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1. First, I say, though the intentions of any person should be ever so proper and beneficent, on the one hand, or ever so improper and malevolent, on the other, yet, if they fail in producing their effects, his merit seems imperfect in the one case, and his demerit incomplete in the other. Nor is this irregularity of sentiment felt only by those who are immediately affected by the consequences of any action. It is felt, in some measure, even by the impartial spectator. The man who solicits an office for another, without obtaining it, is regarded as his friend, and seems to deserve his love and affection. But the man who not only solicits, but procures it, is more peculiarly considered as his patron and benefactor, and is entitled to his respect and gratitude. The person obliged, we are apt to think, may, with some justice, imagine himself on a level with the first: but we cannot enter into his sentiments, if he does not feel himself inferior to the second. It is common indeed to say, that we are equally obliged to the man who has endeavoured to serve us, as to him who actually did so. It is the speech which we constantly make upon every unsuccessful attempt of this kind; but which, like all other fine speeches, must be understood with a grain of allowance. The sentiments which a man of generosity entertains for the friend who fails, may often indeed be nearly the same with those which he conceives for him who succeeds: and the more generous he is, the more nearly will those sentiments approach to an exact level. With the truly generous, to be beloved, to be esteemed by those whom they themselves think worthy of esteem, gives more pleasure, and thereby excites more gratitude, than all the advantages which they can ever expect from those sentiments. When they lose those advantages therefore, they seem to lose but a trifle, which is scarce worth regarding. They still however lose something. Their pleasure therefore, and consequently their gratitude, is not perfectly complete: and accordingly if, between the friend who fails and the friend who succeeds, all other circumstances are equal, there will, even in the noblest and the best mind, be some little difference of affection in favour of him who succeeds. Nay, so unjust are mankind in this respect, that though the intended benefit should be procured, yet if it is not procured by the means of a particular benefactor, they are apt to think that less gratitude is due to the man, who with the best intentions in the world could do no more than help it a little forward. As their gratitude is in this case divided among the different persons who contributed to their pleasure, a smaller share of it seems due to any one. Such a person, we hear men commonly say, intended no doubt to serve us; and we really believe exerted himself to the utmost of his abilities for that purpose. We are not, however, obliged to him for this benefit; since, had it not been for the concurrence of others, all that he could have done would never have brought it about. This consideration, they imagine, should, even in the eyes of the impartial spectator, diminish the debt which they owe to him. The person himself who has unsuccessfully endeavoured to confer a benefit, has by no means the same dependency upon the gratitude of the man whom he meant to oblige, nor the same sense of his own merit towards him, which he would have had in the case of success.
Even the merit of talents and abilities which some accident has hindered from producing their effects, seems in some measure imperfect, even to those who are fully convinced of their capacity to produce them. The general who has been hindered by the envy of ministers from gaining some great advantage over the enemies of his country, regrets the loss of the opportunity for ever after. Nor is it only upon account of the public that he regrets it. He laments that he was hindered from performing an action which would have added a new lustre to his character in his own eyes, as well as in those of every other person. It satisfies neither himself nor others to reflect that the plan or design was all that depended on him, that no greater capacity was required to execute it than what was necessary to concert it: that he was allowed to be every way capable of executing it, and that had he been permitted to go on, success was infallible. He still did not execute it; and though he might deserve all the approbation which is due to a magnanimous and great design, he still wanted the actual merit of having performed a great action. To take the management of any affair of public concern from the man who has almost brought it to a conclusion, is regarded as the most invidious injustice. As he had done so much, he should, we think, have been allowed to acquire the complete merit of putting an end to it. It was objected to Pompey, that he came in upon the victories of Lucullus, and gathered those laurels which were due to the fortune and valour of another. The glory of Lucullus, it seems, was less complete even in the opinion of his own friends, when he was not permitted to finish that conquest which his conduct and courage had put in the power of almost any man to finish. It mortifies an architect when his plans are either not executed at all, or when they are so far altered as to spoil the effect of the building. The plan, however, is all that depends upon the architect. The whole of his genius is, to good judges, as completely discovered in that as in the actual execution. But a plan does not, even to the most intelligent, give the same pleasure as a noble and magnificent building. They may discover as much both of taste and genius in the one as in the other. But their effects are still vastly different, and the amusement derived from the first, never approaches to the wonder and admiration which are sometimes excited by the second. We may believe of many men, that their talents are superior to those of Caesar 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 atchievements.
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 the man who shows himself capable of committing it, is so great, that the mere attempt to commit it ought in all countries to be capital. The attempt to commit smaller crimes is almost always punished very lightly, and sometimes is not punished at all. The thief, whose hand has been caught in his neighbour's pocket before he had taken any thing out of it, is punished with ignominy only. If he had got time to take away an handkerchief, he would have been put to death. The house-breaker, who has been found setting a ladder to his neighbour's window, but had not got into it, is not exposed to the capital punishment. The attempt to ravish is not punished as a rape. The attempt to seduce a married woman is not punished at all, though seduction is punished severely. Our resentment against the person who only attempted to do a mischief, is seldom so strong as to bear us out in inflicting the same punishment upon him, which we should have thought due if he had actually done it. In the one case, the joy of our deliverance alleviates our sense of the atrocity of his conduct; in the other, the grief of our misfortune increases it. His real demerit, however, is undoubtedly the same in both cases, since his intentions were equally criminal; and there is in this respect, therefore, an irregularity in the sentiments of all men, and a consequent relaxation of discipline in the laws of, I believe, all nations, of the most civilized, as well as of the most barbarous. The humanity of a civilized people disposes them either to dispense with, or to mitigate punishments wherever their natural indignation is not goaded on by the consequences of the crime. Barbarians, on the other hand, when no actual consequence has happened from any action, are not apt to be very delicate or inquisitive about the motives.
The person himself who either from passion, or from the influence of bad company, has resolved, and perhaps taken measures to perpetrate some crime, but who has fortunately been prevented by an accident which put it out of his power, is sure, if he has any remains of conscience, to regard this event all his life after as a great and signal deliverance. He can never think of it without returning thanks to Heaven for having been thus graciously pleased to save him from the guilt in which he was just ready to plunge himself, and to hinder him from rendering all the rest of his life a scene of horror, remorse, and repentance. But though his hands are innocent, he is conscious that his heart is equally guilty as if he had actually executed what he was so fully resolved upon. It gives great ease to his conscience, however, to consider that the crime was not executed, though he knows that the failure arose from no virtue in him. He still considers himself as less deserving of punishment and resentment; and this good fortune either diminishes, or takes away altogether, all sense of guilt. To remember how much he was resolved upon it, has no other effect than to make him regard his escape as the greater and more miraculous: for he still fancies that he has escaped, and he looks back upon the danger to which his peace of mind was exposed, with that terror, with which one who is in safety may sometimes remember the hazard he was in of falling over a precipice, and shudder with horror at the thought.
2. The second effect of this influence of fortune, is to increase our sense of the merit or demerit of actions beyond what is due to the motives or affection from which they proceed, when they happen to give occasion to extraordinary pleasure or pain. The agreeable or disagreeable effects of the action often throw a shadow of merit or demerit upon the agent, though in his intention there was nothing that deserved either praise or blame, or at least that deserved them in the degree in which we are apt to bestow them. Thus, even the messenger of bad news is disagreeable to us, and, on the contrary, we feel a sort of gratitude for the man who brings us good tidings. For a moment we look upon them both as the authors, the one of our good, the other of our bad fortune, and regard them in some measure as if they had really brought about the events which they only give an account of. The first author of our joy is naturally the object of a transitory gratitude: we embrace him with warmth and affection, and should be glad, during the instant of our prosperity, to reward him as for some signal service. By the custom of all courts, the officer, who brings the news of a victory, is entitled to considerable preferments, and the general always chuses one of his principal favourites to go upon so agreeable an errand. The first author of our sorrow is, on the contrary, just as naturally the object of a transitory resentment. We can scarce avoid looking upon him with chagrin and uneasiness; and the rude and brutal are apt to vent upon him that spleen which his intelligence gives occasion to. Tigranes, king of Armenia, struck off the head of the man who brought him the first account of the approach of a formidable enemy. To punish in this manner the author of bad tidings, seems barbarous and inhuman: yet, to reward the messenger of good news, is not disagreeable to us; we think it suitable to the bounty of kings. But why do we make this difference, since, if there is no fault in the one, neither is there any merit in the other? It is because any sort of reason seems sufficient to authorize the exertion of the social and benevolent affections, but it requires the most solid and substantial to make us enter into that of the unsocial and malevolent.
But though in general we are averse to enter into the unsocial and malevolent affections, though we lay it down for a rule that we ought never to approve of their gratification, unless so far as the malicious and unjust intention of the person, against whom they are directed, renders him their proper object; yet, upon some occasions, we relax of this severity. When the negligence of one man has occasioned some unintended damage to another, we generally enter so far into the resentment of the sufferer, as to approve of his inflicting a punishment upon the offender much beyond what the offence would have appeared to deserve, had no such unlucky consequence followed from it.
There is a degree of negligence, which would appear to deserve some chastisement though it should occasion no damage to any body. Thus, if a person should throw a large stone over a wall into a public street without giving warning to those who might be passing by, and without regarding where it was likely to fall, he would undoubtedly deserve some chastisement. A very accurate police would punish so absurd an action, even though it had done no mischief. The person who has been guilty of it, shows an insolent contempt of the happiness and safety of others. There is real injustice in his conduct. He wantonly exposes his neighbour to what no man in his senses would chuse to expose himself, and evidently wants that sense of what is due to his fellow-creatures which is the basis of justice and of society. Gross negligence therefore is, in the law, said to be almost equal to malicious design. When any unlucky consequences happen from such carelessness, the person who has been guilty of it is often punished as if he had really intended those consequences; and his conduct, which was only thoughtless and insolent, and what deserved some chastisement, is considered as atrocious, and as liable to the severest punishment. Thus if, by the imprudent action above-mentioned, he should accidentally kill a man, he is, by the laws of many countries, particularly by the old law of Scotland, liable to the last punishment. And though this is no doubt excessively severe, it is not altogether inconsistent with our natural sentiments. Our just indignation against the folly and inhumanity of his conduct is exasperated by our sympathy with the unfortunate sufferer. Nothing, however, would appear more shocking to our natural sense of equity, than to bring a man to the scaffold merely for having thrown a stone carelessly into the street without hurting any body. The folly and inhumanity of his conduct, however, would in this case be the same; but still our sentiments would be very different. The consideration of this difference may satisfy us how much the indignation, even of the spectator, is apt to be animated by the actual consequences of the action. In cases of this kind there will, if I am not mistaken, be found a great degree of severity in the laws of almost all nations; as I have already observed that in those of an opposite kind there was a very general relaxation of discipline.
There is another degree of negligence which does not involve in it any sort of injustice. The person who is guilty of it treats his neighbours as he treats himself, means no harm to any body, and is far from entertaining any insolent contempt for the safety and happiness of others. He is not, however, so careful and circumspect in his conduct as he ought to be, and deserves upon this account some degree of blame and censure, but no sort of punishment. Yet if by a negligence of this kind he should occasion some damage to another person, he is by the laws of, I believe, all countries, obliged to compensate it. And though this is no doubt a real punishment, and what no mortal would have thought of inflicting upon him, had it not been for the unlucky accident which his conduct gave occasion to; yet this decision of the law is approved of by the natural sentiments of all mankind. Nothing, we think, can be more just than that one man should not suffer by the carelessness of another; and that the damage occasioned by blamable negligence, should be made up by the person who was guilty of it.
There is another species of negligence, which consists merely in a want of the most anxious timidity and circumspection, with regard to all the possible consequences of our actions. The want of this painful attention, when no bad consequences follow from it, is so far from being regarded as blamable, that the contrary quality is rather considered as such. That timid circumspection which is afraid of every thing, is never regarded as a virtue, but as a quality which more than any other incapacitates for action and business. Yet when, from a want of this excessive care, a person happens to occasion some damage to another, he is often by the law obliged to compensate it. Thus, by the Aquilian law, the man, who not being able to manage a horse that had accidentally taken fright, should happen to ride down his neighbour' s slave, is obliged to compensate the damage. When an accident of this kind happens, we are apt to think that he ought not to have rode such a horse, and to regard his attempting it as an unpardonable levity; though without this accident we should not only have made no such reflection, but should have regarded his refusing it as the effect of timid weakness, and of an anxiety about merely possible events, which it is to no purpose to be aware of. The person himself, who by an accident even of this kind has involuntarily hurt another, seems to have some sense of his own ill desert, with regard to him. He naturally runs up to the sufferer to express his concern for what has happened, and to make every acknowledgment in his power. If he has any sensibility, he necessarily desires to compensate the damage, and to do every thing he can to appease that animal resentment, which he is sensible will be apt to arise in the breast of the sufferer. To make no apology, to offer no atonement, is regarded as the highest brutality. Yet why should he make an apology more than any other person? Why should he, since he was equally innocent with any other bystander, be thus singled out from among all mankind, to make up for the bad fortune of another? This task would surely never be imposed upon him, did not even the impartial spectator feel some indulgence for what may be regarded as the unjust resentment of that other.