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I say not a word more at present — and indeed it is scarce fair or even politic on my own part to insinuate
a second Request before I am sure that the first will be granted.— — — —
In hopes that a few Articles relative to the Litterary News of Geneva may entertain you for a moment I
send you them in the stead of better. — You must know that in our University here we are either Jurisprudential
or Theological, there being no Medical Establishment — Metaphysics however and Natural History are the
principal Studies of the Savants — M. Bonnet is a Gent. with whose name & Works I suppose you are not
unacquainted, he is here in high estimation for his abilities & learning in both those Sciences — M. Trimblet is known
for his discoveries on the Polypus. M.Mallet has distinguished himself by his History of Denmark with a
curious Introduction on Northern Antiquities. M. De Saussurre is on the point of publishing a Treatise
on the Formation of Mountains, with observations particularly relative to the Alps from which much
more is expected than from De Luc's. Mr Bertrand, friend of the famous Maupertuis at Berlin, has lately
printed two Elementary Courses of Geometry & Algebra in a new Plan — Here is a Society of Arts also in a flourishing
state, it is in being only three years, has already founded two public Schools one for Drawing another for Experimental
Mechanics, and is actually engaged in establishing a third School of Equal Utility for Artists - people
begin to see here that a young Manufacturer or Tradesman may employ his time to a much purpose than by
cudgelling his brains with the Grammatical Rudiments of Latin & Greek. — I believe you are sufficiently acquainted with
the Politics of Geneva to know that their is a commission actually engaged at work here in framing a Political Code for the
Good of the Rspd — they have had this business in hand near a year and a Half & it is expected that some part of it
will shortly be made public I am very well acquainted with one of the most Active Members, & often entertain
myself with the History of their late Disputes & Troubles. After the Political part is finished it is expected
that the same Commission will immediately proceed to the Civil and Criminal Branches — Their Civil Law at
present is entirely the Roman, except where explained or alter'd by their own Corps d'Edits the whole of which is
comprized in one small duod. Their Criminal Law is extremely defective in the form of its proofs & the Punishment
always left to the arbitrary decision of their Council of Deux-Cent. — On this latter subject perhaps you
have seen the work of a M. Sartoris a Genevese in which he describes at large the criminal Jurisprudence
of France, Savoy & his own Republic. — I should mention here with respect to myself that though I have
not named Montesquieu I intend to take him in hand very soon & give him a very careful reading. I imagine
from the general character of his Book & from the very little which I have seen of his plan casually by dipping
into it, that there is an infinite quantity of Political Knowledge to be reaped —I have lately gone through
Blackstone and as it was for the first time was much entertained — there seems however one striking defect
in our whole System, if one may be permitted so to say after his repeated eulogies on the matter — that enormous
help of faceless forms & fictions which might have anciently perhaps some sort of signification
the Feudal Government existed, but at present serve only to disfigure it, and whatever are either absolutely
absurd or unintelligible — Whatever delight he may conceive in beholding this monstrous Gothic Patchwork
of Saxon, Danish & Norman Laws & Customs I cannot but think it would give more pleasure to see
our System of Jurisprudence reduced to the simple form of Common Sense & if capable of it rendered still
more perfect, — the loss of all this Barbarous Scaffolding & Rubbish would not give me much concern —
One of the Many Many instances of inconsistent subsistory to which this principle (of observing old forms & customs
after the original cause of their existence ceased) seems to have led, and which I only mention here in preference
because it occurs to me first is contained Vol. 4. Chap.17.p.234. Where it seems that the stealing Bonds Notes & Bills
in felonious crimes without benefit of Clergy whilst the stealing of writings relating to a real estate, of what Value
soever to the Owner & frequently invaluable, is considered as no Felony but merely as a Trespass.
The common objections which I have heard people make here to our Criminal L. are the absurdity of expecting Twelve Men
to be always unanimous in their verdict which can so seldom happen — and the Cruelty of leaving Malefactors in
Prison for Six Months together during the interval of the two Circuits before they can be heard in their defence, I
believe even almost a Twelevemonth in the Northern Counties where the Judges only hold their Summer Assizes
— A question was put to me the other day with regard to the House of Commons which I could not readily Answer — For
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Charles Abbot |
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