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Show [ 12 l I 3 l (whether avowed or underflood) is a cruel E‘ we can engage for nothing; you are at the fraud: for you have received the life of a man; and you ought to return a life for it, or there ." k'ng's pleafure." If, on the other hand, we admit, that they, who are aélually exchanged are pardoned, but contend that we may juf'tly rei‘erve for vengeance, thole who remain umrarchanged ; then this unpleafant and unhandtbme con cquence doing {0, as the rebels whom they releafe. not by the heinoufnets of it 3. and you make Lawyers, I know, cannot make the difiinc~ tion, for which I contend; becaufe they have their Perle": rule to go by. But legiflators ought to do what lawyers cannot; for they have no fortune and accidents, and not the moral qua- other rules to bind them, but the great prin- lities of human aétion, the rule of your juf'tice. ciples of reafon and equity, and the general Will follow; that you judge of the delinquency of men merely by the time of their guilt, and fente of mankind. Thefe firange incongrnities mull ever perlex thofe, who confound the unhappinefs of civil dillention, with the crime of treafon. Whenever a rebellion really and truly exil‘ts, (which is as eafily known in faet, as it is dithcult to define in words) government has not entered into fuch military conventions; but has ever declined all intermediate treaty, which {hould put rebels in poflEflion of the law of nations with regard to war. Com- manders would receive no benefits at their hands, becaufe they could make no return for them. "Jim has ever heard of capitulation, and parole of honour, and exchange of pri- l'oners, in the late rebellions in this kingdom P The anfwer to all demands of that fort was, " we Thefe they are bound to obey and follow; and rather to enlarge and enlighten law by the liberality of legiflative reafon, than to fetter and bind their higher capacity by the narrow conflruclions of fubor- dinate artificial jufiice. If we had adverted to this, we neve' could contider the convulfions of a great empire, not dif'turbed by a little diffeminated fafiion, but divided by whole commuities and provinces, and entire legal reprefentatives of a people, as fit matter of dilhuf- lion under a commiflion of oyer and terminer. It is as oppofite to reafon and prudence, as it is to humanity andjufiice. This aét, proceeding on thefe principles, that is, preparing to end the prefent troubles by " " "m"? "WWW "I 7‘3""53"! new" is no parity or fairnefs in the tranfaétion. We ought to remember, that if our prefent enemies be, in reality and truth, rebels, the king's generals have no right to releafe them upon any conditions whatfoever; and they are tlremfelves anfwerable to the law, and as much in want of a pardon for |