It is necessary I should be acquainted with the context, and the occasion that produced them. Their construction will depend upon the quantity of momentary heat or rooted malice with which they were delivered; and words which appear at first sight of tremendous import will sometimes be found, upon accurate investigation, to have had a meaning purely ironical in the mind of the speaker. These considerations, together with the odious nature of punishment in general, and the extreme mischief that may attend our restraining the faculty of speech, in addition to the restraint we conceive ourselves obliged to put on men's actions, will probably be found to afford a sufficient reason why words ought seldom or never to be made a topic of political animadversion.
A further article of great importance in the trial of offences is that of the method to be pursued by us in classing them, and the consequent apportioning the degree of animadversion to the cases that may arise. This article brings us to the direct consideration of law, which is, without doubt, one of the most important topics upon which human intellect can be employed. It is law that has hitherto been regarded, in countries calling themselves civilized, as the standard by which to measure all offences and irregularities that fall under public animadversion. Let us fairly investigate the merits of this choice.
The comparison which has presented itself, to those by whom the topic has been investigated, has hitherto been between law on one side, and the arbitrary will of a despot on the other. But if we would estimate truly the merits of law, we should first consider it as it is in itself, and then, if necessary, search for the most eligible principle that may be substituted in its place.
It has been recommended as 'affording information to the different members of the community, respecting the principles which will be adopted in deciding upon their actions'. It has been represented as the highest degree of iniquity 'to try men by an ex post facto law, or indeed in any other manner than by the letter of a law, formally made, and sufficiently promulgated'.