NOTE L. [xix] 



NOTE K. 



We are told, in a work upon the alteration of the penal law 

 of America, that &quot; the worthy William Bradford, differed with 

 his brethren on the bench, who denied their consent from none 

 but the purest and most patriotic motives; such as their tried 

 knowledge of crimes and criminals had prompted them con 

 scientiously to respect. On the first appearance of the favour 

 able symptoms effected in the government and conduct of the 

 prisoners, they coincided, and afterwards contributed much to 

 its maintenance.&quot; The same opposition was expressed by Pas- 

 toret, one of the French judges, in a publication upon the reform 

 of the penal law of France, who says: &quot; Des magistrals meme 

 je ne me dissimule point, sont opposes aux reformes desirees par 

 la nation entiere. Nourris dans une connoissance intime de la 

 jurisprudence penale. ayant pour elle 1 attachment si commun 

 pour des idees anciennes, iis y sont encores attaches par un sen 

 timent plus noble. Leur vertu a souvent adouci la severite de 

 la loi, at elle leur rend cheres des maximes qu ils rendent meil- 

 leures, en leur communiquant 1 impression d une ame tendre et 

 virtueuse. Ce n est pas eux qu on doit craindre ils finissent 

 par &tre justes.&quot; 



NOTE L. 



&quot; One of the ends of civil government,&quot; says Paley, &quot; is its 

 own preservation ; and the best form of government would be 

 defective, if it did not provide for its own permanency : yet, in 

 truth, no provisions are absolutely sufficient if they can be 

 changed for the better : many things, therefore, in the English, 

 as in every constitution, are to be vindicated and accounted for 

 solely from their tendency to maintain the government in its 

 present state, and the several parts of it in possession of the 

 powers which the constitution has assigned to them ; and be 

 cause I would wish it to be remarked that such a consideration 

 is always subordinate to another the value and usefulness of 

 the constitution itself.&quot; 



