OF CONTRACT S. AUTHORS of high credit and reputation have differed in their accounts refpecting the regard paid by rude nations to the principles of equity and justice. Herodotus fays, that the Arabians were remarkably tenacious of their contracts*. The barbarous nations who fubverted the Roman empire, it has been affirmed, were rigid obfervers of their promises, and that veracity constituted one of their most remarkable qualities. Thence Montesquieu† derives many of our ideas of modern honour.. The barbarous nations reproached the Romans with lying and falfity. When they wanted to express their opinion of the bad qualities of an * Herodot. lib. iii. Efprit des Loix, 1. xxviii. c. 20. enemy, enemy, falfehood particularly, they called him a Roman *. Kalm, in his Travels to North America†, and Ulloa, in his Voyage to South America, agree, that fidelity and veracity are remarkable qualities in modern favages. Strabo § fays, that the Maffagetæ paid a strict regard to their agreements, and avoided fraud and deceit. On the other hand, feveral authors have accused rude nations of inconftancy and want of faith. Livy || fpeaks of Hafdrubal as skilled in the perfidy of those barbarous nations among whom he had waged war for fo many years: "Peritus omnis barbaricæ, et præcipue omnium "earum gentium in quibus per tot annos mili"tabat, perfidiæ." "Ingenia barbarorum" he * Robertfon's Hift. vol. I. chap. v. note 2. Vol. I. p. 77. 8vo edit. Lond. 1772. Book viii. chap. 9. § Lib. xi. Lib. xxv. cap. 33. calls, calls, in another place, " vana et mutabilia." Ammianus Marcellinus, in his description of the Huns, afscribes to them inconftancy and deceit :. "Per inducias infidi, inconftantes." ❝ Fluxa, ut. eft barbaris, fide," are the words of Tacitus.. It would feem, from the apparent contrariety of opinions delivered by these authors with respect to the virtues of rude nations, that their qualities are not uniformly alike in fimilar fituations and circumstances. We are inclined, however, to think, that these accounts are not altogether incapable of reconciliation. MAN living in that state which has got the name of favage, is a political animal. The barbarian partakes of a mixed character. The former is unacquainted with the corruptions of exclusive property: the mind of the *Taciti Hift. 1. iii. c. 48. See Falconer's Influence of Climate, &c. book vi. chap. I.. latter latter has learned to feparate his intereft from that of the public. In proportion as the selfish principle operates on the human will, the love of equality, which forms a distinguishing characteristic of favage tribes, fuffers a decay. The engagements of a favage tribe, being of a public nature, are obferved with fidelity by all its members. The intereft of the individual is never separated from that of the community at large. No avaricious views interfere with his principles of action. The delivery of fymbols of agreement binds him to the observance of the articles of treaty, until the compact is diffolved by public determination. THE divifion of a great tribe into small communities or families, and the allotment of a separate ftock to each of these communities, produced an important alteration in the manners of the people. Accordingly we find, that all barbarous nations are addicted to robbery and plunder. They are much corrupted in their their political capacity. They have an infatiable defire of poffeffing themselves of the fubjects of property belonging to others. Piracy and robbery were not employments of reproach, but of honour, among the antient Greeks. The Arabs have been from the earliest accounts esteemed a nation of thieves. The antient Scy thians, the Saracens, and the Alans, were of a fimilar difpofition. The northern nations bore a similar character *. barbarous Beyond the frontier of their ftates the Gaul and the German were thieves and robbers. To make incurfions into the territory of neighbouring nations, carry off their cattle, and lay wafte their country, were deemed actions of valour and renown. Cæfar fays of the Suevi: "Civitatibus maxima laus "eft quam latiffimas circum fe vaftatis finibus. « folitudines habere. Hoc proprium virtutis exifli“mant; expulfos agris finitimos cedere, neque See Falconer's Remarks on the Influence of Climate, &c. book vi. chap. 2. and the authors there quoted. |