The Theory of Moral Sentiments

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 meantime, 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 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 anything out of it, is punished with ignominy only. If he had got time to take away an handkerchief, he might have been put to death. The housebreaker, 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