The Matter was opened by Mr D L who read the Story from the universal History—2 The Facts being agreed upon by the Gentlemen on both Sides of the Question, Mr Kissam on the Aff. began to observe upon them—He said that to form an adequate Judgement upon the Merit of this Question he thought it Necessary to consider the Constitution of Rome at the Time this Act was committed, & particularly he urged that unlimited Power which the Laws of the Republic gave to Parents: that even this Freedom & Liberty as well as the Lives of the Children were at their Disposal, for that they might sell or kill them—He said that Virginius’s Conduct was strictly agreeable to the Constitution of Rome—He observed upon the Wisdom of this Power being vested in Parents—That each Family became a small republic & the Constitution of the State appeared in Miniature in it, and when they entered upon ^the^ public Stage they were prepared to act their Parts—He observed that from the Sentiments cultivated at that Time, the Honor of Families was very much esteemed & that this was extremely proper as it inspired an Independence in each Breast—That in the Perpetration of this Act Appius was going to fix a lasting Stain on the Reputation of Virginius’s Family He was going to sacrifice his favourite, his beloved, Daughter an Innocent Victim to his brutal Lust—that should this have been effected as Appius loved admired her only for her Beauty it was probable that when Time had rendered the Object familiar, he wold cast her off & She wod. have become the a common Prostitute—that moved by this he threw off the Father & killed her—That had he suffered this Act of Violence he wod. have been detested by his Fellow Citizens, whereas all the contemporary Historians have agreed to commend him.

Mr. Murray for the Neg. observed that he conceived the Law of the Romans cod. not apply to this Question—That the Power vested in Parents was only to punish their Children for Disobedience or for their Faults that it was absurd to extend a Punishment where there was no Crime—That even admitting that Distress had followed the Commission of the Crime would have produced much Unhappiness—We are not to get rid of their Distress by unlawful Means, so that the Question again recurred to the previous Point was it consistent with Morality? He said it was not—That Morality among the Romans had reached a great Height, which plainly appeared from their laws against Murder—He observed that every Man had such a Right to Existence that he could not be deprived of it but through his own Crimes & by proper & lawful Means.

Mr. Jay supported Mr Kissam’s arguments & observed that Error was either vincible or invincible That tho an Action might be in itself immoral yet, when it proceeded from an invincible Error the Agent was excusable & that this was the Case with Virginius—He observed that the Sense of a People with Respect to Morality & the Rules of Right & Wrong is best collected from the Laws & Institutions of that People, as they are generally composed by the wisest Persons in the State—That as these Laws are the best Interpreters of the Sense of the People so are they most commonly the Pattern after which the Character ^Consciences^ of Individuals are modelled—That according to the Information people’s Consciences at difft. Periods of Time receive, so are they to be judged, that Men at the Day of Judgmt. are to judged according to the Law written in their Heart—He observed that whenever a Man commits an immoral Act, he must be supposed to do it from Sinister Views—that Virginius was a Man of Probity according to History—that he loved his Daughter That in Sacrificing her he wounded himself in the tenderest Point. That he cod. have no sinister Views, that the Honor & Reputation of his Family were his Motives—That even supposing the Law did not apply to this Case that it was most probable that he was activated by Patriotism—He took Notice of the particular Situation of Rome at that Time—Appius’s unlimited Power—that the Decemviri were become odious—that Appius exerted a most arbitrary Dominion putting to Death all who opposed him—That he had even then usurped the Power of a Decemvir for as they were chose for one Year only, he had continued himself after that Year—That to destroy this extensive & unconstitution[al] Power it was necessary to raise a general Opposition—that this was best effected by the Step he took.

Mr. Benson—He insisted that the Spirit of the Law extended only to incorrigable Children—But admitted that it gave an arbitrary Power to Parents, yet he said as it was manifestly against Nature & Justice when applied to this Case no Man cod. be justified in Acting under it—However he conceived that cod. not have been the Law Because 1 The Laws at ^about^ that Time were very imperfect, insomuch that the Code of the 12 Tables3 was compiled—That there was no future Instance referring to or acknowledging the Being of Such a Law, but rather the contrary as he deduced from Cicero’s oration for Milo.4 He observed that the Orator was there pleading for a Man who had killed another. That he enumerated many Instances in which such a Conduct was justified but never mentioned the Case of a Parent’s killing his Child, whence he concluded that in the introducing the Laws of the 12 Tables, that one under Consideration ^was omitted^ That as to his Ignorance being invincible, he cod. not agree to that, because it appeared that the Sentiments of the Romans as to Morality were very refined. And as to his Patriotism that cod. not have been the Motive, because if he meant to render his Country a Service if the Decemvirs were oppressive Why did not Virginius lay the Ax to the Root & destroy the Evil at once. He rather concluded that Virginius was swayed by Passion, than Regard to his Country’s Welfare, a Motive which he did not once avow but on the contrary told his Daughter that he killed her to preserve her Chasity—Mr. Benson further observed that even had Appius accomplished his brutal Purpose, as her Mind was chaste & undefiled she cod. not be said to have been violated—He also observed that Virginius was unjustifiable even supposing him to have acted agreea the Laws of his Country to have been his proper Guides—The Decemvirs had an absolute Power from whence lay no Appeal—Appius in the Exercise of that Power adjudged Virginia to be not the Daughter of Virgs. but the Slave of.

Now this Decree was a Law declared by the Supreme Authority And while that Decree was in Force Virginia was the Slave ^of another^ therefore Virgs. had no Right to kill her—