other sacred duties or ties, for instance those of near consanguinity. Yet it must be observed, that the citizen is not bound to ferret out the crime, if he suspects it only upon rumor or insufficient indications, nor will he find himself obliged, or at liberty, to inform of offences, the apportioned punishment for which he holds to be wholly out of proportion. No honorable man would have felt himself at liberty to inform against a shoplifter, when yet the English law existed, which punished even the first offence with death. (2) Or who would inform, except in cases of utmost extremity, against near relations? The family ties are so sacred and of primary necessity for society, that they must be respected. The Chinese code makes information against superior relations a punishable act. (Staunton's Transl. p. 371.) But it is pusillanimous not to inform against or prosecute, where the law allows of individual prosecution, crimes or offences, which endanger society, its safety or liberty, and the penalties for which are in just proportion according to reason and justice. The citizen, who omits to take the proper step to bring a murderer, a public defaulter, a conspirator against public liberty, or a traitor, to his just punishment; or who allows a fellow-creature, whom he knows to be innocent, to be prosecuted, or his reputation unjustly injured, loads his conscience with a great offence, and promotes that disregard of public morality, without which society cannot obtain its highest and noblest ends. He gravely offends against the general moral law. Public spirit and patriotism requires him to act, even at the price of our own inconvenience. (3) Informing becomes our especial duty, when the committed offence continues to affect the rights or essential inter

ests of others, for instance, as observed above, if an innocent person is considered guilty, or even only prosecuted against, if a slur remains upon the reputation of a man, if he continues to be deprived of lawful property, for instance, by documents we know to be falsified, if the committed crime is an indication that similar ones will be committed, for instance, theft or fabrication of false documents, and if the offence is against the liberty and protection of the people, for instance, unlawful voting, or falsified returns of polls. Of course, it must depend upon the citizen, whether he thinks it more advisable to inform the authority or the interested individual. (4)

These rules relate to offences already committed. Respecting inchoate crimes, or any offences of a graver sort, with which an honest citizen may become acquainted, it is too clear upon all grounds of morality, and the love of our neighbor, both toward the party who intends to offend, and that against whom the offence is intended, that the citizen, acquainted with the projected evil is bound to prevent, as far as in him lies, the offence, either by dissuading the evil-disposed party, or if this be impossible, or promise no success, by informing the endangered party.

(1) Remarks to the Penal Code of Bavaria, Munich, 1813, published by authority, vol. i, p. 221, also p. 211.

(2) According to the Spanish law the descendants in the first and second degree of a convict are incapable of holding office. What Spaniard would not have condemned a person who should have informed against such a person, who might have succeeded. to obtain an office, the crime of the father being forgotten? What must every man think of lord Bristol, himself a catholic, when he impeached lord Clarendon, in 1663, among other things, for having endeavored to bring in popery?

(3) There existed a short time ago, and probably still exists, in one of the American cities, a society of gentlemen, mutually pledged to inform against the committing of a certain offence, which they considered of great injury to society. That division of responsibility, if I can call it so, so frequently used for iniquitous purposes, was applied here for a good end. The obligation was entered into upon general ground. The odium attached to individual information, therefore, did not exist; and when the individual case occurred, the odium, or reluctance, caused by the individual case, and personality attached to the prosecution, vanished and merged in the general and distinct obligation, into which they had previously entered. We have only to glance at history to observe how frequently a similar division has served, for the same reason, namely, the apparent extinction of personality in the case, for evil ends. I have spoken of it in the Legal and Political Hermeneutics.

(4) The Motives of the Penal Code for the kingdom of Wurtemburg, 1835, say page 92, that the new code abolishes the general obligation of denunciation, existing according to the old laws, because informing is against the general sentiment. Exceptions, however, are made respecting crimes of general danger, or, if innocent persons are under trial, except again when the guilty person stands in relation of consanguinity, marriage, &c. to the individual who might inform, or knowledge of the fact has been obtained by religious confession.

CHAPTER III.

Associations. Associated means, Endeavor.-Associations for the Promotion of Morals.-Pledges.—Trades' Unions.—Ancient Guilds.—Unlawful Combinations for Purposes, lawful if pursued by the Individual.-Evil Effects of Trades' Unions.-Disclosures respecting them in Scotland and England.

XXXV. DIVISION of labor and combination of labor, energy or means, or the tendency of association are, as we have seen, two of the main elements of all civilisation. Both develope themselves more distinctly and forcibly with each step of the progress of society, and associated endeavors in a great variety multiply with every advance of civil liberty. Despotism naturally dislikes association; yet each association, if not carefully regulated, bears within it the germ of more or less despotism, either towards others or its own individual members, for the simple reason, even if there were no other, that it increases intensity of action, and separates, in some degree at least, the associated members from the rest of the community, and subjects them to separate rules of action. We have associations for the promotion of mutual industrial interest, such as insurance companies, of public convenience, (1) or objects of public spirit, or, as is frequently the case, of both ends united; associations for the promotion of knowledge in the higher spheres, such as academies of sciences, or for the diffusion of general knowledge, common schools, &c.; associations for the promotion of charity or other moral ends, such

as the prison societies, temperance societies, societies to assist shipwrecked people, or the promotion of vaccination; religious associations, such as the monastic orders, and bible societies; and political associations. These may be, either for mutual protection, for instance, in times of great danger, or feebleness of government, which may be unable to perform certain acts, which are nevertheless necessary for men, for instance, administering justice, or common protection in general ;— or, for the obtaining of certain rights or privileges; or, finally, for the opposing and ultimate change of a government. These are generally and necessarily for a time secret societies.

It is evident that there are societies which combine several of these objects at once. In 1584 an association was formed, in England, the object of which was to protect queen Elizabeth, against every attack upon her or her government; a similar one, it is well known, was formed under William III., in 1696, and, in a degree, made compulsory. (2) The Spanish Hermandad was a league of numerous cities, to protect their liberties in seasons of civil war; so common in the feudal times. (3) But these associations of cities, of great importance in the middle ages, and which did the greatest service in the advance of civilisation and civil liberty of the commons, may be more properly called leagues. The carbonari were, or are a secret Italian society for the promotion of certain political ends. Ireland has seen of late many political associations, and at present has the so-called precursor society, formed by Mr. O'Connell. The clubs in France at the time of the first French revolution were political associations, which have acquired great notoriety.