SIR, Treason, properly so called, in Latin, Crimen laesae majestatis, is in all countries the same: It is an endeavour to subvert, or to do some notable mischief to the publick; of which every man is a part, and with which he has joined himself for mutual defence, under what form soever the administration is exercised. I own, that lesser crimes are sometimes called by the same name, and subjected to the same punishment.
An attempt to destroy the chief magistrate of a commonwealth, or the general of an army in the field, or the governor of a town during a siege, are certainly treasons every where; because in such attempts, when they succeed, are often involved the ruin of states. They also are doubtless guilty of high treason, who, being entrusted with the wealth, security, and happiness of kingdoms, do yet knowingly pervert that trust, to the undoing of that people whom they are obliged, by undeserved rewards, as well as by all the ties of religion, justice, honour, and gratitude, to defend and protect.
’Tis the same, if any number of men, though in a lesser trust, or in no trust at all, should deliberately and knowingly destroy thousands of their fellow-subjects, and overturn the trade and publick credit of the nation, to enrich themselves and their accomplices.
These, and crimes of the like nature, are treasons from the nature of things themselves, antecedent to all laws that call them so; and will be treasons, though laws gained by subordination should call them otherwise: And every state has a right to treat those who commit them, as traitors and parricides. In truth, there are as many of these kinds of treasons, as there are different methods of conspiring against kingdoms; and the criminals, though ever so great, deserve death and confiscation; that is, they ought to be destroyed by the people whom they would destroy.
The great principal of self-preservation, which is the first and fundamental law of nature, calls for this procedure; the security of commonwealths depends upon it; the very being of government makes it necessary; and whatever is necessary to the publick safety, is just.
The fate of millions, and the being of states, must not stand and fall by the distinctions of monks, coined in colleges, or by the chicane of petty-foggers; who would bring every thing within the narrow verge of their own knowledge, under their own jurisdiction and cognizance; and would determine all things by the rules of inferior judicatures, the gibberish of private practisers, and the sayings of old women, or of those who are like old women; whose brains are addled by being long jumbled and always turned round within the scanty circle of private courts, not daring to venture at a bold and free thought out of them, however self-evident; like some carriers’ horses, that are used to a track, and know not how to travel in an open road.
But questions of this kind belong ad aliud examen, and ought to be brought before an higher tribunal: The legislature are the only proper and safe judges: What is done against all, should be judged by all. Nor are their resolutions to be confined by any other rule than Quid est utile, quid honestum, general justice, and the general good. Religion, virtue, common sense, and the publick peace and felicity, are the only counsel to be admitted either for the publick or the prisoners.
The conspirators against mankind ought to know, that no subterfuges, or tergiversations; no knavish subtilties, or pedantic quirks of lawyers; no evasions, skulkings behind known statutes; no combinations, or pretended commissions, shall be able to screen or protect them from publick justice. They ought to know, that there is a power in being that can follow them through all the dark labyrinths and doubling meanders; a power that can crush them to pieces, though they change into all the shapes of Proteus, to avoid the fury of Hercules: a power, confined by no limitation, but that of publick justice and the publick good; a power, that does not follow precedents, but makes them; a power, which has this for its principle, that extraordinary crimes ought not to be tried by ordinary rules, and that unprecedented villanies ought to have unprecedented punishments.
But though in all governments, this great power must exist somewhere, yet it can rarely be delegated with prudence to inferior magistrates; who, out of ambition, revenge, or faction, or for bribes and preferments, or out of fear and flattery, or in concert with the ill measures or selfish intrigues of statesmen, may pervert so dangerous a trust to the destruction of those whom it was intended to preserve.