Thus it is the glory of an Englishman, that he is not only governed by laws, but that these are also tempered by mercy; a country restrained by severe laws, and those too executed with severity, (as in Japan,) is under the most terrible species of tyranny; 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 peculiar talents for villany, attempted to evade the ordinances already established; their practices, therefore, 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 ordinances; still, however, he kept his proper distance, and whenever one crime was judged penal by the state, he left committing it, in order to practise some unforbidden species of villany. Thus the criminal against whom the threatenings were denonuced always escaped free; while the simple rogue alone felt the rigour of justice. In the mean time, penal laws became numerous, almost every person in the state unknowingly, at different times offended, and was every moment 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 villany, 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 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 a 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 lesa 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 enacting, proscriptions, stranglings, poisonings, in almost every family of distinction; yet all was 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 freequently 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, 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 con2 N

VOL. III.

sidered 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 in such hands should the administration 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 me, 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 fulfil your promise? your royal word was given that your enemies should be destroyed, and behold you have pardoned all, and even carressed 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 sometimes 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.

I 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 clothes 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 seamstress, 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 of moderate fortunes are contented with tails moderately long; but ladies of true taste and distinction set no bounds to their ambition in this particular. I am told, the Lady Mayoress, on days of ceremony, carries one longer than a bell wether of Bantam, whose tail, you know, is trundled along in 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 inhabitants of a

single island are often found inconsistent with 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 cal culated to increase the price of silk than the present manner of dressing. A lady's train is not bought but at some expense, 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 ten times 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 a lady, dressed up to the fashion, is as much a cripple as any in Nankin. But his chief indignation is levelled at those who dress in this manner, without a proper fortune to support it. He assures me, that he has known some, who would have a tail, though they wanted a petticoat; and others, who, without any other pretensions, fancied they became ladies, merely from the addition of three superfluous yards of ragged silk;

"I know a thrifty good woman," continues he, "who, thinking herself obliged to carry a train like her betters, never walks from home without the uneasy apprehensions of wearing it out too soon; every excursion she makes gives her new anxiety, and her train is every bit as importunate, and wounds her peace as much, as the bladder we sometimes see tied to the tail of a cat."

Nay, he ventures to affirm, that a train may often bring a lady into the most critical circumstances; "for should a