But do you seriously suppose you are making an example, when you take the life of a poor wretch, in the most deserted part of the exterior Boulevards, at eight o’clock in the morning?
Do not you see then, that your public executions are done in private? That fear is with the execution, and not among the multitude? One is sometimes tempted to believe, that the advocates for capital punishment have not thoroughly considered in what it consists. But place in the scales, against any crime whatever, this exorbitant right, which society arrogates to itself, of taking away that which it did not bestow: that most irreparable of evils!
The alternatives are these: First, the man you destroy is without family, relations, or friends, in the world. In this case, he has received neither education nor instruction; no care has been bestowed either on his mind or heart; then, by what right would you kill this miserable orphan? You punish him because his infancy trailed on the ground, without stem, or support: you make him pay the penalty of the isolated position in which you left him! you make a crime of his misfortune! No one taught him to know what he was doing; this man lived in ignorance: the fault was in his destiny, not himself. You destroy one who is innocent.
Or, Secondly,—the man has a family; and then do you think the fatal stroke wounds him alone?—that his father, his mother, or his children will not suffer by it? In killing him, you vitally injure all his family: and thus again you punish the innocent.
Blind and ill-directed penalty; which, on whatever side it turns, strikes the innocent!
Imprison for life this culprit who has a family: in his cell he can still work for those who belong to him. But how can he help them from the depth of the tomb? And can you reflect without shuddering, on what will become of those young children, from whom you take away their father, their support? Do you not feel that they must fall into a career of vice?
In the Colonies, when a slave is condemned to public execution, there are a thousand francs of indemnity paid to the proprietor of the man! What, you compensate a master, and you do not indemnify a family! In this country, do you not take the man from those who possess him? Is he not, by a much more sacred tie than master and slave, the property of his father, the wealth of his wife, the fortune of his children?
I have already proved your law guilty of assassination; I have now convicted it of robbery!
And then another consideration. Do you consider the soul of this man? Do you know in what state it is, that you dismiss it so hastily?
This may be called “sentimental reasoning,” by some disdainful logicians, who draw their arguments only from their minds. I often prefer the reasonings of the heart; and certainly the two should always go together. Reason is on our side, feeling is on our side, and experience is on our side. In those States where punishment by death is abolished, the mass of capital crime has yearly a progressive decrease. Let this fact have its weight.