be left to the discretion of the magistrate, to determine upon each. particular accusation, whether it constitutes that offence which the law designed to punish, or not; which is, in effect, leaving to the magistrate to punish or not to punish, at his pleasure, the individual who is brought before him; which is just so much tyranny. Where, therefore, as in the instances above-mentioned, the distinction between right and wrong is of too subtle or of too secret a nature to be ascertained by any preconcerted language the law of most countries, especially of free states, rather than commit the liberty of the subject to the discretion of the ma gistrate, leaves men in such cases to themselves.

CHAPTER IV.

THE SCRIPTURES.

WHOEVER expects to find in the Scriptures particular directions for every moral doubt that arises, looks for more than he will meet with. And to what a magnitude such a detail of particular precepts would have enlarged the sacred volume, may be partly understood from the following consideration :—The laws of this country, including the acts of the legislature, and the decisions of our supreme courts of justice are not contained in fewer than fifty folio volumes; and yet it is not once in ten attempts that you can find the case you look for, in any law-book whatever: to say nothing of those numerous points of conduct, concerning which the law professes not to prescribe or determine any thing. Had then the same particularity which obtains in human laws, so far as they go, been attempted in the Scriptures, throughout the whole extent of morality, it is manifest they would have been by much too bulky to be either read or circulated; or rather, as St. John says, "the world itself could not contain the books that should be "written."

"even

Morality is taught in Scripture in this wise:-General rules are laid down of piety, justice, benevolence, and purity; such as worshipping God spirit and in truth; doing as we would be done by; loving our neighbour as ourself; forgiving others, as we expect forgiveness from God; that mercy is better than sacrifice; that not that which entereth into a man, (nor by parity of reason, any ceremonial pollutions) but that which proceedeth from the

heart, defileth him. Several of these rules are occasionally illustrated, either in fictitious examples, as in the parable of the good Samaritan; of the cruel servant, who refused to his fellow-servant that indulgence and compassion which his master had shown to him; or in instances which actually presented themselves, as in 'Christ's reproof of his disciples at the Samaratan village; his praise of the poor widow, who cast in her last mite; his censure of the Pharisees, who chose out the chief rooms,-and of the tradition, whereby they evaded the command to sustain their indigent parents; or, lastly, in the resolution of questions, which those who were about our Saviour proposed to him; as his answer to the young man who asked him, "What lack I yet?" and to the honest scribe, who had found out; even in that age and country, that "to love God and his neighbour, was more than all whole burnt 66 offerings and sacrifice."

And this is the way in which all practical sciences are taught, as Arithmetic, Grammar, Navigation, and the like.-Rules are laid down, and examples are subjoined: not that these examples are the cases, much less all the cases that will actually occur, but by way only of explaining the principle of the rule, and as so many specimens of the method of applying it. The chief difference is, that the examples in Scripture are not annexed to the rules with the didactic regularity to which we are now-a-days accustomed, but delivered dispersedly, as particular occasions suggested them; which gave them, however, (especially to those who heard them, and were present to the occasions which produced them) an energy and persuasion, much beyond what the same or any instances would have appeared with, in their places in a system.

Besides this, the Scriptures commonly pre-suppose in the persons they speak to, a knowledge of the principles of natural justice; and are employed, not so much to teach new rules of morality, as to enforce the practice of it by new sanctions, and a greater certainty; which last seems to be the proper business of a revelation from God, and what was most wanted.

Thus the "unjust covenant-breakers, and extortioners," are condemned in Scripture, supposing it known, or leaving it, where it admits of doubt, to moralists to determine, what injustice, ex-. tortion, or breach of covenant, are.

The above considerations are intended to prove, that the Scriptures do not supersede the use of the science of which we profess to treat, and to acquit them of any charge of imperfection or insufficiency on that account.

CHAPTER V.

THE MORAL SENSE.

"THE father of Caius Toranius had been proscribed by the triumvirate. Caius Toranius, coming over to the interest of that party, discovered to the officers, who were in pursuit of his "father's life, the place where he concealed himself, and gave "them withal a description, by which they might distinguish his 66 person when they found him. The old man, more anxious for "the safety and fortunes of his son, than about the little that "might remain of his own life, began immediately to inquire of "the officers who seized him, whether his son was well, whether "he had done his duty to the satisfaction of his generals? "That

son," replied one of the officers, "so dear to thy affections, be"trayed thee to us; by his information thou art apprehended, and "diest." "The officer with this struck a poniard to his heart, "and the unhappy man fell, not so much affected by his fate, as "by the means to which he owed it."*

Now the question is, whether, if the story were related to the wild boy caught some years ago in the woods of Hanover, or to a savage without experience, and without instruction, cut off in his infancy from all intercourse with his species, and, consequently, under no possible influence of example, authority, education, sympathy, or habit; whether, I say, such a one would feel, upon the relation, any degree of that sentiment of disapprobation of Toranius's conduct which we feel, or not?

They who maintain the existence of a moral sense, of innate maxims, of a natural conscience, that the love of virtue and hatred of vice are instinctive, or the perception of right and wrong intuitive (all which are only different ways of expressing the same thing) affirm that he would.

They who deny the existence of a moral sense, &c. affirm that he would not.

*"Caius Toranius triumvirum partes secutus, proscripti patris sui prætorii et ornati viri latebras, ætatem, notasque corporis, quibus agnosci posset, centurionibus edidit, qui eum persecuti sunt. Senex de filii magis vita, et incrementis, quam de reliquo spiritu suo solicitus, an incolumis esset, et an imperatoribus, satisfaceret, interrogare eos cœpit. E quibus unus: ab illo, inquit quem tantopere diligis, demonstratus nostro ministerio, filii indicio occideris: protinusque pectus ejus gladio trajecit, Collapsus itaque est infelix, auctore cædis, quam ipsa cede, miserior."

Valer. Max. Lib. ix. cap. 11. ·

And upon this, issue is joined.

As the experiment has never been made, and from the difftculty of procuring a subject, (not to mention the impossibility of proposing the question to him, if we had one) is never likely to be made, what would be the event can only be judged of from probable reasons.

They who contend for the affirmative, observe, that we approve examples of generosity, gratitude, fidelity, &c. and condemn the contrary, instantly, without deliberation, without having any interest of our own concerned in them, oft-times without being conscious of, or able to give any reason for our approbation; that this approbation is uniform and universal, the same sorts of conduct being approved or disapproved in all ages and countries of the world-circumstances, say they, which strongly indicate the operation of an instinct or moral sense.

On the other hand, answers have been given to most of thesc arguments by the patrons of the opposite system; and,

First, As to the uniformity above alleged, they controvert the fact. They remark, from authentic accounts of historians and travellers, that there is scarce a single vice which, in some age or country of the world, has not been countenanced by public opinion; that in one country, it is esteemed an office of piety in children to sustain their aged parents, in another, to despatch them out of the way; that suicide, in one age of the world, has been heroism, in another felony; that theft, which is punished by most laws, by the laws of Sparta was not unfrequently rewarded; that the promiscuous commerce of the sexes, although condemned by the regulations and censure of all civilized nations, is practised by the savages of the tropical regions without reserve, compunction, or disgrace: that crimes, of which it is no longer permitted us even to speak, have had their advocates amongst the sages of very renowned times; that, if an inhabitant of the polished nations of Europe be delighted with the appearance, wherever he meets with it, of happiness, tranquillity, and comfort, a wild American is no less diverted with the writhings and contortions of a victim at the stake; that even amongst ourselves, and in the present improved state of moral knowledge, we are far from a perfect consent in our opinions or feelings; that you shall hear duelling alternately reprobated and applauded, according to the sex, age, or station of the person you converse with; that the forgiveness of injuries and insults is accounted by one sort of people magna

nimity, by another, meanness; that in the above instances, and perhaps in most others, moral approbation follows the fashions and institutions of the country we live in; which fashions also and institutions themselves have grown out of the exigencies, the climate, situation, or local circumstances of the country; or have been set up by the authority of an arbitrary chieftain, or the unaccountable caprice of the multitude;-all which, they observe, looks very little like the steady hand and indelible characters of nature. But,

Secondly, Because after these exceptions and abatements, it cannot be denied but that some sorts of actions command and receive the esteem of mankind more than others, and that the approbation of them is general, though not universal: As to this they say, that the general approbation of virtue, even in instances where we have no interest of our own to induce us to it, may be accounted for without the assistance of a moral sense; thus:

"Having experienced, in some instances, a particular conduct "to be beneficial to ourselves, or observed that it would be so, a "sentiment of approbation rises up in our minds; which senti"ment afterwards accompanies the idea or mention of the same "conduct, although the private advantage which first excited it "be no more."

And this continuance of the passion after the reason of it has ceased, is nothing else, say they, than what happens in other cases; especially in the love of money, which is in no person so strong and eager, as it is often times found to be in a rich, old miser, without family to provide for, or friend to oblige by it, and to whom consequently it is no longer (and he may be sensible of it too) of any real use or value; yet is this man as much overjoyed with gain, and mortified by losses, as he was the first day he opened his shop, and when his very subsistence depended upon his success in it.

By these means the custom of approving certain actions commenced; and when once such a custom hath got footing in the world, it is no difficult thing to explain how it is transmitted and continued ; for then the greatest part of those who approve of virtue, approve of it from authority, by imitation, and from a habit of approving such and such actions inculcated in early youth, and receiving, as men grow up, continual accessions of strength and vigour, from censure and encouragement, from the books they read, the conversations they hear, the current application of epi