Introduction.
In every human society, there is an effort continually tending to confer on
one part the height of power and happiness, and to reduce the other to the
extreme of weakness and misery. The intent of good laws is to oppose this
effort, and to diffuse their influence universally and equally. But men
generally abandoned the care of their most important concerns to the
uncertain prudence and discretion of those whose interest it is to reject
the best and wisest institutions; and it is not till they have been led
into a thousand mistakes in matters the most essential to their lives and
liberties, and are weary of suffering, that they can be induced to apply a
remedy to the evils with which they are oppressed. It is then they begin to
conceive and acknowledge the most palpable truths which, from their very
simplicity, commonly escape vulgar minds, incapable of analysing objects,
accustomed to receive impressions, without distinction, and to be
determined rather by the opinions of others than by the result of their own
examination.
If we look into history we shall find that laws, which are, or ought to be,
conventions between men in a state of freedom, have been, for the most part
the work of the passions of a few, or the consequences of a fortuitous or
temporary necessity; not dictated by a cool examiner of human nature, who
knew how to collect in one point the actions of a multitude, and had this
only end in view,
the greatest
happiness of the greatest number. Happy are
those few nations who have not waited till the slow succession of human
vicissitudes should, from the extremity of evil, produce a transition to
good; but by prudent laws have facilitated the progress from one to the
other! And how great are the obligations due from mankind to that
philosopher, who, from the obscurity of his closet, had the courage to
scatter among the multitude the seeds of useful truths, so long unfruitful!
The art of
printing has diffused the knowledge of those philosophical
truths, by which the relations between sovereigns and their subjects, and
between nations are discovered. By this knowledge commerce is animated, and
there has sprung up a spirit of emulation and industry, worthy of rational
beings. These are the produce of this enlightened age; but the cruelty of
punishments, and the irregularity of proceedings in criminal cases, so
principal a part of the legislation, and so much neglected throughout
Europe, has hardly ever been called in question. Efforts, accumulated
through many centuries, have never yet been exposed by ascending to general
principles; nor has the force of acknowledged truths been ever opposed to
the unbounded licentiousness of ill-directed power, which has continually
produced so many authorised examples of the most unfeeling barbarity.
Surely, the groans of the weak, sacrificed to the cruel ignorance and
indolence of the powerful, the barbarous torments lavished, and multiplied
with useless severity, for crimes either not proved, or in their nature
impossible, the filth and horrors of a prison, increased by the most cruel
tormentor of the miserable, uncertainty, ought to have roused the attention
of those whose business is to direct the opinions of mankind.
The immortal
Montesquieu has but slightly touched on this subject. Truth,
which is eternally the same, has obliged me to follow the steps of that
great man; but the studious part of mankind, for whom I write, will easily
distinguish the superstructure from the foundation. I shall be happy if,
with him, I can obtain the secret thanks of the obscure and peaceful
disciples of reason and philosophy, and excite that tender emotion in which
sensible minds sympathise with him who pleads the cause of humanity.