Note 169 — [pg 387]No. XXIX.

The ancients were wiser than the moderns in many respects; and particularly in restraining certain vices by opinion, rather than by positiv injunctions. Duelling and profane swearing are prohibited by the laws of most countries; yet penalties hav no effect in preventing the crimes, whilst they are not followed by loss of reputation. Vices which do not immediately affect the lives, honor or property of men, which are not mala in se, which are eezily conceeled, or which are supported by a principle of honor or reputation, are not restrainable by law. Under some of theze description fall, duelling, profane swearing, gambling, &c. To check such vices, public opinion must render them infamous.[j] Thoze who hav the distribution of honors and offices, may restrain theze vices by making the commission of them an insuperable bar to preferment. Were the Prezident and the executivs of the several states, to be az particular in enquiring whether candidates for offices are given to gambling, swearing or debaucheries; whether they hav ever given or receeved a challenge, or betrayed an innocent female; az they are in enquiring whether they are men of abilities and integrity; and would they, with undeviating resolution, proscribe from their favor and their company, every man whoze karacter, in theze particulars, iz not unimpeechable, they would diminish the number of vices, exclude some wholly from society, banish others from genteel company, and confine their contagion to the herd of mankind. But where iz the man of elevated rank, of great talents, of unshaken firmness, of heroic virtue, to begin the glorious reformation? America may now furnish the man, but where shall hiz successor be found?

[j] See Vattels Law of Nations, b. I. ch. 13.