Public prosecutions are become little better than schools for treason; of no use but to improve the dexterity of criminals in the mystery of evasion; or to show with what complete impunity men may conspire against the commonwealth; with what safety assassins may attempt its awful head. Everything is secure, except what the laws have made sacred; everything is tameness and languor that is not fury and faction. Whilst the distempers of a relaxed fibre prognosticate and prepare all the morbid force of convulsion in the body of the state, the steadiness of the physician is overpowered by the very aspect of the disease. The doctor of the constitution, pretending to underrate what he is not able to contend with, shrinks from his own operation. He doubts and questions the salutary but critical terrors of the cautery and the knife. He takes a poor credit even from his defeat, and covers impotence under the mask of lenity. He praises the moderation of the laws, as, in his hands, he sees them baffled and despised. Is all this, because in our day the statutes of the kingdom are not engrossed in as firm a character, and imprinted in as black and legible a type as ever? No! the law is a clear, but it is a dead letter. Dead and putrid, it is insufficient to save the state, but potent to infect and to kill. Living law, full of reason, and of equity and justice (as it is, or it should not exist), ought to be severe and awful too; or the words of menace, whether written on the parchment roll of England, or cut into the brazen tablet of Rome, will excite nothing but contempt. How comes it, that in all the state prosecutions of magnitude, from the Revolution to within these two or three years, the Crown has scarcely ever retired disgraced and defeated from its courts? Whence this alarming change? By a connection easily felt, and not impossible to be traced to its cause, all the parts of the state have their correspondence and consent. They who bow to the enemy abroad, will not be of power to subdue the conspirator at home. It is impossible not to observe, that, in proportion as we approximate to the poisonous jaws of anarchy, the fascination grows irresistible. In proportion as we are attracted towards the focus of illegality, irreligion, and desperate enterprise, all the venomous and blighting insects of the state are awakened into life. The promise of the year is blasted, and shrivelled and burned up before them. Our most salutary and most beautiful institutions yield nothing but dust and smut; the harvest of our law is no more than stubble. It is in the nature of these eruptive diseases in the state to sink in by fits, and re-appear. But the fuel of the malady remains; and in my opinion is not in the smallest degree mitigated in its malignity, though it waits the favourable moment of a freer communication with the source of regicide to exert and to increase its force.
Is it that the people are changed, that the commonwealth cannot be protected by its laws? I hardly think it. On the contrary, I conceive that these things happen because men are not changed, but remain always what they always were; they remain what the bulk of us ever must be, when abandoned to our vulgar propensities, without guide, leader, or control; that is, made to be full of a blind elevation in prosperity; to despise untried dangers; to be overpowered with unexpected reverses; to find no clue in a labyrinth of difficulties, to get out of a present inconvenience with any risk of future ruin; to follow and to bow to fortune; to admire successful though wicked enterprise, and to imitate what we admire; to contemn the government which announces danger from sacrilege and regicide, whilst they are only in their infancy and their struggle, but which finds nothing that can alarm in their adult state, and in the power and triumph of those destructive principles. In a mass we cannot be left to ourselves. find guides who will contrive to conduct us to shame and ruin.
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