It was but reasonable, that every conspiracy against the administration should be detected and punished; yet what terrible slaughters succeeded in consequence of its enactment, proscriptions, stranglings, poisonings, in almost every family of distinction; yet all done in a legal way, every criminal had his trial, and lost his life by a majority of witnesses.

And such will ever be the case, where punishments are numerous, and where a weak, vicious, but above all, where a mercenary magistrate is concerned in their execution; such a man desires to see penal laws increased, since he too frequently has it in his power to turn them into instruments of extortion; in such hands the more laws, the wider means, not of satisfying justice, but of satiating avarice.

A mercenary magistrate who is rewarded in proportion, not to his integrity, but to the number he

convicts,

convicts, must be a person of the most unblemished character, or he will lean on the side of cruelty: and when once the work of injustice is begun, it is impossible to tell how far it will proceed; it is said of the Hyæna that naturally it is no way ravenous, but when once it has tasted human flesh, it becomes the most voracious animal of the forest, and continues to persecute mankind ever after: a corrupt magistrate may be considered as a human Hyæna; he begins perhaps by a private snap, he goes on to a morsel among friends, he proceeds to a meal in public, from a meal he advances to a surfeit, and at last sucks blood like a vampyre.

Not into such hands should the admisnistration of justice be entrusted, but to those who know how to reward as well as to punish. It was a fine saying of Nangfu the emperor, who being told that his enemies had raised an insurrection in one of the distant provinces, Come then, my friends, said he, follow ine, and I promise you that we shall quickly destroy them, he marched forward, and the rebels submitted upon his approach. All now thought that he would take the most signal revenge, but were surprised to see the captives treated with mildness and humanity. How! cries his first minister, is this the manner in which you fulfi! your promise? your royal word was given that your enemies should be destroyed, and behold you have pardoned all, and even caressed some! I promised, replied the emperor, with a generous air, to destroy my enemies, I have fulfilled my word, for see they are enemies no longer; I have made friends of them.

This, could it always succeed, were the true method of destroying the enemies of a state; well it were if rewards and mercy alone could regulate the commonwealth; but since punishments are some

times

times necessary, let them at least be rendered terrible, by being executed but seldom, and let Justice lift her sword rather to terrify than revenge.

Adieu.

LETTER LXXX.

FROM THE SAME.

1

HAVE as yet given you but a short and imperfect description of the Ladies of England. Woman, my friend, is a subject not easily understood, even in China; what therefore can be expected from my knowledge of the sex in a country where they are universally allowed to be riddles, and I but a stranger?

To confess a truth, I was afraid to begin the description, lest the sex should undergo some new revolution before it was finished; and my picture should thus become old before it could well be said to have ever been new. To day they are lifted upon stilts, to-morrow they lower their heels and raise their heads; their cloaths at one time are bloated out with whalebone; at present they have laid their hoops aside and are become as slim as mermaids. All, all is in a state of continual fluctuation, from the Mandarine's wife, who rattles through the streets in her chariot, to the humble sempstress, who clatters over the pavement in iron-shod pattens.

What chiefly distinguishes the sex at present is the train. As a lady's quality or fashion was once determined here by the circumference of her hoop, both are now measured by the length of her tail.

Women

.

wen of moderate fortunes are contented wi Soderately long; but ladies of true taste abc sanction set no bounds to their ambition in the articular. I am told, the Lady Mayoress, on days i ceremony, carries one longer than a bell wether of Bantam, whose tail you know is trundled along m a wheelbarrow.

Sun of China, what contradictions do we find in this strange world! not only the people of different countries think in opposition to each other, but the nhabitants of a single island are often found inconsistent to themselves; would you believe it? this very people, my Fum, who are so fond of seeing their women with long tails, at the same time dock their horses to the very rump!!!

But you may easily guess that I am no ways displeased with a fashion which tends to increase a demand for the commodities of the East, and is so very beneficial to the country in which I was born. Nothing can be better calculated to increase the price of silk than the present manner of dressing. A lady's train is not bought but at some expence, and after it has swept the public walks for a very few evenings, is fit to be worn no longer: more silk must be bought in order to repair the breach, and some ladies of peculiar economy are thus found to patch up their tails eight or tentimes in a season. This unnecessary consumption may introduce poverty here, but then we shall be the richer for it in China.

The man in black, who is a professed enemy to this manner of ornamenting the tail, assures me, there are numberless inconveniences attending it, and that alady dressed up to the fashion is as much a cripple as any in Nankin. But his chief indignaton is levelled at those who dress in this manner, without a proper fortune to support it. He assures ice, that he has known some, who would have a tail,