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vours to cut or carve them in blocks of wood or stone, whe ther detached from their parent rocks, and set up in high and honoured places of frequent resort, or, as was probably the more ancient way, cut into and making part of immense excavations, as is seen in the mountains of India. Whether the subject-matter of religion be well or ill reasoned upon in these detailed efforts; whether it be taken from the various incarnations of the Indian Vistnou, from the more elegant ideas and forms of the Greek Mythology, or from the more consoling, just, and happily adapted matter resulting from the more equitable rational hopes and fears inculcated by the Christian religion; yet the whole taken together forms an astonishing chain of the most indubitable proof of the extreme thirst of the mind for a more satisfactory state of things, and of its natural recurrence to the arts of design, as the first, the universal and most natural written language, which, in furnishing the means of expressing this universal testimony, affords a happy and the only opportunity of tracing human nature through an immense tract of ages; through India, Egypt, Greece, and Italy. And although whatever was not connected with the religion of those people, was not thought of as worthy the commemorating, yet many other matters and usages are luckily preserved by their incidental connexion with this superior matter, which otherwise would now be utterly lost to us; and, every thing fairly and fully considered, what should we have known of the ancient nations, their arts and knowledge, were it not for the stimulus which religion afforded to the human exertions? What other motives ever did or could supply its place?"

Notwithstanding the inevitable jarring from the varieties of men's dispositions, interests, and circumstances, yet it is a well known and a true maxim, That in all Republics or constitutions of society, according to whatever way the citizens are reared up, so they shall be found to be. But, without entering upon abstract reasonings, on all the possible advantages that science and art might fairly derive from the doctrines of Christianity, from the suppression of barren selfishness, and fraternal equality, and the intellectual culture which, upon a just statement, will be found to form the tissue and the very essence of Christianity, we may even content ourselves with the mere matter of fact, as exhibited in the Papal Government at Rome; and there it has been abundantly apparent, that the time, the attention, and the wealth employed for the public in the culture of those arts and intellectual accomplishments which elevate human nature to its real dignity, above mere sensual and brutal existence, forms an era in the history of mankind, not less new than admirable and amiable, more especially if we compare this pacific scene of intellectual exertion with the horrors and carnage of preceding military Governments of brutal force, under the pompous titles of Roman Commonwealth or Roman Empire, which for so many ages had deluged or disgraced the world. The name of Civil Society was, is, and ever will be, ill bestowed upon such hordes and combinations of robbers or assassins.

Neither our time nor the subject we have in hand will allow us to go far in our remarks on this Pontifical Republic at Rome, this universal treasury and theatre for the culture and support of the educa tion of Europe; where, throwing aside all privilege, rank, and claims

of family and primogeniture, every thing was devoted to the general promotion of intellect. All its honours and rewards, its mitres, purple hats, and tiara, accessible to all, to every condition, where superior worth and ability could be found, diffused such a spirit throughout Europe, as was best calculated to wrestle with the brutal ferocity of the dark Gothic ages, and, sooner or later, could not fail of being attended with the most extensive salutary effects. Their ascendancy and power derived from intellect: whatever could be gained in this way, was from the state of celibacy to which they had reduced themselves, necessarily dispensed in the way best calculated to furnish the means and increase to this ascendancy, and consequently in a manner most profitable to the world. It is to no purpose to cavil at those abuses which, from the frailty of man, will sometimes accompany the uses of the best things. We all know that the worst conceivable things are the abuses of the best; and we may therefore fairly and justly give them full credit for the early nurture, cultivation, and, I had almost said, mature and vigorous perfection of whatever we have most reason to value ourselves for, either as compared to the animals beneath us, or to the rest of our own species, scattered over the other parts of the globe. With respect to those arts which principally form the object of attention in this Academy, however pleasing it may be to reflect on the different monuments of their culture, in the churches and convents of the several countries of Europe; yet it was at Rome where all this intellectual influence concentrated; it was there that the mind was astonished, delighted, and enabled to contemplate with rapture, the sublimities to which art had arrived and it will not be from our purpose to close these observations with remarking, that, even in the hereditary aristocracy at Venice, where the professions of arts and letters were foolishly considered as beneath the nobles, the commonalty intimidated at an awful distance, and consequently destitute of the necessary ambition of excelling, and there being no third estate, its effects in the arts may be seen accordingly; for whilst the human mind made the noblest excursions in the Vatican and Capella Sistina, under the auspices of the Roman Pontiffs, the genius of the Venetians was cultivating the mechanical branches of art, the colouring and chiaro-scuro, which Giorgione had imported from L. da Vinci, the Florentine.'

Some interesting anecdotes occur (p. 38, &c.) concerning Mr. Burke, Sir Joshua Reynolds, Mortimer, Hussey, and others. Good observations on patronage, also, are interwoven. Surely it is worth while to make some national provision for the growth of art! Surely it is well worth while to uphold and strengthen the fastnesses of religion, by the powerful and lasting aid of painting and of sculpture! Surely our cathedrals might set the example of cherishing those labours of the artist, which are employed to promulgate the praiseworthy actions of the truly venerable founders of Christianity!

Notwithstanding the pretended encouragement of the govern ment, and the trumpeted praises of philosophers, art is perishing in France for want of demand.

Rev. FEB. 1799.

ART

Tay.

ART. XII. A Discourse on the Study of the Law of Nature and Nations; introductory to a Course of Lectures on that Science, to be commenced in Lincoln's Inn Hall, on Wednesday, Feb. 20, 1799, in pursuance of an Order of the Honourable Society of Lincoln's Inn. By James Mackintosh, Esq. of Lincoln's Inn, Barrister at Law. 8vo. PP. 79. 2s. 6d. Cadell jun. and Davies. 1799. THE history of natural jurisprudence, of that great and com

prehensive science which teaches and ascertains the duties of individuals and of states, though a truly noble and important subject, has never been considered in all its parts with the precision and attention which it deserves. The late Doctor Smith, at the close of his Theory of Moral Sentiments, made a promise to the world of dedicating his leisure and his talents to this vast and splendid undertaking; but, unhappily for mankind, he lived to complete only a part of his plan; and his Enquiry into the Nature and Causes of the Wealth of Nations extends alone to what concerns police, revenue, and arms.

In a course of lectures now delivering in Lincoln's Inn Hall, the author of the pamphlet before us proposes to discuss those various subjects which constitute and are comprised in the law of nature and nations; and in the present discourse he gives an outline of the plan which he intends to pursue. A short, but a clear and masterly account of the progress and present state of the science is given, and of that succession of able writers who have gradually brought it to its present high state of cultivation. From this part of the work, we cannot deny ourselves the satisfaction of presenting to our readers the finished portrait of GROTIUS;-of whom it may truly be said,

«Qui nullum fere scribendi genus
Non tetigit,-

Nullum quod tetigit non ornavit.

The reduction of the law of nations to a system was reserved for Grotius. It was by the advice of Lord Bacon and Peiresc that he undertook this arduous task. He produced a work which we now indeed justly deem imperfect, but which is perhaps the most complete that the world has yet owed, at so early a stage in the progress of any science, to the genius and learning of one man. So great is the uncertainty of posthumous reputation, and so liable is the fame even of the greatest men to be obscured by those new fashions of thinking and writing which succeed each other so rapidly among polished nations, that Grotius, who filled so large a space in the eye of his contemporaries, is now perhaps known to some of my readers only by name. Yet if we fairly estimate both his endowments and his virtues, we may justly consider him as one of the most memorable men who have done honour to modern times. He combined the discharge of the most important duties of active and public life

with the attainment of that exact and various learning which is generally the portion only of the recluse student. He was distinguished as an advocate and a magistrate, and he composed the most valuable works on the law of his own country; he was almost equally celebrated as an historian, a scholar, a poet, and a divine: a disinterested statesman, a philosophical lawyer, a patriot who united moderation with firmness, and a theologian who was taught candour by his learning. Unmerited exile did not damp his patriotism: the bitterness of controversy did not extinguish his charity. The sagacity of his numerous and fierce adversaries could not discover a blot on his character; and in the midst of all the hard trials and galling provocations of a turbulent political life, he never once deserted his friends when they were unfortunate, nor insulted his enemies when they were weak. In times of the most furious civil and religious faction he preserved his name unspotted, and he knew how to reconcile fidelity to his own party, with moderation towards his opponents. Such was the man

who was destined to give a new form to the law of nations, or rather to create a science, of which only rude sketches and indigested materials were scattered over the writings of those who had gone before him. By tracing the laws of his country to their principles, he was led to the contemplation of the law of nature, which he justly considered as the parent of all municipal law *. Few works were more celebrated than that of Grotius in his own days, and in the age which succeeded. It has, however, been the fashion of the last halfcentury to depreciate his work as a shapeless compilation, in which reason lies buried under a mass of authorities and quotations. This fashion originated among French wits and declaimers, and it has been, I know not for what reason, adopted, though with far greater moderation and decency, by some respectable writers among ourselves. As to those who first used this language, the most candid supposition that we can make with respect to them is, that they never read the work; for, if they had not been deterred from the perusal of it by such a formidable display of Greek characters, they must soon have discovered that Grotius never quotes on any subject till he has first appealed to some principles, and often, in my humble opinion, though not always, to the soundest and most rational principles.

But another sort of answer is due to some of those who have criticized Grotius, and that answer might be given in the words of Grotius himself. He was not of such a stupid and servile cast of mind, as to quote the opinions of poets or orators, of historians and philosophers, as those of judges, from whose decision there was no appeal. He quotes them, as he tells us himself, as witnesses whose conspiring testimony, mightily strengthened and confirmed by their discordance on almost every other subject, is a conclusive proof of the unanimity of the whole human race on the great rules of duty and the funda- mental principles of morals. On such matters, poets and orators are

Proavia juris, civilis.De Jur. Bell. ac Pac. Proleg. § 16. f Dr. Paley, Principles of Moral and Political Philosophy, Pref. p. xiv. and xv.'

6

Grot. Jur. Bel. et Pac. Proleg. § 40.'

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the most unexceptionable of all witnesses; for they address themselves to the general feelings and sympathies of mankind; they are neither warped by system, nor perverted by sophistry; they can attain none of their objects; they can neither please nor persuade if they dwell on moral sentiments not in unison with those of their readers. No system of moral philosophy can surely disregard the general feelings of human nature, and the according judgment of all ages and nations. But where are these feelings and that judgment recorded and preserved? In those very writings which Grotius is gravely blamed for having quoted. The usages and laws of nations, the events of history, the opinions of philosophers, the sentiments of orators and poets, as well as the observation of common life, arc, in truth, the materials out of which the science of morality is formed; and those who neglect them are justly chargeable with a vain attempt to philosophize without regard to fact and experience, the sole foundation of all true philosophy.

If this were merely an objection of taste, 1 should be willing to allow that Grotius has indeed poured forth his learning with a profusion that sometimes rather encumbers than adorns his work, and which is not always necessary to the illustration of his subject. Yet, even in making that concession, I should rather yield to the taste of others than speak from my own feelings. I own that such richness and splendour of literature have a powerful charm for me. They fill my mind with an endless variety of delightful recollections and associations. They relieve the understanding in its progress through a vast science, by calling up the memory of great men and of interesting events. By this means we see the truths of morality clothed with all the cloquence (not that could be produced by the powers of one man, but) that could be bestowed on them by the collective genius of the world. Even Virtue and Wisdom themselves acquire new majesty in my eyes, when I thus see all the great masters of thinking and writing called together, as it were, from all times and countries, to do them homage, and to appear in their train.

But this is no place for discussions of taste, and I am very ready to own that mine may be corrupted. The work of Grotius is liable to a more serious objection, though I do not recollect that it has ever been made. His method is inconvenient and unscientific. He has inverted the natural order. That natural order undoubtedly dictates, that we should first search for the original principles of the science in human nature; then apply them to the regulation of the conduct of individuals, and lastly, employ them for the decision of those difficult and complicated questions that arise with respect to the intercourse of nations. But Grotius has chosen the reverse of this method. He begins with the consideration of the states of peace and war, and he examines original principles only occasionally and incidentally as they grow out of the questions which he is called upon to decide. It is a necessary consequence of this disorderly method, which exhibits the elements of the science in the form of scattered digressions, that he seldom employs sufficient discussion on these fundamental truths, and never in the place where such a discussion would be most instructive to the reader.'

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