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Hourishes and merchants abound? --So striking is the effect of these different situations on the vigour and happiness of human life, that in the one population would languish did it receive no aid from emis grations; while in the other it increases to a degree scarcely ever before kown.'
Having given a number of advices for the preservation of liberty to the Americans, Dr. Price earnestly recommends to them the abolition of personal llavery.
In conclusion our author says :
• Such is the advice which I would humbly (but earnestly) offer to the United States of America.-Such are the ineans by which they may become the seats of liberty, science, peace, and virtue; happy within themselves, and a refuge to the world.
• Often, while employed in writing these papers, have I wished for a warning voice of more power. The present moment, however auspicious to the United States if wisely improved, is critical ; and, though apparently the end of all their dangers, may prove the time of their greatest danger. I have, indeed, since finishing this address, been mortified more than I can express by accounts which have led me to fear that I have carried my ideas of them too high, and deceived myself with visionary expectations.And should this be true-Should the return of peace and the pride of independance lead them to security and dissipation--Should they lose thofe virtuous and fimple manners by which alone Republics can long subiiltShould false refinement, luxury, and irreligion spread among them; exceifive jealousy distract their governments; and clashing interests, subject to no tirong controul, break the federal union-The confequence will be, that the faireít experiment ever tried in human affairs will miscarry; and that a REVOLUTION which had revived the hopes of good men and promised an opening to better times, will become a discouragement to all future efforts in favour of liberty, and prove only an opening to a new scene of human degeneracy and milery.'
If in these observations of Dr. Price he shall appear to some to have indulged an ardour of hope beyond what they can go along with, let them recollcét, as the doctor advises, the late discoveries in science, and the contagion of example, which pervades the minds of men, as electrical fire is rapidly communicated from body to body, and they may perhaps be encouraged to raise their expectations to the sublimity of that writer's. The scripture takes notice of an evil heart of unbelief. Our author may be said to have a good heart of hope. And it is certainly more noble and praise-worthy to look forward to glorious probabilities and even contingencies, than by the coldness of scepticism to damp the ardour of all human exertion. But such it seems is the active and restless nature of the luman mind, and such the necessity of motion in all human affairs, that if they do not go forward they must go backward. The revolution therefore across the Atlantic, which must operate so powerfully
on the state, and if we may say so, the constitution of the world, must needs either promote its vigour and happiness, or precipitate its decay and ruin.
In one instance we find our author venerable for a well spent life, assuming the privilege which is due, and not indecorous at his years of modestly digressing a little to himself, but still keeping in view his main subject. This is not disguiting but rather pleasing; and on the whole this performance is distinguished by the capacious views of a great, à candid, and a modeft mind, and with the kindly affection of a good man who sincerely wishes well to the whole human race.
* In thinking of myself I derive foine encouragement from this reflection. I now see, that I do not understand many points which once appeared to 'ıne very clear. The more I have inquired, the more sensible I have been growing of my own darkness; and a part of the history of my life is that which follows.
• In early life I was struck with BishopButler's Analogy of religion natural and revealed to the constitution and course of nature. I reckon it happy for me that this book was one of the firit that fell into my hands. It taught me the proper mode of reasoning on moral and religious subjects, and particularly the importance of paying a due regard to the imperfection of human knowledge. His fermons also, I then thought, and do still think, excellent. Next to his works, I have always been an admirer of the writings of Dr. CLARK. And I cannot help adding, however strange it may seemn,' that I owe much to the philofophical writings of Mr. Hume, which I likewise Rudied early in life. Though an enemy to his Scepticilin, I have profited by it. By attacking, with great ability, every principle of truth and reason, he put ine upon examining the ground upon which I itood, and taught me not hastily to take any thing for granted.--The first fruits of my reading and studies were laid before the public in a Treatise entitled A Review of the principal Ques: tions and Difficulties in Morals. This publication has been followed by many others on various subjects:--And now, in the evening of a life devoted to inquiry and spent in endeavours (weak indeed and feeble) to serve the best interests, present and future, of mankind, I am waiting for the GREAT TEACHER, convinced that the order of nature is perfect; that infinite wisdom and goodness govern all things; and that Christianity comes from God: but at the same time puzzled by many difficulties, anxious for more light, and refting with full and conftant assurance only on this one truth-That the practice of virtue is the duty and dignity of man; and, in all cvents, his wisest and safest course.'
Art, XVI. A Treatise of Courts Martial. To which is added
an Essay on military Punishments and Rewards. The third edition, with additions and amendments, by Sephen Payne Adye, Esq. Captain of the Royal Regiment of Artillery, Major in the Army, and Deputy Judge-Advocate to his Majesty's Troops
ferving in America, 8vo. 35. 6d. boards, Murray, London. IT is fomewhat remarkable that the men of the law hare
treated very imperfe&tly of courts martial. They even seem to have avoided this subject; and the most diffule fystems of jurisprudence may be turned over without any material advantage with regard to this topic. This circumftance ftruck our author very forcibly, and induced him to engage in the present undertaking. This we learn from the advertisement he has prefixed to his book.
'Little has been written upon the subject of courts-martial ; and that little is imperfect. My way of life made me turn my attention to it; and I became desirous of supplying a deficiency that was known and palpable. It was my wish to be as full and complete as possible ;, and my best efforts have not been wanting to give utility and importance to my work. I have availed myself of every inforination I could obtain from books, and have joined to it the knowledge I had procured from actual experience. With regard to my language, I have endeavoured to be clear rather than flos rid: 'and, contented with being understood, I have left to men of letters the prize of eloquence.'
Our author being desirous to exhaust his subject is sufficiently methodical. He devotes his firit chapter to a detail of the origin and progress of martial law in England. He then endeavours to describe the power and authority of courts-înartial, as at present established. In his third chapter he treats of Courts of Inquiry. Proceeding in his subject he examines into the nature of regimental and garrison courts-martial. He now explains the subject of appeals; the duties of a judge-advocate; the distinction between principals and acceífaries; and the means and method of bringing offenders to justice.
Having recorded the general objects of martial law and military courts, he turns his attention to the manner of proceeding against offenders. He describes particularly the arraignment and its incidents; the several pleas a criminal may employ; and the nature of challenges. He treats of evidence and witnesses ; and ine allots a chapter to the giving a verdict or opinion, and the passing of the sentence.
In the structure or plan of his treatise, our author is certainly fortunate ; and we perceive not that be has omitted any topic which ought to have employed his fcrutiny. His information appears to be ample and satisfactory; his judgment is critical and diftinguishing; and to the gentlemen of the army and tlie law his work must be peculiariy valuai-le.
As a specimen of his merit we shall submit to our readers, what he has observed concerning appeals.
Having in the fornier chapter mentioned appeals from regimental to general courts-martial, I Mall now proceed to consider the nature as well as the extent of them.
• From its having been enacted and delared by the 12th clause of the mutiny act, that no officer or foldier, being acquitted or con: victed of any offence, should be liable to be tried a second time by the fame or any other court martial, for the same offence, unless in the case of an appeal from a regimental to a general court martial, doubts have arisen with respect to the nature and extent of appeals. To fix their proper bounds is a matter of a very delicate and intereiting nature, as well with regard to the foldier' as the service. Should it be understood that appeals are of right due in all cases, much inconvenience might ensue, as conscious offenders would be induced to appeal, merely for the fake of delaying punishment, and would be most apt to do so, when there was either an impracticability, or great difficulty of convening a general court martial; and yet on the other hand, it may not be easy definitively to point out in what instances they ought to be allowed or refused. As a matter of legal right, it appears plainly, that an appeal from a regimental to a general court martial is given only in the case described in the ad article of war, of the 12th section, where any inferior officer or foldier, who shall think linself wronged by his captain or other officer commanding the troop or company to which he belongs, is to complain thereof to the commanding oflicer of the regiment, who is authorised. to summon a regimentil court martial, and from which either party may, it he thinks himielf still aggrieved, appeal to a general court martial. For the 12th claufe in the mutiny act, whereby it is declared and enacted, thit no officer or foldier, being acquitted or convicted of any offence, shall be liable to be tried a fecond time by the same or any other court martial, for the fame oitence, unless in the case of an appeal from a regimental to a general court martial, mentions such appeals, only by way of exception, and uses no athrmative enacting words, which can of themselves confer any power or right of appeal, but must have reference to some positive provifion, by which such appeal is expreifively given: and since there is no mention of an appeal in any other part of the said act, nor a!neng the articles of war in any other than the ed article of the 12th fection, recourse must be had to this, to satisfy the implication of the said clause, and the conitruction will then be natural, that the appeal of an inferior officer or foldier who shall think himself wronged by his caprain, or other officer, &c. is the case there intended.
• In civil process brought into the several courts of law, there is a gradual subordination from one to the other, the superior courts correcting and reforming the errors of the inferior; but as it is contrary to the genius and spirit of the law of England to fuffer any mai to be tried twice for the fame offencc in a criminal way, especially if acquitted upon the first trial, the criminal courts may be faid to be independent of each other ; at least so far as that the sentence of the lowest of them can never be controuled or reversed by the highest jurisdiction in the kingdom, unless for error in matter of law, apparent upon the face of the record, though sometimes causes may be removed from one to the other before trial.
" The same caution has been adopted in the military code of laws, as may be seen by the clause of the mutiny act in question ; appeals from regimental io general courts martial being the only exception, and theie appeals confined to one particular cafe, which may be confidered in some measure, in the nature of a civil process, and ra. ther calculated for procuring redress to the soldier, than for punishing the officer. For an officer may, through mistake, yet without intention of oppreffion, do acts whereby a Toldier inay think himself aggrieved, and against which he may be well warranted in seeking a remedy, and still there may be no ground for proceeding criminally against the officer.
• It however must be observed, that even these appeals carry danger with them; for the latter part of the article of war says, " IF upon a second hearing, the appeal shall appear to be vexatious and groundless, the person to appealing shall be punished at the discretion of the general court martial.”
' The regimental court martial which is required to be summoned, for doing justice to the complainant, may be truly said to be in the nature of a civil process, for it has not the authority to punish either the complaint or the officer complained of; a commissioned officer not being amenable before a regimental court martial: all the justice then that they can do, is to declare their opinion, how well or ill grounded the complainant is; but should either party still think himself aggrieved, and appeal to a general court martial, and the appeal appear to that court martial to be vexatious and groundless, the person fo appealing, whether plaintiff or defendant, is liable to puniflıment at the discretion of the said general court martial. Here then ceases all analogy to a civil process, and indeed renders the latter part of this article one of the most exceptionable in the whole code.
Every thing that can be done in a case of this sort, by a regimental court martial, comes within the cognizance of a court of inquiry; and by the examination before a court, totally divested of every power to inflict punifliment, the most distant idea of a second trial for the same offence, so repugnant to the laws of England, and ungrateful to the ear of an Englishman, would be removed.
"The report of the court of inquiry might, like the verdict of a grand jury, be a foundation for bringing either party, who appeared to have acted criminally, before a court of criminal jurisdiction.
Should a non-commissioned officer or soldier be brought before a regimental court martial, for mutiny, desertion, or any other crime, cognizable only by a general court martial, he may refuse to plead to it, (their jurisdiction being expressly confined to finall offences) and inlift upon being tried by a general court martial; nay, even should he plead, and the regimental court martial proceed to pass sentence, he may appeal to, and has nevertheless a right to be tried, K