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PREFACE.

A FEW years ago, Mr. Joseph Salvador, a physician and a descendant of one of those Jewish families, whom the intolerance of Ferdinand the Catholic expelled, in a body, from Spain, about the year 1492-published at Paris a learned work, entitled "Histoire des Institutions de Moïse et du Peuple Hebreu,” or History of the Institutions of Moses and the Hebrew People; and in one chapter of his work he gives an account of the Administration of Justice among the Hebrews. To that chapter he has subjoined an account of the "Trial and Condemnation of Jesus;" in the course of which he expresses his opinion, that the trial, considered merely as a legal proceeding, was conformable to the Jewish laws.

The author of the following little work, M. Dupin, who is one of the most eminent lawyers of the French Bar, immediately called in question the correctness of Mr. Salvador's opinion, and entered upon an analysis of this portion of his work, with a view to examine its soundness; and the present volume con

tains the result of that examination, conducted with great legal skill and extensive learning.

It appears, that he had, many years before, in a little work, entitled "The Free Defence of Accused Persons," published in 1815, taken the same views of this great trial; which, as he observes, has been justly called "the Passion or Suffering of our Savior; for he did in truth suffer, and had not a trial."

The author's attention, however, had been withdrawn from this subject for several years, when it was again brought under his notice by the work of Mr. Salvador; a copy of which was sent to him by that writer, with a request that M. Dupin would give some account of it. Accordingly, says the latter, “it is in compliance with his request, and not from a spirit of hostility, that I have made this examination of his work;" and he gives ample proof of his good feeling towards Mr. Salvador, with whom, he says, he is personally acquainted, and for whose talents he has a great respect.

With this friendly spirit he enters upon his examination; which is conducted with an ability, learning, animation, and interest, that leave nothing to be desired. As an argument, his work is unanswerable, he has demolished that of his adversary;

and, for intense interest, we do not know any publication of the present day to be compared with it.

The introductory Analysis of Mr. Salvador's chapter on the Administration of Justice according to the Jewish Law will be highly instructive and interesting; and those persons, who have not been accustomed to read the Bible with particular reference to the Law, will find many new and striking views of that portion of the Scriptures. They cannot fail to be particularly struck with the extraordinary care taken to secure by law the personal liberty and rights of the citizen.

According to Mr. Salvador's view "the fundamental division into castes is the principal basis of the oriental theocracies. Moses, on the contrary, took for his basis the unity of the people. In his system of legislation the people are every thing; and the author shows us, that every thing, eventually, is done for them, by them, and with them. The tribe of Levi was established, only to supply a secondary want; and that tribe was very far from obtaining all the powers which we are apt to attribute to it; it did not make, nor develope the laws; it did not judge or govern; all its members, even the high priest himself, were subject to the control of the Elders of the nation, or of a Senate legally assembled.

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Intimately connected with these rights of the people was the liberty of speech; and Mr. Salvador, in his chapter on the Public Orators and Prophets, maintains, and in the opinion of M. Dupin, proves clearly, that in no nation was the liberty of speech ever so unlimited, as among the Hebrews. Accordingly he observes "What an additional difference was this between the Israelites and the Egyptians ! Among the latter, the mass of the people did not dare, without incurring the hazard of the most terrible punishment, to utter a word on affairs of state; it was Harpocrates, the god of silence with his finger on his closed lips, who was their God; in Israel, it was the right of speech.

But we forbear any further reflections, and submit this remarkable performance to our readers. Those, who are familiar with the animated tone of French writers, will perhaps discover in this translation some loss of the fire and intensity of the original; but the translator's purpose will be effected, if his version shall be found to be a faithful one.

September 3, 1839.

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