154
THE RAMBLER.
N° 81.
Over this law, indeed, some sons of sophistry have been subtle enough to throw mists, which have darkened their own eyes. To perplex this universal principle, they have inquired whether a man, conscious to himself of unreasonable wishes, be bound to gratify them in another. But surely there needed no long deliberation to conclude, that the desires, which are to be considered by us as the measure of right, must be such as we approve, and that we ought to pay no regard to those expectations in others which we condemn in ourselves, and which, however they may intrude upon our imagination, we know it our duty to resist and suppress.
One of the most celebrated cases which have been produced as requiring some skill in the direction of conscience to adapt them to this great rule, is that of a criminal asking mercy of his judge, who cannot but know, that if he was in the state of the supplicant, he should desire that pardon which he now denies. The difficulty of this sophism will vanish, if we remember that the parties are, in reality, on one side the criminal, and on the other the community, of which the magistrate is only the minister, and by which he is intrusted with the publick safety. The magistrate, therefore, in pardoning a man unworthy of pardon, betrays the trust with which he is invested, gives away what is not his own, and, apparently, does to others what he would not that others should do to him. Even the community, whose right is still greater to arbitrary grants of mercy, is bound by those laws which regard the great republick of mankind, and cannot justify such forbearance as may promote