I do not advocate, however, a sudden and complete abolition of the penalty of death, such as was so heedlessly attempted in the Chamber of Deputies. On the contrary, I desire every precaution, every experiment, every suggestion of prudence: besides, in addition to this gradual change, I would have the whole penal code examined, and reformed; and time is a great ingredient requisite to make such a work complete. But independently of a partial abolition of death in cases of forgery, incendiarism, minor thefts, et cætera, I would wish that, from the present time, in all the greater offences, the Judge should be obliged to propose the following question to the Jury: “Has the accused acted from Passion, or Interest?” And in case the Jury decide “the accused acted from Passion,” then there should be no sentence of death.
Let not the opposite party deceive themselves; this question of the penalty of death gains ground every day. Before long, the world will unanimously solve it on the side of mercy. During the past century, punishments have become gradually milder: the rack has disappeared, the wheel has disappeared; and now the Guillotine is shaken. This mistaken punishment will leave France; and may it go to some barbarous people,—not to Turkey, which is becoming civilized, not to the savages, for they will not have it;[9] but let it descend some steps of the ladder of civilization, and take refuge in Spain, or Russia!
In the early ages, the social edifice rested on three columns, Superstition, Tyranny, Cruelty. A long time ago a voice exclaimed, “Superstition has departed!” Lately another voice has cried, “Tyranny has departed!” It is now full time that a third voice shall be raised to say, “The Executioner has departed!”
Thus the barbarous usages of the olden times fall one by one; thus Providence completes modern regeneration.
To those who regret Superstition, we say, “God remains for us!” To those who regret Tyranny, we say, “Our Country remains!” But to those who could regret the Executioner we can say nothing.
Let it not be supposed that social order will depart with the scaffold; the social building will not fall from wanting this hideous keystone. Civilization is nothing but a series of transformations. For what then do I ask your aid? The civilization of penal laws. The gentle laws of Christ will penetrate at last into the Code, and shine through its enactments. We shall look on crime as a disease, and its physicians shall displace the judges, its hospitals displace the Galleys. Liberty and health shall be alike. We shall pour balm and oil where we formerly applied iron and fire; evil will be treated in charity, instead of in anger. This change will be simple and sublime.
The Cross shall displace the Gibbet.
THE END.
FOOTNOTES:
[1] The Gypsy form of marriage.