XXX 
TO BENJAMIN VAUGHAN 
Passy, 14 March, 178s. 
My DEAR FrIEND:—Among the thoughts you 
lately sent me was one entitled: Thoughts on Execu- 
tive Justice. In return for that I send you a French 
one on the same subject, Observations concernant 
d’'Exécution de I'Article II. de la Déclaration sur le 
Vol. They are both addressed to the judges, but 
written, as you will see, in a very different spirit. 
The English author is for hanging all thieves. The 
Frenchman is for proportioning punishments to 
offences. 
If we really believe, as we profess to believe, that 
* This paper on the criminal laws and the practice of privateering, 
was written in the form of a letter to Vaughan. It first appeared 
anonymously in a small volume published by Sir Samuel Romilly, 
in 1786, being observations on a treatise by Dr. Madan, entitled: 
Thoughts on Executive Justice. It was printed as “‘a letter from a 
gentleman abroad to his friend in England.” In introducing it to his 
readers Sir Samuel says: 
“The simplicity of style and liberality of thought which distinguish 
it cannot fail of discovering its venerable author to such as are already 
acquainted with his valuable writings. To those who have not that 
good fortune, the Editor is not permitted to say more than that it is 
the production of one of the best and most eminent of the present age.” 
253