It is not to these that I address myself, but to men of law, properly so called,—to logicians, to reasoners; to those who love the penalty of death for its beauty, its goodness, its grace!
Let them give their reasons.
Those who judge and condemn say that “punishment by death is necessary,—first, because it is requisite to remove from the social community a member which has already injured it, and might injure it again.”
If this be all, perpetual imprisonment would suffice. What is the use of inflicting death? You argue that a prisoner may escape from gaol,—keep watch more strictly! If you do not believe in the solidity of iron bars, how do you venture to have menageries? Let there be no executioner where the jailer can be sufficient.
They continue, “But society must avenge itself, society must punish.”
Neither one nor the other; vengeance is an individual act, and punishment belongs to God. Society is between the two; punishment is above its power, retaliation beneath it. Society should not punish, to avenge itself; it should correct, to ameliorate others!
Their third and last reason remains, the theory of example. “We must make examples. By the sight of the fate inflicted on criminals, we must shock those who might otherwise be tempted to imitate them!”
Well, in the first place, I deny the power of the example. I deny that the sight of executions produces the desired effect. Far from edifying the common people, it demoralizes and ruins their feeling, injuring every virtue; proofs of this abound and would encumber my argument if I chose to cite them. I will allude to only one fact, amongst a thousand, because it is of recent occurrence. It happened only ten days back from the present moment when I am writing; namely, on the 5th of March, the last day of the Carnival. At St. Pol, immediately after the execution of an incendiary named Louis Camus, a group of Masqueraders came and danced round the still reeking scaffold!
Make, then, your fine examples! Shrove Tuesday will turn them into jest!
If, notwithstanding all experience, you still hold to the theory of example, then give us back the Sixteenth Century; be in reality formidable. Restore to us a variety of suffering; restore us Farinacci; restore us the sworn torturers; restore us the gibbet, the wheel, the block, the rack, the thumb-screw, the live-burial vault, the burning cauldron; restore us in the streets of Paris, as the most open shop among the rest, the hideous stall of the Executioner, constantly full of human flesh; give us back Montfaucon, its caves of bones, its beams, its crooks, its chains, its rows of skeletons; give us back, in its permanence and power, that gigantic outhouse of the Paris Executioner! This indeed would be wholesale example; this would be “punishment by death,” well understood; this would be a system of execution in some proportion,—which, while it is horrible, is also terrible!