their talents are {91} superior to those of Cæsar and Alexander; and that in the same situations they would perform still greater actions. In the mean time, however, we do not behold them with that astonishment and admiration with which those two heroes have been regarded in all ages and nations. The calm judgments of the mind may approve of them more, but they want the splendour of great actions to dazzle and transport it. The superiority of virtues and talents has not, even upon those who acknowledge that superiority, the same effect with the superiority of achievements. As the merit of an unsuccessful attempt to do good seems thus, in the eyes of ungrateful mankind, to be diminished by the miscarriage, so does likewise the demerit of an unsuccessful attempt to do evil. The design to commit a crime, how clearly soever it may be proved, is scarce ever punished with the same severity as the actual commission of it. The case of treason is perhaps the only exception. That crime immediately affecting the being of the government itself, the government is naturally more jealous of it than of any other. In the punishment of treason, the sovereign resents the injuries which are immediately done to himself: in the punishment of other crimes he resents those which are done to other men. It is his own resentment which he indulges in the one case; it is that of his subjects which by sympathy he enters into in the other. In the first case, therefore, as he judges in his own cause, he is very apt to be more violent and sanguinary in his punishments than the impartial spectator can approve of. His resentment too rises here upon smaller occasions, and does not always, as in other cases, wait for the perpetration of the crime, or even for the attempt to commit it. A treasonable concert, though nothing has been done, or even attempted in consequence of it, nay, a treasonable conversation, is in many countries punished in the same manner as the actual commission of treason. With regard to all other crimes, the mere design, upon which no attempt has followed, is seldom punished at all, and is never punished severely. A criminal design, and a criminal action, it may be said indeed, do not necessarily suppose the same degree of depravity, and ought not therefore to be subjected to the same punishment. We are capable, it may be said, of resolving, and even of taking measures to execute, many things which, when it comes to the point, we feel ourselves altogether incapable of executing. But this reason can have no place when the design has been carried the length of the last attempt. The man, however, who fires a pistol at his enemy but misses him, is punished with death by the laws of scarce any country. By the old law of Scotland, though he should wound him, yet, unless death ensues within a certain time, the assassin is not liable to the last punishment. The resentment of mankind, however, runs so high against this crime, their terror for